HF 2550

as introduced - 91st Legislature (2019 - 2020) Posted on 07/09/2019 10:55am

A bill for an act
relating to public safety; adding security screening systems to ionizing
radiation-producing equipment; modifying jail inmate transfer provisions;
establishing guidelines for the use of administrative and disciplinary segregation
in state correctional institutions; extending retention of certain criminal gang
investigative data; establishing a local correctional officers discipline procedures
act; reestablishing the ombudsman for corrections; establishing the powers and
duties of the ombudsman; increasing the number of correctional officers;
authorizing a jail to share certain inmate mental illness information with a local
county social services agency; requiring state and local jail and prison inmates to
be housed in publicly owned and operated jails and prisons; prohibiting the state
and counties from contracting with private prisons; establishing pilot project to
decrease risk of recidivism among incarcerated women; establishing pilot program
to address mental health among correctional officers and inmates in state
correctional facilities; establishing a Peace Officer Excellence Task Force;
establishing a task force on the implementation of dosage probation; requiring
reports; appropriating money; amending Minnesota Statutes 2018, sections 13.851,
by adding a subdivision; 15A.0815, subdivision 3; 144.121, subdivision 1a, by
adding a subdivision; 151.37, subdivision 12; 241.01, subdivision 3a; 241.025,
subdivisions 1, 2; 241.75, subdivision 2; 242.192; 243.48, subdivision 1; 299C.091,
subdivision 5; 631.412; 641.15, subdivision 3a; proposing coding for new law in
Minnesota Statutes, chapters 241; 243; 641; repealing Minnesota Statutes 2018,
section 401.13.

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

Section 1.

Minnesota Statutes 2018, section 13.851, is amended by adding a subdivision
to read:

Subd. 12.

Mental health screening.

The treatment of data collected by a sheriff or local
corrections agency related to individuals who may have a mental illness is governed by
section 641.15, subdivision 3a.

Sec. 2.

Minnesota Statutes 2018, section 15A.0815, subdivision 3, is amended to read:

Subd. 3.

Group II salary limits.

The salary for a position listed in this subdivision shall
not exceed 120 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Executive director of Gambling Control Board;

Commissioner of Iron Range resources and rehabilitation;

Commissioner, Bureau of Mediation Services;

Ombudsman for mental health and developmental disabilities;

Ombudsman for corrections;

Chair, Metropolitan Council;

School trust lands director;

Executive director of pari-mutuel racing; and

Commissioner, Public Utilities Commission.

Sec. 3.

Minnesota Statutes 2018, section 144.121, subdivision 1a, is amended to read:

Subd. 1a.

Fees for ionizing radiation-producing equipment.

(a) A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration
fee consisting of a base facility fee of $100 and an additional fee for each radiation source,
as follows:

(1)	medical or veterinary equipment	$	100
(2)	dental x-ray equipment	$	40
(3)	x-ray equipment not used on humans or animals	$	100
(4)	devices with sources of ionizing radiation not used on humans or animals	$	100
(5)	security screening system	$	100

(b) A facility with radiation therapy and accelerator equipment must pay an annual
registration fee of $500. A facility with an industrial accelerator must pay an annual
registration fee of $150.

(c) Electron microscopy equipment is exempt from the registration fee requirements of
this section.

(d) For purposes of this section, a security screening system means radiation-producing
equipment designed and used for security screening of humans who are in the custody of a
correctional or detention facility, and used by the facility to image and identify contraband
items concealed within or on all sides of a human body. For purposes of this section, a
correctional or detention facility is a facility licensed under section 241.021 and operated
by a state agency or political subdivision charged with detection, enforcement, or
incarceration in respect to state criminal and traffic laws.

Sec. 4.

Minnesota Statutes 2018, section 144.121, is amended by adding a subdivision to
read:

Subd. 9.

Exemption from examination requirements; operators of security screening
systems.

(a) An employee of a correctional or detention facility who operates a security
screening system and the facility in which the system is being operated are exempt from
the requirements of subdivisions 5 and 6.

(b) An employee of a correctional or detention facility who operates a security screening
system and the facility in which the system is being operated must meet the requirements
of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota
Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year
that the permanent rules adopted by the commissioner governing security screening systems
are published in the State Register.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 5.

Minnesota Statutes 2018, section 151.37, subdivision 12, is amended to read:

Subd. 12.

Administration of opiate antagonists for drug overdose.

(a) A licensed
physician, a licensed advanced practice registered nurse authorized to prescribe drugs
pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
pursuant to section 147A.18 may authorize the following individuals to administer opiate
antagonists, as defined in section 604A.04, subdivision 1:

(1) an emergency medical responder registered pursuant to section 144E.27;

(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d);
and

(3) employees of a correctional facility; and

(4) staff of community-based health disease prevention or social service programs.

