1.1 	A bill for an act
1.2 	relating to public safety; implementing certain recommendations of the 
1.3 	legislative auditor concerning substance abuse treatment; amending Minnesota 
1.4 	Statutes 2004, section 241.016, subdivision 1; Minnesota Statutes 2005 
1.5 	Supplement, section 241.06, by adding a subdivision; proposing coding for new 
1.6 	law in Minnesota Statutes, chapter 241.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 241.016, subdivision 1, is amended to read:
1.9 		Subdivision 1.Biennial report. (a) The Department of Corrections shall submit a 
1.10 	performance report to the chairs and ranking minority members of the senate and house 
1.11 	committees and divisions having jurisdiction over criminal justice funding by January 
1.12 	15, 2005, and every other year thereafter. The issuance and content of the report must 
1.13 	include the following:
1.14 	(1) department strategic mission, goals, and objectives;
1.15 	(2) the department-wide per diem, adult facility-specific per diems, and an average 
1.16 	per diem, reported in a standard calculated method as outlined in the departmental policies 
1.17 	and procedures; and
1.18 	(3) department annual statistics as outlined in the departmental policies and 
1.19 	procedures.
1.20 	(b) The department shall maintain recidivism rates for adult facilities on an annual 
1.21 	basis. In addition, each year the department shall, on an alternating basis, complete a 
1.22 	recidivism analysis of adult facilities, juvenile services, and the community services 
1.23 	divisions and include a three-year recidivism analysis in the report described in paragraph 
1.24 	(a). When appropriate, the recidivism analysis must include education programs, 
1.25 	vocational programs, treatment programs, industry, and employment. In addition, when 
2.1 	reporting recidivism for the department's adult and juvenile facilities, the department shall 
2.2 	report on the extent to which offenders it has assessed as chemically dependent commit 
2.3 	new offenses, with separate recidivism rates reported for persons completing and not 
2.4 	completing the department's treatment programs.

2.5 	EFFECTIVE DATE. This section is effective July 1, 2006.

2.6 	Sec. 2. Minnesota Statutes 2005 Supplement, section 241.06, is amended by adding a 
2.7 	subdivision to read:
2.8 		Subd. 3.Substance abuse information provided to supervising corrections 
2.9 	agency.  When an offender is being released from prison, the commissioner shall provide 
2.10 	to the corrections agency that will supervise the offender prison records relating to that 
2.11 	offender's prison-based substance abuse assessments, treatment, and any other substance 
2.12 	abuse-related services provided to the offender. If the offender did not participate in 
2.13 	the prison-based substance abuse program to which the offender was directed, the 
2.14 	commissioner shall provide the supervising agency with an explanation of the reasons.

2.15 	EFFECTIVE DATE. This section is effective July 1, 2006.

2.16 	Sec. 3. [241.40] PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT 
2.17 	PROCESS.
2.18 	By January 15, 2007, and at least once every three years thereafter, the commissioner 
2.19 	shall ensure that an outside entity conducts an independent review of the department's 
2.20 	prison-based substance abuse assessment activities.

2.21 	EFFECTIVE DATE. This section is effective July 1, 2006.

2.22 	Sec. 4. [241.415] RELEASE PLANS; SUBSTANCE ABUSE.
2.23 	The commissioner shall cooperate with community-based corrections agencies to 
2.24 	determine how best to address the substance abuse treatment needs of offenders who are 
2.25 	being released from prison. The commissioner shall ensure that an offender's prison 
2.26 	release plan adequately addresses the offender's needs for substance abuse assessment, 
2.27 	treatment, or other services following release, within the limits of available resources.

2.28 	EFFECTIVE DATE. This section is effective July 1, 2006.

2.29 	Sec. 5. [241.416] SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
3.1 	The commissioner shall keep adequate records regarding inmate participation in 
3.2 	substance abuse treatment programs. For inmates who did not comply with directives to 
3.3 	participate in substance abuse treatment programs, these records must include the reasons 
3.4 	why the inmate did not do so.

3.5 	EFFECTIVE DATE. This section is effective July 1, 2006.

3.6 	Sec. 6. SUBSTANCE ABUSE TREATMENT; RECOMMENDATIONS, 
3.7 	REPORT.
 3.8 	(a) The commissioner of corrections shall make recommendations to:
3.9 	(1) improve the availability of prison-based substance abuse treatment programming 
3.10 	and related services; and
3.11 	(2) better ensure that offenders released from prison receive appropriate 
3.12 	community-based substance abuse treatment and services.
3.13 	These recommendations must include an estimate of the financial costs associated with 
3.14 	implementing them.
3.15 	(b) The commissioner shall recommend changes in prison-based programs or release 
3.16 	plans to improve the postprison release outcomes of:
3.17 	(1) inmates who are directed to complete prison-based short-term substance abuse 
3.18 	programs; and
3.19 	(2) inmates who fail the prison-based substance abuse programs they start.
3.20 	(c) By January 15, 2007, the commissioner shall report to the chairs and ranking 
3.21 	minority members of the senate and house committees and divisions having jurisdiction 
3.22 	over criminal justice policy and funding on the commissioner's recommendations under 
3.23 	paragraphs (a) and (b).

3.24 	EFFECTIVE DATE. This section is effective the day following final enactment.