SF 207

Introduction - 94th Legislature (2025 - 2026)

Posted on 01/29/2025 04:12 p.m.

A bill for an act
relating to public safety; limiting segregated housing in Minnesota jails and prisons;
prohibiting solitary confinement; requiring rulemaking; requiring reports; amending
Minnesota Statutes 2024, section 243.521.

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

Section 1.

Minnesota Statutes 2024, section 243.521, is amended to read:

243.521 ADMINISTRATIVE AND DISCIPLINARY SEGREGATION.

Subdivision 1.

Authorization.

In any deleted text begin adult deleted text end new text begin state or local new text end correctional facility deleted text begin under the
control of the commissioner of corrections deleted text end new text begin for adults new text end , the commissioner new text begin or head of the
facility new text end 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 deleted text begin , property, self, deleted text end new text begin or physical safety
of new text end staff deleted text begin , deleted text end or other inmates deleted text begin or to the security or orderly running of the institution deleted text end . Inmates
pending investigation for trial on a criminal act or pending transfer may be included, provided
the deleted text begin warden's deleted text end new text begin facility head's new text end written approval is sought and granted within seven business
days of placing the inmate in restrictive housing under this provision. The deleted text begin warden deleted text end new text begin head new text end of
each facility must document any time approval is granted and the reason for it, and submit
a quarterly report to the commissioner deleted text begin of corrections deleted text end .

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

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

new text begin (b) "Administrative segregation" means a restrictive housing unit separate from general
population with limited privileges for the inmate. The term applies to inmates who are
segregated from general population for nonpunitive health or safety reasons.
new text end

new text begin (c) "Commissioner" means the commissioner of corrections.
new text end

new text begin (d) "Contraband" means any item possessed by an inmate that is prohibited by statute
or facility policy. Contraband includes items that are authorized but in excess of allowable
limits.
new text end

new text begin (e) "Department" means the Department of Corrections.
new text end

new text begin (f) "Disciplinary segregation" means a restrictive housing unit separate from general
population with limited privileges.
new text end

new text begin (g) "General population" refers to inmates who are held in the facility and are not subject
to any form of segregation.
new text end

new text begin (h) "In-house segregation" occurs when an inmate is assigned to segregation status and
the inmate's movement and privileges are limited, but the inmate is not moved from their
general population housing.
new text end

new text begin (i) "Major discipline" includes infractions that relate to the safety of inmates, staff, or
the public. Major discipline may lead to segregation.
new text end

new text begin (j) "Minor discipline" includes infractions that do not relate to the safety of inmates,
staff, or the public. Minor discipline may not lead to segregation.
new text end

new text begin (k) "Property request slip" means a printed form issued by the facility that offenders use
to request their personal property while in segregation.
new text end

new text begin (l) "Protective custody" means inmates who are isolated from the general population for
their safety because of a certain personal quality of the inmate.
new text end

new text begin (m) "Serious threat to safety" occurs when there has been a finding of imminent danger
of an injury or threat to life.
new text end

new text begin (n) "Solitary confinement" means confinement in a cell that deprives the inmate of
meaningful visual or auditory contact with other people for periods of more than 20 hours
in a day or 45 hours in any three-day period. Solitary confinement includes confinement in
a cell with soundproof doors that deprive inmates of meaningful auditory and visual contact
with other people. Meaningful visual contact includes the ability to see a person's face and
interpret facial expressions. Meaningful auditory contact includes the ability to hold a
conversation or dialogue for five minutes or more.
new text end

new text begin (o) "Temporary segregation" means a status assigned to an inmate alleged to have
committed a rule violation, who demonstrates behavior that is a risk to safety, and requires
removal pending formal disciplinary review or who is pending an investigation for placement
in administrative segregation. Temporary segregation shall not last for more than seven
business days unless the commissioner approves the placement. For every seven days past
the first seven, the commissioner must approve the placement. The maximum total time in
temporary segregation must not exceed 21 days.
new text end

new text begin (p) "Unassigned idle or temporary idle" includes inmates who are confined to their cells
for more than ten hours a day because they have recently been terminated from assignment,
because they have recently been released from segregation, or because they refuse to work
or participate in a program.
new text end

new text begin (q) "Vulnerable populations" means an inmate who: is 18 years of age or younger,
pregnant, postpartum, diagnosed with a serious mental illness or developmental disability,
or diagnosed with a traumatic brain injury; suffers from a serious physical impairment;
requires specialized medical treatment; or has any other condition such that prolonged
periods of segregation would be a threat to their health and mental well-being. The
commissioner shall adopt rules and regulations used to identify vulnerable populations and
provide guidance to facilities on how to identify such individuals.
new text end

new text begin Subd. 1b. new text end

new text begin Scope. new text end

new text begin This section applies to both state and local adult correctional facilities.
new text end

Subd. 2.

