1.1 	A bill for an act
1.2 	relating to public safety; corrections; creating an ombudsman for inmate mental 
1.3 	health services; appropriating money;amending Minnesota Statutes 2016, sections 
1.4 	243.48, subdivision 1; 253B.02, subdivision 10; 641.15, by adding subdivisions; 
1.5 	proposing coding for new law in Minnesota Statutes, chapters 13; 241.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [13.856] OMBUDSMAN FOR MENTAL HEALTH SERVICES IN 
1.8 	CORRECTIONAL OR DETENTION FACILITIES.
1.9 		Subdivision 1.Private data. The following data maintained by the ombudsman for 
1.10 	mental health services in correctional or detention facilities under sections 241.41 to 241.45 
1.11 	are private data on individuals:
1.12 	(1) data related to contacts made by clients seeking the assistance of the ombudsman, 
1.13 	except as specified in subdivisions 2 and 3;
1.14 	(2) data recorded from personal and phone conversations and in correspondence between 
1.15 	the ombudsman's staff and any person interviewed during the course of an investigation;
1.16 	(3) client index cards;
1.17 	(4) case assignment data; and
1.18 	(5) monthly closeout data.
1.19 		Subd. 2.Confidential data. The written summary of the investigation maintained by 
1.20 	the ombudsman, to the extent it identifies individuals, is confidential data on individuals.
1.21 		Subd. 3.Public data. Client name, client location, and the inmate identification number 
1.22 	assigned by the Department of Corrections maintained by the ombudsman are public.
2.1 		Subd. 4.Access to data. The ombudsman for corrections has access to corrections and 
2.2 	detention data and medical data as provided under section 241.441.

2.3 	Sec. 2. [241.41] OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS; 
2.4 	FUNCTION.
2.5 	The Office of Ombudsman for Mental Health Services in Correctional or Detention 
2.6 	Facilities shall promote the highest standards for treatment, competency, efficiency, and 
2.7 	justice with regard to persons in custody who have mental illnesses. The ombudsman is 
2.8 	appointed by the governor, serves in the unclassified service, shall be selected without regard 
2.9 	to political affiliation, and shall be a person highly competent and qualified to analyze 
2.10 	questions of mental health, law, administration, and public policy. The ombudsman may 
2.11 	only be removed for just cause. No person may serve as ombudsman while holding any 
2.12 	other public office. The ombudsman shall have the authority to investigate decisions, acts, 
2.13 	and other matters of the Department of Corrections and regional or local corrections or 
2.14 	detention facilities licensed or inspected by the commissioner of corrections.

2.15 	Sec. 3. [241.42] DEFINITIONS.
2.16 		Subdivision 1.Applicability. For the purposes of sections 241.41 to 241.45, the following 
2.17 	terms shall have the meanings given them.
2.18 		Subd. 2.Administrative agency or agency. "Administrative agency" or "agency" means 
2.19 	any division, official, or employee of the Department of Corrections, the commissioner of 
2.20 	corrections, the Board of Pardons, and any regional or local correctional facility licensed 
2.21 	or inspected by the commissioner of corrections, whether public or private, established and 
2.22 	operated for the detention and confinement of adults or juveniles including, but not limited 
2.23 	to, programs or facilities operating under chapter 401, adult halfway homes, secure juvenile 
2.24 	detention facilities, juvenile residential facilities, municipal holding facilities, juvenile 
2.25 	temporary holdover facilities, regional or local jails, lockups, work houses, work farms, and 
2.26 	detention and treatment facilities, but does not include:
2.27 	(1) any court or judge;
2.28 	(2) any member of the senate or house of representatives of the state of Minnesota;
2.29 	(3) the governor or the governor's personal staff;
2.30 	(4) any instrumentality of the federal government of the United States; or
2.31 	(5) any interstate compact.
3.1 		Subd. 3.Ombudsman. "Ombudsman" means the Ombudsman for Mental Health Services 
3.2 	in Correctional or Detention Facilities.

3.3 	Sec. 4. [241.43] ORGANIZATION OF OFFICE OF OMBUDSMAN.
3.4 		Subdivision 1.Employee selection. The ombudsman may select, appoint, and compensate 
3.5 	out of available funds such assistants and employees as deemed necessary to discharge 
3.6 	responsibilities. The ombudsman and full-time staff shall be members of the Minnesota 
3.7 	State Retirement System.
3.8 		Subd. 2.Delegation of duties. The ombudsman may delegate to staff members any of 
3.9 	the ombudsman's authority or duties except the duty of making formal recommendations 
3.10 	to an administrative agency or reports to the Office of the Governor or the legislature.

