Minnesota Legislature
HF 1148
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/17/2005 |
Current Version - as introduced
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A bill for an act
relating to human services; providing for discharge
plans for offenders with serious and persistent mental
illness who are released from county jails or county
regional jails; appropriating money; amending
Minnesota Statutes 2004, section 244.054; proposing
coding for new law in Minnesota Statutes, chapter 641.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 244.054, is
amended to read:
244.054 DISCHARGE PLANS; new text begin PHOTO IDENTIFICATION;new text end OFFENDERS
WITH SERIOUS AND PERSISTENT MENTAL ILLNESS.
Subdivision 1.
Offer to develop plan.
The commissioner
of human services, in collaboration with the commissioner of
corrections, shall offer to develop a discharge plan for
community-based services for every offender with serious and
persistent mental illness, as defined in section 245.462,
subdivision 20, paragraph (c), who new text begin (1) new text end is being released from a
correctional facilitynew text begin , or (2) has been incarcerated for more
than three months and is being released from a county jail under
section 641.01 or a county regional jail under section 641.261new text end .
If an offender is being released pursuant to section 244.05, new text begin the
commissioner may offer new text end the offender deleted text begin may choose deleted text end new text begin the option new text end to
have the discharge plan made one of the conditions of the
offender's supervised release and shall follow the conditions to
the extent that services are available and offered to the
offender.
Subd. 2.
Content of plan.
If an offender chooses to have
a discharge plan developed, the commissioner of human services
shall develop and implement a discharge plan, which must include
at least the following:
(1) at least 90 days before the offender is due to be
discharged, the commissioner of human services shall designate
an agent of the Department of Human Services with mental health
training to serve as the primary person responsible for carrying
out discharge planning activities;
(2) at least 75 days before the offender is due to be
discharged, the offender's designated agent shall:
(i) obtain informed consent and releases of information
from the offender that are needed for transition services;
(ii) contact the county human services department in the
community where the offender expects to reside following
discharge, and inform the department of the offender's impending
discharge and the planned date of the offender's return to the
community; determine whether the county or a designated
contracted provider will provide case management services to the
offender; refer the offender to the case management services
provider; and confirm that the case management services provider
will have opened the offender's case prior to the offender's
discharge; and
(iii) refer the offender to appropriate staff in the county
human services department in the community where the offender
expects to reside following discharge, for enrollment of the
offendernew text begin ,new text end if eligiblenew text begin ,new text end in medical assistance or general
assistance medical care, using special procedures established by
process and Department of Human Services bulletin;
(3) at least deleted text begin 2-1/2 months deleted text end new text begin 75 days new text end before discharge, the
offender's designated agent shall secure timely appointments for
the offender with a psychiatrist no later than 30 days following
discharge, and with other program staff at a community mental
health provider that is able to serve former offenders with
serious and persistent mental illness;
(4) at least 30 days before discharge, the offender's
designated agent shall convene a predischarge assessment and
planning meeting of key staff from the programs in which the
offender has participated while in the correctional facilitynew text begin ,
county jail, or county regional jailnew text end , the offender, the
supervising agent, and the mental health case management
services provider assigned to the offender. At the meeting,
attendees shall provide background information and continuing
care recommendations for the offender, including information on
the offender's risk for relapse; current medications, including
dosage and frequency; therapy and behavioral goals; diagnostic
and assessment information, including results of a chemical
dependency evaluation; confirmation of appointments with a
psychiatrist and other program staff in the community; a relapse
prevention plan; continuing care needs; needs for housing,
employment, and finance support and assistance; and
recommendations for successful community integration, including
chemical dependency treatment or support if chemical dependency
is a risk factor. Immediately following this meeting, the
offender's designated agent shall summarize this background
information and continuing care recommendations in a written
report;
(5) immediately following the predischarge assessment and
planning meeting, the provider of mental health case management
services who will serve the offender following discharge shall
offer to make arrangements and referrals for housing, financial
support, benefits assistance, employment counseling, and other
services required in sections 245.461 to 245.486;
(6) at least ten days before the offender's first scheduled
postdischarge appointment with a mental health provider, the
offender's designated agent shall transfer the following records
to the offender's case management services provider and
psychiatrist: the predischarge assessment and planning report,
medical records, and pharmacy records. These records may be
transferred only if the offender provides informed consent for
their release;
(7) upon discharge, the offender's designated agent shall
ensure that the offender leaves the correctional facilitynew text begin ,
county jail, or county regional jail new text end with at least a ten-day
supply of all necessary medications; and
(8) upon discharge, the prescribing authority at the
offender's correctional facilitynew text begin , county jail, or county
regional jail new text end shall telephone in prescriptions for all necessary
medications to a pharmacy in the community where the offender
plans to reside. The prescriptions must provide at least a
30-day supply of all necessary medications, and must be able to
be refilled once for one additional 30-day supply.
new text begin Subd. 3.new text end
new text begin Photo identification.new text end
new text begin State correctional
facilities, county jails, and county regional jails shall
arrange for offenders with serious and persistent mental illness
to have photo identification when they are released from
incarceration. Correctional facilities, county jails, and
county regional jails will ensure that offenders who lack photo
identification are issued a photo identification card before or
immediately upon release. The photo identification card must
not disclose the offender's incarceration or criminal record.
The photo identification card must list an address other than
the address of a correctional facility, county jail, or county
regional jail.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2006.
new text end
Sec. 2.
new text begin
[641.155] DISCHARGE PLANS; OFFENDERS WITH SERIOUS
AND PERSISTENT MENTAL ILLNESS.
new text end
new text begin
Pursuant to section 244.054, the commissioner of human
services, in collaboration with the commissioner of corrections,
shall offer to develop a discharge plan for community-based
services for every offender with serious and persistent mental
illness, as defined in section 245.462, subdivision 20,
paragraph (c), who has been incarcerated for more than three
months and is being released from a county jail or a county
regional jail under this chapter.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2006.
new text end
Sec. 3. new text begin APPROPRIATION.
new text end
new text begin
$....... is appropriated to the commissioner of human
services for fiscal year 2006 for the purpose of providing
discharge plans under Minnesota Statutes, section 244.054, to
offenders with serious and persistent mental illness who are
released from county jails or county regional jails. This
appropriation is in addition to any other appropriations to
provide discharge plans under Minnesota Statutes, section
244.054.
new text end