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HF 1267

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/06/2021 06:30pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to corrections; providing for safety in licensed facilities; amending
Minnesota Statutes 2020, sections 241.021, subdivision 1, by adding subdivisions;
243.52.

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

Section 1. new text beginTITLE.
new text end

new text begin This act shall be known as the "Hardel Sherrell Act."
new text end

Sec. 2.

Minnesota Statutes 2020, section 241.021, subdivision 1, is amended to read:


Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as provided
in paragraph (b), the commissioner of corrections shall inspect and license all correctional
facilities throughout the state, whether public or private, established and operated for the
detention and confinement of persons deleted text begindetained ordeleted text end confinednew text begin or incarceratednew text end therein according
to law except to the extent that they are inspected or licensed by other state regulating
agencies. The commissioner shall promulgate pursuant to chapter 14, rules establishing
minimum standards for these facilities with respect to their management, operation, physical
condition, and the security, safety, health, treatment, and discipline of persons deleted text begindetained ordeleted text end
confinednew text begin or incarceratednew text end therein. deleted text beginCommencing September 1, 1980,deleted text endnew text begin These minimum standards
shall include but are not limited to specific guidance pertaining to:
new text end

new text begin (1) screening, appraisal, assessment, and treatment for persons confined or incarcerated
in correctional facilities with mental illness or substance use disorders;
new text end

new text begin (2) a policy on the involuntary administration of medications;
new text end

new text begin (3) suicide prevention plans and training;
new text end

new text begin (4) verification of medications in a timely manner;
new text end

new text begin (5) well-being checks;
new text end

new text begin (6) discharge planning, including providing prescribed medications to persons confined
or incarcerated in correctional facilities upon release;
new text end

new text begin (7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
institution;
new text end

new text begin (8) use of segregation and mental health checks;
new text end

new text begin (9) critical incident debriefings;
new text end

new text begin (10) clinical management of substance use disorders;
new text end

new text begin (11) a policy regarding identification of persons with special needs confined or
incarcerated in correctional facilities;
new text end

new text begin (12) a policy regarding the use of telehealth;
new text end

new text begin (13) self-auditing of compliance with minimum standards;
new text end

new text begin (14) information sharing with medical personnel and when medical assessment must be
facilitated;
new text end

new text begin (15) a code of conduct policy for facility staff and annual training;
new text end

new text begin (16) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and
new text end

new text begin (17) dissemination of a rights statement made available to persons confined or
incarcerated in licensed correctional facilities.
new text end

No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless deleted text beginlicensed bydeleted text endnew text begin it possesses a current license fromnew text end the commissioner of corrections.
Private adult correctional facilities shall have the authority of section 624.714, subdivision
13
, if the Department of Corrections licenses the facility with deleted text beginsuchdeleted text endnew text begin thenew text end authority and the
facility meets requirements of section 243.52.

The commissioner shall review the correctional facilities described in this subdivision
at least once every deleted text beginbienniumdeleted text endnew text begin two yearsnew text end, except as otherwise provided deleted text beginhereindeleted text end, to determine
compliance with the minimum standards established deleted text beginpursuantdeleted text endnew text begin accordingnew text end to this subdivisionnew text begin
or other law related to minimum standards and conditions of confinement
new text end.

The commissioner shall grant a license to any facility found to conform to minimum
standards or to any facility which, in the commissioner's judgment, is making satisfactory
progress toward substantial conformity and the new text beginstandards not being met do not impact thenew text end
interests and well-being of the persons deleted text begindetained ordeleted text end confined deleted text beginthereindeleted text endnew text begin or incarcerated in the
facility
new text end deleted text beginare protecteddeleted text end. new text beginA limited license under subdivision 1a may be issued for purposes of
effectuating a facility closure.
new text end The commissioner may grant licensure up to two years. new text beginUnless
otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on
the day after the expiration date stated on the license.
new text end

The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons deleted text begindetained ordeleted text end confinednew text begin or incarceratednew text end in these facilities. The commissioner may
require the officers in charge of these facilities to furnish all information and statistics the
commissioner deems necessary, at a time and place designated by the commissioner.

