Minnesota Legislature
HF 3761
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/14/2024 12:24pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/13/2024 |
Current Version - as introduced
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A bill for an act
relating to corrections; establishing the Safety through Support Act; expanding
visitation rights of incarcerated persons; establishing a diversity task force to
approve licensed professionals to access incarcerated persons; amending Minnesota
Statutes 2022, sections 241.05; 243.48, subdivisions 1, 2, by adding a subdivision;
Minnesota Statutes 2023 Supplement, section 299A.95, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 241.05, is amended to read:
241.05 RELIGIOUS new text begin AND MENTORING new text end ACTIVITIES.
The commissioner of corrections shall allow inmates of all prisons and reformatories
under the commissioner's control to participate in religious new text begin and mentoring new text end activities, during
which members of the clergy of good standing in any church or denomination new text begin and mentors
or representatives approved by the diversity task force for the support, rehabilitation, and
reentry of incarcerated persons in state correctional facilities, established in section 299A.95,
subdivision 9, new text end may freely administer and impart religious rites and instruction new text begin and mentorship
new text end to those desiring them. No officer or employee of the institution shall attempt to influence
the religious belief of any inmatenew text begin or prevent mentorship of inmatesnew text end , and no inmate shall be
required to attend religious services new text begin or participate in mentoring new text end against the inmate's will.
Sec. 2.
Minnesota Statutes 2022, section 243.48, subdivision 1, is amended to read:
Subdivision 1.
General searches.
The commissioner of corrections, the state correctional
facilities audit group, the governor, lieutenant governor, members of the legislature, state
officers, and the ombudsperson for corrections may visit the inmates at pleasuredeleted text begin , but nodeleted text end new text begin .
Access to allnew text end other deleted text begin persons without permission of the chief executive officer of the facility,
underdeleted text end new text begin visitors is governed bynew text end rules prescribed by the commissioner. deleted text begin 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.deleted text end new text begin Rules adopted pursuant to this subdivision must be consistent with the
terms of subdivision 3.
new text end
Sec. 3.
Minnesota Statutes 2022, section 243.48, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Legaldeleted text end new text begin Professional and communitynew text end assistance.
Duly licensed attorneysnew text begin ,
medical professionals, and mental health professionals, and persons approved by the diversity
task force for the support, rehabilitation, and reentry of incarcerated persons in state
correctional facilities, established in section 299A.95, subdivision 9,new text end may visit at pleasure
and have reasonable access to deleted text begin offenderdeleted text end new text begin existingnew text end clientsnew text begin and incarcerated persons who request
an authorized person's presencenew text end . Law students, paralegals and other agents working under
the supervision of duly licensed attorneys, new text begin medical professionals, or mental health
professionals new text end shall have reasonable access to offenders during normal deleted text begin businessdeleted text end new text begin wakingnew text end
hours for the purpose of providing legal new text begin or health new text end services, provided they are properly
identified as representing or being the agent of a duly licensed attorneynew text begin , medical health
professional, or mental health professionalnew text end .
Sec. 4.
Minnesota Statutes 2022, section 243.48, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Visitation rules. new text end
new text begin
The commissioner's visitation rules must be drafted and applied
to maximize visitation for inmates. The commissioner may not:
new text end
new text begin
(1) limit the number of incarcerated persons that an eligible community member may
visit;
new text end
new text begin
(2) restrict or disallow communication with incarcerated persons by persons approved
by the diversity task force for the support, rehabilitation, and reentry of incarcerated persons
in state correctional facilities, established in section 299A.95, subdivision 9, unless there
is a credible, documented security concern;
new text end
new text begin
(3) prevent same-day registration and visitation without a credible, documented security
concern;
new text end
new text begin
(4) use strip searches for incarcerated persons before or following a meeting with a
visitor unless there is a credible, documented security concern;
new text end
new text begin
(5) impose lifetime visitation bans to incarcerated persons; and
new text end
new text begin
(6) impose lifetime visitation bans to community members, though visiting may be
reduced to noncontact visits based on a credible, documented security concern.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 299A.95, is amended by adding a
subdivision to read:
new text begin Subd. 9. new text end
new text begin
Diversity task force for the support, rehabilitation, and reentry of
incarcerated persons in state correctional facilities.
new text end
new text begin
(a) The commissioner of public safety
through the executive director of the Office of Restorative Practices shall establish and
appoint a diversity task force for the support, rehabilitation, and reentry of incarcerated
persons in state correctional facilities consisting of up to 40 members who will represent
the geographic, racial, religious, and gender diversity found in state correctional facilities.
new text end
new text begin
(b) The task force shall meet on a regular basis to perform the following functions:
new text end
new text begin
(1) ensure access to support, mentorship, visiting, positive community, and resources
to incarcerated persons during and after prison;
new text end
new text begin
(2) approve support professionals and mentors to directly or virtually contact incarcerated
persons without supervision as provided for in sections 241.05 and 243.48, subdivision 2;
and
new text end
new text begin
(3) serve as the appellate authority for a person approved under clause (2) who the
commissioner of corrections has limited or barred from access to incarcerated persons.
new text end
new text begin
(c) Task force members shall elect cochairs and may create subcommittees.
new text end
new text begin
(d) Notwithstanding section 15.059, subdivision 6, the task force does not expire.
new text end
Sec. 6. new text begin TITLE.
new text end
new text begin
Sections 1 to 5 shall be referred to as the "Minnesota Safety through Support Act."
new text end