HF 3568

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/07/2020 01:16pm

A bill for an act
relating to criminal justice; providing for a planning group to decriminalize mental
illness; requiring reports; appropriating money.

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

Section 1. PLANNING GROUP TO DECRIMINALIZE MENTAL ILLNESS.

Subdivision 1.

Establishment.

A planning group is established to conduct a community
needs assessment and advise the legislature on the legal and policy issues associated with
the decriminalization of mental illness. The group shall assess best practices for law
enforcement, barriers in accessing courts, and disparities in correctional settings when
responding to persons with mental illness.

Subd. 2.

Duties.

The planning group shall study and review the barriers, best practices,
and strategies for addressing disparities in the criminal justice system and barriers to
accessing the courts for persons with mental illness, including:

(1) training protocols and technical assistance for law enforcement;

(2) incarceration rates and alternatives;

(3) sentencing;

(4) accessibility barriers and access to correctional programming;

(5) probation, parole, and reentry;

(6) competency;

(7) access to health care;

(8) prosecution and legal representation; and

(9) other identified priorities of planning group members.

Subd. 3.

Members.

The planning group must include the following members:

(1) the commissioner of human services or a designee;

(2) the commissioner of public safety or a designee;

(3) the commissioner of corrections or a designee;

(4) the commissioner of health or a designee;

(5) the attorney general or a designee;

(6) a representative of the judicial branch, appointed by the chief justice of the supreme
court;

(7) one representative appointed by each of the following mental health organizations:

(i) Mental Health Association of Minnesota;

(ii) Minnesota Psychological Association;

(iii) Minnesota Psychiatric Society; and

(iv) National Alliance on Mental Illness (NAMI) Minnesota;

(8) one representative appointed by each of the following:

(i) State Advisory Council on Mental Health;

(ii) the Minnesota Association of Community Mental Health Programs; and

(iii) Minnesota Board of Psychology;

(9) one representative appointed by each of the following:

(i) the Minnesota Sheriffs' Association;

(ii) the Minnesota Police and Peace Officers Association;

(iii) the Minnesota Chiefs of Police Association; and

(iv) the Minnesota County Attorneys Association;

(10) a representative of local jail administrators, appointed by the jail administrators;

(11) two individuals with mental illness who have experience with correctional residential
settings, appointed by the commissioner of corrections;

(12) two individuals with mental illness who have experience in the criminal justice
system, appointed by the commissioner of corrections;

(13) two parent advocates, appointed by the commissioner of corrections; and

(14) any other interested stakeholders as identified by advocacy organizations and the
commissioner of corrections, with consideration given to statewide and regional
representation.

Subd. 4.

Meetings.

The commissioner of administration or a designee shall convene the
first meeting of the planning group no later than September 1, 2020. Members of the planning
group shall elect a chair from among the group's members at the first meeting, and the
commissioner of administration or a designee shall serve as the working group's chair until
a chair is elected.

Subd. 5.

Compensation.

Members of the planning group shall serve without
compensation or reimbursement for expenses.

Subd. 6.

Administrative support.

The commissioner of administration shall provide
three administrative support staff for the working group and arrange meeting space.

Subd. 7.

Reports to legislature.

(a) The planning group shall submit no later than
December 1, 2022, a preliminary report identifying critical problems requiring early action
and recommending solutions to improve police response to persons with mental illness,
access to courts, and disparities in correctional settings for persons with mental illness to
the chairs and ranking minority members of the legislative committees with jurisdiction
over public safety, corrections, and civil law.

(b) The planning group shall submit no later than December 1, 2025, a final report of
the group's findings and recommendations for improving police response to persons with
mental illness, increasing access to the courts, and decreasing disparities in correctional
settings for persons with mental illness to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety, corrections, and civil law. The
final report shall also include an update on any corrective actions taken by the commissioners
of public safety and corrections to remedy the critical problems identified in paragraph (a).

Subd. 8.

Corrective Action.

The commissioners of public safety and corrections shall
take immediate corrective action to remedy critical problems identified in subdivision 7,
paragraph (a). The commissioner shall notify the group in writing if the commissioner
refuses to take immediate corrective action to remedy critical problems. If the commissioner
refuses to take immediate corrective action to remedy critical problems, the commissioner
shall include the reasons for the refusal in the written notification.

Subd. 9.

Report to commissioner.

The planning group shall submit to the commissioner
of corrections no later than December 1, 2025, a report that includes, at a minimum, suggested
rules correcting critical problems and requesting the commissioner to act within the
commissioner's existing rulemaking authority under Minnesota Statutes, section 241.021,
and subject to Minnesota Statutes, section 14.03. The commissioner shall notify the group
in writing of the department's proposed action to correct any critical problems. If the
commissioner refuses to take action, the commissioner shall include the reasons for the
refusal in the written notification.

Subd. 10.

Expiration.

The planning group expires the earlier of December 2, 2025, or
the day after the working group submits the final report required under subdivision 7,
paragraph (b).

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2. APPROPRIATION; COMMISSIONER OF ADMINISTRATION.

$312,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of administration to provide administrative staff and support for the planning group
established in section 1. The base for this activity is $286,000 for fiscal years 2022 to 2026.
The base for this activity is $0 beginning in fiscal year 2027.