3.739 INJURY OR DEATH OF CONDITIONALLY RELEASED INMATE.
Subdivision 1. Permissible claims.
Claims and demands arising out of the circumstances
described in this subdivision shall be presented to, heard, and determined as provided in
(1) an injury to or death of an inmate of a state, regional, or local correctional facility
or county jail who has been conditionally released and ordered to perform compensated or
uncompensated work for a state agency, a political subdivision or public corporation of this state,
a nonprofit educational, medical, or social service agency, or a private business or individual, as a
condition of the release, while performing the work;
(2) an injury to or death of a person sentenced by a court, granted a suspended sentence
by a court, or subject to a court disposition order, and who, under court order, is performing
work (a) in restitution, (b) in lieu of or to work off fines or court ordered costs, (c) in lieu of
incarceration, or (d) as a term or condition of a sentence, suspended sentence, or disposition
order, while performing the work;
(3) an injury to or death of a person, who has been diverted from the court system and who is
performing work as described in paragraph (1) or (2) under a written agreement signed by the
person, and if a juvenile, by a parent or guardian; and
(4) an injury to or death of any person caused by an individual who was performing work as
described in paragraph (1), (2), or (3).
Subd. 2. Evaluation and payment of claims.
Claims of $500 or less subject to this
section shall be investigated by the state or local agency responsible for supervising the work
to determine if the claim is valid and if the loss is covered by the claimant's insurance. The
investigating agency shall submit all appropriate claims to the Department of Corrections.
Subject to the limitations contained in subdivision 2a, the department shall pay the portion of
an approved claim that is not covered by the claimant's insurance. This payment shall be made
within a reasonable time. On or before the first day of each legislative session, the department
shall submit to the appropriate committees of the senate and the house of representatives a list of
the claims paid by it during the preceding calendar year and shall be reimbursed by legislative
appropriation for the claims paid. For the purposes of this paragraph, in the case of a juvenile
claimant the term "claimant's insurance" includes the insurance of the juvenile's parents if the
juvenile is covered by the insurance.
A claim in excess of $500, and a claim that was not paid by the department may be
presented to, heard, and determined by the appropriate committees of the senate and the house of
representatives and, if approved, shall be paid pursuant to legislative claims procedure.
No juvenile claimant receiving payment under this section may be identified by name either
in the list of claimants submitted by the department or in the legislative appropriation.
Subd. 2a. Limitations.
Compensation paid under this section is limited to reimbursement for
medical expenses and compensation for permanent total disability, permanent partial disability, or
death. Reimbursement for medical expenses under this section is limited to the amount which
would be payable for the same expenses under the medical assistance program authorized under
chapter 256B. No compensation shall be paid under this section for pain and suffering. Payments
made under this section shall be reduced by any proceeds received by the claimant or the medical
care provider from any insurance policy covering the loss. For the purposes of this section,
"insurance policy" does not include the medical assistance program authorized under chapter
256B or the general assistance medical care program authorized under chapter 256D.
Subd. 3. Exclusive remedy.
The procedure established by this section is exclusive of all
other legal, equitable, and statutory remedies against the state, its political subdivisions, or
employees of the state or its political subdivisions.
History: 1979 c 260 s 2; 1984 c 513 s 1-3; 1985 c 242 s 1-3; 1986 c 444; 1988 c 469 art 1 s
1; 1996 c 360 s 7,8; 1998 c 367 art 9 s 1; 1999 c 126 s 1; 1999 c 169 s 7; 2000 c 260 s 1