SF 5484

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/30/2024 09:09am

A bill for an act
relating to public safety; limiting segregated housing in Minnesota jails and prisons;
prohibiting solitary confinement; requiring rulemaking; requiring reports; amending
Minnesota Statutes 2022, section 243.521.

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

Section 1.

Minnesota Statutes 2022, section 243.521, is amended to read:

243.521 ADMINISTRATIVE AND DISCIPLINARY SEGREGATION.

Subdivision 1.

Authorization.

In any deleted text begin adult deleted text end new text begin state or local new text end correctional facility deleted text begin under the
control of the commissioner of corrections deleted text end new text begin for adults new text end , the commissioner new text begin or head of the
facility new text end may require an inmate to be placed on disciplinary segregation status for rule
violations or on administrative segregation status when the continued presence of the inmate
in general population would pose a serious threat to life deleted text begin , property, self, deleted text end new text begin or physical safety
of new text end staff deleted text begin , deleted text end or other inmates deleted text begin or to the security or orderly running of the institution deleted text end . Inmates
pending investigation for trial on a criminal act or pending transfer may be included, provided
the deleted text begin warden's deleted text end new text begin facility head's new text end written approval is sought and granted within seven business
days of placing the inmate in restrictive housing under this provision. The deleted text begin warden deleted text end new text begin head new text end of
each facility must document any time approval is granted and the reason for it, and submit
a quarterly report to the commissioner deleted text begin of corrections deleted text end .

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

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

new text begin (b) "Administrative segregation" means a restrictive housing unit separate from general
population with limited privileges for the inmate. The term applies to inmates who are
segregated from general population for nonpunitive health or safety reasons.
new text end

new text begin (c) "Commissioner" means the commissioner of corrections.
new text end

new text begin (d) "Contraband" means any item possessed by an inmate that is prohibited by statute
or facility policy. This includes items that are authorized but in excess of allowable limits.
new text end

new text begin (e) "Department" means the Department of Corrections.
new text end

new text begin (f) "Disciplinary segregation" means a restrictive housing unit separate from general
population with limited privileges.
new text end

new text begin (g) "General population" refers to inmates who are held in the facility and are not subject
to any form of segregation.
new text end

new text begin (h) "In-house segregation" occurs when an inmate is assigned to segregation status, and
the inmate's movement and privileges are limited, but the inmate is not moved from their
general population housing.
new text end

new text begin (i) "Major discipline" includes infractions that relate to the safety of inmates, staff, or
the public. This type of discipline may lead to segregation.
new text end

new text begin (j) "Minor discipline" includes infractions that do not relate to the safety of inmates,
staff, or the public. This type of discipline may not lead to segregation.
new text end

new text begin (k) "Property request slip" means a printed form issued by the facility that offenders use
to request their personal property while in segregation.
new text end

new text begin (l) "Protective custody" means inmates who are isolated from the general population for
their safety because of a certain personal quality of the inmate.
new text end

new text begin (m) "Serious threat to safety" occurs when there has been a finding of imminent danger
of an injury or threat to life.
new text end

new text begin (n) "Solitary confinement" means confinement in a cell that deprives the inmate of
meaningful visual or auditory contact with other people for periods of more than 20 hours
in a day or 45 hours in any three-day period. Solitary confinement includes confinement in
a cell with soundproof doors that deprive inmates of meaningful auditory and visual contact
with other people. Meaningful visual contact includes the ability to see a person's face and
interpret facial expressions. Meaningful auditory contact includes the ability to hold a
conversation or dialogue for five minutes or more.
new text end

new text begin (o) "Temporary segregation" means a status assigned to an inmate alleged to have
committed a rule violation, who demonstrates behavior that is a risk to safety, and requires
removal pending formal disciplinary review or who is pending an investigation for placement
in administrative segregation. Temporary segregation shall not last for more than five
business days.
new text end

new text begin (p) "Unassigned idle or temporary idle" includes inmates who are confined to their cells
for ..... hours a day because they have recently been terminated from assignment, because
they have recently been released from segregation, or because they refuse to work or
participate in a program.
new text end

new text begin (q) "Vulnerable populations" means an inmate who is: 18 years of age or younger,
pregnant, postpartum, diagnosed with a mental illness or developmental disability, or
diagnosed with a traumatic brain injury; suffers from a serious physical impairment; or
requires specialized medical treatment.
new text end

new text begin Subd. 1b. new text end

new text begin Scope. new text end

new text begin This section applies to both state and local adult correctional facilities.
new text end

Subd. 2.