(b) For the purposes of this subdivision, opiate antagonists may be administered by one
of these individuals only if:

(1) the licensed physician, licensed physician assistant, or licensed advanced practice
registered nurse has issued a standing order to, or entered into a protocol with, the individual;
and

(2) the individual has training in the recognition of signs of opiate overdose and the use
of opiate antagonists as part of the emergency response to opiate overdose.

(c) Nothing in this section prohibits the possession and administration of naloxone
pursuant to section 604A.04.

Sec. 6.

Minnesota Statutes 2018, section 241.01, subdivision 3a, is amended to read:

Subd. 3a.

Commissioner, powers and duties.

The commissioner of corrections has the
following powers and duties:

(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.

(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility. After July 1, 2019, the commissioner shall not allow inmates to be housed in facilities
that are not owned and operated by the state, a local unit of government, or a group of local
units of government. Inmates shall not exercise custodial functions or have authority over
other inmates.

(c) To administer the money and property of the department.

(d) To administer, maintain, and inspect all state correctional facilities.

(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.

(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.

(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.

(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.

(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7.

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 limited to the activities related to the arrest of Department of
Corrections' discretionary and statutory released violators and Department of Corrections'
escapees. The Department of Corrections Fugitive Apprehension Unit may exercise general
law enforcement duties upon request for assistance from a law enforcement agency and
subject to availability and resources of the Department of Corrections Fugitive Apprehension
Unit.

Sec. 8.

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 within the agency's jurisdiction 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 in which a new crime is committed.

Sec. 9.

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
or placed in an outside facility on conditional medical release 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. 10.

[241.90] OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS;
FUNCTION.

The Office of Ombudsman for the Department of Corrections is hereby created. The
ombudsman shall serve at the pleasure of the governor in the unclassified service, shall be
selected without regard to political affiliation, and shall be a person highly competent and
qualified to analyze questions of law, administration, and public policy. No person may
serve as ombudsman while holding any other public office. The ombudsman for corrections
shall be accountable to the governor and shall have the authority to investigate decisions,
acts, and other matters of the Department of Corrections so as to promote the highest
attainable standards of competence, efficiency, and justice in the administration of
corrections.

Sec. 11.

[241.91] DEFINITION.

For the purposes of sections 241.90 to 241.95, "administrative agency" or "agency"
means any division, official, or employee of the Department of Corrections, including the
commissioner of corrections, charged with the care and custody of inmates and any regional
or local correctional facility licensed or inspected by the commissioner of corrections,
whether public or private, established and operated for the detention and confinement of
adults or juveniles, including but not limited to programs or facilities operating under chapter
401, secure juvenile detention facilities, municipal holding facilities, juvenile temporary
holdover facilities, regional or local jails, lockups, work houses, work farms, and detention
facilities, but does not include:

(1) any court or judge;

(2) any member of the senate or house of representatives;

(3) the governor or the governor's personal staff;

(4) any instrumentality of the federal government;

(5) any interstate compact; or

(6) any person responsible for the supervision of offenders placed on supervised release,
parole, or probation.

Sec. 12.

[241.92] ORGANIZATION OF OFFICE OF OMBUDSMAN.

Subdivision 1.

Employee selection.

The ombudsman may select, appoint, and compensate
out of available funds assistants and employees as deemed necessary to discharge
responsibilities. The ombudsman and full-time staff shall be members of the Minnesota
State Retirement Association.

Subd. 2.

Assistant ombudsman.

The ombudsman may appoint an assistant ombudsman
in the unclassified service.

Subd. 3.

Delegation of duties.

The ombudsman may delegate to staff members any of
the ombudsman's authority or duties except the duty of formally making recommendations
to an administrative agency or reports to the Office of the Governor or to the legislature.

Sec. 13.

[241.93] POWERS OF OMBUDSMAN; INVESTIGATIONS; ACTION ON
COMPLAINTS; RECOMMENDATIONS.

Subdivision 1.

Powers.

The ombudsman may:

(1) prescribe the methods by which complaints are to be made, reviewed, and acted
upon; provided, however, that the ombudsman may not levy a complaint fee;

(2) determine the scope and manner of investigations to be made;

(3) except as otherwise provided, determine the form, frequency, and distribution of
conclusions, recommendations, and proposals; provided, however, that the governor or a
representative may, at any time the governor deems necessary, request and receive
information from the ombudsman. Neither the ombudsman nor any member of the
ombudsman's staff shall be compelled to testify or to produce evidence in any judicial or
administrative proceeding with respect to any matter involving the exercise of the
ombudsman's official duties except as may be necessary to enforce the provisions of sections
241.90 to 241.95;

