Key: (1) language to be deleted (2) new language
CHAPTER 208-H.F.No. 1494
An act relating to corrections; modifying the law
prohibiting inmates from bringing actions to challenge
the level of expenditures for rehabilitation programs
and the law related to sanctions for frivolous or
malicious claims; amending Minnesota Statutes 1998,
sections 244.03; and 244.035.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 244.03, is
amended to read:
244.03 [REHABILITATIVE PROGRAMS.]
The commissioner shall provide appropriate mental health
programs and vocational and educational programs with
employment-related goals for inmates who desire to voluntarily
participate in such programs and for inmates who are required to
participate in the programs under the disciplinary offense rules
adopted by the commissioner under section 244.05, subdivision
1b. The selection, design and implementation of programs under
this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds
appropriated for such programs.
No action challenging the level of expenditures for
programs authorized under this section, nor any action
challenging the selection, design or implementation of these
programs, including employee assignments, may be maintained by
an inmate in any court in this state.
Sec. 2. Minnesota Statutes 1998, section 244.035, is
amended to read:
244.035 [SANCTIONS RELATED TO LITIGATION.]
(a) As used in this section, "board" means a licensing or
certification board.
(b) The commissioner shall develop disciplinary sanctions
to provide infraction penalties for an inmate who submits a
frivolous or malicious claim as determined under section 563.02,
subdivision 3, to a court or board, or who is determined by the
court or board to have testified falsely or to have submitted
false evidence to a court or board. Infraction penalties may
include loss of privileges, punitive segregation, loss of good
time, or adding discipline confinement time. The determination
of the commissioner regarding disciplinary sanctions under this
section is limited to the nature and extent of the infraction
penalty to be imposed. The commissioner is bound by the finding
of the court or board that the inmate submitted a frivolous or
malicious claim, testified falsely, or submitted false evidence.
(c) The court or board shall determine whether a claim is
frivolous or malicious under section 563.02, subdivision 3.
Presented to the governor May 21, 1999
Signed by the governor May 24, 1999, 9:42 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes