HF 3769
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/25/2026 12:30 p.m.
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A bill for an act
relating to corrections; clarifying in law the multiple levels of substance abuse
care provided by the commissioner of corrections; expanding access to mental
health unit beds for incarcerated persons; clarifying mandatory tuberculosis
screening in correctional facilities; amending Minnesota Statutes 2024, sections
144.445, subdivisions 1, 2, by adding a subdivision; 241.021, subdivision 4a;
241.69, subdivisions 1, 3, 4, 5, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 144.445, subdivision 1, is amended to read:
Subdivision 1.
Screening of inmates.
deleted text begin (a)deleted text end All persons detained or confined deleted text begin for 14
consecutive days or moredeleted text end in facilities operated, licensed, or inspected by the Department
of Corrections shall be screened for tuberculosisnew text begin within 14 days of intake and annually
tested thereafter. Inmates must be screenednew text end with either a Mantoux testnew text begin , a Quantiferon
Gold-Plus blood test,new text end or a chest roentgenogram (x-ray) as consistent with screening and
follow-up practices recommended by the United States Public Health Service or the
Department of Health, as determined by the commissioner of health. deleted text begin Administration of the
Mantoux test or chest roentgenogram (x-ray) must take place on or before the 14th day of
detention or confinement.
deleted text end
deleted text begin
(b) If an inmate refuses to submit to an annual test as specified in paragraph (a), the
commissioner of corrections may order the inmate to be tested.
deleted text end
Sec. 2.
Minnesota Statutes 2024, section 144.445, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Procedures without consent. new text end
new text begin
(a) If an inmate refuses to submit to an intake
or annual tuberculosis test as specified in subdivision 1, the commissioner of corrections
may order the inmate to be tested and may bring a petition for a court to require an inmate
to submit to tuberculosis testing. The petition must be filed in the district court in the county
where the inmate is confined. The correctional facility must serve the petition on the inmate
three days before a hearing on the petition. The petition must include one or more affidavits
attesting that:
new text end
new text begin
(1) the correctional facility attempted to complete the intake or annual testing required
under subdivision 1 and that the inmate refused; and
new text end
new text begin
(2) the inmate was offered all three tuberculosis testing options under subdivision 1.
new text end
new text begin
(b) Facilities must cooperate with petitioners in providing any necessary affidavits to
the extent that facility staff can attest under oath to the facts in the affidavits.
new text end
new text begin
(c) The court must conduct the proceeding in camera unless the petitioner or the inmate
requests a hearing in open court and the court determines that a public hearing is necessary
to the public interest and the proper administration of justice.
new text end
new text begin
(d) The inmate may arrange for counsel in any proceeding brought under this subdivision.
new text end
new text begin
(e) The court may order the inmate to submit to tuberculosis testing, including providing
a blood sample for testing to comply with the requirements under subdivision 1, if:
new text end
new text begin
(1) there is probable cause; or
new text end
new text begin
(2) the court finds that an inmate has not been screened or tested under subdivision 1.
new text end
Sec. 3.
Minnesota Statutes 2024, section 144.445, subdivision 2, is amended to read:
Subd. 2.
Screening of employees.
All employees of facilities operated, licensed, or
inspected by the Department of Corrections shall be screened for tuberculosis before
new text begin beginning new text end employment in the facility and annually thereafter, with either a Mantoux testnew text begin ,
Quantiferon Gold-Plus blood test,new text end or a chest roentgenogram (X-ray) as consistent with
screening and follow-up practices recommended by the United States Public Health Service
or the Department of Health, as determined by the commissioner of health.
Sec. 4.
Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:
Subd. 4a.
Substance use disorder treatment programs.
All deleted text begin residentialdeleted text end substance use
disorder treatment programs operated by the commissioner of corrections to treat deleted text begin adultsdeleted text end new text begin
individualsnew text end committed to the commissioner's custody deleted text begin shalldeleted text end new text begin or to treat juveniles in
state-operated juvenile correctional facilities that have a correctional program services
certification per Minnesota Rules, chapter 2960, must new text end comply with the standards mandated
in chapter 245G for treatment programs operated by community-based treatment facilities.