(4) investigate, upon a complaint or upon personal initiative, any action of an
administrative agency;

(5) request and be given access to information in the possession of an administrative
agency deemed necessary for the discharge of responsibilities;

(6) examine the records and documents of an administrative agency;

(7) enter and inspect, at any time, premises within the control of an administrative agency;

(8) subpoena any person to appear, give testimony, or produce documentary or other
evidence that the ombudsman deems relevant to a matter under inquiry, and may petition
the appropriate state court to seek enforcement with the subpoena; provided, however, that
any witness at a hearing or before an investigation shall possess the same privileges reserved
to a witness in the courts or under the laws of this state;

(9) bring an action in an appropriate state court to provide the operation of the powers
provided in this subdivision. The ombudsman may use the services of legal assistance to
Minnesota prisoners for legal counsel. The provisions of sections 241.90 to 241.95 are in
addition to other provisions of law under which any remedy or right of appeal or objection
is provided for any person, or any procedure provided for inquiry or investigation concerning
any matter. Nothing in sections 241.90 to 241.95 shall be construed to limit or affect any
other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary
process; and

(10) be present at commissioner of corrections parole, supervised release, and parole
revocation hearings and deliberations.

Subd. 2.

Actions against ombudsman.

No proceeding or civil action except removal
from office or a proceeding brought pursuant to chapter 13 shall be commenced against the
ombudsman for actions taken under the provisions of sections 241.90 to 241.95, unless the
act or omission is actuated by malice or is grossly negligent.

Subd. 3.

Matters appropriate for investigation.

(a) In selecting matters for attention,
the ombudsman should particularly address actions of an administrative agency that may
be:

(1) contrary to law or rule;

(2) unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of an
administrative agency;

(3) mistaken in law or arbitrary in the ascertainment of facts;

(4) unclear or inadequately explained when reasons should have been revealed; or

(5) inefficiently performed.

(b) The ombudsman may also be concerned with strengthening procedures and practices
that lessen the risk that objectionable actions of the administrative agency will occur.

Subd. 4.

Complaints.

(a) The ombudsman may receive a complaint from any source
concerning an action of an administrative agency. The ombudsman may, on personal motion
or at the request of another, investigate any action of an administrative agency.

(b) The ombudsman may exercise powers without regard to the finality of any action of
an administrative agency; however, the ombudsman may require a complainant to pursue
other remedies or channels of complaint open to the complainant before accepting or
investigating the complaint.

(c) After completing investigation of a complaint, the ombudsman shall inform the
complainant, the administrative agency, and the official or employee of the action taken.

(d) A letter to the ombudsman from a person in an institution under the control of an
administrative agency shall be forwarded immediately and unopened to the ombudsman's
office. A reply from the ombudsman to the person shall be promptly delivered unopened
to the person after its receipt by the institution.

(e) No complainant shall be punished nor shall the general condition of the complainant's
confinement or treatment be unfavorably altered as a result of the complainant having made
a complaint to the ombudsman.

Subd. 5.

Investigation of adult local jails and detention facilities.

Either the
ombudsman or the jail inspection unit of the Department of Corrections may investigate
complaints involving local adult jails and detention facilities. The ombudsman and
Department of Corrections must enter into an arrangement with one another that ensures
they are not duplicating services.

Subd. 6.

Recommendations.

(a) If, after duly considering a complaint and whatever
material the ombudsman deems pertinent, the ombudsman is of the opinion that the complaint
is valid, the ombudsman may recommend that an administrative agency should:

(1) consider the matter further;

(2) modify or cancel its actions;

(3) alter a ruling;

(4) explain more fully the action in question; or

(5) take any other step that the ombudsman recommends to the administrative agency
involved.

If the ombudsman so requests, the agency shall, within the time the ombudsman specifies,
inform the ombudsman about the action taken on the ombudsman's recommendations or
the reasons for not complying with it.

(b) If the ombudsman has reason to believe that any public official or employee has
acted in a manner warranting criminal or disciplinary proceedings, the ombudsman may
refer the matter to the appropriate authorities.

(c) If the ombudsman believes that an action upon which a valid complaint is founded
has been dictated by a statute, and that the statute produces results or effects that are unfair
or otherwise objectionable, the ombudsman shall bring to the attention of the governor and
the legislature the ombudsman's view concerning desirable statutory change.

Subd. 7.

Grants.

The ombudsman may apply for and receive grants from public and
private entities for purposes of carrying out the ombudsman's powers and duties under
sections 241.90 to 241.95.

Sec. 14.

[241.94] ACCESS BY OMBUDSMAN TO DATA.

Notwithstanding section 13.384 or 13.85, the ombudsman has access to corrections and
detention data and medical data maintained by an agency and classified as private data on
individuals or confidential data on individuals when access to the data is necessary for the
ombudsman to perform the powers under section 241.93.