new text begin All facility administrators of correctional facilities defined under subdivision 1g are
required to report all deaths of individuals who died while committed to the custody of the
facility, regardless of whether the death occurred at the facility or after removal from the
facility for medical care stemming from an incident or need for medical care at the
correctional facility, within 24 hours of receiving knowledge of the death, including any
demographic information as required by the commissioner.
new text end

new text begin All facility administrators of correctional facilities defined under subdivision 1g are
required to report all other emergency or unusual occurrences as defined by rule, including
uses of force by facility staff that result in substantial bodily harm or suicide attempts, to
the commissioner of corrections within ten days from the occurrence, including any
demographic information as required by the commissioner. The commissioner of corrections
shall consult with the Minnesota Sheriffs' Association and a representative from the
Minnesota Association of Community Corrections Act Counties who is responsible for the
operations of an adult correctional facility to define "use of force" that results in substantial
bodily harm for reporting purposes.
new text end

The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. new text beginThe commissioner shall post each
inspection report publicly and on the department's website within 30 days of completing
the inspection.
new text endThe education program offered in a correctional facility for the deleted text begindetention ordeleted text end
confinement new text beginor incarceration new text endof juvenile offenders must be approved by the commissioner
of education before the commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given
it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional
facilities shall, insofar as is possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies which regulate, inspect, or
license the same aspects of similar types of correctional facilities, although at different
correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of corrections'
authority to promulgate rules establishing standards of eligibility for counties to receive
funds under sections 401.01 to 401.16, or to require counties to comply with operating
standards the commissioner establishes as a condition precedent for counties to receive that
funding.

deleted text begin (e) When the commissioner finds that any facility described in paragraph (a), except
foster care facilities for delinquent children and youth as provided in subdivision 2, does
not substantially conform to the minimum standards established by the commissioner and
is not making satisfactory progress toward substantial conformance, the commissioner shall
promptly notify the chief executive officer and the governing board of the facility of the
deficiencies and order that they be remedied within a reasonable period of time. The
commissioner may by written order restrict the use of any facility which does not substantially
conform to minimum standards to prohibit the detention of any person therein for more than
72 hours at one time. When, after due notice and hearing, the commissioner finds that any
facility described in this subdivision, except county jails and lockups as provided in sections
641.26, 642.10, and 642.11, does not conform to minimum standards, or is not making
deleted text end deleted text begin satisfactory progress toward substantial compliance therewith, the commissioner may issue
an order revoking the license of that facility. After revocation of its license, that facility
shall not be used until its license is renewed. When the commissioner is satisfied that
satisfactory progress towards substantial compliance with minimum standard is being made,
the commissioner may, at the request of the appropriate officials of the affected facility
supported by a written schedule for compliance, grant an extension of time for a period not
to exceed one year.
deleted text end

deleted text begin (f) As used in this subdivision, "correctional facility" means any facility, including a
group home, having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority, or other
correctional agency having dispositional power over persons charged with, convicted, or
adjudicated to be guilty or delinquent.
deleted text end

Sec. 3.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Correction order; conditional license. new text end

new text begin (a) When the commissioner finds that
any facility described in subdivision 1, except foster care facilities for delinquent children
and youth as provided in subdivision 2, does not substantially conform to the minimum
standards established by the commissioner and is not making satisfactory progress toward
substantial conformance and the nonconformance does not present an imminent risk of
life-threatening harm or serious physical injury to the persons confined or incarcerated in
the facility, the commissioner shall promptly notify the facility administrator and the
governing board of the facility of the deficiencies and must issue a correction order or a
conditional license order that the deficiencies be remedied within a reasonable and specified
period of time.
new text end

new text begin The conditional license order may restrict the use of any facility which does not
substantially conform to minimum standards, including imposition of conditions limiting
operation of the facility or parts of the facility, reducing facility capacity, limiting intake,
limiting length of detention for individuals, or imposing detention limitations based on the
needs of the individuals being confined or incarcerated therein.
new text end

new text begin The correction order or conditional license order must clearly state the following:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or law;
new text end

new text begin (2) the findings that constitute a violation of minimum standards;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) time allowed to correct each violation; and
new text end

new text begin (5) if a license is made conditional, the length and terms of the conditional license, any
conditions limiting operation of the facility, and the reasons for making the license
conditional.
new text end

new text begin (b) The facility administrator may request review of the findings noted in the conditional
license order on the grounds that satisfactory progress toward substantial compliance with
minimum standards has been made, supported by evidence of correction, and, if appropriate,
may include a written schedule for compliance. The commissioner shall review the evidence
of correction and the progress made toward substantial compliance with minimum standards
within a reasonable period of time, not to exceed ten business days. When the commissioner
has assurance that satisfactory progress toward substantial compliance with minimum
standards is being made, the commissioner shall lift any conditions limiting operation of
the facility or parts of the facility or remove the conditional license order.
new text end

new text begin (c) Nothing in this section prohibits the commissioner from ordering a revocation under
subdivision 1b prior to issuing a correction order or conditional license order.
new text end