Conditions in segregated housing.

deleted text begin The restrictive deleted text end new text begin (a) All segregated new text end housing
deleted text begin unit deleted text end new text begin units new text end shall provide living conditions that are approximate to those offenders in general
population, including deleted text begin reduced lighting during nighttime hours. deleted text end new text begin :
new text end

new text begin (1) reduced lighting during nighttime hours;
new text end

new text begin (2) no unnecessarily loud noises to purposely disrupt an inmate;
new text end

new text begin (3) adequate and operating lighting, heating and cooling, and ventilation for the comfort
of the inmate;
new text end

new text begin (4) seating separate from a bed;
new text end

new text begin (5) rooms that are clean and resistant to suicide and self-harm;
new text end

new text begin (6) access to fresh drinking water at all times; and
new text end

new text begin (7) adequate food.
new text end

new text begin (b) An inmate placed in a segregated housing unit shall be screened by a medical
professional who does not work at the facility where the placement occurs within the first
48 hours of placement, and then every seven days following placement. If the inmate is
losing weight or requests to be given more food, the inmate's amount of food shall be
increased as recommended by the medical professional.
new text end

new text begin (c) All inmates shall be given the following personal effects in segregation within the
first two hours of placement:
new text end

new text begin (1) personal clothing, including but not limited to sufficient underwear, socks, long
sleeve shirts, and thermal clothing;
new text end

new text begin (2) personal hygiene items, including but not limited to shampoo, deodorant, toothpaste,
toothbrush, floss, hairbrush or comb, shower shoes, lotion, lip moisturizer such as petroleum
jelly, and menstrual products; and
new text end

new text begin (3) medications or other medical necessity items.
new text end

new text begin If an inmate does not have these personal items, the facility shall provide the items to the
inmate within two hours of being placed in segregation. These items shall be properly
cleaned before being distributed to inmates. The facility may provide a facility toothbrush,
floss, hairbrush, or comb to inmates as required for safety.
new text end

new text begin (d) All inmates shall be given the following personal effects in segregation within the
first 24 hours of placement:
new text end

new text begin (1) a reflective mirror, a calendar, and a clock to help the inmate know how much time
has passed and to prevent distortion;
new text end

new text begin (2) writing materials, including envelopes, a minimum of ten pieces of paper per week,
and a pencil; and
new text end

new text begin (3) reading materials.
new text end

new text begin If an inmate does not have these personal items, the facility shall provide them to the inmate
within 24 hours of being placed in segregation. All inmates may be granted access to other
personal items as part of the facility's reintegration and incentive programs.
new text end

new text begin (e) Inmates shall have access to the canteen within the first 72 hours of being placed in
segregation.
new text end

new text begin (f) Inmates shall be provided sufficient time for a shower, to communicate with their
friends and family outside the facility, and to recreate outside of their cell. This time shall
be separate from any programming implemented under subdivision 6. All inmates may be
granted further time outside of their cells as part of the facility's incentive and reintegration
programs.
new text end

new text begin (g) Access to legal representation for an inmate in segregation may not be restricted,
including allowances for professional visitation or phone calls with legal counsel.
new text end

new text begin (h) Disciplinary restrictions in segregation on access to personal belongings, resources,
and programming shall only be imposed after an inmate has abused a privilege as authorized
by written directives, guidance documents, and operational manuals. The abuse of the
privilege and disciplinary restriction must be documented. After one week, the personal
belonging or resource shall be reinstated. If the personal belonging or resource is not
reinstated, the officer choosing not to reinstate must provide a written report to the facility
head on why the privilege is not being reinstated. The department or, for local correctional
facilities, the facility head shall report annually to the chairs and ranking minority members
of the health finance and policy committee in the house of representatives and the health
and human services finance and policy committee in the senate, or any successor committees,
on the privileges taken away from inmates in segregation for abuses of such privilege or
facility and only as authorized by written directives, guidance documents, and operational
manuals.
new text end

