SF 1323

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 09:48am

A bill for an act
relating to public safety; corrections; creating an ombudsman for inmate mental
health services; appropriating money; amending Minnesota Statutes 2016, sections
243.48, subdivision 1; 253B.02, subdivision 10; 641.15, by adding subdivisions;
proposing coding for new law in Minnesota Statutes, chapters 13; 241.

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

Section 1.

new text begin [13.856] OMBUDSMAN FOR MENTAL HEALTH SERVICES IN
CORRECTIONAL OR DETENTION FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Private data. new text end

new text begin The following data maintained by the ombudsman for
mental health services in correctional or detention facilities under sections 241.41 to 241.45
are private data on individuals:
new text end

new text begin (1) data related to contacts made by clients seeking the assistance of the ombudsman,
except as specified in subdivisions 2 and 3;
new text end

new text begin (2) data recorded from personal and phone conversations and in correspondence between
the ombudsman's staff and any person interviewed during the course of an investigation;
new text end

new text begin (3) client index cards;
new text end

new text begin (4) case assignment data; and
new text end

new text begin (5) monthly closeout data.
new text end

new text begin Subd. 2. new text end

new text begin Confidential data. new text end

new text begin The written summary of the investigation maintained by
the ombudsman, to the extent it identifies individuals, is confidential data on individuals.
new text end

new text begin Subd. 3. new text end

new text begin Public data. new text end

new text begin Client name, client location, and the inmate identification number
assigned by the Department of Corrections maintained by the ombudsman are public.
new text end

new text begin Subd. 4. new text end

new text begin Access to data. new text end

new text begin The ombudsman for corrections has access to corrections and
detention data and medical data as provided under section 241.441.
new text end

Sec. 2.

new text begin [241.41] OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS;
FUNCTION.
new text end

new text begin The Office of Ombudsman for Mental Health Services in Correctional or Detention
Facilities shall promote the highest standards for treatment, competency, efficiency, and
justice with regard to persons in custody who have mental illnesses. The ombudsman is
appointed by the governor, serves in the unclassified service, shall be selected without regard
to political affiliation, and shall be a person highly competent and qualified to analyze
questions of mental health, law, administration, and public policy. The ombudsman may
only be removed for just cause. No person may serve as ombudsman while holding any
other public office. The ombudsman shall have the authority to investigate decisions, acts,
and other matters of the Department of Corrections and regional or local corrections or
detention facilities licensed or inspected by the commissioner of corrections.
new text end

Sec. 3.

new text begin [241.42] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of sections 241.41 to 241.45, the following
terms shall have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Administrative agency or agency. new text end

new text begin "Administrative agency" or "agency" means
any division, official, or employee of the Department of Corrections, the commissioner of
corrections, the Board of Pardons, and any regional or local correctional facility licensed
or inspected by the commissioner of corrections, whether public or private, established and
operated for the detention and confinement of adults or juveniles including, but not limited
to, programs or facilities operating under chapter 401, adult halfway homes, secure juvenile
detention facilities, juvenile residential facilities, municipal holding facilities, juvenile
temporary holdover facilities, regional or local jails, lockups, work houses, work farms, and
detention and treatment facilities, but does not include:
new text end

new text begin (1) any court or judge;
new text end

new text begin (2) any member of the senate or house of representatives of the state of Minnesota;
new text end

new text begin (3) the governor or the governor's personal staff;
new text end

new text begin (4) any instrumentality of the federal government of the United States; or
new text end

new text begin (5) any interstate compact.
new text end

new text begin Subd. 3. new text end

new text begin Ombudsman. new text end

new text begin "Ombudsman" means the Ombudsman for Mental Health Services
in Correctional or Detention Facilities.
new text end

Sec. 4.

