HF 3772

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/05/2020 03:44pm

A bill for an act
relating to corrections; providing feminine hygiene products to female inmates;
clarifying authority of fugitive apprehension units to do general law enforcement;
authorizing medical director of Department of Corrections to make health care
decisions for certain inmates lacking decision-making capacity and placed in an
outside facility on conditional medical release; providing cultural programming
services for American Indian inmates; clarifying Department of Corrections billing
to counties for juvenile confinements; removing punishment as goal of intensive
community supervision program; amending Minnesota Statutes 2018, sections
241.021, by adding a subdivision; 241.025, subdivisions 1, 2, 3; 241.75, subdivision
2; 241.80; 242.192; 244.14, subdivision 1; repealing Minnesota Statutes 2018,
sections 383A.404; 401.13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 4d. new text end

new text begin Feminine hygiene. new text end

new text begin Feminine hygiene products, including at a minimum
sanitary napkins and tampons, shall be provided at no cost to individuals housed in state
correctional facilities used for the general confinement of female inmates. The commissioner
of corrections shall develop a written policy to implement a process whereby a reasonable
number of feminine hygiene products are available to female inmates.
new text end

Sec. 2.

Minnesota Statutes 2018, section 241.025, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is deleted text begin limited to deleted text end new text begin primarily new text end the arrest of Department of Corrections'
discretionary and statutory released violators and Department of Corrections' escapees. new text begin The
Department of Corrections Fugitive Apprehension Unit may exercise general law enforcement
duties during the course of official duties, including but not limited to carrying out law
enforcement activities in coordination with the law enforcement agency of jurisdiction,
investigating criminal offenses in agency-operated correctional facilities and surrounding
property, and assisting other law enforcement agencies upon request.
new text end

Sec. 3.

Minnesota Statutes 2018, section 241.025, subdivision 2, is amended to read:

Subd. 2.

Limitations.

The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdiction deleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction deleted text begin in which a new crime is committed. deleted text end new text begin unless the law enforcement
agency authorizes the fugitive apprehension unit to assume the subsequent investigation.
At the request of the primary jurisdiction, the fugitive apprehension unit may assist in
subsequent investigations or law enforcement efforts being carried out by the primary
jurisdiction. Persons arrested for violations that the fugitive apprehension unit determines
are not within the agency's jurisdiction must be referred to the appropriate local law
enforcement agency for further investigation or disposition.
new text end

Sec. 4.

Minnesota Statutes 2018, section 241.025, subdivision 3, is amended to read:

Subd. 3.

Policies.

The fugitive apprehension unit must develop and file all policies
required under state law for law enforcement agencies. The fugitive apprehension unit also
must develop a policy for contacting law enforcement agencies in a city or county before
initiating any fugitive surveillance, investigation, or apprehension within the city or county.
deleted text begin These policies must be filed with the board of peace officers standards and training by
November 1, 2000. deleted text end Revisions of any of these policies must be filed with the board within
ten days of the effective date of the revision. The Department of Corrections shall train all
of its peace officers regarding the application of these policies.

Sec. 5.

Minnesota Statutes 2018, section 241.75, subdivision 2, is amended to read:

Subd. 2.

Health care decisions.

The medical director of the Department of Corrections
may make a health care decision for an inmate incarcerated in a state correctional facility
new text begin or placed in an outside facility on conditional medical release new text end if the inmate's attending
physician determines that the inmate lacks decision-making capacity and:

(1) there is not a documented health care agent designated by the inmate or the health
care agent is not reasonably available to make the health care decision;

(2) if there is a documented health care directive, the decision is consistent with that
directive;

(3) the decision is consistent with reasonable medical practice and other applicable law;
and

(4) the medical director has made a good faith attempt to consult with the inmate's next
of kin or emergency contact person in making the decision, to the extent those persons are
reasonably available.

Sec. 6.

Minnesota Statutes 2018, section 241.80, is amended to read:

241.80 AMERICAN INDIAN deleted text begin COUNSELING deleted text end new text begin CULTURAL new text end PROGRAM.

Subdivision 1.

Authority.

The commissioner of corrections shall develop a policy to
provide the deleted text begin counseling deleted text end new text begin cultural programming new text end services listed in subdivision 2 to American
Indian inmates of all juvenile and adult state correctional facilities and community-based
correctional programs. The commissioner may, within the limits of available money, contract
with appropriate American Indian private, nonprofit organizations to provide deleted text begin these counseling deleted text end new text begin
the cultural programming new text end services.

Subd. 2.

deleted text begin Counseling deleted text end new text begin Cultural programming new text end services.

The policy shall include, but
need not be limited to, providing, within the limits of available money, spiritual and cultural
deleted text begin counseling deleted text end new text begin programming new text end services having the following purposes:

(1) the teaching of good work habits and the development of motivation through work;

(2) the development of cultural pride to improve American Indian self-image;

(3) the development of an understanding of and an adjustment to the cultural differences
between American Indians and other ethnic groups;

(4) the development of attitudes of mutual trust, respect, and understanding among
American Indian family members;

(5) the fostering of increased availability of medicine men and American Indian spiritual
leaders to teach American Indian inmates about American Indian history, cultural sensitivity,
and religion;

(6) the involvement of American Indian inmates in those aspects of the correctional
system that will aid in their rehabilitation; and

(7) the provision of services to American Indian inmates that will facilitate their reentry
into the community.

Sec. 7.

