SF 4439

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 02:24pm

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

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

Section 1. new text begin PLANNING GROUP TO DECRIMINALIZE MENTAL ILLNESS.
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new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin 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.
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new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin 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:
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new text begin (1) training protocols and technical assistance for law enforcement;
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new text begin (2) incarceration rates and alternatives;
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new text begin (3) sentencing;
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new text begin (4) accessibility barriers and access to correctional programming;
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new text begin (5) probation, parole, and reentry;
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new text begin (6) competency;
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new text begin (7) access to health care;
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new text begin (8) prosecution and legal representation; and
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new text begin (9) other identified priorities of planning group members.
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new text begin Subd. 3. new text end

new text begin Members. new text end

new text begin The planning group must include the following members:
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new text begin (1) the commissioner of human services or a designee;
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new text begin (2) the commissioner of public safety or a designee;
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new text begin (3) the commissioner of corrections or a designee;
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new text begin (4) the commissioner of health or a designee;
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new text begin (5) the attorney general or a designee;
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new text begin (6) a representative of the judicial branch, appointed by the chief justice of the supreme
court;
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new text begin (7) one representative appointed by each of the following mental health organizations:
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new text begin (i) Mental Health Association of Minnesota;
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new text begin (ii) Minnesota Psychological Association;
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new text begin (iii) Minnesota Psychiatric Society; and
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new text begin (iv) National Alliance on Mental Illness (NAMI) Minnesota;
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new text begin (8) one representative appointed by each of the following:
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new text begin (i) State Advisory Council on Mental Health;
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new text begin (ii) the Minnesota Association of Community Mental Health Programs; and
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new text begin (iii) Minnesota Board of Psychology;
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new text begin (9) one representative appointed by each of the following:
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new text begin (i) the Minnesota Sheriffs' Association;
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new text begin (ii) the Minnesota Police and Peace Officers Association;
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new text begin (iii) the Minnesota Chiefs of Police Association; and
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new text begin (iv) the Minnesota County Attorneys Association;
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new text begin (10) a representative of local jail administrators, appointed by the jail administrators;
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new text begin (11) two individuals with mental illness who have experience with correctional residential
settings, appointed by the commissioner of corrections;
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new text begin (12) two individuals with mental illness who have experience in the criminal justice
system, appointed by the commissioner of corrections;
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new text begin (13) two parent advocates, appointed by the commissioner of corrections; and
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new text begin (14) any other interested stakeholders as identified by advocacy organizations and the
commissioner of corrections, with consideration given to statewide and regional
representation.
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new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin 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.
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new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Members of the planning group shall serve without
compensation or reimbursement for expenses.
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new text begin Subd. 6. new text end

new text begin Administrative support. new text end

new text begin The commissioner of administration shall provide
three administrative support staff for the working group and arrange meeting space.
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new text begin Subd. 7. new text end

new text begin Reports to legislature. new text end

new text begin (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.
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new text begin (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).
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new text begin Subd. 8. new text end

new text begin Corrective Action. new text end

new text begin 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.
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new text begin Subd. 9. new text end

new text begin Report to commissioner. new text end

new text begin 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.
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new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin 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).
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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