reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.241 — Prison Gardening Program.

241.241 PRISON GARDENING PROGRAM.
The commissioner shall establish a gardening program for inmates at each correctional facility where space and security allows for operation of a garden. The garden shall be primarily tended by inmates. The commissioner shall strive to raise produce that can be used to feed inmates in state correctional facilities. The commissioner shall donate any portion of the harvest that cannot be used to feed inmates to food shelves and charities located near the correctional facility where the produce was grown.
History:
2012 c 155 s 3
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.251 — Press And Media Access For Inmates.

241.251 PRESS AND MEDIA ACCESS FOR INMATES.
Subdivision 1.
Right of press access.
Any inmate of a state correctional facility shall be permitted to speak in person or by phone at the inmate's own expense to any representative of the public news media, as defined in subdivision 4, on a daily basis between the hours of 8:00 a.m. and 9:00 p.m. except in emergency situations as defined in subdivision 5; provided that it does not interfere with the inmate's regularly assigned duties. The right to speak in person with a representative of the news media shall not constitute a regular facility visit.
Correctional authorities may limit the exercise of privileges conferred by this section by any individual inmate to one telephone call or interview per week.
Subd. 2.
Right of correspondence.
Any inmate or group of inmates of a state correctional facility shall be permitted to correspond by mail with any public news media or representatives thereof, as defined in subdivision 4, on a regular basis.
Subd. 3.
News media interviews.
Subject to the provisions of section 243.55 and the duty of the chief executive officer to take reasonable precautions to prevent the introduction of contraband into a correctional facility, representatives of the public news media shall, upon their own request, be permitted to interview any consenting inmate or representatives of a consenting group of inmates of the state at the times and under the circumstances described in subdivision 1. Any representative of the public news media who is denied access to a correctional facility must be given the reasons therefor in writing, and the representative may appeal such denial to the commissioner of corrections.
Subd. 4.
Definition; news media representative.
A "representative of the public news media" means a person employed by and authorized to represent any television station licensed by the Federal Communications Commission, any radio station licensed by the Federal Communications Commission, national wire service, or any newspaper or periodical having a monthly statewide circulation of at least 1,000 copies.
Subd. 5.
Definition; emergency.
An emergency shall be defined as a situation in which, in the best judgment of the correctional authorities, there is an imminent threat to life, security or property.
History:
1974 c 560 s 1; 1979 c 102 s 13; 1986 c 444
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.252 — Free Communication Services For Incarcerated Persons.

241.252 FREE COMMUNICATION SERVICES FOR INCARCERATED PERSONS.
Subdivision 1.
Free communication services.
(a) A state adult or juvenile facility under the control of the commissioner of corrections must provide incarcerated persons with voice communication services. A facility may supplement voice communication services with other communication services, including but not limited to video communication and email or electronic messaging services. A facility must at least continue to offer the services the facility offered as of January 1, 2023.
(b) To the extent that voice communication services are provided, which must not be limited beyond program participation and routine facility policies and procedures, neither the individual initiating the communication nor the individual receiving the communication must be charged for the service.
Subd. 2.
Voice communication services restrictions.
Nothing in this section allows an incarcerated person to violate an active protection order, harassment restraining order, or other no-contact order or directive.
Subd. 3.
State revenue prohibited.
A state agency must not receive revenue from the provision of voice communication services or any other communication services under this section, but an agency may collect commissions on communication services provided under any contract entered into before January 1, 2023.
Subd. 4.
Visitation programs.
(a) Facilities shall maintain in-person visits for incarcerated persons, and communication services must not be used to replace a facility's in-person visitation program.
(b) Notwithstanding paragraph (a), the commissioner may waive the in-person visitation program requirement under this subdivision if there is:
(1) a declared emergency under section 12.31; or
(2) a local-, state-, or federal-declared natural disaster.
Subd. 5.
Reporting.
The Department of Corrections must include the following information covering the previous calendar year in its annual performance report required under section 241.016:
(1) its efforts to renegotiate the agency's communication contracts, including the rates the agency is paying or charging incarcerated people or community members for any and all services in the contracts;
(2) a complete and detailed accounting of how legislatively appropriated funds for communication services are spent, including spending on expenses previously covered by commissions; and
(3) data on usage of all communication services, including monthly call and message volume.
Subd. 6.
Definitions.
For the purposes of this section, the following terms have the meanings given:
(1) "voice communications" means real-time, audio-only communication services, namely phone calls made over wireline telephony, voice over Internet protocol, or any other technology infrastructure; and
(2) "other communication services" means communication services other than voice communications, including but not limited to video calls and electronic messages.
History:
2023 c 52 art 11 s 11
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.265 — Higher Education; Certain Payments Prohibited.