Minnesota Statutes 2018, section 242.192, is amended to read:

242.192 CHARGES TO COUNTIES.

The commissioner shall charge counties or other appropriate jurisdictions 65 percent of
the per diem cost of confinement, excluding educational costs and nonbillable service, of
juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed
to the commissioner of corrections. This charge applies to juveniles committed to the
commissioner of corrections and juveniles admitted to the Minnesota Correctional
Facility-Red Wing under established admissions criteria. This charge applies to both counties
that participate in the Community Corrections Act and those that do not. The commissioner
shall determine the per diem cost of confinement based on projected population, pricing
incentives, new text begin and new text end market conditions deleted text begin , and the requirement that expense and revenue balance
out over a period of two years deleted text end . All money received under this section must be deposited in
the state treasury and credited to the general fund.

Sec. 8.

Minnesota Statutes 2018, section 244.14, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

This section governs the intensive community supervision
programs established under section 244.13. The commissioner shall operate the programs
in conformance with this section. The commissioner shall administer the programs to further
the following goals:

deleted text begin (1) to punish the offender;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end to protect the safety of the public;

deleted text begin (3) deleted text end new text begin (2) new text end to facilitate employment of the offender during the intensive community
supervision and afterward; and

deleted text begin (4) deleted text end new text begin (3) new text end to require the payment of restitution ordered by the court to compensate the
victims of the offender's crime.

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 383A.404; and 401.13, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H3772-1

383A.404 COMMUNITY CORRECTIONS DEPARTMENT.

Subdivision 1.

Establishment.

There is established, in Ramsey County, a Community Corrections Department in connection with the courts of the Second Judicial District. The department is in the charge of a director who shall be appointed by and serve at the pleasure of a Corrections Management Committee comprised of three judges of the Second Judicial District appointed by the chief judge of the district and three members of the board of county commissioners appointed by the chair of the board. The director shall have full authority and responsibility for the administration, operation, and supervision of all functions and services of the department, and shall carry out that authority and responsibility within the organizational structure and reporting relationship that is in accord with county board and judicial district administrative policies. Salary of the director shall be set by the county board of commissioners upon recommendation of the Corrections Management Committee.

Subd. 2.

Officers, employees.

The director may employ an assistant director, a superintendent, and assistant superintendent for each correctional facility in the county, and three principal assistants or division supervisors, all of whom shall serve at the pleasure of the director in the unclassified service. The director shall define the duties of these employees and may delegate powers, duties and responsibilities to them. Any officer or employee of the department shall exercise delegated powers under the control of and subject to conditions prescribed by the director. The salaries shall be set by the Ramsey County Board of Commissioners.

Subd. 3.

Office room and records.

Ramsey County shall provide the director and department personnel with suitable furnished office rooms, record books, stationery, postage, expenses of investigation and visitation ordered by the court, and the other actual expenses as are required for the proper execution of their duties.

Subd. 4.

Official attendance at court.

The director or a department person designated by the director shall be present in the juvenile court of the judge having chambers in the county at each regular session, and shall be present in the district court and any other court now or hereafter established in the county when so requested by a judge of that court.

Subd. 5.

Duties of department.

The duties of the department are:

(1) To supervise persons placed on probation by any of the judges of any of the courts of Ramsey County, to keep accurate records of this supervision, and to make reports thereon.

(2) To make investigations with regard to a child or person as may be ordered by the court before, during, or after the trial or hearing of the child or person, and shall furnish to the court the information, recommendations, and assistance as may be required.

(3) To inquire into the nature of every juvenile delinquency or criminal matter in any court where authorized to appear and have supervision of the child or person during the continuance or suspension of sentence or order of commitment, and in general, perform the acts with reference thereto as the court may direct. In the execution of official duties, the department personnel shall have all the power of a peace officer.

(4) To perform the duties required of probation officers by law, including but not limited to, chapter 260, and acts amendatory thereof, and the Criminal Code of 1963, and acts amendatory thereof.

(5) To provide for psychiatric, psychological, and medical diagnosis or services for a person when directed or ordered by a court of the county, or when the services are part of the probation and investigation process.

(6) To make collections of support money in divorce and other actions when ordered by a judge of a court of the county and to make collections of money and property when ordered to be paid as restitution or reimbursement and to turn over the money or property to the person or persons entitled thereto as directed by the court.

(7) To make investigations both as to custody and other matters and provide counseling in domestic relation cases as required and to exercise supervision over children and other persons in the cases that the court directs.

(8) To perform other duties for the protection of children and parents as a court of the county directs.

(9) To provide services as marital counseling, taking of wage assignments, financial reports, marriage consent investigations, and other duties as a court of the county directs.

(10) To make all necessary inquiries and prepare petitions for withdrawals from minor trust funds when directed by the judge of the district court.

(11) To perform other acts in relation to the above listed duties and any other services as the courts of the district direct.

Subd. 6.

Annual report.

The director shall report, annually, to the District Court of the Second Judicial District with reference to the conditions and disposition and other pertinent facts relative to the work of the department and shall furnish a copy of the report to the board of county commissioners, the commissioner of human services, and to the commissioner of corrections.

Subd. 7.

Salaries payable out of Ramsey County treasury.

All annual salaries for the Community Corrections Department shall be payable out of the Ramsey County treasury.

401.13 COSTS OF CONFINEMENT; PAYMENT.

Each participating county will be charged a sum equal to the actual per diem cost of confinement, excluding educational costs, of those juveniles committed to the commissioner and confined in a state correctional facility. The commissioner shall annually determine costs making necessary adjustments to reflect the actual costs of confinement. The commissioner of corrections shall bill the counties and deposit the receipts from the counties in the general fund. All charges shall be a charge upon the county of commitment.