new text begin [241.43] ORGANIZATION OF OFFICE OF OMBUDSMAN.
new text end

new text begin Subdivision 1. new text end

new text begin Employee selection. new text end

new text begin The ombudsman may select, appoint, and compensate
out of available funds such assistants and employees as deemed necessary to discharge
responsibilities. The ombudsman and full-time staff shall be members of the Minnesota
State Retirement System.
new text end

new text begin Subd. 2. new text end

new text begin Delegation of duties. new text end

new text begin The ombudsman may delegate to staff members any of
the ombudsman's authority or duties except the duty of making formal recommendations
to an administrative agency or reports to the Office of the Governor or the legislature.
new text end

Sec. 5.

new text begin [241.44] POWERS OF OMBUDSMAN; INVESTIGATIONS; ACTION ON
COMPLAINTS; RECOMMENDATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Powers. new text end

new text begin The ombudsman may:
new text end

new text begin (1) prescribe the methods by which complaints are to be made, reviewed, and acted
upon; provided, however, that the ombudsman may not levy a complaint fee;
new text end

new text begin (2) determine the scope and manner of investigations to be made;
new text end

new text begin (3) except as otherwise provided, determine the form, frequency, and distribution of
conclusions, recommendations, and proposals; provided, however, that the governor or a
representative may, at any time the governor deems it necessary, request and receive
information from the ombudsman. Neither the ombudsman nor any member of the
ombudsman's staff shall be compelled to testify or to produce evidence in any judicial or
administrative proceeding with respect to any matter involving the exercise of the
ombudsman's official duties except as may be necessary to enforce the provisions of sections
241.41 to 241.45;
new text end

new text begin (4) investigate, upon a complaint or upon personal initiative, any action of an
administrative agency;
new text end

new text begin (5) request, and shall be given access to, information in the possession of an
administrative agency deemed necessary for the discharge of responsibilities;
new text end

new text begin (6) examine the records and documents of an administrative agency;
new text end

new text begin (7) enter and inspect, at any time, premises within the control of an administrative agency;
new text end

new text begin (8) subpoena any person to appear, give testimony, or produce documentary or other
evidence which the ombudsman deems relevant to a matter under inquiry, and may petition
the appropriate state court to seek enforcement with the subpoena; provided, however, that
any witness at a hearing or before an investigation as herein provided, shall possess the
same privileges reserved to such a witness in the courts or under the laws of this state;
new text end

new text begin (9) bring an action in an appropriate state court to provide the operation of the powers
provided in this subdivision. The ombudsman may use the services of legal assistance to
Minnesota prisoners for legal counsel. The provisions of sections 241.41 to 241.45 are in
addition to other provisions of law under which any remedy or right of appeal or objection
is provided for any person, or any procedure provided for inquiry or investigation concerning
any matter. Nothing in sections 241.41 to 241.45 shall be construed to limit or affect any
other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary
process; and
new text end

new text begin (10) be present at commissioner of corrections parole and parole revocation hearings
and deliberations.
new text end

new text begin Subd. 1a. new text end

new text begin Actions against ombudsman. new text end

new text begin No proceeding or civil action except removal
from office or a proceeding brought pursuant to chapter 13 shall be commenced against the
ombudsman for actions taken pursuant to the provisions of sections 241.41 to 241.45, unless
the act or omission is actuated by malice or is grossly negligent.
new text end

new text begin Subd. 2. new text end

new text begin Matters appropriate for investigation. new text end

new text begin (a) In selecting matters for attention,
the ombudsman should address specifically the actions of an administrative agency which
may be:
new text end

new text begin (1) contrary to law or rule;
new text end

new text begin (2) unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of an
administrative agency;
new text end

new text begin (3) mistaken in law or arbitrary in the ascertainment of facts;
new text end

new text begin (4) unclear or inadequately explained when reasons should have been revealed; or
new text end

new text begin (5) inefficiently performed;
new text end

new text begin and may result in medical neglect or deteriorating mental health.
new text end

new text begin (b) The ombudsman may also be concerned with strengthening procedures and practices
which lessen the risk that objectionable actions of the administrative agency will occur.
new text end

new text begin Subd. 3. new text end

new text begin Complaints. new text end

new text begin (a) The ombudsman may receive a complaint from any source
concerning an action of an administrative agency. The ombudsman may, on personal motion
or at the request of another, investigate any action of an administrative agency.
new text end