new text begin (i) An inmate held in segregation must not be denied access or have access restricted to
food, water, mental health services, personal hygiene products, and medical care including
emergency medical care.
new text end

new text begin (j) The facility staff shall reply to requests made by inmates and accommodate inmates
in a timely manner, not to exceed 24 hours.
new text end

new text begin (k) Inmates shall have access to a formal grievance procedure at any point while in
segregation. The commissioner shall adopt rules to establish formal grievance procedures
for inmates in state and local correctional facilities to access while in any type of segregation,
including wellness housing.
new text end

new text begin (l) Rooms shall be at minimum eight feet by six feet.
new text end

new text begin (m) For medically required administrative segregation, the requirements in this
subdivision may be suspended to the extent that the requirement contradicts applicable
health standards.
new text end

Subd. 3.

Review of disciplinary segregation status.

new text begin (a) new text end The commissioner deleted text begin of corrections deleted text end
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 deleted text begin of corrections deleted text end .

new text begin (b) An inmate shall have meaningful opportunity to request review of their placement
into segregation. The commissioner shall, in collaboration with the commissioner of health,
adopt rules applicable to both state and local adult correctional facilities to create a policy
through which inmates may request review of their status in segregation at any point based
on concerns over their health or well-being. This policy must include review of the inmate's
segregation by the Department of Health or a third party who is not under the authority of
the Department of Corrections.
new text end

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 new text begin
under subdivision 12 new text end .

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, deleted text begin a deleted text end new text begin an independent new text end 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.

new text begin (c) When a facility places an inmate into segregation for medical or mental health reasons,
the facility must keep records that reflect the purported medical or mental health purpose
of the segregation, how long the placement is for, and whether the inmate needs additional
medical attention. A quarterly report of such placements must be made to the commissioner.
new text end

new text begin (d) The department shall collaborate with the Department of Health to develop and
implement policies for whether and how segregation is used for mental health or medical
purposes. These policies apply to both state and local correctional facilities.
new text end

Subd. 6.

Mental health care within segregated housing.

new text begin (a) new text end A health services staff
member shall perform a daily wellness round in the restrictive housing setting. If a health
services staff member indicates new text begin that an inmate is exhibiting new text end symptoms of a mental illness,
a qualified mental health professional shall be consulted regarding appropriate treatment
and placement. new text begin If an inmate attempts suicide while placed in segregated housing, the facility
must report the incident immediately to the commissioner, and an independent medical
professional must be consulted as to whether the inmate should be placed in alternative
housing placement.
new text end

new text begin (b) The department shall collaborate with the Department of Health to develop and
implement policies for addressing mental illness issues that arise while an inmate is in
segregation. These policies apply both to state and local correctional facilities.
new text end

Subd. 7.

Incentives for return to the general population.

new text begin (a) new text end 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. new text begin
As part of this system, all work assignments must be held open for inmates who are placed
in disciplinary or administrative segregation for 20 days or less, except where the disciplinary
segregation resulted from a violation at the worksite and the inmate's supervisor determined
the inmate is not fit to work at that site. The assignment committee or coordinator has
discretion to hold the job open for longer than 20 days, but not less. If the inmate is in
segregation for longer than 20 days and their job is not held for them, the inmate is eligible
to apply for another job at any point during the last 15 days of their segregation sentence
in anticipation of their release from segregation.
new text end

new text begin (b) There shall be no unassigned idle or temporary idle period following segregation.
Inmates shall immediately reenter general population. Inmates shall have the option to return
to work on the first workday following the completion of their segregation sentence, either
returning to the job they held prior to segregation or beginning a new job.
new text end

new text begin (c) An inmate shall not be barred from any education programs for having been in
segregation for any period of time and for any requisite period after being released from
segregation.
new text end

new text begin (d) As part of its administration of job programming, the department and, for local
correctional facilities, the facility head shall prioritize making jobs available to inmates
coming out of segregation.
new text end

Subd. 8.