Sec. 4.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:


new text begin Subd. 1b. new text end

new text begin License revocation order. new text end

new text begin (a) When, after due notice to the facility
administrator of the commissioner's intent to issue a revocation order, the commissioner
finds that any facility described in this subdivision, except county jails and lockups subject
to active condemnation proceedings or orders as provided in sections 641.26, 642.10, and
642.11, does not conform to minimum standards, or is not making satisfactory progress
toward substantial compliance with minimum standards, and the nonconformance does not
present an imminent risk of life-threatening harm or serious physical injury to the persons
confined or incarcerated in the facility, the commissioner may issue an order revoking the
license of that facility.
new text end

new text begin The notice of intent to issue a revocation order shall include:
new text end

new text begin (1) the citation to minimum standards that have been violated;
new text end

new text begin (2) the nature and severity of each violation;
new text end

new text begin (3) whether the violation is recurring or nonrecurring;
new text end

new text begin (4) the effect of the violation on persons confined or incarcerated in the correctional
facility;
new text end

new text begin (5) an evaluation of the risk of harm to persons confined or incarcerated in the correctional
facility;
new text end

new text begin (6) relevant facts, conditions, and circumstances concerning the operation of the licensed
facility, including at a minimum:
new text end

new text begin (i) specific facility deficiencies that endanger the health or safety of persons confined
or incarcerated in the correctional facility;
new text end

new text begin (ii) substantiated complaints relating to the correctional facility; or
new text end

new text begin (iii) any other evidence that the correctional facility is not in compliance with minimum
standards.
new text end

new text begin (b) The facility administrator must submit a written response within 30 days of receipt
of the notice of intent to issue a revocation order with any information related to errors in
the notice, ability to conform to minimum standards within a set period of time including
but not limited to a written schedule for compliance, and any other information the facility
administrator deems relevant for consideration by the commissioner. The written response
must also include a written plan indicating how the correctional facility will ensure the
transfer of confined or incarcerated individuals and records if the correctional facility closes.
Plans must specify arrangements the correctional facility will make to transfer confined or
incarcerated individuals to another licensed correctional facility for continuation of detention.
new text end

new text begin (c) When revoking a license, the commissioner shall consider the nature, chronicity, or
severity of the violation of law or rule and the effect of the violation on the health, safety,
or rights of persons confined or incarcerated in the correctional facility.
new text end

new text begin (d) If the facility administrator does not respond within 30 days to the notice of intent
to issue a revocation order or if the commissioner does not have assurance that satisfactory
progress toward substantial compliance with minimum standards will be made, the
commissioner shall issue a revocation order. The revocation order must be sent to the facility
administrator and the governing board of the facility, clearly stating:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or law;
new text end

new text begin (2) the findings that constitute a violation of minimum standards and the nature,
chronicity, or severity of those violations;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) any prior correction or conditional license orders issued to correct violations; and
new text end

new text begin (5) the date at which the license revocation shall take place.
new text end

new text begin A revocation order may authorize use until a certain date, not to exceed the duration of the
current license, unless a limited license is issued by the commissioner for purposes of
effectuating a facility closure and continued operation does not present an imminent risk
of life-threatening harm or is not likely to result in serious physical injury to the persons
confined or incarcerated in the facility.
new text end

new text begin (e) After revocation of the facility's licensure, that facility shall not be used until the
license is renewed. When the commissioner is satisfied that satisfactory progress toward
substantial compliance with minimum standards is being made, the commissioner may, at
the request of the facility administrator supported by a written schedule for compliance,
reinstate the license.
new text end