new text begin (b) The ombudsman may exercise powers without regard to the finality of any action of
an administrative agency; however, the ombudsman may require a complainant to pursue
other remedies or channels of complaint open to the complainant before accepting or
investigating the complaint.
new text end

new text begin (c) After completing investigation of a complaint, the ombudsman shall inform the
complainant, the administrative agency, and the official or employee, of the action taken.
new text end

new text begin (d) A letter to the ombudsman from a person in an institution under the control of an
administrative agency shall be immediately forwarded, unopened, to the ombudsman's
office. A reply from the ombudsman to the person shall be delivered unopened to the person,
promptly after its receipt by the institution.
new text end

new text begin (e) No complainant shall be punished nor shall the general condition of the complainant's
confinement or treatment be unfavorably altered as a result of the complainant having made
a complaint to the ombudsman.
new text end

new text begin Subd. 3a. new text end

new text begin Investigation of adult local jails and detention facilities. new text end

new text begin Either the
ombudsman or the Department of Corrections jail inspection unit may investigate complaints
involving local adult jails and detention facilities. The ombudsman and Department of
Corrections must enter into an arrangement to ensure that services are not duplicated.
new text end

new text begin Subd. 4. new text end

new text begin Recommendations. new text end

new text begin (a) If, after duly considering a complaint and any material
the ombudsman deems pertinent, the ombudsman is of the opinion that the complaint is
valid, the ombudsman may recommend that an administrative agency:
new text end

new text begin (1) consider the matter further;
new text end

new text begin (2) modify or cancel its actions;
new text end

new text begin (3) alter a ruling;
new text end

new text begin (4) explain more fully the action in question; or
new text end

new text begin (5) take any other step which the ombudsman recommends to the administrative agency
involved.
new text end

new text begin If the ombudsman so requests, the agency shall within the time the ombudsman specifies
inform the ombudsman about the action taken on the ombudsman's recommendation or the
reasons for not complying with it.
new text end

new text begin (b) If the ombudsman has reason to believe that any public official or employee has
acted in a manner warranting criminal or disciplinary proceedings, the ombudsman may
refer the matter to the appropriate authorities.
new text end

new text begin (c) If the ombudsman believes that an action upon which a valid complaint is founded
has been dictated by a statute, and that the statute produces results or effects which are
unfair or otherwise objectionable, the ombudsman shall bring to the attention of the governor
and the legislature the ombudsman's view concerning desirable statutory change.
new text end

new text begin Subd. 5. new text end

new text begin Grants. new text end

new text begin The ombudsman may apply for and receive grants from public and
private entities for purposes of carrying out the ombudsman's powers and duties under
sections 241.41 to 241.45.
new text end

Sec. 6.

new text begin [241.441] OMBUDSMAN ACCESS TO DATA.
new text end

new text begin Notwithstanding section 13.384 or 13.85, the ombudsman has access to corrections and
detention data and medical data maintained by an agency and classified as private data on
individuals or confidential data on individuals when access to the data is necessary for the
ombudsman to perform the powers under section 241.44.
new text end

Sec. 7.

new text begin [241.45] PUBLICATION OF RECOMMENDATIONS; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Publication. new text end

new text begin The ombudsman may publish conclusions and suggestions
by transmitting them to the Office of the Governor. Before announcing a conclusion or
recommendation that expressly or impliedly criticizes an administrative agency, or any
person, the ombudsman shall consult with that agency or person. When publishing an opinion
adverse to an administrative agency or to any person, the ombudsman shall include in such
publication any statement of reasonable length made to the ombudsman by that agency or
person in defense or mitigation of the action.
new text end

new text begin Subd. 2. new text end

new text begin Annual reports. new text end

new text begin In addition to any reports the ombudsman may make on an
ad hoc basis, the ombudsman shall, at the end of each year, report to the governor concerning
the exercise of the ombudsman's functions during the preceding year.
new text end

Sec. 8.