Conditions in segregated housing.

deleted text begin The restrictive deleted text end new text begin (a) All segregated new text end housing
deleted text begin unit deleted text end new text begin units new text end shall provide living conditions that are approximate to those offenders in general
population, including deleted text begin reduced lighting during nighttime hours. deleted text end new text begin :
new text end

new text begin (1) reduced lighting during nighttime hours;
new text end

new text begin (2) no unnecessarily loud noises to purposely disrupt an inmate;
new text end

new text begin (3) adequate and operating lighting, heating and cooling, and ventilation for the comfort
of the inmate;
new text end

new text begin (4) seating separate from a bed;
new text end

new text begin (5) rooms that are clean and resistant to suicide and self-harm;
new text end

new text begin (6) access to fresh drinking water at all times; and
new text end

new text begin (7) adequate food.
new text end

new text begin (b) An inmate placed in a segregated housing unit shall be screened by a third-party
medical professional within the first 24 hours of placement, again within the first three days
following placement, and then every seven days following placement. If the inmate is losing
weight or requests to be given more food, the inmate's amount of food shall be increased
as recommended by the medical professional.
new text end

new text begin (c) All inmates shall be given the following personal effects in segregation within the
first two hours of placement:
new text end

new text begin (1) personal clothing, including but not limited to sufficient underwear, socks, long
sleeve shirts, and thermal clothing;
new text end

new text begin (2) personal hygiene items, including but not limited to shampoo, deodorant, toothpaste,
toothbrush, floss, hairbrush or comb, shower shoes, lotion, lip moisturizer such as petroleum
jelly, and menstrual products; and
new text end

new text begin (3) medications or other medical necessity items.
new text end

new text begin If an inmate does not have these personal items, the facility shall provide the items to the
inmate within two hours of being placed in segregation. These items shall be properly
cleaned before being distributed to inmates. The facility may provide a facility toothbrush,
floss, hairbrush, or comb to inmates as required for safety.
new text end

new text begin (d) All inmates shall be given the following personal effects in segregation within the
first 24 hours of placement:
new text end

new text begin (1) a reflective mirror, a calendar, and a clock to help the inmate know how much time
has passed and to prevent distortion;
new text end

new text begin (2) writing materials, including envelopes, a minimum of ten pieces of paper per week,
and a pencil; and
new text end

new text begin (3) reading materials.
new text end

new text begin If an inmate does not have these personal items, the facility shall provide them to the inmate
within 24 hours of being placed in segregation. All inmates may be granted access to other
personal items as part of the facility's reintegration and incentive programs.
new text end

new text begin (e) Inmates shall have access to the canteen within the first 72 hours of being placed in
segregation.
new text end

new text begin (f) Inmates shall be provided sufficient time for a shower, to communicate with their
friends and family outside the facility, and to recreate outside of their cell. This time shall
be separate from any programming implemented under subdivision 6. All inmates may be
granted further time outside of their cells as part of the facility's incentive and reintegration
programs.
new text end

new text begin (g) Access to legal representation for an inmate in segregation may not be restricted,
including allowances for professional visitation or phone calls with legal counsel.
new text end

new text begin (h) Disciplinary restrictions in segregation on access to personal belongings, resources,
and programming shall only be imposed after an inmate has abused a privilege as authorized
by written directives, guidance documents, and operational manuals. The abuse of the
privilege and disciplinary restriction must be documented. After one week, the personal
belonging or resource shall be reinstated. If the personal belonging or resource is not
reinstated, the officer choosing not to reinstate must provide a written report to the facility
head on why the privilege is not being reinstated. The department or, for local correctional
facilities, the facility head shall report annually to the chairs and ranking minority members
of the health finance and policy committee in the house of representatives and the health
and human services finance and policy committee in the senate, or any successor committees,
on the privileges taken away from inmates in segregation for abuses of such privilege or
facility and only as authorized by written directives, guidance documents, and operational
manuals.
new text end

new text begin (i) An inmate held in segregation must not be denied access or have access restricted to
food, water, mental health services, personal hygiene products, and medical care including
emergency medical care.
new text end

new text begin (j) The facility staff shall reply to requests made by inmates and accommodate inmates
in a timely manner, not to exceed six hours.
new text end

new text begin (k) Inmates shall have access to a formal grievance procedure at any point while in
segregation. The commissioner shall adopt rules to establish formal grievance procedures
for inmates in state and local correctional facilities to access while in any type of segregation,
including wellness housing.
new text end

new text begin (l) Rooms shall be at minimum eight feet by six feet.
new text end

new text begin (m) For medically required administrative segregation, the requirements in this
subdivision may be suspended to the extent that the requirement contradicts applicable
health standards.
new text end

Subd. 3.