Sec. 5.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:


new text begin Subd. 1c. new text end

new text begin Temporary license suspension. new text end

new text begin The commissioner shall act immediately to
temporarily suspend a license issued under this chapter if:
new text end

new text begin (1) the correctional facility's failure to comply with applicable minimum standards or
the conditions in the correctional facility pose an imminent risk of life-threatening harm or
serious physical injury to persons confined or incarcerated in the facility, staff, law
enforcement, visitors, or the public; and
new text end

new text begin (i) if the imminent risk of life-threatening harm or serious physical injury cannot be
promptly corrected through a different type of order under this section; and
new text end

new text begin (ii) the correctional facility cannot or has not corrected the violation giving rise to the
imminent risk of life-threatening harm or serious physical injury; or
new text end

new text begin (2) while the correctional facility continues to operate pending due notice and opportunity
for written response to the commissioner's notice of intent to issue an order of revocation,
the commissioner identifies one or more subsequent violations of minimum standards which
may adversely affect the health or safety of persons confined or incarcerated in the facility,
staff, law enforcement, visitors, or the public.
new text end

new text begin A notice stating the reasons for the immediate suspension informing the facility
administrator must be delivered by personal service to the correctional facility administrator
and the governing board of the facility.
new text end

Sec. 6.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:


new text begin Subd. 1d. new text end

new text begin Public notice of restriction, revocation, or suspension. new text end

new text begin If the license of a
facility under this section is revoked or suspended, or use of the facility is restricted for any
reason under a conditional license order, the commissioner shall post the facility, the status
of the facility's license, and the reason for the restriction, revocation, or suspension publicly
and on the department's website.
new text end

Sec. 7.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:


new text begin Subd. 1e. new text end

new text begin Reconsideration of orders; appeals. new text end

new text begin (a) If the facility administrator believes
the correction order, conditional license order, or revocation order is in error, the facility
administrator may ask the Department of Corrections to reconsider the parts of the order or
action that are alleged to be in error. The request for reconsideration must:
new text end

new text begin (1) be made in writing;
new text end

new text begin (2) be postmarked and sent to the commissioner no later than 30 calendar days after
receipt of the correction order, conditional license order, or revocation order;
new text end

new text begin (3) specify the parts of the order that are alleged to be in error;
new text end

new text begin (4) explain why the correction order, conditional license order, or revocation order is in
error; and
new text end

new text begin (5) include documentation to support the allegation of error.
new text end

new text begin The commissioner shall issue a disposition within 60 days of receipt of the facility
administrator's response to correction, conditional license, or revocation order violations.
A request for reconsideration does not stay any provisions or requirements of the order.
new text end

new text begin (b) The facility administrator may request reconsideration of an order immediately
suspending a license. The request for reconsideration of an order immediately suspending
a license must be made in writing and sent by certified mail, personal service, or other means
expressly stated in the commissioner's order. If mailed, the request for reconsideration must
be postmarked and sent to the commissioner no later than five business days after the facility
administrator receives notice that the license has been immediately suspended. If a request
is made by personal service, it must be received by the commissioner no later than five
business days after the facility administrator received the order. The request for
reconsideration must:
new text end

new text begin (1) specify the parts of the order that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin A facility administrator and the governing board of the facility shall discontinue operation
of the correctional facility upon receipt of the commissioner's order to immediately suspend
the license.
new text end

new text begin (c) Within five business days of receipt of the facility administrator's timely request for
reconsideration of a temporary immediate suspension, the commissioner shall review the
request for reconsideration. The scope of the review shall be limited solely to the issue of
whether the temporary immediate suspension order should remain in effect pending the
written response to commissioner's notice of intent to issue a revocation order.
new text end

new text begin The commissioner's disposition of a request for reconsideration of correction, conditional
license, temporary immediate suspension, or revocation order is final and subject to appeal.
The facility administrator must request reconsideration as required by this section of any
correction, conditional license, temporary immediate suspension, or revocation order prior
to appeal.
new text end

new text begin No later than 60 days after the postmark date of the mailed notice of the commissioner's
decision on a request for reconsideration, the facility administrator may appeal the decision
by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota
Rules of Civil Appellate Procedure, Rule 115.
new text end

