HF 2006

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; requiring the commissioner of 
  1.3             corrections to conduct a chemical use and mental 
  1.4             health assessment of every inmate committed to the 
  1.5             commissioner's custody and to order the inmate to 
  1.6             participate in available prison chemical use and 
  1.7             mental health treatment programs as recommended by the 
  1.8             assessments; requiring the commissioner to maintain 
  1.9             information on the results of an inmate's chemical use 
  1.10            and mental health assessment and treatment in the 
  1.11            inmate's case file for at least ten years following 
  1.12            expiration of the inmate's sentence; prohibiting free 
  1.13            weights and cable television service in state 
  1.14            correctional facilities; requiring state prison 
  1.15            inmates to participate in or complete work assignments 
  1.16            and education or treatment programs ordered by the 
  1.17            commissioner and to fulfill court-ordered restitution 
  1.18            obligations as a condition to receiving certain 
  1.19            privileges in state prisons; proposing coding for new 
  1.20            law in Minnesota Statutes, chapters 241; and 243. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  [CITATION.] 
  1.23     This act shall be cited as the Prison Reform Act of 1999. 
  1.24     Sec. 2.  [241.86] [CHEMICAL USE AND MENTAL HEALTH 
  1.25  ASSESSMENT AND TREATMENT OF STATE INMATES.] 
  1.26     (a) The commissioner shall require that a chemical use and 
  1.27  mental health assessment be performed on every inmate committed 
  1.28  to the commissioner's custody.  The chemical use assessment 
  1.29  shall be performed by an assessor who meets the training and 
  1.30  qualification requirements of rules adopted by the commissioner 
  1.31  of human services under section 254A.03, subdivision 3.  The 
  1.32  mental health assessment shall be performed by a licensed 
  1.33  psychologist or psychiatrist. 
  2.1      (b) The commissioner shall order every inmate committed to 
  2.2   the commissioner's custody to participate in a prison chemical 
  2.3   use and mental health treatment program, where available, in 
  2.4   accordance with the level of treatment or care contained in the 
  2.5   assessments performed under paragraph (a).  The commissioner 
  2.6   shall require that the inmate's assessment report and treatment 
  2.7   record be included in the inmate's case file and shall maintain 
  2.8   the information for at least ten years following expiration of 
  2.9   the inmate's sentence. 
  2.10     Sec. 3.  [243.553] [CERTAIN EQUIPMENT BANNED IN STATE 
  2.11  PRISONS.] 
  2.12     (a) By August 1, 1999, the commissioner shall remove all 
  2.13  free weights and cable television service from every state 
  2.14  correctional facility. 
  2.15     (b) The possession of free weights by an inmate of a state 
  2.16  correctional facility on or after August 1, 1999, shall be 
  2.17  considered contraband. 
  2.18     Sec. 4.  [243.554] [CERTAIN INMATE PRIVILEGES LIMITED.] 
  2.19     (a) On and after August 1, 1999, the commissioner shall 
  2.20  deny the privileges listed in paragraph (b) to any inmate 
  2.21  serving a life sentence and to any other inmate who fails to 
  2.22  actively participate in or complete any of the following 
  2.23  assignments or programs ordered by the commissioner:  work 
  2.24  assignments, alternative educational programs leading to a GED, 
  2.25  or any treatment programs described in section 1.  The 
  2.26  commissioner also shall deny the privileges listed in paragraph 
  2.27  (b) to any inmate who fails to satisfy restitution obligations 
  2.28  according to any court-ordered restitution payment schedule. 
  2.29     (b) The privileges covered by paragraph (a) include:  
  2.30     (1) access to television; 
  2.31     (2) access to exercise equipment or exercise instruction; 
  2.32     (3) access to recreational sports; 
  2.33     (4) the use or possession of any electronic or electrical 
  2.34  musical instrument; and 
  2.35     (5) the use or possession of any compact disc player or 
  2.36  video cassette recorder.