Review of disciplinary segregation status.

new text begin (a) new text end The commissioner deleted text begin of corrections deleted text end
shall receive notification of all inmates with consecutive placement in a restrictive housing
setting for more than 30 days. This notification shall occur on a monthly basis. In the event
an inmate is placed into restrictive housing for more than 120 days, the reason for the
placement and the behavior management plan for the inmate shall be submitted to the
commissioner deleted text begin of corrections deleted text end .

new text begin (b) An inmate shall have meaningful opportunity to request review of their placement
into segregation. The commissioner shall, in collaboration with the commissioner of health,
adopt rules applicable to both state and local adult correctional facilities to create a policy
through which inmates can request review of their status in segregation at any point based
on concerns over their health or well-being. This policy must include review of the inmate's
segregation by the Department of Health or a third party who is not under the authority of
the Department of Corrections.
new text end

Subd. 4.

Graduated interventions.

The commissioner shall design and implement a
continuum of interventions, including informal sanctions, administrative segregation, formal
discipline, disciplinary segregation, and step-down management. The commissioner shall
implement a method of due process for all offenders with formal discipline proceedings new text begin
under subdivision 12 new text end .

Subd. 5.

Mental health screening.

(a) If it is apparent that the inmate is exhibiting
serious symptoms of a mental illness that prevents the inmate from understanding or fully
participating in the disciplinary process, a mental health professional shall be consulted
regarding appropriate treatment and placement. For other inmates placed in a restrictive
setting, an inmate shall be screened by a health services staff member within 24 hours of
placement in a restrictive housing setting. If the screening indicates symptoms of a mental
illness, a qualified mental health professional shall be consulted regarding appropriate
treatment and placement. The health services staff member shall document any time an
inmate screens in for symptoms of a mental health illness and whether or not the health
services staff member connected with a mental health professional.

(b) If mental health staff believe the inmate's behavior may be more appropriately treated
through alternative interventions or programming, or determine that the inmate's actions
were the result of mental illness, this information must be considered during the disciplinary
process.

new text begin (c) If an inmate is placed in segregation for mental health or medical purposes, the facility
must notify the Department of Health as soon as the facility decides to place the inmate in
segregation. If an inmate begins exhibiting mental health or medical issues while in
segregation, the facility must notify the Department of Health immediately after learning
of these issues.
new text end

new text begin (d) The department shall collaborate with the Department of Health to develop and
implement policies for whether and how segregation is used for mental health or medical
purposes. These policies apply to both state and local correctional facilities.
new text end

new text begin Subd. 5a. new text end

new text begin Wellness housing. new text end

new text begin (a) The commissioner shall adopt rules in collaboration
with the commissioner of health applicable to both state and local correctional facilities to
create alternative wellness housing and to address risks in segregation for inmates who are
members of a vulnerable population.
new text end

new text begin (b) Wellness housing shall provide an alternative to administrative and segregated
housing for inmates who are members of a vulnerable population or otherwise experiencing
a mental health crisis.
new text end

new text begin (c) If an inmate is experiencing a mental health crisis or otherwise exhibiting signs of
mental illness, correctional staff shall follow the policies described in subdivision 5 to
determine the correct course of action for ensuring safety for the inmate in crisis and the
other inmates and staff in the facility.
new text end

new text begin (d) Wellness housing shall provide meaningful access to social interaction, exercise,
access to personal effects, environmental stimulation, and therapeutic programming. The
conditions of wellness housing must be consistent with the conditions described in
subdivision 2. In addition, the inmate shall not be deprived of light, ventilation, regular
meals, medical and mental health care, personal hygiene, showers, mail, personal effects,
access to the canteen, religious observance, reading materials, regular exercise, programming,
or visitation in line with what is permitted in general population.
new text end

new text begin (e) Wellness housing may be created within the existing space for restrictive housing in
the facility but must include the conditions required in paragraph (d).
new text end