Sec. 8.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:


new text begin Subd. 1f. new text end

new text begin Report. new text end

new text begin By February 15, 2022, and by February 15 each year thereafter, the
commissioner of corrections 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
over the prior year, particularly the health and safety of individuals confined or incarcerated
in a state correctional facility and a facility licensed by the commissioner. This report shall
include but not be limited to data regarding:
new text end

new text begin (1) the number of confined or incarcerated persons who died while committed to the
custody of the facility, regardless of whether the death occurred at the facility or after
removal from the facility for medical care stemming from an incident or need for medical
care at the correctional facility, including aggregated demographic information and the
correctional facilities' most recent inspection reports and any corrective orders or conditional
licenses issued;
new text end

new text begin (2) the aggregated results of the death reviews by facility as required by subdivision 8,
including any implemented policy changes;
new text end

new text begin (3) the number of uses of force by facility staff on persons confined or incarcerated in
the correctional facility, including but not limited to whether those uses of force were
determined to be justified by the facility, for which the commissioner of corrections shall
consult with the Minnesota Sheriffs' Association and a representative from the Minnesota
Association of Community Corrections Act Counties who is responsible for the operations
of an adult correctional facility to develop criteria for reporting and define reportable uses
of force;
new text end

new text begin (4) the number of suicide attempts, number of people transported to a medical facility,
and number of people placed in segregation;
new text end

new text begin (5) the number of persons committed to the commissioner of corrections' custody that
the commissioner is housing in facilities licensed under subdivision 1, including but not
limited to:
new text end

new text begin (i) aggregated demographic data of those individuals;
new text end

new text begin (ii) length of time spent housed in a licensed correctional facility; and
new text end

new text begin (iii) any contracts the Department of Corrections has with correctional facilities to provide
housing; and
new text end

new text begin (6) summary data from state correctional facilities regarding complaints involving alleged
on-duty staff misconduct, including but not limited to the:
new text end

new text begin (i) total number of misconduct complaints and investigations;
new text end

new text begin (ii) total number of complaints by each category of misconduct, as defined by the
commissioner of corrections;
new text end

new text begin (iii) number of allegations dismissed as unfounded;
new text end

new text begin (iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
and
new text end

new text begin (v) number of allegations substantiated, any resulting disciplinary action, and the nature
of the discipline.
new text end

Sec. 9.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:


new text begin Subd. 1g. new text end

new text begin Definition. new text end

new text begin As used in this section, "correctional facility" means any facility,
including a group home, having a residential component, the primary purpose of which is
to serve persons placed therein by a court, court services department, parole authority, or
other correctional agency having dispositional power over persons charged with, convicted,
or adjudicated guilty or delinquent.
new text end

Sec. 10.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Intake release of information. new text end

new text begin All correctional facilities that confine or
incarcerate adults are required at intake to provide every person an authorization form to
release information related to their health or mental health condition and when that
information should be shared. This release form shall allow the individual to select if they
want to require the correctional facility to make attempts to contact the designated person
to facilitate the sharing of health condition information upon incapacitation or if the individual
becomes unable to communicate or direct the sharing of this information, so long as contact
information was provided and the incapacitated person or individual who is unable to
communicate or direct the sharing of this information is not subject to a court order
prohibiting contact with the designated person.
new text end

Sec. 11.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Death review teams. new text end

new text begin In the event a correctional facility as defined in subdivision
1g receives information of the death of an individual while committed to the custody of the
facility, regardless of whether the death occurred at the facility or after removal from the
facility for medical care stemming from an incident or need for medical care at the
correctional facility, the administrator of the facility, minimally including a medical expert
of the facility's choosing who did not provide medical services to the individual, and, if
appropriate, a mental health expert, shall review the circumstances of the death and assess
for preventable mortality and morbidity, including recommendations for policy or procedure
change, within 90 days of death. The investigating law enforcement agency may provide
documentation, participate in, or provide documentation and participate in the review in
instances where criminal charges were not brought. A preliminary autopsy report must be
provided as part of the review and any subsequent autopsy findings as available. The facility
administrator shall provide notice to the commissioner of corrections via the Department
of Corrections detention information system that the correctional facility has conducted a
review and identify any recommendations for changes in policy, procedure, or training that
will be implemented. Any report or other documentation created for purposes of a facility
death review is confidential as defined in section 13.02, subdivision 3. Nothing in this
section relieves the facility administrator from complying with the notice of death to the
commissioner as required by subdivision 1, paragraph (a).
new text end

Sec. 12.