Discharge from segregated housing.

new text begin (a) new text end 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 deleted text begin of
corrections or deleted text end new text begin , new text end deputy commissioner new text begin , or facility head new text end shall directly authorize the inmate's
release into the community from restrictive housing.

new text begin (b) The facility shall not place in administrative or disciplinary segregation an inmate
who is within six months of their mandatory release date, parole release date, or statutory
release date unless the facility head or their designee certifies in writing, based on a
preponderance of the evidence, that the presence of the inmate in general population would
pose a grave risk of harm to others or to the security of the institution and all other less
restrictive options have been exhausted.
new text end

new text begin (c) The facility shall report annually to the chairs and ranking minority members of the
health finance and policy committee in the house of representatives and the health and
human services finance and policy committee in the senate, or any successor committee,
on any inmates placed in segregation within six months of their mandatory release date,
parole release date, or statutory release date. This report shall include the number of inmates
placed in segregation within six months prior to their release date, the reason for their
placement in segregation, and any attempts to use less restrictive options.
new text end

Subd. 9.

Reporting.

(a) By January 15, 2020, and by January 15 each year thereafter,
the commissioner deleted text begin of corrections deleted text end new text begin and, for local correctional facilities, the facility head new text end shall
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions 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; deleted text begin and
deleted text end

(6) the number of inmates by race in restrictive housing deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) any inmates placed in segregation within six months of their mandatory release date,
parole release date, or statutory release date; and
new text end

new text begin (8) privileges taken away from inmates in segregation for abuses of such privilege or
facility and only as authorized by written directives, guidance documents, and operational
manuals.
new text end

(b) The department deleted text begin of Corrections deleted text end new text begin and, for local correctional facilities, the facility head new text end
shall submit a qualitative report detailing outcomes, measures, and challenges to
implementation of a step-down management program by deleted text begin April 1, 2020 deleted text end new text begin ..... new text end .

new text begin Subd. 10. new text end

new text begin Permitted use of administrative segregation. new text end

new text begin (a) The commissioner shall
adopt rules applicable to both state and local correctional facilities enumerating the
circumstances under which administrative segregation is permitted, limited to the following:
new text end

new text begin (1) the inmate must be a serious threat to the physical safety of staff or other inmates or
a serious escape risk; or
new text end

new text begin (2) the inmate refuses required medical screening, testing, or treatment for a
communicable disease and requires medical quarantine pursuant to applicable health
standards.
new text end

new text begin (b) The facility shall place inmates in in-house segregation where possible before placing
an inmate in administrative segregation.
new text end

new text begin (c) Classification to administrative segregation for any of these reasons must meet the
standards under subdivisions 5 and 6.
new text end

new text begin (d) An inmate's time placed in administrative segregation must be determined
proportionately to the reason for placement in administrative segregation. The commissioner
shall enumerate, by rule applicable to both state and local correctional facilities, the maximum
number of days an inmate may be placed in administrative segregation based on the reason
for placement and in accordance with best medical and public health guidance.
new text end

new text begin Subd. 11. new text end

new text begin Permitted use of disciplinary segregation. new text end

new text begin (a) The commissioner shall adopt
rules applicable to both state and local correctional facilities to identify which infractions
may lead to disciplinary segregation limited to the following major discipline infractions:
new text end

new text begin (1) infractions that are a serious threat to the physical safety of staff or other inmates;
new text end

new text begin (2) infractions relating to serious escape risk; or
new text end

new text begin (3) infractions relating to smuggling, selling, or making alcohol or drugs.
new text end

new text begin (b) Suspected intoxicated or inebriated individuals without evidence of smuggling may
be placed in segregation for no more than 48 hours pursuant to the conditions in subdivision
2.
new text end

new text begin (c) No inmate shall be placed in disciplinary segregation for violation of a minor discipline
infraction.
new text end

new text begin (d) Inmates shall be placed in in-house segregation where possible before placing an
inmate in disciplinary segregation.
new text end

new text begin (e) Classification to disciplinary segregation for any of these reasons must meet the
standards under subdivisions 5 and 6.
new text end

new text begin (f) The commissioner shall adopt rules applicable to both state and local correctional
facilities enumerating the maximum number of days an inmate may be placed in disciplinary
segregation, per infraction type. Each and every inmate shall be given notice and meaningful
opportunity to comment on these rules and any subsequent amendments to these rules before
final application.
new text end

new text begin (g) Any placement over 90 days in disciplinary segregation must be approved by the
commissioner or, for local correctional facilities, the facility head.
new text end