Sec. 15.

[241.95] PUBLICATION OF RECOMMENDATIONS; REPORTS.

Subdivision 1.

Publication.

The ombudsman may publish conclusions and suggestions
by transmitting them to the Office of the Governor. Before announcing a conclusion or
recommendation that expressly or impliedly criticizes an administrative agency or any
person, the ombudsman shall consult with that agency or person. When publishing an opinion
adverse to an administrative agency or any person, the ombudsman shall include in the
publication any statement of reasonable length made to the ombudsman by that agency or
person in defense or mitigation of the action.

Subd. 2.

Annual report.

In addition to whatever reports the ombudsman may make on
an ad hoc basis, the ombudsman shall report to the governor and the senate and house
committee chairs and ranking minority members for the committees with fiscal and policy
jurisdiction over public safety and corrections at the end of each year on the ombudsman's
functions during the preceding year.

Sec. 16.

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, and market conditions, and the requirement that expense and revenue balance
out over a period of two years. All money received under this section must be deposited in
the state treasury and credited to the general fund.

Sec. 17.

Minnesota Statutes 2018, section 243.48, subdivision 1, is amended to read:

Subdivision 1.

General searches.

The commissioner of corrections, the governor,
lieutenant governor, members of the legislature, and state officers, and the ombudsman for
corrections may visit the inmates at pleasure, but no other persons without permission of
the chief executive officer of the facility, under rules prescribed by the commissioner. A
moderate fee may be required of visitors, other than those allowed to visit at pleasure. All
fees so collected shall be reported and remitted to the commissioner of management and
budget under rules as the commissioner may deem proper, and when so remitted shall be
placed to the credit of the general fund.

Sec. 18.

[243.521] ADMINISTRATIVE AND DISCIPLINARY SEGREGATION.

Subdivision 1.

Authorization.

In any adult correctional facility under the control of the
commissioner of corrections, the commissioner may require an inmate to be placed on
disciplinary segregation status for rule violations or on administrative segregation status
when the continued presence of the inmate in general population would pose a serious threat
to life, property, self, staff, or other inmates or to the security or orderly running of the
institution. Inmates pending investigation for trial on a criminal act or pending transfer may
be included, provided the warden's written approval is sought and granted within seven
business days of placing the inmate in restrictive housing under this provision. The warden
of each facility must document any time approval is granted and the reason for it, and submit
a quarterly report to the commissioner of corrections.

Subd. 2.

Conditions in segregated housing.

The restrictive housing unit shall provide
living conditions that are approximate to those offenders in general population, including
reduced lighting during nighttime hours.

Subd. 3.

Review of disciplinary segregation status.

The commissioner of corrections
shall receive notification of all inmates with consecutive placement in a restrictive housing
setting for more than 30 days. This notification shall occur on a monthly basis. In the event
an inmate is placed into restrictive housing for more than 120 days, the reason for the
placement and the behavior management plan for the inmate shall be submitted to the
commissioner of corrections.

Subd. 4.

Graduated interventions.

The commissioner shall design and implement a
continuum of interventions, including informal sanctions, administrative segregation, formal
discipline, disciplinary segregation, and step-down management. The commissioner shall
implement a method of due process for all offenders with formal discipline proceedings.

Subd. 5.

Mental health screening.

(a) If it is apparent that the inmate is exhibiting
serious symptoms of a mental illness that prevents the inmate from understanding or fully
participating in the disciplinary process, a mental health professional shall be consulted
regarding appropriate treatment and placement. For other inmates placed in a restrictive
setting, an inmate shall be screened by a health services staff member within 24 hours of
placement in a restrictive housing setting. If the screening indicates symptoms of a mental
illness, a qualified mental health professional shall be consulted regarding appropriate
treatment and placement. The health services staff member shall document any time an
inmate screens in for symptoms of a mental health illness and whether or not the health
services staff member connected with a mental health professional.

(b) If mental health staff believe the inmate's behavior may be more appropriately treated
through alternative interventions or programming, or determine that the inmate's actions
were the result of mental illness, this information must be considered during the disciplinary
process.

Subd. 6.

Mental health care within segregated housing.

A health services staff member
shall perform a daily wellness round in the restrictive housing setting. If a health services
staff member indicates symptoms of a mental illness, a qualified mental health professional
shall be consulted regarding appropriate treatment and placement.

Subd. 7.

Incentives for return to the general population.

The commissioner shall
design and implement a system of incentives so that an inmate who demonstrates appropriate
behavior can earn additional privileges and an accelerated return to the general population.

Subd. 8.

Discharge from segregated housing.

