1.1 	A bill for an act
1.2 	relating to corrections; modifying cultural program for American Indian 
1.3 	incarcerated individuals; clarifying reporting requirements related to community 
1.4 	supervision; exempting federal law enforcement agents who transport persons 
1.5 	from definition of protective agent; repealing obsolete civil commitment law 
1.6 	regarding incarcerated individuals with mental illness;amending Minnesota Statutes 
1.7 	2024, sections 241.80; 326.338, subdivision 4; 401.10, subdivision 4; 401.17, 
1.8 	subdivisions 1, 5; repealing Minnesota Statutes 2024, sections 253.21; 253.23.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2024, section 241.80, is amended to read:
1.11 	241.80 AMERICAN INDIAN CULTURAL PROGRAM.
1.12 		Subdivision 1.Authority. The commissioner of corrections shall develop a policy to 
1.13 	provide the cultural programming services listed in subdivision 2 to American Indian inmates
1.14 	incarcerated individuals of all juvenile and adult state correctional facilities and 
1.15 	community-based correctional programs. The commissioner may, within the limits of 
1.16 	available money, contract with appropriate American Indian private, nonprofit organizations 
1.17 	to provide the cultural programming services.
1.18 		Subd. 2.Cultural programming services. The policy shall include, but need not be 
1.19 	limited to, providing, within the limits of available money, spiritual and cultural programming 
1.20 	services having the following purposes:
1.21 	(1) the teaching of good work habits and the development of motivation through work
1.22 	education and training needed for postincarceration self-sufficiency;
1.23 	(2) the development of cultural pride to improve strengthened American Indian self-image
1.24 	identity;
2.1 	(3) the development of an understanding of and an adjustment to the cultural differences 
2.2 	between American Indians and other ethnic groups;
2.3 	(3) improved understanding of American Indian culture, traditions, and spiritual practices 
2.4 	for Department of Corrections staff;
2.5 	(4) the development of attitudes of mutual trust, respect, and understanding among 
2.6 	American Indian family members partnerships with Tribal Nations to address the unique 
2.7 	needs of American Indian incarcerated individuals and promote approaches to rehabilitation 
2.8 	specific to this population;
2.9 	(5) the fostering of increased availability of medicine men and American Indian spiritual 
2.10 	leaders to teach American Indian inmates incarcerated individuals about American Indian 
2.11 	history, and cultural sensitivity, and religion and spiritual practices;
2.12 	(6) the involvement of American Indian inmates incarcerated individuals in those aspects 
2.13 	of the correctional system that will aid in their rehabilitation; and
2.14 	(7) the provision of services to American Indian inmates incarcerated individuals that 
2.15 	will facilitate their reentry into the community.

2.16 	Sec. 2. Minnesota Statutes 2024, section 326.338, subdivision 4, is amended to read:
2.17 		Subd. 4.Protective agent. A person who for a fee, reward, or other valuable consideration 
2.18 	undertakes any of the following acts is considered to be engaged in the business of protective 
2.19 	agent:
2.20 	(1) providing guards, private patrol, or other security personnel to protect persons or 
2.21 	their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or 
2.22 	to prevent the misappropriation or concealment of goods, merchandise, money, or other 
2.23 	valuable things, or to procure the return of those things;
2.24 	(2) physically responding to any alarm signal device, burglar alarm, television camera, 
2.25 	still camera, or a mechanical or electronic device installed or used to prevent or detect 
2.26 	burglary, theft, shoplifting, pilferage, losses, or other security measures;
2.27 	(3) providing armored car services for the protection of persons or property;
2.28 	(4) controlling motor traffic on public streets, roads, and highways for the purpose of 
2.29 	escorting a funeral procession and oversized loads;
2.30 	(5) providing management and control of crowds for the purpose of safety and protection; 
2.31 	or
3.1 	(6) providing guards or other security personnel to transport prisoners or any other person 
3.2 	arrested on a warrant, except that this does not apply to the transport or escort of offenders 
3.3 	by staff of the Department of Corrections; the transport of a person by the sheriff of a county 
3.4 	to the appropriate adult or juvenile correctional facility as designated by the commissioner 
3.5 	of corrections or to and from court in connection with postconviction, habeas corpus, or 
3.6 	intrastate mandatory disposition of detainers proceedings; the transfer of a person by 
3.7 	emergency medical services personnel; or the transfer of a person by a peace officer as 
3.8 	defined in section 626.84, subdivision 1, paragraph (c), or employed by a federal law 
3.9 	enforcement agency.
3.10 	A person covered by this subdivision may perform the traffic-control duties in clause 
3.11 	(4) in place of a police officer when a special permit is required, provided that the protective 
3.12 	agent is first-aid qualified.

3.13 	Sec. 3. Minnesota Statutes 2024, section 401.10, subdivision 4, is amended to read:
3.14 		Subd. 4.Report. (a) By January 15, 2025, and every odd year thereafter, the 
3.15 	commissioner must submit a report to the chairs and ranking minority members of the 
3.16 	legislative committees and divisions with jurisdiction over public safety finance and policy. 
3.17 	At a minimum, the report must summarize and contain the following data:
3.18 	(1) the commissioner's most recent workload study under section 401.17, subdivision 
3.19 	4; and
3.20 	(2) the commissioner's collected caseload data under section 244.21, subdivision 1; and
3.21 	(3) (2) projected growth in the community supervision formula calculated by analyzing 
3.22 	caseload supervision population trends and data.
3.23 	(b) The report may be made in conjunction with reporting under section 244.21.