When the commissioners of corrections and human services agree that these established
standards for community-based programs cannot reasonably apply to correctional facilities,
alternative equivalent standards shall be developed by the commissioners and established
through an interagency agreement.
Sec. 5.
Minnesota Statutes 2024, section 241.69, subdivision 1, is amended to read:
Subdivision 1.
Authority; rules.
The commissioner of corrections shall, in accordance
with applicable rules and standards prescribed by the Department of Human Services,
establish, staff, equip, maintain, and operate new text begin in new text end at new text begin least new text end one of the adult correctional
institutions under the commissioner's control a mental health unit for the care and treatment
of those inmates of state correctional institutions who become mentally ill.
Sec. 6.
Minnesota Statutes 2024, section 241.69, subdivision 3, is amended to read:
Subd. 3.
Transfer.
If the licensed mental health professional finds the person to be a
person who is mentally ill and in need of short-term care, new text begin assessment, evaluation, or
stabilization, new text end the licensed mental health professional may recommend transfer by the
commissioner of corrections to deleted text begin thedeleted text end new text begin anew text end mental health unit established pursuant to subdivision
1.
Sec. 7.
Minnesota Statutes 2024, section 241.69, subdivision 4, is amended to read:
Subd. 4.
Commitment.
If the licensed mental health professional finds the person to be
a person who is mentally ill and in need of long-term care in a hospital, deleted text begin or if an inmate
transferred pursuant to subdivision 3 refuses to voluntarily participate in the treatment
program at the mental health unit,deleted text end the director of psychological services of the institution
or the mental health professional shall initiate proceedings for judicial commitment as
provided in section 253B.07. Upon the recommendation of the licensed mental health
professional and upon completion of the hearing and consideration of the record, the court
may commit the person to deleted text begin thedeleted text end new text begin anew text end mental health unit established in subdivision 1 or to another
hospital. A person confined in a state correctional institution for adults who has been
adjudicated to be a person who is mentally ill and in need of treatment may be committed
to the commissioner of corrections and placed in deleted text begin thedeleted text end new text begin anew text end mental health unit established in
subdivision 1.
Sec. 8.
Minnesota Statutes 2024, section 241.69, subdivision 5, is amended to read:
Subd. 5.
Discharge.
The director of psychological services of deleted text begin thedeleted text end new text begin anew text end mental health unit
established under this section may, subject to the provisions of chapter 253B, provisionally
discharge any inmate patient admitted as a person who is mentally ill without discharging
the commitment and order the inmate patient's release into the general population of the
institution from which admitted, subject to return to the facility for further treatment.
When the director of psychological services of the facility certifies that a patient is no
longer in need of institutional care for mental illness the director of psychological services
shall discharge the patient to the institution from which committed, and the discharge shall
also discharge the mental illness commitment.
A copy of the certification that the inmate is no longer in need of care for mental illness
shall be transmitted to the commissioner of corrections. The commissioner of corrections
shall give serious consideration to the aforementioned certification for purposes of their
supervision over the inmate upon the inmate's release.
Sec. 9.
Minnesota Statutes 2024, section 241.69, subdivision 6, is amended to read:
Subd. 6.
Transfer upon expiration of sentence.
If the sentence of a person who has
been adjudicated to be mentally ill and committed to deleted text begin thedeleted text end new text begin anew text end mental health unit established
under this section should expire before the person recovers and is discharged therefrom,
and, in the judgment of the director of psychological services of the unit, the person requires
further hospitalization for mental illness, the person shall be transferred by the commissioner
of corrections to a state hospital designated by the Direct Care and Treatment executive
board, there to be detained as in the case of other mentally ill persons under judicial
commitment.