An inmate shall not be released into the
community directly from a stay in restrictive housing for 60 or more days absent a compelling
reason. In cases where there is a compelling reason, the commissioner of corrections or
deputy commissioner shall directly authorize the inmates release into the community from
restrictive housing.

Subd. 9.

Reporting.

(a) By January 15, 2020, and by January 15 each year thereafter,
the commissioner of corrections shall report to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over public safety
and judiciary on the status of the implementation of the provisions in this section. This
report shall include but not be limited to data regarding:

(1) the number of inmates in each institution placed in restrictive housing during the
past year;

(2) the ages of inmates placed in restrictive housing during the past year;

(3) the number of inmates transferred from restrictive housing to the mental health unit;

(4) disciplinary sanctions by infraction;

(5) the lengths of terms served in restrictive housing, including terms served
consecutively; and

(6) the number of inmates by race in restrictive housing.

(b) The Department of Corrections shall submit a qualitative report detailing outcomes,
measures, and challenges to implementation of a step-down management program by April
1, 2020.

Sec. 19.

[243.95] PRIVATE PRISON CONTRACTS PROHIBITED.

The commissioner may not contract with privately owned and operated prisons for the
care, custody, and rehabilitation of offenders committed to the custody of the commissioner.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 20.

Minnesota Statutes 2018, section 299C.091, subdivision 5, is amended to read:

Subd. 5.

Removal of data from system.

Notwithstanding section 138.17, the bureau
shall destroy data entered into the system when three years have elapsed since the data were
entered into the system, except as otherwise provided in this subdivision. If the bureau has
information that the individual has been convicted as an adult, or has been adjudicated or
has a stayed adjudication as a juvenile for an offense that would be a crime if committed
by an adult, since entry of the data into the system, the data must be maintained until three
years have elapsed since the last record of a conviction or adjudication or stayed adjudication
of the individual., except that if the individual is committed to the custody of the
commissioner of corrections and the commissioner documents activities meeting the criminal
gang identification criteria that take place while the individual is confined in a state
correctional facility, the three-year period begins after release from incarceration. Upon
request of the law enforcement agency that submitted data to the system, the bureau shall
destroy the data regardless of whether three years have elapsed since the data were entered
into the system.

Sec. 21.

Minnesota Statutes 2018, section 631.412, is amended to read:

631.412 SAME SEX ESCORT FOR INMATES BEING TRANSFERRED.

(a) Except as provided in paragraph (b), when a sheriff or other correctional officer has
custody of a person charged with or convicted of a crime and transfers that person more
than 100 miles, that sheriff or other correctional officer shall provide the transferee with a
custodial escort of the same sex as the transferee. A sheriff may employ, when the occasion
exists, a suitable person to carry out this section. The expenses of the person's employment
must be paid out of county funds not otherwise appropriated.

(b) A sheriff or other correctional officer is not required to provide a same sex escort if:
(1) the vehicle used to transport the transferee has video and audio recording equipment
installed; (2) the vehicle's video and audio recording equipment is operational and positioned
to record the portion of the vehicle where the transferee is held during the transfer; and (3)
the video and audio equipment records the duration of the transfer. A recording of an inmate
transfer made under this paragraph must be maintained by the sheriff or agency employing
the correctional officer for at least 12 months after the date of the transfer.

Sec. 22.

[641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.

Subdivision 1.

Placement prohibited.

After August 1, 2019, a sheriff shall not allow
inmates committed to the custody of the sheriff to be housed in facilities that are not owned
and operated by a local government, or a group of local units of government.

Subd. 2.

Contracts prohibited.

The county board may not authorize the sheriff to
contract with privately owned and operated prisons for the care, custody, and rehabilitation
of offenders committed to the custody of the sheriff.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 23.

[641.061] LOCAL CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Correctional officer" or "officer" means a person employed in a security capacity
by a local correctional or detention facility.

(c) "Exclusive representative" means an employee organization which has been certified
by the commissioner of the Bureau of Mediation Services to meet and negotiate with an
employer on behalf of all employees in the appropriate unit.

(d) "Formal statement" means the questioning of an officer in the course of obtaining a
recorded, stenographic, or signed statement to be used as evidence in a disciplinary
proceeding against the officer.

Subd. 2.

Applicability.

This section applies to local correctional authorities.

Subd. 3.

Formal statement; procedures.

A formal statement of a correctional officer
must be taken according to subdivisions 4 to 15.

Subd. 4.

Place of formal statement.

A formal statement must be taken at a facility of
the employing or investigating agency or at a place agreed to by the investigating individual
and the investigated correctional officer and exclusive representative.

Subd. 5.

Complaint.

A correctional officer's formal statement may not be taken unless
a written complaint signed by the complainant stating the complainant's knowledge is filed
with the employing or investigating agency and the correctional officer and exclusive
representative have been given a summary of the allegations.

