HF 3928

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; implementing certain recommendations of the
legislative auditor concerning substance abuse treatment; amending Minnesota
Statutes 2004, section 241.016, subdivision 1; Minnesota Statutes 2005
Supplement, section 241.06, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 241.

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

Section 1.

Minnesota Statutes 2004, section 241.016, subdivision 1, is amended to read:

Subdivision 1.

Biennial report.

(a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house
committees and divisions having jurisdiction over criminal justice funding by January
15, 2005, and every other year thereafter. The issuance and content of the report must
include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average
per diem, reported in a standard calculated method as outlined in the departmental policies
and procedures; and

(3) department annual statistics as outlined in the departmental policies and
procedures.

(b) The department shall maintain recidivism rates for adult facilities on an annual
basis. In addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described in paragraph
(a). When appropriate, the recidivism analysis must include education programs,
vocational programs, treatment programs, industry, and employment. new text begin In addition, when
reporting recidivism for the department's adult and juvenile facilities, the department shall
report on the extent to which offenders it has assessed as chemically dependent commit
new offenses, with separate recidivism rates reported for persons completing and not
completing the department's treatment programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 241.06, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Substance abuse information provided to supervising corrections
agency. new text end

new text begin When an offender is being released from prison, the commissioner shall provide
to the corrections agency that will supervise the offender prison records relating to that
offender's prison-based substance abuse assessments, treatment, and any other substance
abuse-related services provided to the offender. If the offender did not participate in
the prison-based substance abuse program to which the offender was directed, the
commissioner shall provide the supervising agency with an explanation of the reasons.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

new text begin [241.40] PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT
PROCESS.
new text end

new text begin By January 15, 2007, and at least once every three years thereafter, the commissioner
shall ensure that an outside entity conducts an independent review of the department's
prison-based substance abuse assessment activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4.

new text begin [241.415] RELEASE PLANS; SUBSTANCE ABUSE.
new text end

new text begin The commissioner shall cooperate with community-based corrections agencies to
determine how best to address the substance abuse treatment needs of offenders who are
being released from prison. The commissioner shall ensure that an offender's prison
release plan adequately addresses the offender's needs for substance abuse assessment,
treatment, or other services following release, within the limits of available resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5.

new text begin [241.416] SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
new text end

new text begin The commissioner shall keep adequate records regarding inmate participation in
substance abuse treatment programs. For inmates who did not comply with directives to
participate in substance abuse treatment programs, these records must include the reasons
why the inmate did not do so.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 6. new text begin SUBSTANCE ABUSE TREATMENT; RECOMMENDATIONS,
REPORT.
new text end

new text begin (a) The commissioner of corrections shall make recommendations to:
new text end

new text begin (1) improve the availability of prison-based substance abuse treatment programming
and related services; and
new text end

new text begin (2) better ensure that offenders released from prison receive appropriate
community-based substance abuse treatment and services.
new text end

new text begin These recommendations must include an estimate of the financial costs associated with
implementing them.
new text end

new text begin (b) The commissioner shall recommend changes in prison-based programs or release
plans to improve the postprison release outcomes of:
new text end

new text begin (1) inmates who are directed to complete prison-based short-term substance abuse
programs; and
new text end

new text begin (2) inmates who fail the prison-based substance abuse programs they start.
new text end

new text begin (c) By January 15, 2007, the commissioner shall report to the chairs and ranking
minority members of the senate and house committees and divisions having jurisdiction
over criminal justice policy and funding on the commissioner's recommendations under
paragraphs (a) and (b).
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