241.265 HIGHER EDUCATION; CERTAIN PAYMENTS PROHIBITED.
The commissioner may not pay for a college education program beyond the associate of arts degree level for an inmate convicted of first- or second-degree murder. The commissioner of corrections may only pay for an associate of arts college education program for an inmate convicted of first or second degree murder if the inmate's participation in the program does not increase the cost of the program to the institution.
History:
1996 c 408 art 8 s 2
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.271 — Reimbursement Of Counties And Municipalities; Budget Request.

241.271 REIMBURSEMENT OF COUNTIES AND MUNICIPALITIES; BUDGET REQUEST.
The Department of Corrections shall include in its budget requests such amounts as may be claimed by any county or municipality necessary to reimburse said county or municipality for expenses of a county attorney or sheriff or municipal police department resulting from activities involving inmates of state correctional institutions located in its county or municipality.
History:
1974 c 557 s 11
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.275 — Productive Day Initiative Programs; Correctional Facilities.

241.275 PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL FACILITIES.
Subdivision 1.
Program establishment.
(a) As used in this section, "correctional facility" includes a community-based day program in which an adult or juvenile offender is placed as part of a sentence or disposition order, if the program provides close supervision of offenders through such means as electronic monitoring and drug and alcohol testing.
(b) All counties are encouraged to establish a productive day initiative program for adult and juvenile offenders under their jurisdiction. The productive day program shall be designed to motivate offenders to develop basic life and work skills through training and education, thereby creating opportunities for offenders to achieve more successful integration into the community upon their release.
Subd. 2.
Program components.
The productive day initiative programs may include, but are not limited to, components described in paragraphs (a) to (c).
(a) The initiative programs may contain programs designed to promote the offender's self-esteem, self-discipline, and economic self-sufficiency by providing structured training and education with respect to basic life skills, including hygiene, personal financial budgeting, literacy, and conflict management.
(b) The programs may contain individualized educational, vocational, and work programs designed to productively occupy an offender for at least eight hours a day.
(c) The program administrators may develop correctional industry programs, including marketing efforts to attract work opportunities both inside correctional facilities and outside in the community. Program options may include expanding and reorganizing on-site industry programs, locating off-site industry work areas, community service work programs, and employment programs. To develop innovative work programs, program administrators may enlist members of the business and labor community to help target possible productive enterprises for offender work programs.
(d) Whenever offenders are assigned to work within the correctional facility or with any state department or agency, local unit of government, or other government subdivision, the program administrator must certify to the appropriate bargaining agent that work performed by offenders will not result in the displacement of current employed workers or workers on seasonal layoff or layoff from a substantially equivalent position, including partial displacement such as reduction in hours of work other than overtime work, wages, or other employment benefits.
Subd. 3.
Eligibility.
The administrators of each productive day program shall develop criteria for offender eligibility for the program.
Subd. 4.
Evaluation.
The administrators of each of the productive day initiative programs shall develop program evaluation tools to monitor the success of the programs.
Subd. 5.
[Repealed, 1999 c 216 art 4 s 17]
History:
1994 c 636 art 6 s 4; 1996 c 408 art 8 s 3; 1999 c 216 art 4 s 5,6
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.278 — Agreements For Work Force Of State Or County Jail Inmates.

241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY JAIL INMATES.
The commissioner of corrections, in the interest of inmate rehabilitation or to promote programs under section 241.275, subdivision 2, may enter into interagency agreements with state, county, or municipal agencies, or contract with nonprofit agencies to manage, fund, or partially fund the cost of programs that use state or county jail inmates as a work force. The commissioner is authorized to receive funds via these agreements and these funds are appropriated to the commissioner for community service programming or when prison industries are party to the agreement, shall be deposited in the Minnesota correctional industries revolving fund for use as described under section 241.27, subdivision 2.
History:
1998 c 367 art 9 s 9; 2007 c 54 art 6 s 10
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.30 — Powers With Relation To Compact.

241.30 POWERS WITH RELATION TO COMPACT.
The commissioner of corrections or a designee is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular.
History:
1969 c 595 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.301 — Fingerprints Of Inmates, Parolees, And Probationers From Other States.

241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS FROM OTHER STATES.
The commissioner of corrections shall establish procedures so that whenever this state receives an inmate, parolee, or probationer from another state under sections 241.28 to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer are obtained and forwarded by electronic entry into a Bureau of Criminal Apprehension-managed searchable database within 24 hours of receipt. The bureau shall convert the fingerprints and thumbprints into an electronic format for entry into the searchable database within three business days of receipt if the data is not entered by the commissioner.
History:
1992 c 571 art 13 s 2; 2008 c 299 s 4; 2013 c 86 art 4 s 1
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.32 — Establishment And Operation By State.

241.32 ESTABLISHMENT AND OPERATION BY STATE.
Subdivision 1.
Community correctional programs.
The commissioner of corrections may establish and operate community correctional programs or contract with existing public and private agencies for separate custody or specialized care and treatment of persons under the commissioner's custody and control or under the custody and control of the commissioner of corrections or on conditional release under section 241.26.
Subd. 2.
Custodial control.
Any person admitted to a community correctional program by action of the commissioner of corrections shall be and remain under the control of the commissioner of corrections and may be conditionally released therefrom in the manner and for such periods of time as may be ordered by the commissioner.
Subd. 3.
Acquisition of program funds.
To establish and operate community correctional programs or to provide such services through agreement with public and private agencies the commissioner is authorized to accept gifts, grants, and subsidies from any lawful source and to negotiate with the federal government, or any agency, bureau, or department thereof to obtain funds for the purposes of this subdivision, which gifts, grants, subsidies, and funds are hereby appropriated to the commissioner.
Subd. 4.
Emergency housing rental agreements.
The commissioner of corrections may enter into rental agreements per industry standards for emergency housing for inmates.
History:
1971 c 685 s 1-3; 1973 c 622 s 2; 1973 c 654 s 15; 1975 c 271 s 6; 1983 c 274 s 18; 1986 c 444; 1Sp2001 c 9 art 18 s 10; 2002 c 379 art 1 s 113
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.33 — Definitions.

241.33 DEFINITIONS.
Subdivision 1.
Scope of definitions.
For purposes of sections 241.33 to 241.342, the following terms have the meanings given them.
Subd. 2.
Blood-borne pathogens.
"Blood-borne pathogens" means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).
Subd. 3.
Correctional facility.
"Correctional facility" means a state or local correctional facility.
Subd. 4.
Corrections employee.
"Corrections employee" means an employee of a state or local correctional agency.
Subd. 5.
Inmate.
"Inmate" means an individual who is in the custody or under the jurisdiction of the commissioner of corrections or a local correctional authority and is confined in a state or local correctional facility either before or after conviction.
Subd. 6.
Significant exposure.
"Significant exposure" means contact likely to transmit a blood-borne pathogen, in a manner supported by the most current guidelines and recommendations of the United States Public Health Service at the time an evaluation takes place, that includes:
(1) percutaneous injury, contact of mucous membrane or nonintact skin, or prolonged contact of intact skin; and
(2) contact, in a manner that may transmit a blood-borne pathogen, with blood, tissue, or potentially infectious body fluids.
History:
2000 c 422 s 27
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.331 — Conditions For Applicability Of Procedures.

241.331 CONDITIONS FOR APPLICABILITY OF PROCEDURES.
Subdivision 1.
Request for procedures.
A corrections employee may request that the procedures of sections 241.33 to 241.342 be followed when the corrections employee may have experienced a significant exposure to an inmate.
Subd. 2.
Conditions.
The correctional facility shall follow the procedures in sections 241.33 to 241.342 when all of the following conditions are met:
(1) a licensed physician determines that a significant exposure has occurred following the protocol under section 241.341;
(2) the licensed physician for the corrections employee needs the inmate's blood-borne pathogens test results to begin, continue, modify, or discontinue treatment in accordance with the most current guidelines of the United States Public Health Service, because of possible exposure to a blood-borne pathogen; and
(3) the corrections employee consents to providing a blood sample for testing for a blood-borne pathogen.
History:
2000 c 422 s 28
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.332 — Information Required To Be Given To Individuals.

241.332 INFORMATION REQUIRED TO BE GIVEN TO INDIVIDUALS.
Subdivision 1.
Information to inmate.
(a) Before seeking any consent required by the procedures under sections 241.33 to 241.342, a correctional facility shall inform the inmate that the inmate's blood-borne pathogen test results, without the inmate's name or other uniquely identifying information, shall be reported to the corrections employee if requested and that test results collected under sections 241.33 to 241.342 are for medical purposes as set forth in section 241.338 and may not be used as evidence in any criminal proceedings or civil proceedings, except for procedures under sections 144.4171 to 144.4186.
(b) The correctional facility shall inform the inmate of the insurance protections in section 72A.20, subdivision 29.
(c) The correctional facility shall inform the inmate that the inmate may refuse to provide a blood sample and that the inmate's refusal may result in a request for a court order to require the inmate to provide a blood sample.
(d) The correctional facility shall inform the inmate that the correctional facility will advise the corrections employee of the confidentiality requirements and penalties before the employee's health care provider discloses any test results.
Subd. 2.
Information to corrections employee.
(a) Before disclosing any information about the inmate, the correctional facility shall inform the corrections employee of the confidentiality requirements of section 241.339.
(b) The correctional facility shall inform the corrections employee of the insurance protections in section 72A.20, subdivision 29.
History:
2000 c 422 s 29; 2015 c 21 art 1 s 34
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.333 — Disclosure Of Positive Blood-borne Pathogen Test Results.

241.333 DISCLOSURE OF POSITIVE BLOOD-BORNE PATHOGEN TEST RESULTS.
If the conditions of sections 241.331 and 241.332 are met, the correctional facility shall ask the inmate if the inmate has ever had a positive test for a blood-borne pathogen. The correctional facility must attempt to get existing test results under this section before taking any steps to obtain a blood sample or to test for blood-borne pathogens. The correctional facility shall disclose the inmate's blood-borne pathogen test results to the corrections employee without the inmate's name or other uniquely identifying information.
History:
2000 c 422 s 30
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.334 — Consent Procedures Generally.

241.334 CONSENT PROCEDURES GENERALLY.
(a) For purposes of sections 241.33 to 241.342, whenever the correctional facility is required to seek consent, the correctional facility shall obtain consent from an inmate or an inmate's representative consistent with other law applicable to consent.
(b) Consent is not required if the correctional facility has made reasonable efforts to obtain the representative's consent and consent cannot be obtained within 24 hours of a significant exposure.
(c) If testing of available blood occurs without consent because the inmate is unconscious or unable to provide consent, and a representative cannot be located, the correctional facility shall provide the information required in section 241.332 to the inmate or representative whenever it is possible to do so.
(d) If an inmate dies before an opportunity to consent to blood collection or testing under sections 241.33 to 241.342, the correctional facility does not need consent of the inmate's representative for purposes of sections 241.33 to 241.342.
History:
2000 c 422 s 31
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.335 — Testing Of Available Blood.