3.24 	Sec. 4. Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read:
3.25 		Subdivision 1.Establishment; members. (a) The commissioner must establish a 
3.26 	Community Supervision Advisory Committee to develop and make recommendations to 
3.27 	the commissioner on standards for probation, supervised release, and community supervision. 
3.28 	The committee consists of 19 members as follows:
3.29 	(1) two directors appointed by the Minnesota Association of Community Corrections 
3.30 	Act Counties;
4.1 	(2) two probation directors appointed by the Minnesota Association of County Probation 
4.2 	Officers;
4.3 	(3) three county commissioner representatives appointed by the Association of Minnesota 
4.4 	Counties;
4.5 	(4) two behavioral health, treatment, or programming providers who work directly with 
4.6 	individuals on correctional supervision, one appointed by the Department of Human Services 
4.7 	and one appointed by the Minnesota Association of County Social Service Administrators;
4.8 	(5) two representatives appointed by the Minnesota Indian Affairs Council;
4.9 	(6) two commissioner-appointed representatives from the Department of Corrections;
4.10 	(7) the chair of the statewide Evidence-Based Practice Advisory Committee;
4.11 	(8) three individuals who have been supervised, either individually or collectively, under 
4.12 	each of the state's three community supervision delivery systems with varied experiences 
4.13 	in community supervision, reflecting the diversity of the state's supervision frameworks as 
4.14 	well as demographic and geographic diversity appointed by the commissioner in consultation 
4.15 	with the Minnesota Association of County Probation Officers and the Minnesota Association 
4.16 	of Community Corrections Act Counties;
4.17 	(9) an advocate for victims of crime appointed by the commissioner; and
4.18 	(10) a representative from a community-based research and or advocacy entity appointed 
4.19 	by the commissioner.;
4.20 	(11) two judicial representatives, one from the seven-county metropolitan area and one 
4.21 	from greater Minnesota, appointed by the Minnesota Judicial Council;
4.22 	(12) one prosecutor appointed by the Minnesota County Attorneys Association; and
4.23 	(13) one defense attorney appointed by the Minnesota State Public Defender.
4.24 	(b) When an appointing authority selects an individual for membership on the committee, 
4.25 	the authority must make reasonable efforts to reflect geographic diversity and to appoint 
4.26 	qualified members of protected groups, as defined under section 43A.02, subdivision 33.
4.27 	(c) Chapter 15 applies to the extent consistent with this section.
4.28 	(d) The commissioner must convene the first meeting of the committee on or before 
4.29 	October 1, 2023.

5.1 	Sec. 5. Minnesota Statutes 2024, section 401.17, subdivision 5, is amended to read:
5.2 		Subd. 5.Data collection; report. (a) By June 1, 2024, the advisory committee, in 
5.3 	consultation with the Minnesota Counties Computer Cooperative, must create a method to 
5.4 	(1) standardize data classifications across the three community supervision systems, and 
5.5 	(2) collect data for the commissioner to publish in an annual report to the chairs and ranking 
5.6 	minority members of the legislative committees and divisions with jurisdiction over public 
5.7 	safety finance and policy.
5.8 	(b) The advisory committee's method, at a minimum, must provide for collecting the 
5.9 	following data:
5.10 	(1) the number of individuals sentenced to supervision each year;
5.11 	(2) the offense levels, offense types, and assessed risk levels for which individuals are 
5.12 	sentenced to supervision;
5.13 	(3) violation and revocation rates and the identified grounds for the violations and 
5.14 	revocations, including final disposition of the violation action such as execution of the 
5.15 	sentence, imposition of new conditions, or a custodial sanction;
5.16 	(4) the number of individuals granted early discharge from probation;
5.17 	(5) the number of individuals restructured on supervision, including imposition of new 
5.18 	conditions of release; and
5.19 	(6) the number of individuals revoked from supervision and the identified grounds for 
5.20 	revocation.
5.21 	(c) Beginning January 15 May 1, 2025, as part of the report under section 241.21 244.21, 
5.22 	subdivision 2, the commissioner must include data collected under the committee method 
5.23 	established under this subdivision. The commissioner must analyze the collected data by 
5.24 	race, gender, and county, including Tribal Nations.
5.25 	(d) Nothing in this section overrides the commissioner's authority to require additional 
5.26 	data be provided under other law.

5.27 	Sec. 6. REPEALER.
 5.28 	Minnesota Statutes 2024, sections 253.21; and 253.23, are repealed.

APPENDIX 

Repealed Minnesota Statutes: H1659-1 

253.21 COMMITMENT OF PRISONERS; PROCEEDINGS; RESTORATION OF MENTAL HEALTH.Subdivision 1.Initiation of commitment proceedings involving prisoners. 
When any person confined in the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud is alleged to be mentally ill, the chief executive officer or other person in charge of the correctional facility shall notify the executive board, which shall cause the prisoner to be examined by the court exercising probate jurisdiction of the county where the prisoner is confined, as in the case of other persons who are mentally ill. 

Subd. 2.Transfer of committed prisoners. 
 In case the prisoner is found to be mentally ill, the prisoner must be transferred by the order of the court to the Minnesota Security Hospital or to a state hospital for people who are mentally ill in the discretion of the court, there to be kept and maintained as in the case of other persons who are mentally ill. 

Subd. 3.Return of prisoners following restoration of mental health. 
 If, in the judgment of the chief executive officer of the correctional facility the prisoner came from, the prisoner's mental health is restored before the period of commitment to the correctional facility has expired, upon the certificate of the chief executive officer, the executive board shall remove the prisoner from the secure treatment facility and transfer the prisoner to the correctional institution the prisoner came from to complete the sentence. 

253.23 PRISONER TRANSFER PROCEEDINGS.
When any prisoner is transferred to the Minnesota Security Hospital, the original warrant of commitment to the correctional facility must be sent with the prisoner and returned to the correctional facility upon return or discharge of the prisoner. A certified copy of the warrant of commitment to the correctional facility must be preserved at the correctional facility.