Subd. 6.

Witnesses; investigative reports.

Upon request, the investigating agency or
the correctional officer shall provide the other party with a list of witnesses the agency or
correctional officer expects to testify at an administrative hearing or arbitration authorized
to recommend, approve, or order discipline and the substance of the testimony. A party is
entitled to copies of any witness statements in the possession of the other party and an officer
is entitled to a copy of the investigating agency's investigative report, provided that any
references in a witness statement or investigative report that would reveal the identity of
confidential informants need not be disclosed except for good cause shown upon order of
the person presiding over the administrative hearing or arbitration.

Subd. 7.

Sessions.

Sessions at which a formal statement is taken must be of reasonable
duration and must give the correctional officer reasonable periods for rest and personal
necessities. When practicable, sessions must be held during the correctional officer's regularly
scheduled work shift. If the session is not held during the correctional officer's regularly
scheduled work shift, the correctional officer must be paid by the employing agency at the
officer's current compensation rate for time spent attending the session. Notification of a
formal statement must also be provided to the correctional officer's exclusive representative
and the exclusive representative shall be allowed to be present during the session.

Subd. 8.

Record.

A complete record of sessions at which a formal statement is taken
must be made by electronic recording or otherwise. A complete copy or transcript must be
provided to the correctional officer and the officer's exclusive representative without charge
or undue delay. The session may be recorded by the investigating officer and by the
correctional officer under investigation.

Subd. 9.

Presence of attorney and union representative.

The correctional officer
whose formal statement is taken has the right to have a union representative or an attorney
retained by the officer, or both, present during the session. The correctional officer may
request the presence of a union representative, attorney, or both, at any time before or during
the session. When a request under this subdivision is made, no formal statement may be
taken until a reasonable opportunity is provided for the correctional officer to obtain the
presence of a union representative or attorney.

Subd. 10.

Admissions.

Before an officer's formal statement is taken, the officer shall
be advised in writing or on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis for discipline.

Subd. 11.

Disclosure of financial records.

No employer may require an officer to
produce or disclose the officer's personal financial records except pursuant to a valid search
warrant or subpoena.

Subd. 12.

Release of photographs.

No local correctional facility or governmental unit
may publicly release photographs of an officer without the written permission of the officer,
except that the facility or unit may display a photograph of an officer to a prospective witness
as part of an agency or unit investigation.

Subd. 13.

Disciplinary letter.

No disciplinary letter or reprimand may be included in
an officer's personnel record unless the officer has been given a copy of the letter or
reprimand.

Subd. 14.

Retaliatory action prohibited.

No officer may be discharged, disciplined,
or threatened with discharge or discipline as retaliation for or solely by reason of the officer's
exercise of the rights provided by this section.

Subd. 15.

Rights not reduced.

The rights of officers provided by this section are in
addition to and do not diminish the rights and privileges of officers that are provided under
an applicable collective bargaining agreement or any other applicable law.

Sec. 24.

Minnesota Statutes 2018, section 641.15, subdivision 3a, is amended to read:

Subd. 3a.

Intake procedure; approved mental health screening.

(a) As part of its
intake procedure for new prisoners inmates, the sheriff or local corrections shall use a mental
health screening tool approved by the commissioner of corrections in consultation with the
commissioner of human services and local corrections staff to identify persons who may
have mental illness.

(b) Names of persons who have screened positive or may have a mental illness may be
shared with the local county social services agency. The jail may refer an offender to county
personnel of the welfare system, as defined in section 13.46, subdivision 1, paragraph (c),
in order to arrange for services upon discharge and may share private data on the offender
as necessary to:

(1) provide assistance in filling out an application for medical assistance or
MinnesotaCare;

(2) make a referral for case management as provided under section 245.467, subdivision
4;

(3) provide assistance in obtaining a state photo identification;

(4) secure a timely appointment with a psychiatrist or other appropriate community
mental health provider;

(5) provide prescriptions for a 30-day supply of all necessary medications; or

(6) coordinate behavioral health services.

(c) Notwithstanding section 138.17, if an offender is referred to a government entity
within the welfare system pursuant to paragraph (b), and the offender refuses all services
from the entity, the entity must, within 15 days of the refusal, destroy all private data on
the offender that it created or received because of the referral.

Sec. 25. COORDINATED CRISIS RESPONSE PLAN.

(a) By January 15, 2021, the commissioner of corrections shall develop and implement
a coordinated crisis response plan to support facility, central office, and field services staff.

(b) In developing the response plan, the commissioner may consult with the Department
of Corrections Office of Special Investigations, the Department of Corrections Victim
Assistance Program, human resources offices, facility and field services administration,
peer support programs, county attorneys, victim witness coordinators, community based
victim advocates, the Crime Victim Reparations Board, employee assistance programs,
offices or organizations assisting with workers' compensation claims and benefits, mental
health services, central office administration, and supervisors.