241.335 TESTING OF AVAILABLE BLOOD.
Subdivision 1.
Procedures with consent.
If a sample of the inmate's blood is available, the correctional facility shall ensure that blood is tested for blood-borne pathogens with the consent of the inmate, provided the conditions in sections 241.331 and 241.332 are met.
Subd. 2.
Procedures without consent.
If the inmate has provided a blood sample, but does not consent to blood-borne pathogens testing, the correctional facility shall ensure that the blood is tested for blood-borne pathogens if the corrections employee requests the test, provided all of the following criteria are met:
(1) the corrections employee and correctional facility have documented exposure to blood or body fluids during performance of the employee's work duties;
(2) a licensed physician has determined that a significant exposure has occurred under section 241.341 and has documented that blood-borne pathogen test results are needed for beginning, modifying, continuing, or discontinuing medical treatment for the corrections employee as recommended by the most current guidelines of the United States Public Health Service;
(3) the corrections employee provides a blood sample for testing for blood-borne pathogens as soon as feasible;
(4) the correctional facility asks the inmate to consent to a test for blood-borne pathogens and the inmate does not consent;
(5) the correctional facility has provided the inmate and the corrections employee with all of the information required by section 241.332; and
(6) the correctional facility has informed the corrections employee of the confidentiality requirements of section 241.339.
Subd. 3.
Follow-up.
The correctional facility shall inform the inmate whose blood was tested of the results. The correctional facility shall inform the corrections employee's health care provider of the inmate's test results without the inmate's name or other uniquely identifying information.
History:
2000 c 422 s 32; 2015 c 21 art 1 s 35
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.337 — No Care Or Treatment Withheld.

241.337 NO CARE OR TREATMENT WITHHELD.
A correctional facility shall not withhold care or treatment on the requirement that the inmate consent to blood-borne pathogen testing under sections 241.33 to 241.342.
History:
2000 c 422 s 34
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.338 — Use Of Test Results.

241.338 USE OF TEST RESULTS.
Blood-borne pathogen test results of an inmate obtained under sections 241.33 to 241.342 are for diagnostic purposes and to determine the need for treatment or medical care specific to a blood-borne pathogen-related illness. The test results may not be used as evidence in any criminal proceedings or civil proceedings, except for procedures under sections 144.4171 to 144.4186.
History:
2000 c 422 s 35
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.339 — Test Information Confidentiality.

241.339 TEST INFORMATION CONFIDENTIALITY.
Test results obtained under sections 241.33 to 241.342 are private data as defined in sections 13.02, subdivision 12, and 13.85, subdivision 2, but shall be released as provided by sections 241.33 to 241.342.
History:
2000 c 422 s 36
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.341 — Protocol For Exposure To Blood-borne Pathogens.

