HF 2636

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 11:43am

A bill for an act
relating to human services; creating a shelter inhabitants' bill of rights; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 256K.

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

Section 1.

new text begin [256K.50] SHELTER INHABITANTS' BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Homeless" or "homelessness" means lacking a fixed, regular, and adequate nighttime
residence.
new text end

new text begin (c) "Homeless shelter" or "shelter" means any facility, regardless of nature of ownership
or operation or source of funding, intended for temporary indoor sleeping accommodations
for persons who are homeless, including single adults, families, youth, or survivors of
domestic violence or sexual assault. Homeless shelter or shelter does not include a shelter
located on Tribal land or owned, operated, or administered by a Tribe.
new text end

new text begin (d) "Inhabitant" means an inhabitant of a homeless shelter in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Right to be treated with dignity and respect. new text end

new text begin (a) Inhabitants have the right
to be treated with courtesy, dignity, and respect for their humanity, individuality, identity,
and property by staff, volunteers, contractors, and agents of a shelter. Inhabitants have the
right to be treated equally and without discrimination because of their race, color, ethnicity,
national origin, religion, creed, citizenship status, age, disability, gender, gender identity,
sexual orientation, employment status, source of income, personal appearance, status as a
military veteran, marital status, familial status, medical history, limited English proficiency,
or the lack of a valid state driver's license, nondriver ID, or other form of government-issued
identification.
new text end

new text begin (b) Nothing in this section prohibits denial of shelter to:
new text end

new text begin (1) a single adult by a shelter serving families only;
new text end

new text begin (2) a family by a shelter serving single adults only;
new text end

new text begin (3) an ineligible person by a shelter serving youths only; or
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new text begin (4) an ineligible person by a shelter serving survivors of domestic violence only.
new text end

new text begin Subd. 3. new text end

new text begin Right to adequate facilities. new text end

new text begin Inhabitants have the right to be sheltered in
facilities that are clean, sanitary, and adequate to meet their temporary housing needs,
including but not limited to sufficient and accessible restroom and shower facilities, sufficient
space for wheelchairs and walkers, and the provision of bedding and basic hygiene
necessities. If a shelter serves food, inhabitants have the right to food prepared in a safe and
sanitary manner in accordance with all applicable health codes.
new text end

new text begin Subd. 4. new text end

new text begin Right to reasonable accommodations. new text end

new text begin (a) Inhabitants with disabilities have
the right to reasonable accommodations and modifications of policies, practices, and
procedures, including the rights and remedies granted under the Americans with Disabilities
Act, the Fair Housing Act, section 504 of the Rehabilitation Act, and the Minnesota Human
Rights Act.
new text end

new text begin (b) Inhabitants have the right to reasonable modification of rules and policies to
accommodate work or child care hours and schedules, emergencies, obligations to care for
relatives who do not reside in the shelter, and other extenuating circumstances that would
result in the need to leave or return at times other than those articulated in the shelter rules
to ensure no inhabitant is unreasonably denied entry to the shelter facility.
new text end

new text begin (c) Shelters must take, to the extent possible, reasonable measures to:
new text end

new text begin (1) ensure that inhabitants with limited English proficiency understand the shelter rules
and policies and can communicate with staff; and
new text end

new text begin (2) accommodate inhabitants with special dietary needs or religious restrictions.
new text end

new text begin Subd. 5. new text end

new text begin Right to privacy. new text end

new text begin Inhabitants have the right to personal privacy, at a minimum
when:
new text end

new text begin (1) changing clothes;
new text end

new text begin (2) using toilets, showers, and baths; and
new text end

new text begin (3) during medical examination or treatment.
new text end

new text begin Subd. 6. new text end

new text begin Right to confidentiality of records. new text end

new text begin Inhabitants have the right to have their
personal, financial, health, and medical records kept private. Except as otherwise required
or allowed under law, a shelter may not release an inhabitant's records without the inhabitant's
consent.
new text end

new text begin Subd. 7. new text end

new text begin Right to know about shelter rules and available resources. new text end

new text begin Upon admission
to a shelter, or as soon as practicable thereafter, inhabitants must be offered a written notice
that includes:
new text end

new text begin (1) the rules of the shelter and person to whom questions or concerns can be directed;
new text end

new text begin (2) a list of the rights enumerated in this section;
new text end

new text begin (3) the shelter's procedures for requesting accommodations under subdivision 4; and
new text end

new text begin (4) a list of, and contact information for, public and private resources, including
organizations providing:
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new text begin (i) mental, physical, and chemical health care;
new text end

new text begin (ii) case management, housing, or employment services; and
new text end

new text begin (iii) assistance accessing public benefits.
new text end

new text begin Subd. 8. new text end

new text begin Right to meet with attorneys, advocates, and others. new text end

new text begin Inhabitants have the
right to meet and communicate privately with attorneys, advocates, clergy, physicians,
medical providers, social workers, and other professionals. The meetings must be allowed
at reasonable hours and immediately when necessary in an emergency, consistent with any
physical limitations of the shelter facility.
new text end

new text begin Subd. 9. new text end

new text begin Right to complain. new text end

new text begin Inhabitants have the right to file, without fear of retaliation,
grievances with the shelter provider, the ombudsperson for shelter inhabitants, or any other
relevant government entity regarding inhabitant treatment or the services provided by the
shelter.
new text end

new text begin Subd. 10. new text end

new text begin Displacements. new text end

new text begin (a) A shelter may displace an inhabitant if the shelter
determines that the inhabitant poses a danger to shelter staff or other inhabitants based on
a credible report that the inhabitant committed an act that would constitute criminal sexual
conduct under sections 609.342 to 609.3451, inflicted or attempted to inflict bodily harm
upon another, or used or threatened the use of a dangerous weapon as defined in section
609.02, subdivision 6. In all other cases, displacement may occur only in the most severe
circumstances.
new text end

new text begin (b) Shelters must exercise judgment and before displacing an inhabitant must:
new text end

new text begin (1) give the inhabitant the right to explain or refute the allegations that form the basis
of the displacement; and
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new text begin (2) examine all extenuating circumstances, including but not limited to:
new text end

new text begin (i) the inhabitant's age and any known or apparent mental health conditions; and
new text end

new text begin (ii) whether displacement in dangerous weather conditions will jeopardize the life, health,
or safety of the inhabitant.
new text end

new text begin (c) A inhabitant that is displaced has the right to written documentation of the reason
for the displacement; the effective date of the displacement; the procedure to file a grievance
or, if applicable, appeal; and contact information for the ombudsperson for shelter inhabitants.
new text end

new text begin Subd. 11. new text end

new text begin No effect on other rights. new text end

new text begin Nothing in this section shall be construed to
eliminate, limit, or modify any rights of the inhabitant, including rights of notice or appeal,
granted under any other provision of law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, except subdivision 7 is
effective January 1, 2024.
new text end

Sec. 2. new text begin DIRECTION TO COMMISSIONER; SHELTER INHABITANTS' BILL OF
RIGHTS.
new text end

new text begin No later than January 1, 2024, the commissioner of human services, in consultation with
relevant state and local agencies, including the Minnesota Interagency Council on
Homelessness and nonprofit organizations serving or advocating for individuals and families
who are experiencing homelessness, shall develop the list of resources required to be
distributed under Minnesota Statutes, section 256K.50, subdivision 7.
new text end

Sec. 3. new text begin APPROPRIATION; SHELTER INHABITANTS' BILL OF RIGHTS.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
human services to develop the list of resources required to be distributed under Minnesota
Statutes, section 256K.50, subdivision 7. This is a onetime appropriation.
new text end