new text begin (f) An inmate may request placement in wellness housing for a limited period of time
by alerting any staff member of their request. If an inmate requests to be placed in wellness
housing, that time shall not exceed ten days in a year, with a maximum of five days within
each stay. Immediate health and safety risks shall be prioritized for placement in wellness
housing.
new text end

new text begin (g) An inmate placed in wellness housing on their own request shall be granted release
from wellness housing at any time upon their request.
new text end

new text begin (h) The department and, for local correctional facilities, the facility head shall report
annually to the chairs and ranking minority members of the health finance and policy
committee in the house of representatives and the health and human services finance and
policy committee in the senate, or any successor committee, on any inmate-initiated requests
to be placed in wellness housing under paragraph (f). This report shall include the number
of requests to be placed in wellness housing, the number of requests accepted and denied,
the reason for denial, and the average amount of days spent in wellness housing per inmate.
new text end

Subd. 6.

Mental health care within segregated housing.

new text begin (a) new text end A health services staff
member shall perform a daily wellness round in the restrictive housing setting. If a health
services staff member indicates symptoms of a mental illness, a qualified mental health
professional shall be consulted regarding appropriate treatment and placement new text begin and the staff
member must notify the Department of Health of the inmate in question's status new text end .

new text begin (b) The department shall collaborate with the Department of Health to develop and
implement policies for addressing mental illness issues that arise while an inmate is in
segregation. These policies apply both to state and local correctional facilities.
new text end

Subd. 7.

Incentives for return to the general population.

new text begin (a) new text end The commissioner shall
design and implement a system of incentives so that an inmate who demonstrates appropriate
behavior can earn additional privileges and an accelerated return to the general population. new text begin
As part of this system, all work assignments must be held open for inmates who are placed
in disciplinary or administrative segregation for 20 days or less, except where the disciplinary
segregation resulted from a violation at the worksite and the inmate's supervisor determined
the inmate is not fit to work at that site. The assignment committee or coordinator has
discretion to hold the job open for longer than 20 days, but not less. If the inmate is in
segregation for longer than 20 days and their job is not held for them, they shall be eligible
to apply for another job at any point during the last 15 days of their segregation sentence
in anticipation of their release from segregation.
new text end

new text begin (b) There shall be no unassigned idle or temporary idle period following segregation.
Inmates shall immediately reenter general population. Inmates shall have the option to return
to work on the first workday following the completion of their segregation sentence, either
returning to the job they held prior to segregation or beginning a new job.
new text end

new text begin (c) An inmate shall not be barred from any education programs for having been in
segregation for any period of time and for any requisite period after being released from
segregation.
new text end

new text begin (d) As part of its administration of job programming, the department and, for local
correctional facilities, the facility head shall prioritize making jobs available to inmates
coming out of segregation.
new text end

Subd. 8.

Discharge from segregated housing.

new text begin (a) new text end An inmate shall not be released into
the community directly from a stay in restrictive housing for 60 or more days absent a
compelling reason. In cases where there is a compelling reason, the commissioner deleted text begin of
corrections or deleted text end new text begin , new text end deputy commissioner new text begin , or facility head new text end shall directly authorize the inmate's
release into the community from restrictive housing.

new text begin (b) The facility shall not place in administrative or disciplinary segregation an inmate
who is within six months of their mandatory release date, parole release date, or statutory
release date unless the facility head or their designee certifies in writing, based on a
preponderance of the evidence, that the presence of the inmate in general population would
pose a grave risk of harm to others or to the security of the institution and all other less
restrictive options have been exhausted.
new text end

new text begin (c) The facility shall report annually to the chairs and ranking minority members of the
health finance and policy committee in the house of representatives and the health and
human services finance and policy committee in the senate, or any successor committee,
on any inmates placed in segregation within six months of their mandatory release date,
parole release date, or statutory release date. This report shall include the number of inmates
placed in segregation within six months prior to their release date, the reason for their
placement in segregation, and any attempts to use less restrictive options.
new text end

Subd. 9.

Reporting.

(a) By January 15, 2020, and by January 15 each year thereafter,
the commissioner deleted text begin of corrections deleted text end new text begin and, for local correctional facilities, the facility head new text end shall
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over public safety and judiciary on the status of
the implementation of the provisions in this section. This report shall include but not be
limited to data regarding:

(1) the number of inmates in each institution placed in restrictive housing during the
past year;

(2) the ages of inmates placed in restrictive housing during the past year;

(3) the number of inmates transferred from restrictive housing to the mental health unit;

(4) new text begin the number of requests to be placed in wellness housing, the number of requests
accepted and denied, the reason for denial, and the average amount of days spent in wellness
housing per inmate;
new text end

new text begin (5) new text end disciplinary sanctions by infraction;

deleted text begin (5) deleted text end new text begin (6) new text end the lengths of terms served in restrictive housing, including terms served
consecutively; deleted text begin and
deleted text end

deleted text begin (6) deleted text end new text begin (7) new text end the number of inmates by race in restrictive housing deleted text begin . deleted text end new text begin ;
new text end

new text begin (8) any inmates placed in segregation within six months of their mandatory release date,
parole release date, or statutory release date; and
new text end

new text begin (9) privileges taken away from inmates in segregation for abuses of such privilege or
facility and only as authorized by written directives, guidance documents, and operational
manuals.
new text end

(b) The department deleted text begin of Corrections deleted text end new text begin and, for local correctional facilities, the facility head new text end
shall submit a qualitative report detailing outcomes, measures, and challenges to
implementation of a step-down management program by deleted text begin April 1, 2020 deleted text end new text begin ..... new text end .

new text begin Subd. 10. new text end

new text begin Permitted use of administrative segregation. new text end

new text begin (a) The commissioner shall
adopt rules applicable to both state and local correctional facilities enumerating the
circumstances under which administrative segregation is permitted, limited to the following:
new text end

new text begin (1) the inmate must be a serious threat to the physical safety of staff or other inmates or
a serious escape risk; or
new text end

new text begin (2) the inmate refuses required medical screening, testing, or treatment for a
communicable disease and requires medical quarantine pursuant to applicable health
standards.
new text end

new text begin (b) If the inmate is a serious threat to their own self, the inmate shall be placed in wellness
housing or another alternative to segregation determined as required under subdivision 5.
An inmate may not be placed in administrative custody because they have been deemed in
need of protective custody. Such an inmate may only be placed in wellness housing or some
alternative housing that has equivalent access to general population privileges and resources.
new text end

new text begin (c) The facility shall place inmates in in-house segregation where possible before placing
an inmate in administrative segregation.
new text end

new text begin (d) Classification to administrative segregation for any of these reasons must meet the
standards under subdivisions 5 and 6.
new text end

new text begin (e) An inmate's time placed in administrative segregation must be determined
proportionately to the reason for placement in administrative segregation. The commissioner
shall enumerate, by rule, applicable to both state and local correctional facilities, the
maximum number of days an inmate may be placed in administrative segregation, based
on the reason for placement, in collaboration with the Department of Health.
new text end

new text begin Subd. 11. new text end

new text begin Permitted use of disciplinary segregation. new text end

new text begin (a) The commissioner shall adopt
rules applicable to both state and local correctional facilities to identify which infractions
can lead to disciplinary segregation limited to the following major discipline infractions:
new text end

new text begin (1) infractions that are a serious threat to the physical safety of staff or other inmates;
new text end

new text begin (2) infractions relating to serious escape risk; or
new text end

new text begin (3) infractions relating to smuggling, selling, or making of alcohol or drugs.
new text end

new text begin (b) Suspected intoxicated or inebriated individuals without evidence of smuggling may
be placed in segregation for no more than 24 hours pursuant to the conditions in subdivision
2.
new text end

new text begin (c) No inmate shall be placed in disciplinary segregation for violation of a minor discipline
infraction.
new text end

new text begin (d) Inmates shall be placed in in-house segregation where possible before placing an
inmate in disciplinary segregation.
new text end

new text begin (e) Classification to disciplinary segregation for any of these reasons must meet the
standards under subdivisions 5 and 6.
new text end

new text begin (f) The commissioner shall adopt rules applicable to both state and local correctional
facilities enumerating the maximum number of days an inmate may be placed in disciplinary
segregation, per infraction type. Each and every inmate shall be given notice and meaningful
opportunity to comment on these rules and any subsequent amendments to these rules before
final application.
new text end

new text begin (g) Any placement over 90 days in disciplinary segregation must be approved by the
commissioner or, for local correctional facilities, the facility head.
new text end