(c) To increase support to staff in crisis, the coordinated crisis response plan shall, at a
minimum, include the following:

(1) a protocol establishing collaboration between the offices, services, and organizations
identified in paragraph (b);

(2) a process to develop and implement individualized support plans based on the
identified needs of staff members in crisis;

(3) identification or development of training on trauma-informed victim and crisis
response; and

(4) a plan to implement training on trauma-informed victim and crisis response including
initial training, refresher courses, and training for new employees.

Sec. 26. CORRECTIONAL OFFICER WAGE SCALE CONDENSED.

The commissioner of management and budget must bargain to condense the step wage
increase scale for correctional officers so that correctional officers reach the top of the wage
scale after six years of qualified service.

EFFECTIVE DATE.

This section is effective July 1, 2019, and applies to contracts
entered on or after that date.

Sec. 27. PILOT PROJECT.

Subdivision 1.

Grant.

The commissioner of corrections shall solicit bids for a grant to
establish a pilot project to decrease the risk of recidivism of women incarcerated at the
Minnesota Correctional Facility - Shakopee and to provide a stable nurturing relationship
for the women's children by providing transportation for mother and child visits organized
around reading activities to improve inmate and child literacy and parent and child bonding.
The pilot project is from July 1, 2019, through June 30, 2021.

Subd. 2.

Goals.

The goals of the pilot project are to:

(1) decrease the number of children requiring community, county, and state services;

(2) help close the achievement gap of children in schools;

(3) promote positive behavioral changes of children in the classroom, community, and
home;

(4) decrease recidivism of incarcerated women;

(5) increase the number of women contributing to the community; and

(6) break the generational cycle of incarceration in families.

Subd. 3.

Evaluation; report.

By January 15 of each year of the pilot project, the grant
recipient must report to the commissioner of corrections and the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
corrections on the development, implementation, impact, and outcomes of the pilot project.

Sec. 28. PEACE OFFICER EXCELLENCE TASK FORCE.

Subdivision 1.

Establishment; purpose.

There is established a Peace Officer Excellence
Task Force. The purpose of the task force is to study the laws, rules, contracts, and policies
that govern the employer-employee relationship between political subdivisions and peace
officers.

Subd. 2.

Members.

(a) The task force must consist of:

(1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;

(2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;

(3) the attorney general, or a designee;

(4) the executive director of the Minnesota Peace Officer Standards and Training Board,
or a designee;

(5) the commissioner of public safety, or a designee;

(6) the commissioner of the Minnesota Bureau of Mediation Services;

(7) one representative from the Minnesota Chiefs of Police Association;

(8) one representative from the Minnesota Sheriffs Association;

(9) two representatives from the Minnesota Peace and Police Officers Association;

(10) one representative from the League of Minnesota Cities;

(11) one representative from the Association of Minnesota Counties;

(12) two representatives from organized labor, including at least one representative of
an organization comprised of peace officers; and

(13) two members of the public appointed by the governor.

(b) Appointments must be made no later than July 1, 2019. Members of the task force
shall not be compensated or receive reimbursement for expenses, except for compensation
or expense reimbursements received in the member's ordinary scope of employment.

Subd. 3.

Organization.

(a) The commissioner of public safety or the commissioner's
designee shall convene the first meeting of the task force no later than August 1, 2019.

(b) The members of the task force may elect a chair and other officers as the members
deem necessary.

(c) The task force shall meet at least monthly, with one meeting devoted to collecting
input from the public and local units of government that employ peace officers.

Subd. 4.

Staff.

The commissioner of public safety shall provide support staff, office
space, and administrative services for the task force.

Subd. 5.

Duties of task force.

The task force must review, assess, and make
recommendations for reforms to the laws, rules, contracts, and policies that govern the
employer-employee relationship between political subdivisions and peace officers. In
formulating recommendations, the task force must seek to balance the employment rights
of peace officers and the need for chief law enforcement officers and political subdivisions
to maintain the integrity and excellence of peace officers they employ.

Subd. 6.

Report and recommendations.

By January 15, 2020, the task force shall
prepare and submit to the chairs and ranking minority members of the committees of the
house of representatives and senate with jurisdiction over public safety and labor and
employment a report that summarizes the activities of the task force, issues identified by
the task force, reform recommendations to address the issues, and recommendations for
legislative action, if needed.

Subd. 7.

Expiration.

The task force expires upon submission of the report required by
subdivision 6.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 29. TASK FORCE ON THE IMPLEMENTATION OF DOSAGE PROBATION.

Subdivision 1.

Establishment.