3.11 	Sec. 5. [241.44] POWERS OF OMBUDSMAN; INVESTIGATIONS; ACTION ON 
3.12 	COMPLAINTS; RECOMMENDATIONS.
3.13 		Subdivision 1.Powers. The ombudsman may:
3.14 	(1) prescribe the methods by which complaints are to be made, reviewed, and acted 
3.15 	upon; provided, however, that the ombudsman may not levy a complaint fee;
3.16 	(2) determine the scope and manner of investigations to be made;
3.17 	(3) except as otherwise provided, determine the form, frequency, and distribution of 
3.18 	conclusions, recommendations, and proposals; provided, however, that the governor or a 
3.19 	representative may, at any time the governor deems it necessary, request and receive 
3.20 	information from the ombudsman. Neither the ombudsman nor any member of the 
3.21 	ombudsman's staff shall be compelled to testify or to produce evidence in any judicial or 
3.22 	administrative proceeding with respect to any matter involving the exercise of the 
3.23 	ombudsman's official duties except as may be necessary to enforce the provisions of sections 
3.24 	241.41 to 241.45;
3.25 	(4) investigate, upon a complaint or upon personal initiative, any action of an 
3.26 	administrative agency;
3.27 	(5) request, and shall be given access to, information in the possession of an 
3.28 	administrative agency deemed necessary for the discharge of responsibilities;
3.29 	(6) examine the records and documents of an administrative agency;
3.30 	(7) enter and inspect, at any time, premises within the control of an administrative agency;
4.1 	(8) subpoena any person to appear, give testimony, or produce documentary or other 
4.2 	evidence which the ombudsman deems relevant to a matter under inquiry, and may petition 
4.3 	the appropriate state court to seek enforcement with the subpoena; provided, however, that 
4.4 	any witness at a hearing or before an investigation as herein provided, shall possess the 
4.5 	same privileges reserved to such a witness in the courts or under the laws of this state;
4.6 	(9) bring an action in an appropriate state court to provide the operation of the powers 
4.7 	provided in this subdivision. The ombudsman may use the services of legal assistance to 
4.8 	Minnesota prisoners for legal counsel. The provisions of sections 241.41 to 241.45 are in 
4.9 	addition to other provisions of law under which any remedy or right of appeal or objection 
4.10 	is provided for any person, or any procedure provided for inquiry or investigation concerning 
4.11 	any matter. Nothing in sections 241.41 to 241.45 shall be construed to limit or affect any 
4.12 	other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary 
4.13 	process; and
4.14 	(10) be present at commissioner of corrections parole and parole revocation hearings 
4.15 	and deliberations.
4.16 		Subd. 1a.Actions against ombudsman. No proceeding or civil action except removal 
4.17 	from office or a proceeding brought pursuant to chapter 13 shall be commenced against the 
4.18 	ombudsman for actions taken pursuant to the provisions of sections 241.41 to 241.45, unless 
4.19 	the act or omission is actuated by malice or is grossly negligent.
4.20 		Subd. 2.Matters appropriate for investigation. (a) In selecting matters for attention, 
4.21 	the ombudsman should address specifically the actions of an administrative agency which 
4.22 	may be:
4.23 	(1) contrary to law or rule;
4.24 	(2) unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of an 
4.25 	administrative agency;
4.26 	(3) mistaken in law or arbitrary in the ascertainment of facts;
4.27 	(4) unclear or inadequately explained when reasons should have been revealed; or
4.28 	(5) inefficiently performed;
4.29 	and may result in medical neglect or deteriorating mental health.
4.30 	(b) The ombudsman may also be concerned with strengthening procedures and practices 
4.31 	which lessen the risk that objectionable actions of the administrative agency will occur.
5.1 		Subd. 3.Complaints. (a) The ombudsman may receive a complaint from any source 
5.2 	concerning an action of an administrative agency. The ombudsman may, on personal motion 
5.3 	or at the request of another, investigate any action of an administrative agency.
5.4 	(b) The ombudsman may exercise powers without regard to the finality of any action of 
5.5 	an administrative agency; however, the ombudsman may require a complainant to pursue 
5.6 	other remedies or channels of complaint open to the complainant before accepting or 
5.7 	investigating the complaint.
5.8 	(c) After completing investigation of a complaint, the ombudsman shall inform the 
5.9 	complainant, the administrative agency, and the official or employee, of the action taken.
5.10 	(d) A letter to the ombudsman from a person in an institution under the control of an 
5.11 	administrative agency shall be immediately forwarded, unopened, to the ombudsman's 
5.12 	office. A reply from the ombudsman to the person shall be delivered unopened to the person, 
5.13 	promptly after its receipt by the institution.
5.14 	(e) No complainant shall be punished nor shall the general condition of the complainant's 
5.15 	confinement or treatment be unfavorably altered as a result of the complainant having made 
5.16 	a complaint to the ombudsman.
5.17 		Subd. 3a.Investigation of adult local jails and detention facilities. Either the 
5.18 	ombudsman or the Department of Corrections jail inspection unit may investigate complaints 
5.19 	involving local adult jails and detention facilities. The ombudsman and Department of 
5.20 	Corrections must enter into an arrangement to ensure that services are not duplicated.
5.21 		Subd. 4.Recommendations. (a) If, after duly considering a complaint and any material 
5.22 	the ombudsman deems pertinent, the ombudsman is of the opinion that the complaint is 
5.23 	valid, the ombudsman may recommend that an administrative agency:
5.24 	(1) consider the matter further;
5.25 	(2) modify or cancel its actions;
5.26 	(3) alter a ruling;
5.27 	(4) explain more fully the action in question; or
5.28 	(5) take any other step which the ombudsman recommends to the administrative agency 
5.29 	involved.
5.30 	If the ombudsman so requests, the agency shall within the time the ombudsman specifies 
5.31 	inform the ombudsman about the action taken on the ombudsman's recommendation or the 
5.32 	reasons for not complying with it.
6.1 	(b) If the ombudsman has reason to believe that any public official or employee has 
6.2 	acted in a manner warranting criminal or disciplinary proceedings, the ombudsman may 
6.3 	refer the matter to the appropriate authorities.
6.4 	(c) If the ombudsman believes that an action upon which a valid complaint is founded 
6.5 	has been dictated by a statute, and that the statute produces results or effects which are 
6.6 	unfair or otherwise objectionable, the ombudsman shall bring to the attention of the governor 
6.7 	and the legislature the ombudsman's view concerning desirable statutory change.
6.8 		Subd. 5.Grants. The ombudsman may apply for and receive grants from public and 
6.9 	private entities for purposes of carrying out the ombudsman's powers and duties under 
6.10 	sections 241.41 to 241.45.

