Minnesota Legislature
HF 1659
1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/07/2025 04:21pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/27/2025 | |
| 1st Engrossment | Posted on 04/01/2025 |
Current Version - 1st Engrossment
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A bill for an act
relating to corrections; modifying cultural program for American Indian
incarcerated individuals; clarifying reporting requirements related to community
supervision; exempting federal law enforcement agents who transport persons
from definition of protective agent; repealing obsolete civil commitment law
regarding incarcerated individuals with mental illness; amending Minnesota Statutes
2024, sections 241.80; 326.338, subdivision 4; 401.10, subdivision 4; 401.17,
subdivisions 1, 5; repealing Minnesota Statutes 2024, sections 253.21; 253.23.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 241.80, is amended to read:
241.80 AMERICAN INDIAN CULTURAL PROGRAM.
Subdivision 1.
Authority.
The commissioner of corrections shall develop a policy to
provide the cultural programming services listed in subdivision 2 to American Indian deleted text begin inmatesdeleted text end new text begin
incarcerated individualsnew text end of all juvenile and adult state correctional facilities and
community-based correctional programs. The commissioner may, within the limits of
available money, contract with appropriate American Indian private, nonprofit organizations
to provide the cultural programming services.
Subd. 2.
Cultural programming services.
The policy shall include, but need not be
limited to, providing, within the limits of available money, spiritual and cultural programming
services having the following purposes:
(1) the deleted text begin teaching of good work habits and thedeleted text end development of deleted text begin motivation through workdeleted text end new text begin
education and training needed for postincarceration self-sufficiencynew text end ;
(2) the development of deleted text begin cultural pride to improvedeleted text end new text begin strengthenednew text end American Indian deleted text begin self-imagedeleted text end new text begin
identitynew text end ;
deleted text begin
(3) the development of an understanding of and an adjustment to the cultural differences
between American Indians and other ethnic groups;
deleted text end
new text begin
(3) improved understanding of American Indian culture, traditions, and spiritual practices
for Department of Corrections staff;
new text end
(4) the development of deleted text begin attitudes of mutual trust, respect, and understanding among
American Indian family membersdeleted text end new text begin partnerships with Tribal Nations to address the unique
needs of American Indian incarcerated individuals and promote approaches to rehabilitation
specific to this populationnew text end ;
(5) deleted text begin the fostering ofdeleted text end increased availability of deleted text begin medicine men anddeleted text end American Indian spiritual
leaders to teach American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end about American Indian
historydeleted text begin ,deleted text end new text begin andnew text end cultural deleted text begin sensitivity, and religiondeleted text end new text begin and spiritual practicesnew text end ;
(6) the involvement of American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end in those aspects
of the correctional system that will aid in their rehabilitation; and
(7) the provision of services to American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end that
will facilitate their reentry into the community.
Sec. 2.
Minnesota Statutes 2024, section 326.338, subdivision 4, is amended to read:
Subd. 4.
Protective agent.
A person who for a fee, reward, or other valuable consideration
undertakes any of the following acts is considered to be engaged in the business of protective
agent:
(1) providing guards, private patrol, or other security personnel to protect persons or
their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
to prevent the misappropriation or concealment of goods, merchandise, money, or other
valuable things, or to procure the return of those things;
(2) physically responding to any alarm signal device, burglar alarm, television camera,
still camera, or a mechanical or electronic device installed or used to prevent or detect
burglary, theft, shoplifting, pilferage, losses, or other security measures;
(3) providing armored car services for the protection of persons or property;
(4) controlling motor traffic on public streets, roads, and highways for the purpose of
escorting a funeral procession and oversized loads;
(5) providing management and control of crowds for the purpose of safety and protection;
or
(6) providing guards or other security personnel to transport prisoners or any other person
arrested on a warrant, except that this does not apply to the transport or escort of offenders
by staff of the Department of Corrections; the transport of a person by the sheriff of a county
to the appropriate adult or juvenile correctional facility as designated by the commissioner
of corrections or to and from court in connection with postconviction, habeas corpus, or
intrastate mandatory disposition of detainers proceedings; the transfer of a person by
emergency medical services personnel; or the transfer of a person by a peace officer as
defined in section 626.84, subdivision 1, paragraph (c)new text begin , or employed by a federal law
enforcement agencynew text end .
A person covered by this subdivision may perform the traffic-control duties in clause
(4) in place of a police officer when a special permit is required, provided that the protective
agent is first-aid qualified.
Sec. 3.
Minnesota Statutes 2024, section 401.10, subdivision 4, is amended to read:
Subd. 4.
Report.
deleted text begin (a)deleted text end By January 15, 2025, and every new text begin odd new text end year thereafter, the
commissioner must submit a report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety finance and policy.
At a minimum, the report must summarize and contain the following data:
(1) the commissioner's new text begin most recent new text end workload study under section 401.17, subdivision
4;new text begin and
new text end
deleted text begin
(2) the commissioner's collected caseload data under section 244.21, subdivision 1; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end projected growth in the community supervision formula calculated by analyzing
deleted text begin caseloaddeleted text end new text begin supervision populationnew text end trends and data.
deleted text begin
(b) The report may be made in conjunction with reporting under section 244.21.
deleted text end
Sec. 4.
Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read:
Subdivision 1.
Establishment; members.
(a) The commissioner must establish a
Community Supervision Advisory Committee to develop and make recommendations to
the commissioner on standards for probation, supervised release, and community supervision.
The committee consists of 19 members as follows:
(1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
(2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
(3) three county commissioner representatives appointed by the Association of Minnesota
Counties;
(4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
(5) two representatives appointed by the Minnesota Indian Affairs Council;
(6) two commissioner-appointed representatives from the Department of Corrections;
(7) the chair of the statewide Evidence-Based Practice Advisory Committee;
(8) three individuals deleted text begin who have been supervised, either individually or collectively, under
each of the state's three community supervision delivery systemsdeleted text end new text begin with varied experiences
in community supervision, reflecting the diversity of the state's supervision frameworks as
well as demographic and geographic diversitynew text end appointed by the commissioner in consultation
with the Minnesota Association of County Probation Officers and the Minnesota Association
of Community Corrections Act Counties;
(9) an advocate for victims of crime appointed by the commissioner; deleted text begin and
deleted text end
(10) a representative from a community-based research deleted text begin anddeleted text end new text begin ornew text end advocacy entity appointed
by the commissionerdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(11) two judicial representatives, one from the seven-county metropolitan area and one
from greater Minnesota, appointed by the Minnesota Judicial Council;
new text end
new text begin
(12) one prosecutor appointed by the Minnesota County Attorneys Association; and
new text end
new text begin
(13) one defense attorney appointed by the Minnesota State Public Defender.
new text end
(b) When an appointing authority selects an individual for membership on the committee,
the authority must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision 33.
(c) Chapter 15 applies to the extent consistent with this section.
(d) The commissioner must convene the first meeting of the committee on or before
October 1, 2023.
Sec. 5.
Minnesota Statutes 2024, section 401.17, subdivision 5, is amended to read:
Subd. 5.
Data collection; report.
(a) By June 1, 2024, the advisory committee, in
consultation with the Minnesota Counties Computer Cooperative, must create a method to
(1) standardize data classifications across the three community supervision systems, and
(2) collect data for the commissioner to publish in an annual report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety finance and policy.
(b) The advisory committee's method, at a minimum, must provide for collecting the
following data:
(1) the number of individuals sentenced to supervision each year;
(2) the offense levels, offense types, and assessed risk levels for which individuals are
sentenced to supervision;
(3) violation and revocation rates and the identified grounds for the violations and
revocations, including final disposition of the violation action such as execution of the
sentence, imposition of new conditions, or a custodial sanction;
(4) the number of individuals granted early discharge from probation;
(5) the number of individuals restructured on supervision, including imposition of new
conditions of release; and
(6) the number of individuals revoked from supervision and the identified grounds for
revocation.
(c) Beginning deleted text begin January 15deleted text end new text begin May 1new text end , 2025, as part of the report under section deleted text begin 241.21deleted text end new text begin 244.21new text end ,
subdivision 2, the commissioner must include data collected under the committee method
established under this subdivision. The commissioner must analyze the collected data by
race, gender, and county, including Tribal Nations.
(d) Nothing in this section overrides the commissioner's authority to require additional
data be provided under other law.
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, sections 253.21; and 253.23,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: H1659-1
253.21 COMMITMENT OF PRISONERS; PROCEEDINGS; RESTORATION OF MENTAL HEALTH.
Subdivision 1.
Initiation of commitment proceedings involving prisoners.
When any person confined in the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud is alleged to be mentally ill, the chief executive officer or other person in charge of the correctional facility shall notify the executive board, which shall cause the prisoner to be examined by the court exercising probate jurisdiction of the county where the prisoner is confined, as in the case of other persons who are mentally ill.
Subd. 2.
Transfer of committed prisoners.
In case the prisoner is found to be mentally ill, the prisoner must be transferred by the order of the court to the Minnesota Security Hospital or to a state hospital for people who are mentally ill in the discretion of the court, there to be kept and maintained as in the case of other persons who are mentally ill.
Subd. 3.
Return of prisoners following restoration of mental health.
If, in the judgment of the chief executive officer of the correctional facility the prisoner came from, the prisoner's mental health is restored before the period of commitment to the correctional facility has expired, upon the certificate of the chief executive officer, the executive board shall remove the prisoner from the secure treatment facility and transfer the prisoner to the correctional institution the prisoner came from to complete the sentence.
253.23 PRISONER TRANSFER PROCEEDINGS.
When any prisoner is transferred to the Minnesota Security Hospital, the original warrant of commitment to the correctional facility must be sent with the prisoner and returned to the correctional facility upon return or discharge of the prisoner. A certified copy of the warrant of commitment to the correctional facility must be preserved at the correctional facility.