A task force on the implementation of dosage probation
is established to analyze dosage probation and earned time credit programs, develop a
comprehensive plan for implementation of dosage probation in Minnesota, and recommend
possible legislative action.

Subd. 2.

Membership.

(a) The task force consists of 14 members as follows:

(1) the chief justice of the supreme court or a designee;

(2) one district court judge appointed by the chief justice of the supreme court;

(3) the state public defender or a designee;

(4) one county attorney appointed by the board of directors of the Minnesota County
Attorneys Association;

(5) one city attorney;

(6) the commissioner of corrections or a designee;

(7) one probation officer from a Community Corrections Act county in the metropolitan
area;

(8) one probation officer from a Community Corrections Act county in greater Minnesota;

(9) one peace officer, as defined in Minnesota Statutes, section 626.84, from the
metropolitan area;

(10) one peace officer, as defined in Minnesota Statutes, section 626.84, from greater
Minnesota;

(11) two individuals who have been convicted of a felony offense and served a sentence
of probation;

(12) a representative from a nonprofit agency providing treatment services to individuals
on probation in the metropolitan area; and

(13) a representative from a nonprofit agency providing treatment services to individuals
on probation in greater Minnesota.

(b) For purposes of this subdivision, "metropolitan area" has the meaning given in
Minnesota Statutes, section 473.121, subdivision 2, and "greater Minnesota" has the meaning
given in Minnesota Statutes, section 116J.8738, subdivision 1, paragraph (e).

(c) Members of the task force serve without compensation.

(d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.

Subd. 3.

Officers; meetings.

(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.

(b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2019, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.

(c) The task force shall meet at least quarterly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.

(d) The task force shall request the cooperation and assistance of tribal governments,
nongovernmental organizations, community and advocacy organizations working with
adults on probation, and academic researchers and experts.

Subd. 4.

Duties.

(a) The duties of the task force shall, at a minimum, include:

(1) reviewing and examining the dosage probation model of the National Institute of
Corrections;

(2) reviewing and assessing current supervision models in use in Minnesota, including
specialty courts and any pilot projects;

(3) reviewing and assessing probation models in use in other states;

(4) recommending training for judges, county attorneys, city attorneys, public defenders,
and probation agents;

(5) identifying gaps in existing services, supports, and housing for individuals on
probation;

(6) developing a comprehensive plan to implement a dosage probation model in
Minnesota; and

(7) reviewing existing Minnesota law and proposing amendments or new statutory
provisions.

(b) At its discretion, the task force may examine other related issues consistent with this
section.

Subd. 5.

Report.

On or before January 15, 2020, the task force shall report to the chairs
and ranking members of the legislative committees or divisions with jurisdiction over public
safety on the work of the task force including but not limited to the issues to be examined
in subdivision 1. The report shall include an assessment of the effect adopting dosage
probation would be expected to have on public safety, probation supervision, and the
Department of Corrections; the comprehensive plan developed under subdivision 4; and
any recommended legislative action.

EFFECTIVE DATE.

This section is effective July 1, 2019.

Sec. 30. DOSAGE PROBATION TASK FORCE; APPROPRIATION.

$200,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of corrections to implement the task force on the implementation of dosage probation.

EFFECTIVE DATE.

This section is effective July 1, 2019.

Sec. 31. APPROPRIATION; PILOT PROJECT.

$150,000 in fiscal year 2020 and $150,000 in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to fund the pilot project under section 27.
This appropriation is available until expended.

Sec. 32. APPROPRIATION; CORRECTIONAL OFFICERS.

(a) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to increase the number of full-time equivalent
correctional officer positions in correctional facilities across the state by an additional 150
officer positions in fiscal year 2020 and an additional 60 officer positions in fiscal year
2021. The commissioner of corrections shall increase the number of full-time equivalent
correctional officer positions in correctional facilities across the state by an additional 60
officer positions in fiscal year 2022 and an additional 58 officer positions in fiscal year
2023. These appropriations are added to the base budget of the Department of Corrections.

(b) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to increase the minimum starting salary
for correctional officer positions to $19.95 per hour.

Sec. 33. APPROPRIATION; CORRECTIONS.

(a) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to develop and implement the coordinated
crisis response plan in section 25.

(b) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to establish and fund the ombudsman for
corrections.

Sec. 34. APPROPRIATION; COMMISSIONER OF HEALTH.

$29,000 in fiscal year 2020 and $21,000 in fiscal year 2021 are appropriated from the
state government special revenue fund to the commissioner of health for rulemaking under
Minnesota Statutes, section 144.121.

Sec. 35. REPEALER.

Minnesota Statutes 2018, section 401.13, is repealed.

APPENDIX

Repealed Minnesota Statutes: 19-4693

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.