HF 3006

as introduced - 88th Legislature (2013 - 2014) Posted on 03/12/2014 11:35am

A bill for an act
relating to corrections; requiring commissioners of corrections and human
services to offer reentry planning services upon discharge to offenders leaving
correctional facilities; proposing coding for new law in Minnesota Statutes,
chapter 244.

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

Section 1.

new text begin [244.0538] DISCHARGE PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Offer to develop plan. new text end

new text begin Except for an offender with serious and
persistent mental illness who receives a discharge plan under section 244.054, the
commissioner of human services, in collaboration with the commissioner of corrections,
shall offer to develop a discharge plan for community-based services for every offender
who is being released from a correctional facility. If an offender is released pursuant to
section 244.05, the offender may choose to have the discharge plan made one of the
conditions of the offender's supervised release and shall follow the conditions to the extent
that services are available and offered to the offender.
new text end

new text begin Subd. 2. new text end

new text begin Content of plan. new text end

new text begin If an offender chooses to have a discharge plan
developed, the commissioner of human services shall develop and implement a discharge
plan, which must include at a minimum the following:
new text end

new text begin (1) at least 90 days before the offender is due to be discharged, the commissioner of
human services shall designate an agent of the Department of Human Services with social
services training to serve as the primary person responsible for carrying out discharge
planning activities;
new text end

new text begin (2) at least 75 days before the offender is due to be discharged, the offender's
designated agent shall:
new text end

new text begin (i) obtain informed consent and releases of information from the offender that are
needed for transition services;
new text end

new text begin (ii) contact the county human services department in the community where the
offender expects to reside following discharge, and inform the department of the offender's
impending discharge and the planned date of the offender's return to the community,
determine whether the county or a designated contracted provider will provide social
services to the offender, refer the offender to the social services provider, and confirm that
the social services provider will have opened the offender's case prior to the offender's
discharge; and
new text end

new text begin (iii) refer the offender to appropriate staff in the county human services department
in the community where the offender expects to reside following discharge, for enrollment
of the offender if eligible in programs for housing, financial support, benefits assistance,
employment counseling, and other available services;
new text end

new text begin (3) at least 30 days before discharge, the offender's designated agent shall convene a
predischarge assessment and planning meeting of key staff from the programs in which
the offender has participated while in the correctional facility, the offender, the supervising
agent, and the social services provider assigned to the offender. At the meeting, attendees
shall provide background information and recommendations for the offender, including
information on the offender's risk for recidivism, therapy and behavioral goals; diagnostic
and assessment information, including results of a chemical dependency evaluation; needs
for housing, employment, and finance support and assistance; and recommendations for
successful community integration, including chemical dependency treatment or support if
chemical dependency is a risk factor. The offender's designated agent shall summarize
the background information and continuing care recommendations in a written report
immediately following the meeting;
new text end

new text begin (4) immediately following the predischarge assessment and planning meeting, the
provider of social services who will serve the offender following discharge shall offer
to make arrangements and referrals for housing, financial support, benefits assistance,
employment counseling, and other services as needed;
new text end

new text begin (5) upon discharge, the offender's designated agent shall ensure that the offender
leaves the correctional facility with a secured appointment with a local social or
human services provider as well as a copy of the written discharge plan. The agent
shall also ensure that the offender is provided with a list of community resources
including information on housing and shelter options, employment counseling, education
opportunities, health care, childcare, and legal services providers; and
new text end

new text begin (6) if an offender is a parent of a minor child and wishes to establish a relationship
with that child upon discharge, the offender's designated agent shall include in the
offender's discharge plan a secured appointment for consultation with an appropriate legal
services provider or social services worker to discuss parental rights and reunification.
new text end