HF 1448

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 02:36pm

A bill for an act
relating to public safety; requiring the commissioner of corrections to perform
regular assessments of security practices at state prisons; requiring a report;
amending Minnesota Statutes 2020, sections 241.016, subdivision 1; 241.021, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 241.016, subdivision 1, is amended to read:

Subdivision 1.

Biennial report.

(a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice funding
by January 15 of each odd-numbered year. The issuance and content of the report must
include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average per
diem, reported in a standard calculated method as outlined in the departmental policies and
procedures;

(3) department annual statistics as outlined in the departmental policies and procedures;
deleted text begin and
deleted text end

(4) information about prison-based mental health programs, including, but not limited
to, the availability of these programs, participation rates, and completion rates deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) the findings, conclusions, and recommendations of security assessments and audits
mandated by section 241.021, subdivision 1a.
new text end

(b) The department shall maintain recidivism rates for adult facilities on an annual basis.
In addition, each year the department shall, on an alternating basis, complete a recidivism
analysis of adult facilities, juvenile services, and the community services divisions and
include a three-year recidivism analysis in the report described in paragraph (a). The
recidivism analysis must: (1) assess education programs, vocational programs, treatment
programs, including mental health programs, industry, and employment; and (2) assess
statewide re-entry policies and funding, including postrelease treatment, education, training,
and supervision. In addition, when reporting recidivism for the department's adult and
juvenile facilities, the department shall report on the extent to which offenders it has assessed
as chemically dependent commit new offenses, with separate recidivism rates reported for
persons completing and not completing the department's treatment programs.

Sec. 2.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Independent assessment and audit of security practices; state correctional
facilities. new text end

new text begin (a) Beginning in fiscal year 2022 and at least every other year thereafter, each
state correctional facility must undergo an independent assessment and audit of security
practices.
new text end

new text begin (b) Assessments and audits required under this subdivision must be completed by an
experienced team of professionals comprised of the following members:
new text end

new text begin (1) a department employee who is not assigned to the correctional institutions division;
new text end

new text begin (2) an employee of the Department of Health with experience in facility inspections;
new text end

new text begin (3) an employee of the Department of Labor and Employment's Occupational Safety
and Health Division;
new text end

new text begin (4) a private security consultant; and
new text end

new text begin (5) a county sheriff who oversees a jail, or the sheriff's designee.
new text end

new text begin (c) The commissioner must include the findings, conclusions, and recommendations
from each security assessment and audit in the department's biennial report to the legislature
under section 241.016, subdivision 1.
new text end