HF 2127

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:47pm

A bill for an act
relating to corrections; defining and exempting body scanners in correctional
facilities and jails from certain Department of Health law; authorizing employees
of a correctional facility to administer opiate antagonists; clarifying authority of
Fugitive Apprehension Units to do general law enforcement; authorizing medical
director of Department of Corrections to make health care decisions for certain
inmates lacking decision-making capacity and placed in an outside facility on
conditional medical release; amending Department of Corrections billing to counties
for juvenile confinements; amending Minnesota Statutes 2018, sections 144.121,
subdivision 1a, by adding a subdivision; 151.37, subdivision 12; 241.025,
subdivisions 1, 2; 241.75, subdivision 2; 242.192; repealing Minnesota Statutes
2018, section 401.13.

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

Section 1.

Minnesota Statutes 2018, section 144.121, subdivision 1a, is amended to read:

Subd. 1a.

Fees for ionizing radiation-producing equipment.

(a) A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration
fee consisting of a base facility fee of $100 and an additional fee for each radiation source,
as follows:

(1)	medical or veterinary equipment	$	100
(2)	dental x-ray equipment	$	40
(3)	x-ray equipment not used on humans or animals	$	100
(4)	devices with sources of ionizing radiation not used on humans or animals	$	100
new text begin (5) new text end	new text begin security screening system new text end	new text begin $ new text end	new text begin 100 new text end

(b) A facility with radiation therapy and accelerator equipment must pay an annual
registration fee of $500. A facility with an industrial accelerator must pay an annual
registration fee of $150.

(c) Electron microscopy equipment is exempt from the registration fee requirements of
this section.

Sec. 2.

Minnesota Statutes 2018, section 144.121, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Exemption from examination requirements; operators of security screening
systems. new text end

new text begin (a) An employee of a correctional or detention facility who operates a security
screening system and the facility in which the system is being operated are exempt from
the requirements of subdivisions 5 and 6.
new text end

new text begin (b) An employee of a correctional or detention facility who operates a security screening
system and the facility in which the system is being operated must meet the requirements
of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota
Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year
that the permanent rules adopted by the commissioner governing security screening systems
are published in the State Register.
new text end

new text begin (c) For purposes of this subdivision and subdivision 1a:
new text end

new text begin (1) "correctional or detention facility" means a facility licensed by the commissioner of
corrections under section 241.021 and operated by a state agency or political subdivision
charged with detection, enforcement, or incarceration in respect to state criminal and traffic
laws; and
new text end

new text begin (2) "security screening system" means radiation-producing equipment designed and used
for security screening of humans who are in the custody of a correctional or detention
facility, and is used by the facility to image and identify contraband items concealed within
or on all sides of a human body.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 151.37, subdivision 12, is amended to read:

Subd. 12.

Administration of opiate antagonists for drug overdose.

(a) A licensed
physician, a licensed advanced practice registered nurse authorized to prescribe drugs
pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
pursuant to section 147A.18 may authorize the following individuals to administer opiate
antagonists, as defined in section 604A.04, subdivision 1:

(1) an emergency medical responder registered pursuant to section 144E.27;

(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d);
deleted text begin and
deleted text end

(3) new text begin employees of a correctional facility; and
new text end

new text begin (4) new text end staff of community-based health disease prevention or social service programs.

(b) For the purposes of this subdivision, opiate antagonists may be administered by one
of these individuals only if:

(1) the licensed physician, licensed physician assistant, or licensed advanced practice
registered nurse has issued a standing order to, or entered into a protocol with, the individual;
and

(2) the individual has training in the recognition of signs of opiate overdose and the use
of opiate antagonists as part of the emergency response to opiate overdose.

(c) Nothing in this section prohibits the possession and administration of naloxone
pursuant to section 604A.04.

Sec. 4.

Minnesota Statutes 2018, section 241.025, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is limited to the new text begin activities related to the new text end arrest of Department of
Corrections' discretionary and statutory released violators and Department of Corrections'
escapees. new text begin The Department of Corrections Fugitive Apprehension Unit may exercise general
law enforcement duties upon request for assistance from a law enforcement agency and is
subject to availability and resources of the Department of Corrections Fugitive Apprehension
Unit.
new text end

Sec. 5.

Minnesota Statutes 2018, section 241.025, subdivision 2, is amended to read:

Subd. 2.

Limitations.

The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdiction deleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction in which a new crime is committed.

Sec. 6.

Minnesota Statutes 2018, section 241.75, subdivision 2, is amended to read:

Subd. 2.

Health care decisions.

The medical director of the Department of Corrections
may make a health care decision for an inmate incarcerated in a state correctional facility
new text begin or placed in an outside facility on conditional medical release new text end if the inmate's attending
physician determines that the inmate lacks decision-making capacity and:

(1) there is not a documented health care agent designated by the inmate or the health
care agent is not reasonably available to make the health care decision;

(2) if there is a documented health care directive, the decision is consistent with that
directive;

(3) the decision is consistent with reasonable medical practice and other applicable law;
and

(4) the medical director has made a good faith attempt to consult with the inmate's next
of kin or emergency contact person in making the decision, to the extent those persons are
reasonably available.

Sec. 7.

Minnesota Statutes 2018, section 242.192, is amended to read:

242.192 CHARGES TO COUNTIES.

The commissioner shall charge counties or other appropriate jurisdictions 65 percent of
the per diem cost of confinement, excluding educational costs and nonbillable service, of
juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed
to the commissioner of corrections. This charge applies to juveniles committed to the
commissioner of corrections and juveniles admitted to the Minnesota Correctional
Facility-Red Wing under established admissions criteria. This charge applies to both counties
that participate in the Community Corrections Act and those that do not. The commissioner
shall determine the per diem cost of confinement based on projected population, pricing
incentives, new text begin and new text end market conditions deleted text begin , and the requirement that expense and revenue balance
out over a period of two years deleted text end . All money received under this section must be deposited in
the state treasury and credited to the general fund.

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 401.13, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-4319

401.13 COSTS OF CONFINEMENT; PAYMENT.

Each participating county will be charged a sum equal to the actual per diem cost of confinement, excluding educational costs, of those juveniles committed to the commissioner and confined in a state correctional facility. The commissioner shall annually determine costs making necessary adjustments to reflect the actual costs of confinement. The commissioner of corrections shall bill the counties and deposit the receipts from the counties in the general fund. All charges shall be a charge upon the county of commitment.