6.11 	Sec. 6. [241.441] OMBUDSMAN ACCESS TO DATA.
6.12 	Notwithstanding section 13.384 or 13.85, the ombudsman has access to corrections and 
6.13 	detention data and medical data maintained by an agency and classified as private data on 
6.14 	individuals or confidential data on individuals when access to the data is necessary for the 
6.15 	ombudsman to perform the powers under section 241.44.

6.16 	Sec. 7. [241.45] PUBLICATION OF RECOMMENDATIONS; REPORTS.
6.17 		Subdivision 1.Publication. The ombudsman may publish conclusions and suggestions 
6.18 	by transmitting them to the Office of the Governor. Before announcing a conclusion or 
6.19 	recommendation that expressly or impliedly criticizes an administrative agency, or any 
6.20 	person, the ombudsman shall consult with that agency or person. When publishing an opinion 
6.21 	adverse to an administrative agency or to any person, the ombudsman shall include in such 
6.22 	publication any statement of reasonable length made to the ombudsman by that agency or 
6.23 	person in defense or mitigation of the action.
6.24 		Subd. 2.Annual reports. In addition to any reports the ombudsman may make on an 
6.25 	ad hoc basis, the ombudsman shall, at the end of each year, report to the governor concerning 
6.26 	the exercise of the ombudsman's functions during the preceding year.

6.27 	Sec. 8. Minnesota Statutes 2016, section 243.48, subdivision 1, is amended to read:
6.28 		Subdivision 1.General searches. The commissioner of corrections, the governor, 
6.29 	lieutenant governor, members of the legislature, ombudsman for mental health services in 
6.30 	correctional or detention facilities, and state officers may visit the inmates at pleasure, but 
6.31 	no other persons without permission of the chief executive officer of the facility, under rules 
6.32 	prescribed by the commissioner. A moderate fee may be required of visitors, other than 
7.1 	those allowed to visit at pleasure. All fees so collected shall be reported and remitted to the 
7.2 	commissioner of management and budget under rules as the commissioner may deem proper, 
7.3 	and when so remitted shall be placed to the credit of the general fund.