new text begin Subd. 12. new text end

new text begin Notice and hearing process. new text end

new text begin The commissioner shall set forth a notice and
hearing process for administrative and disciplinary segregation in line with the following
as provided in this subdivision:
new text end

new text begin (1) for a notice in disciplinary segregation:
new text end

new text begin (i) an inmate who allegedly violates a nonviolent department or facility policy or rule
for the first time shall receive a written warning. The written warning shall include the
policy in question and the inmate's behavior that allegedly violated that policy. The inmate
shall not be placed in segregation for their first violation of the nonviolent policy. Nonviolent
policies include any policy that does not involve an act of physical violence;
new text end

new text begin (ii) an inmate who allegedly violates a nonviolent department or facility policy more
than once or violates a department or facility policy involving an act of physical violence
on the part of the inmate shall be informed, in writing, of the allegedly violated policy before
the inmate is removed from the general population; and
new text end

new text begin (iii) apprehension of an inmate falling under this subdivision with the purpose of
relocating the inmate into segregation shall be conducted by a maximum of three detention
facility staff. The staff may not handcuff or physically restrain the inmate except in extreme
circumstances where the inmate uses physical violence to actively resist relocation to
segregation;
new text end

new text begin (2) for a hearing in disciplinary segregation:
new text end

new text begin (i) an inmate placed in disciplinary segregation is entitled to a hearing where they can
present evidence showing they did not violate the department or facility policy as alleged.
An inmate must be given the opportunity to be fully heard;
new text end

new text begin (ii) the hearing officer must be a different person than the officer who filed the inmate's
original violation; and
new text end

new text begin (iii) the department or facility must establish and adhere to ranges of segregation durations
based on the severity of the violation. Violations of nonviolent policies may not result in
segregation stays longer than five days;
new text end

new text begin (3) for a notice in administrative segregation:
new text end

new text begin (i) an inmate must receive written notice of administrative segregation. An inmate may
not be placed in administrative segregation until after written notice with cause in accordance
with subdivision 10; and
new text end

new text begin (ii) transfer of an inmate to administrative segregation shall be conducted by a maximum
of three detention facility staff. The staff may not handcuff or physically restrain the inmate
except in extreme circumstances where the inmate uses physical violence to actively resist
relocation to segregation; and
new text end

new text begin (4) for an appeal of administrative segregation, an inmate is entitled to appeal their
placement in administrative segregation. This appeal must result in a hearing in accordance
with this subdivision.
new text end

new text begin Subd. 13. new text end

new text begin Vulnerable populations. new text end

new text begin On and after ....., no inmate who is a member of a
vulnerable population shall be placed in segregated housing. An inmate who is a member
of a vulnerable population may be assigned to wellness housing as described in subdivision
5a to protect their own selves, staff, or other inmates, or may be placed in wellness housing
upon their own request under subdivision 5a.
new text end

new text begin Subd. 14. new text end

new text begin Solitary confinement. new text end

new text begin No person shall be placed in solitary confinement.
new text end

new text begin Subd. 15. new text end

new text begin Temporary segregation. new text end

new text begin Temporary segregation shall not last for more than
five business days. Time in temporary segregation must count toward the time imposed by
the formal disciplinary review or administrative segregation investigation.
new text end

new text begin Subd. 16. new text end

new text begin Segregation policy creation and amendments. new text end

new text begin (a) Before January 1, 2025,
existing department segregation policies must be updated to implement the requirements
of this section. Beginning January 1, 2025, rules promulgated by the commissioner relating
to segregation, including but not limited to conditions in segregated housing, notice and
hearing process, graduated intervention, mental health housing, permitted uses of segregation,
and considerations of vulnerable populations, are not an exception to the Minnesota
Administrative Procedure Act under section 14.03, subdivision 3, paragraph (b), clause (1).
Segregation policies in place on December 31, 2024, may be enforced until rules adopted
under chapter 14 supersede them.
new text end

new text begin (b) The commissioner shall create a notice process for inmates to be aware of any changes
to segregation policies, including but not limited to what infractions may lead to segregation
and inmates' rights in segregation. Inmates shall have meaningful opportunity to write a
comment to these rules. These comments shall be reviewed by the commissioner before
final promulgation of each rule.
new text end

new text begin (c) The department shall report annually to the chairs and ranking minority members of
the health finance and policy committee in the house of representatives and the health and
human services finance and policy committee in the senate, or any successor committees,
on the comments made under paragraph (b).
new text end