new text begin Subd. 12. new text end

new text begin Notice and hearing process. new text end

new text begin The commissioner shall set forth a notice and
hearing process for administrative and disciplinary segregation in line with the following
as provided in this subdivision:
new text end

new text begin (1) for a notice in disciplinary segregation:
new text end

new text begin (i) an inmate who allegedly violates a nonviolent department or facility policy or rule
for the first time shall receive a written warning. The written warning shall include the
policy in question and the inmate's behavior that allegedly violated that policy. The inmate
shall not be placed in segregation for their first violation of the nonviolent policy. Nonviolent
policies include any policy that does not involve an act of physical violence;
new text end

new text begin (ii) an inmate who allegedly violates a nonviolent department or facility policy more
than once or violates a department or facility policy involving an act of physical violence
on the part of the inmate shall be informed, in writing, of the allegedly violated policy before
the inmate is removed from the general population; and
new text end

new text begin (iii) apprehension of an inmate falling under this subdivision with the purpose of
relocating the inmate into segregation shall be conducted by a maximum of three detention
facility staff. The staff may not handcuff or physically restrain the inmate except in extreme
circumstances where the inmate uses physical violence to actively resist relocation to
segregation;
new text end

new text begin (2) for a hearing in disciplinary segregation:
new text end

new text begin (i) an inmate placed in disciplinary segregation is entitled to a hearing where they can
present evidence showing they did not violate the department or facility policy as alleged.
An inmate must be given the opportunity to be fully heard;
new text end

new text begin (ii) the hearing officer must be a different person than the officer who filed the inmate's
original violation; and
new text end

new text begin (iii) the department or facility must establish and adhere to ranges of segregation durations
based on the severity of the violation. Violations of nonviolent policies may not result in
segregation stays longer than five days;
new text end

new text begin (3) for a notice in administrative segregation:
new text end

new text begin (i) an inmate must receive written notice of administrative segregation. An inmate may
not be placed in administrative segregation until after written notice with cause in accordance
with subdivision 10; and
new text end

new text begin (ii) transfer of an inmate to administrative segregation shall be conducted by a maximum
of three detention facility staff. The staff may not handcuff or physically restrain the inmate
except in extreme circumstances where the inmate uses physical violence to actively resist
relocation to segregation; and
new text end

new text begin (4) for an appeal of administrative segregation, an inmate is entitled to appeal their
placement in administrative segregation. This appeal must result in a hearing in accordance
with this subdivision.
new text end

new text begin Subd. 13. new text end

new text begin Vulnerable populations. new text end

new text begin On and after ....., no inmate who is a member of a
vulnerable population shall be placed in segregated housing for longer than 48 hours without
approval from the commissioner and after consultation with an independent medical
professional.
new text end

new text begin Subd. 14. new text end

new text begin Solitary confinement. new text end

new text begin No person shall be placed in solitary confinement.
new text end

new text begin Subd. 15. new text end

new text begin Temporary segregation. new text end

new text begin Temporary segregation shall not last for more than
five business days. Time in temporary segregation must count toward the time imposed by
the formal disciplinary review or administrative segregation investigation.
new text end

new text begin Subd. 16. new text end

new text begin Segregation policy creation and amendments. new text end

new text begin (a) Before January 1, 2026,
existing department segregation policies must be updated to implement the requirements
of this section. Beginning January 1, 2026, rules promulgated by the commissioner relating
to segregation, including but not limited to conditions in segregated housing, notice and
hearing process, graduated intervention, mental health housing, permitted uses of segregation,
and considerations of vulnerable populations, are not an exception to the Administrative
Procedure Act under section 14.03, subdivision 3, paragraph (b), clause (1). Segregation
policies in place on December 31, 2025, may be enforced until rules adopted under chapter
14 supersede them.
new text end

new text begin (b) The commissioner shall create a notice process for inmates to be aware of any changes
to segregation policies, including but not limited to what infractions may lead to segregation
and inmates' rights in segregation. Inmates shall have meaningful opportunity to write a
comment to these rules. These comments shall be reviewed by the commissioner before
final promulgation of each rule.
new text end

new text begin (c) The department shall report annually to the chairs and ranking minority members of
the health finance and policy committee in the house of representatives and the health and
human services finance and policy committee in the senate, or any successor committees,
on the comments made under paragraph (b).
new text end