241.341 PROTOCOL FOR EXPOSURE TO BLOOD-BORNE PATHOGENS.
(a) Correctional facilities shall follow applicable Occupational Safety and Health Administration guidelines under Code of Federal Regulations, title 29, part 1910.1030, for blood-borne pathogens.
(b) Every correctional facility shall adopt and follow a postexposure protocol for corrections employees who have experienced a significant exposure. The postexposure protocol must adhere to the most current recommendations of the United States Public Health Service and include, at a minimum, the following:
(1) a process for corrections employees to report an exposure in a timely fashion;
(2) a process for an infectious disease specialist, or a licensed physician who is knowledgeable about the most current recommendations of the United States Public Health Service in consultation with an infectious disease specialist, (i) to determine whether a significant exposure to one or more blood-borne pathogens has occurred, and (ii) to provide, under the direction of a licensed physician, a recommendation or recommendations for follow-up treatment appropriate to the particular blood-borne pathogen or pathogens for which a significant exposure has been determined;
(3) if there has been a significant exposure, a process to determine whether the inmate has a blood-borne pathogen through disclosure of test results, or through blood collection and testing as required by sections 241.33 to 241.342;
(4) a process for providing appropriate counseling prior to and following testing for a blood-borne pathogen regarding the likelihood of blood-borne pathogen transmission and follow-up recommendations according to the most current recommendations of the United States Public Health Service, recommendations for testing, and treatment;
(5) a process for providing appropriate counseling under clause (4) to the corrections employee and inmate; and
(6) compliance with applicable state and federal laws relating to data practices, confidentiality, informed consent, and the patient bill of rights.
History:
2000 c 422 s 38
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.342 — Immunity.

241.342 IMMUNITY.
A correctional facility, licensed physician, and designated health care personnel are immune from liability in any civil, administrative, or criminal action relating to the disclosure of test results of an inmate to a corrections employee and the testing of a blood sample from the inmate for blood-borne pathogens if a good faith effort has been made to comply with sections 241.33 to 241.342.
History:
2000 c 422 s 39
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.40 — Periodic Reviews Of Substance Abuse Assessment Process.

241.40 PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT PROCESS.
By January 15, 2007, and at least once every three years thereafter, the commissioner shall ensure that an outside entity conducts an independent review of the department's prison-based substance abuse assessment activities.
History:
2006 c 260 art 4 s 7
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.415 — Release Plans; Substance Abuse.

241.415 RELEASE PLANS; SUBSTANCE ABUSE.
The commissioner shall cooperate with community-based corrections agencies to determine how best to address the substance abuse treatment needs of offenders who are being released from prison. The commissioner shall ensure that an offender's prison release plan adequately addresses the offender's needs for substance abuse assessment, treatment, or other services following release, within the limits of available resources. The commissioner must provide individuals with known or stated histories of opioid use disorder with emergency opiate antagonist rescue kits upon release.
History:
2006 c 260 art 4 s 8; 2023 c 61 art 5 s 4
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.416 — Substance Abuse Programs; Record Keeping.

241.416 SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
The commissioner shall keep adequate records regarding inmate participation in substance abuse treatment programs. For inmates who did not comply with directives to participate in substance abuse treatment programs, these records must include the reasons why the inmate did not do so.
History:
2006 c 260 art 4 s 9
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.70 — Programs For Female Offenders.

241.70 PROGRAMS FOR FEMALE OFFENDERS.
Subdivision 1.
Type of programs.
Adult women charged with or convicted of crimes, and juvenile females charged with an offense that would be a crime if committed by an adult or adjudicated delinquent, shall be provided a range and quality of programming substantially equivalent to programming offered male persons charged with or convicted of crimes or delinquencies. Programs for female offenders shall be based upon the special needs of female offenders.
Subd. 2.
Model programs.
Within the limits of money appropriated, the commissioner of corrections shall provide model programs for female offenders which respond to statewide needs and geographical areas and shall award grants for the programs. Listed in the order of importance, the programs shall:
(1) respond in a rehabilitative way to the type of offenses female offenders generally commit;
(2) respond to the problems of female offenders with dependent children;
(3) respond to the importance of developing independent living skills;
(4) assist female offenders to overcome their own extreme degree of dependency; and
(5) prepare to offer technical assistance and training toward the implementation of other similar programs when requested by local communities.
Subd. 3.
County plans.
Counties shall annually submit a plan to the commissioner of corrections for approval which provides for services to female offenders in their area and which incorporates criteria for model programs established by the commissioner. Counties may agree to cooperate in preparing a joint plan and may submit and administer their plan jointly.
History:
1981 c 360 art 2 s 9; 1991 c 135 s 1
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.71 — Creation Of Advisory Task Force.