Minnesota Statutes 2016, section 243.48, subdivision 1, is amended to read:

Subdivision 1.

General searches.

The commissioner of corrections, deleted text begin the deleted text end governor,
lieutenant governor, members of the legislature, new text begin ombudsman for mental health services in
correctional or detention facilities, new text end and state officers may visit the inmates at pleasure, but
no other persons without permission of the chief executive officer of the facility, under rules
prescribed by the commissioner. A moderate fee may be required of visitors, other than
those allowed to visit at pleasure. All fees so collected shall be reported and remitted to the
commissioner of management and budget under rules as the commissioner may deem proper,
and when so remitted shall be placed to the credit of the general fund.

Sec. 9.

Minnesota Statutes 2016, section 253B.02, subdivision 10, is amended to read:

Subd. 10.

Interested person.

"Interested person" means:

(1) an adult, including but not limited to, a public official, including a local welfare
agency acting under section 626.5561, new text begin a sheriff or jail administrator acting under section
634.031, new text end and the legal guardian, spouse, parent, legal counsel, adult child, next of kin, or
other person designated by a proposed patient; or

(2) a health plan company that is providing coverage for a proposed patient.

Sec. 10.

Minnesota Statutes 2016, section 641.15, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Mental health assessment. new text end

new text begin For prisoners who have screened positive for
mental illness and will be in custody for 14 days or more, the sheriff or local corrections
facility administrator shall provide for a diagnostic assessment by a mental health professional
as defined under section 245.462, subdivisions 9 and 18, unless the prisoner has had a
diagnostic assessment within the past year. In no event shall a diagnostic assessment required
under this subdivision be delayed beyond a prisoner's 20th day in custody. A treatment plan
shall be developed by the mental health professional within seven days of the assessment
and implemented promptly.
new text end

Sec. 11.

Minnesota Statutes 2016, section 641.15, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Prescription verification. new text end

new text begin As part of the intake procedure, the sheriff or local
corrections facility administrator shall ask the prisoner to declare, or electronically verify,
the name and dosage of any prescriptions used to treat mental illnesses along with the contact
information for the prisoner's prescribers, case managers, or mental health professionals.
The sheriff or local corrections facility administrator shall ask the prisoner to sign a release
of information in order to verify the prescription information.
new text end

Sec. 12.

Minnesota Statutes 2016, section 641.15, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Psychotropic drug requirement for prisoners with mental illness.
new text end

new text begin Notwithstanding subdivision 4, the county or regional jail or county correctional facility
must provide to a prisoner who has a prescription for a psychotropic drug, verified by a
pharmacist or the prescriber, the same psychotropic drug while incarcerated, even if the
medication is not on the county or regional jail or correctional facility's formulary, in order
to ensure the safety and continuity of care for prisoners with mental illness. At discharge,
the prisoner shall be provided with a 15-day supply of the medication, or the balance of the
unused medication, whichever is greater.
new text end

Sec. 13.

Minnesota Statutes 2016, section 641.15, is amended by adding a subdivision to
read:

new text begin Subd. 4b. new text end

new text begin Sheriff may apply for civil commitment, including authorization of
administration of neuroleptic medication. new text end

new text begin If there is reason to believe that a person in
custody in a county or regional jail is a danger to the person's self, the sheriff or jail
administrator may apply for prepetition screening as provided in section 253B.07, subdivision
1. Screening for persons in custody under this section shall include a determination of
whether hospitalization is medically necessary and feasible. If the person in custody was
admitted with a valid prescription for neuroleptic medication, but refuses medication, or if
the jail's medical assessment recommends administration of neuroleptic medication, and a
petition is recommended, the petition shall include a request for an order for the
administration of the medication as provided in section 253B.092, subdivision 8. The
medication shall be administered and monitored by qualified medical personnel.
new text end

Sec. 14. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2018 is appropriated from the general fund to the Department of
Human Services for grants to community-based mental health providers to develop and
implement the required treatment plans under section 10.
new text end