Minnesota Statutes 2020, section 243.52, is amended to read:


243.52 DISCIPLINE; PREVENTION OF ESCAPEnew text begin; DUTY TO REPORTnew text end.

new text begin Subdivision 1. new text end

new text begin Discipline and prevention of escape new text end

If any deleted text begininmate ofdeleted text endnew text begin person confined
or incarcerated in
new text end any adult correctional facility either under the control of the commissioner
of corrections or licensed by the commissioner of corrections under section 241.021 assaults
any correctional officer or any other person deleted text beginor inmatedeleted text end, the assaulted person may use force
in defense of the assaultnew text begin, except as limited in this sectionnew text end. If any deleted text begininmatedeleted text endnew text begin confined or
incarcerated person
new text end attempts to damage the buildings or appurtenances, resists the lawful
authority of any correctional officer, refuses to obey the correctional officer's reasonable
demands, or attempts to escape, the correctional officer may enforce obedience and discipline
or prevent escape by the use of force. If any deleted text begininmatedeleted text endnew text begin confined or incarcerated personnew text end resisting
lawful authority is wounded or killed by the use of force by the correctional officer or
assistants, that conduct is authorized under this section.

new text begin Subd. 2. new text end

new text begin Use of force. new text end

new text begin (a) Use of force must not be applied maliciously or sadistically
for the purpose of causing harm to an inmate.
new text end

new text begin (b) Unless the use of deadly force is justified in this section, a correctional officer working
in a correctional facility as defined in section 241.021 may not use any of the following
restraints:
new text end

new text begin (1) a choke hold;
new text end

new text begin (2) a prone restraint;
new text end

new text begin (3) tying all of a person's limbs together behind the person's back to render the person
immobile; or
new text end

new text begin (4) securing a person in any way that results in transporting the person face down in a
vehicle, except as directed by a medical professional.
new text end

new text begin (c) For the purposes of this subdivision, the following terms have the meanings given
them:
new text end

new text begin (1) "choke hold" means a method by which a person applies sufficient pressure to a
person to make breathing difficult or impossible, and includes but is not limited to any
pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce
intake of air. Choke hold also means applying pressure to a person's neck on either side of
the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the
carotid arteries;
new text end

new text begin (2) "prone restraint" means the use of manual restraint that places a person in a face-down
position; and
new text end

deleted text begin As used in this section, "use of force" means conduct which is defined by sections 609.06
to 609.066.
deleted text end new text begin (3) "deadly force" has the meaning given in section 609.066, subdivision 1.
new text end

new text begin (d) Use of deadly force is justified only if an objectively reasonable correctional officer
would believe, based on the totality of the circumstances known to the officer at the time
and without the benefit of hindsight, that deadly force is necessary:
new text end

new text begin (1) to protect the correctional officer or another from death or great bodily harm, provided
that the threat:
new text end

new text begin (i) can be articulated with specificity by the correctional officer;
new text end

new text begin (ii) is reasonably likely to occur absent action by the correctional officer; and
new text end

new text begin (iii) must be addressed through the use of deadly force without unreasonable delay; or
new text end

new text begin (2) to effect the capture or prevent the escape of a person when the officer reasonably
believes that the person will cause death or great bodily harm to another person under the
threat criteria in clause (1), unless immediately apprehended.
new text end

new text begin Subd. 3. new text end

new text begin Duty to report. new text end

new text begin (a) Regardless of tenure or rank, staff working in a correctional
facility as defined in section 241.021 who observe another employee engage in neglect or
use force that exceeds the degree of force permitted by law must report the incident in
writing as soon as practicable, but no later than 24 hours to the administrator of the
correctional facility that employs the reporting staff member.
new text end

new text begin (b) A staff member who fails to report neglect or excessive use of force within 24 hours
is subject to disciplinary action or sanction by the correctional facility that employs them.
Staff members shall suffer no reprisal for reporting another staff member engaged in
excessive use of force or neglect.
new text end

new text begin (c) For the purposes of this subdivision, neglect means:
new text end

new text begin (1) the knowing failure or omission to supply a person confined or incarcerated in the
facility with care or services, including but not limited to food, clothing, health care, or
supervision that is reasonable and necessary to obtain or maintain the person's physical or
mental health or safety; or
new text end

new text begin (2) the absence or likelihood of absence of care or services, including but not limited to
food, clothing, health care, or supervision necessary to maintain the physical and mental
health of the person that a reasonable person would deem essential for health, safety, or
comfort.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end