HF 1494

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; modifying the law prohibiting 
  1.3             inmates from bringing actions to challenge the level 
  1.4             of expenditures for rehabilitation programs and the 
  1.5             law related to sanctions for frivolous or malicious 
  1.6             claims; amending Minnesota Statutes 1998, sections 
  1.7             244.03; and 244.035. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 244.03, is 
  1.10  amended to read: 
  1.11     244.03 [REHABILITATIVE PROGRAMS.] 
  1.12     The commissioner shall provide appropriate mental health 
  1.13  programs and vocational and educational programs with 
  1.14  employment-related goals for inmates who desire to voluntarily 
  1.15  participate in such programs and for inmates who are required to 
  1.16  participate in the programs under the disciplinary offense rules 
  1.17  adopted by the commissioner under section 244.05, subdivision 
  1.18  1b.  The selection, design and implementation of programs under 
  1.19  this section shall be the sole responsibility of the 
  1.20  commissioner, acting within the limitations imposed by the funds 
  1.21  appropriated for such programs. 
  1.22     No action challenging the level of expenditures for 
  1.23  programs authorized under this section, nor any action 
  1.24  challenging the selection, design or implementation of these 
  1.25  programs, including employee assignments, may be maintained by 
  1.26  an inmate in any court in this state. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 244.035, is 
  2.2   amended to read: 
  2.3      244.035 [SANCTIONS RELATED TO LITIGATION.] 
  2.4      (a) As used in this section, "board" means a licensing or 
  2.5   certification board. 
  2.6      (b) The commissioner shall develop disciplinary sanctions 
  2.7   to provide infraction penalties for an inmate who submits a 
  2.8   frivolous or malicious claim as determined under section 563.02, 
  2.9   subdivision 3, to a court or board, or who is determined by the 
  2.10  court or board to have testified falsely or to have submitted 
  2.11  false evidence to a court or board.  Infraction penalties may 
  2.12  include loss of privileges, punitive segregation, loss of good 
  2.13  time, or adding discipline confinement time.  The determination 
  2.14  of the commissioner regarding disciplinary sanctions under this 
  2.15  section is limited to the nature and extent of the infraction 
  2.16  penalty to be imposed.  The commissioner is bound by the finding 
  2.17  of the court or board that the inmate submitted a frivolous or 
  2.18  malicious claim, testified falsely, or submitted false evidence. 
  2.19     (c) The court or board shall determine whether a claim is 
  2.20  frivolous or malicious under section 563.02, subdivision 3.