7.4 	Sec. 9. Minnesota Statutes 2016, section 253B.02, subdivision 10, is amended to read:
7.5 		Subd. 10.Interested person. "Interested person" means:
7.6 	(1) an adult, including but not limited to, a public official, including a local welfare 
7.7 	agency acting under section 626.5561, a sheriff or jail administrator acting under section 
7.8 	634.031, and the legal guardian, spouse, parent, legal counsel, adult child, next of kin, or 
7.9 	other person designated by a proposed patient; or
7.10 	(2) a health plan company that is providing coverage for a proposed patient.

7.11 	Sec. 10. Minnesota Statutes 2016, section 641.15, is amended by adding a subdivision to 
7.12 	read:
7.13 		Subd. 3b.Mental health assessment. For prisoners who have screened positive for 
7.14 	mental illness and will be in custody for 14 days or more, the sheriff or local corrections 
7.15 	facility administrator shall provide for a diagnostic assessment by a mental health professional 
7.16 	as defined under section 245.462, subdivisions 9 and 18, unless the prisoner has had a 
7.17 	diagnostic assessment within the past year. In no event shall a diagnostic assessment required 
7.18 	under this subdivision be delayed beyond a prisoner's 20th day in custody. A treatment plan 
7.19 	shall be developed by the mental health professional within seven days of the assessment 
7.20 	and implemented promptly.

7.21 	Sec. 11. Minnesota Statutes 2016, section 641.15, is amended by adding a subdivision to 
7.22 	read:
7.23 		Subd. 3c.Prescription verification. As part of the intake procedure, the sheriff or local 
7.24 	corrections facility administrator shall ask the prisoner to declare, or electronically verify, 
7.25 	the name and dosage of any prescriptions used to treat mental illnesses along with the contact 
7.26 	information for the prisoner's prescribers, case managers, or mental health professionals. 
7.27 	The sheriff or local corrections facility administrator shall ask the prisoner to sign a release 
7.28 	of information in order to verify the prescription information.

8.1 	Sec. 12. Minnesota Statutes 2016, section 641.15, is amended by adding a subdivision to 
8.2 	read:
8.3 		Subd. 4a.Psychotropic drug requirement for prisoners with mental illness.
 8.4 	Notwithstanding subdivision 4, the county or regional jail or county correctional facility 
8.5 	must provide to a prisoner who has a prescription for a psychotropic drug, verified by a 
8.6 	pharmacist or the prescriber, the same psychotropic drug while incarcerated, even if the 
8.7 	medication is not on the county or regional jail or correctional facility's formulary, in order 
8.8 	to ensure the safety and continuity of care for prisoners with mental illness. At discharge, 
8.9 	the prisoner shall be provided with a 15-day supply of the medication, or the balance of the 
8.10 	unused medication, whichever is greater.

8.11 	Sec. 13. Minnesota Statutes 2016, section 641.15, is amended by adding a subdivision to 
8.12 	read:
8.13 		Subd. 4b.Sheriff may apply for civil commitment, including authorization of 
8.14 	administration of neuroleptic medication. If there is reason to believe that a person in 
8.15 	custody in a county or regional jail is a danger to the person's self, the sheriff or jail 
8.16 	administrator may apply for prepetition screening as provided in section 253B.07, subdivision 
8.17 	1. Screening for persons in custody under this section shall include a determination of 
8.18 	whether hospitalization is medically necessary and feasible. If the person in custody was 
8.19 	admitted with a valid prescription for neuroleptic medication, but refuses medication, or if 
8.20 	the jail's medical assessment recommends administration of neuroleptic medication, and a 
8.21 	petition is recommended, the petition shall include a request for an order for the 
8.22 	administration of the medication as provided in section 253B.092, subdivision 8. The 
8.23 	medication shall be administered and monitored by qualified medical personnel.

8.24 	Sec. 14. APPROPRIATION.
 8.25 	$....... in fiscal year 2018 is appropriated from the general fund to the Department of 
8.26 	Human Services for grants to community-based mental health providers to develop and 
8.27 	implement the required treatment plans under section 10.