HF 4923

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:17pm

A bill for an act
relating to corrections; establishing standards of basic medical care for confined
or incarcerated persons; providing for information release forms; requiring a
portable recording system for correctional facility and jail staff and correctional
officers; appropriating money; amending Minnesota Statutes 2022, section 241.021,
subdivisions 1i, 7, 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 2022, section 241.021, subdivision 1i, is amended to read:

Subd. 1i.

deleted text begin Definition deleted text end new text begin Definitions new text end .

new text begin (a) new text end As used in this section, new text begin the terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Basic medical care" means care which is medically necessary to maintain the good
health of persons confined or incarcerated in correctional facilities or jails. The care includes
but is not limited to:
new text end

new text begin (1) emergency care, including but not limited to hospitalization;
new text end

new text begin (2) ongoing treatment for health conditions a person had prior to being confined or
incarcerated and continues to have while confined or incarcerated;
new text end

new text begin (3) treatment for conditions arising while confined or incarcerated;
new text end

new text begin (4) treatment for mental illness and substance use disorders;
new text end

new text begin (5) the provision of required prescriptions, including but not limited to medications the
person was taking prior to being confined or incarcerated; and
new text end

new text begin (6) the provision of required medical devices, including but not limited to mobility
devices and sleep apnea devices.
new text end

new text begin (c) new text end "Correctional facility" means any facility, including a group home, having a residential
component, the primary purpose of which is to serve persons placed in facilities by a court,
court services department, parole authority, or other correctional agency having dispositional
power over persons charged with, convicted, or adjudicated guilty or delinquent.

new text begin (d) "Jail" means a county jail, workhouse, and lockup.
new text end

Sec. 2.

Minnesota Statutes 2022, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Basic health care. new text end

new text begin (a) Only licensed medical personnel with the appropriate
scope of practice shall make decisions relating to the medical care of persons confined or
incarcerated in correctional facilities or jails, including but not limited to determining whether
a confined or incarcerated person requires medical care. Failure to facilitate or provide basic
medical care for a person under the care of a correctional facility or jail in the state poses
a substantial risk of serious harm and constitutes deliberate indifference to the medical needs
of the person.
new text end

new text begin (b) A person who is harmed by a violation of this subdivision or if the person is deceased,
the surviving heirs, next of kin, or appointed trustee has a cause of action for injury caused
by the violation.
new text end

new text begin (c) A correctional facility or jail that violates this subdivision is subject to a correction
order or conditional license and other restrictions provided under this section. In addition
to the remedies provided under this section, if a correctional facility or jail has a third
violation or more of this subdivision, the commissioner may impose a fine of at least $5,000
but not more than $25,000 for each violation. The fine shall be collected by the commissioner
for deposit in the account for the Office of Ombudsperson for the Department of Corrections.
new text end

Sec. 3.

Minnesota Statutes 2022, section 241.021, subdivision 7, is amended to read:

Subd. 7.

Intake release of information.

All correctional facilities new text begin and jails new text end that confine
or incarcerate adults are required at intake to provide each person an authorization form to
release information related to that person's health or mental health condition and when that
information should be shared. new text begin This release form shall be a standardized form used by all
correctional facilities and jails in the state and shall be uniformly titled The Hardel Sherrell
Act Release of Medical Information Form. new text end This release form shall allow the individual to
select if the individual wants to require the correctional facility to make attempts to contact
the designated person to facilitate the sharing of health condition information upon
incapacitation or if the individual becomes unable to communicate or direct the sharing of
this information, so long as contact information was provided and the incapacitated individual
or individual who is unable to communicate or direct the sharing of this information is not
subject to a court order prohibiting contact with the designated person. new text begin This release form
shall also specify the medical rights of persons confined or incarcerated in correctional
facilities and jails.
new text end

Sec. 4.

new text begin [241.027] PORTABLE RECORDING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Correctional officers. new text end

new text begin All correctional officers and staff employed by
correctional facilities or jails shall be equipped with a portable recording system and record
all interactions with persons incarcerated in a correctional facility or jail, or while responding
to an institution emergency.
new text end

new text begin Subd. 2. new text end

new text begin Policy. new text end

new text begin The policies for the use of a portable recording system in correctional
facilities and jails must comply with the requirements in section 626.8473 regarding portable
recording system adoption and a written policy. These policies shall address the activation,
deactivation, storage, retention, access, and review of recordings captured by portable
recording system devices.
new text end

new text begin Subd. 3. new text end

new text begin Funding. new text end

new text begin The Department of Corrections shall provide funding to correctional
facilities and jails to cover the costs associated with the acquisition, maintenance, and
training related to portable recording systems.
new text end

Sec. 5. new text begin APPROPRIATION; MEDICAL CARE.
new text end

new text begin $370,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of corrections for a grant to a 501(c)(3) nonprofit community organization that has the
mission to prevent neglect or maltreatment of persons who are confined or incarcerated,
advocate for proper medical care for confined or incarcerated persons, provide healing
circles for communities, and provide connections between confined or incarcerated persons,
family, and correctional staff. The organization must use the appropriation to provide training
on the Hardel Sherrell Act for staff working in correctional facilities and jails and for persons
confined or incarcerated in correctional facilities and jails.
new text end