241.71 CREATION OF ADVISORY TASK FORCE.
The commissioner of corrections may appoint an advisory task force on the woman and juvenile female offender in corrections. The task force shall have no more than 20 members and shall reflect a statewide geographical representation. The provisions of section 15.059, subdivision 6, shall govern the terms, expenses, and removal of members of the advisory task force. Notwithstanding section 15.059, the advisory task force shall continue until it is terminated by the commissioner.
History:
1981 c 360 art 2 s 10; 1983 c 260 s 51; 1Sp1985 c 9 art 2 s 26; 1991 c 135 s 2
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.72 — Program Funding.

241.72 PROGRAM FUNDING.
Subdivision 1.
Grants-in-aid.
To assist those counties or agencies that have existing programs for the female offender, and to encourage counties and agencies to develop and implement programs, the commissioner of corrections, from funds appropriated for the purposes of sections 241.70 to 241.73, shall make grants-in-aid in those counties or to agencies electing to participate in the grant program established by sections 241.70 to 241.73. The percent of matching dollars provided by the county or agency for programming established in sections 241.70 to 241.73 shall be determined by the rules of the commissioner adopted under sections 14.22 to 14.28.
Subd. 2.
Applications.
To qualify for the grants-in-aid provided under this section, those counties or agencies with existing programs and those counties or agencies that want to participate shall, request that they be allowed to participate and submit an application or respond to a request for proposals in accordance with the provisions of section 241.70, subdivision 2, and the rules of the commissioner. An agency seeking funding for a program to serve female offenders on probation in a Community Corrections Act county shall obtain the endorsement of the county corrections authority before submitting a grant-in-aid application or proposal.
Subd. 3.
Multicounty or agency programs; local matching funds.
Where several counties or agencies combine to provide one or more of the programs under sections 241.70 to 241.73, the local matching funds shall be borne proportionately by the participating counties or agencies on the basis of need or use as determined by the rules of the commissioner.
History:
1981 c 360 art 2 s 11; 1991 c 135 s 3
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.73 — Duties Of Commissioner.

241.73 DUTIES OF COMMISSIONER.
The commissioner of corrections shall:
(1) review all county plans for programs for female offenders;
(2) review grant-in-aid applications or proposals for model programs and award grants for programs;
(3) appoint the members of the advisory task force created under section 241.71 and provide staff and other administrative services to the advisory task force;
(4) consult with the state advisory task force on the female offender in corrections before making a choice of the programs to be awarded funding;
(5) monitor the delivery of services provided under grant-in-aid programs for female offenders; and
(6) establish by rule a method of determining the amount of local matching contribution to receive a grant-in-aid under sections 241.70 to 241.73.
History:
1981 c 360 art 2 s 12; 1991 c 135 s 4
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.75 — Inmate Health Care Decisions.

241.75 INMATE HEALTH CARE DECISIONS.
Subdivision 1.
Definitions.
(a) Except as provided in paragraph (b), the definitions in chapter 145C apply to this section.
(b) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a person's physical or mental condition.
Subd. 2.
Health care decisions.
The medical director of the Department of Corrections may make a health care decision for an inmate incarcerated in a state correctional facility or placed in an outside facility on conditional medical release if the inmate's attending physician determines that the inmate lacks decision-making capacity and:
(1) there is not a documented health care agent designated by the inmate or the health care agent is not reasonably available to make the health care decision;
(2) if there is a documented health care directive, the decision is consistent with that directive;
(3) the decision is consistent with reasonable medical practice and other applicable law; and
(4) the medical director has made a good faith attempt to consult with the inmate's next of kin or emergency contact person in making the decision, to the extent those persons are reasonably available.
Subd. 3.
Disagreement regarding health care; guardianship petition.
If the medical director consults with an inmate's next of kin under subdivision 2, clause (4), and the inmate's next of kin and the medical director are not in agreement with respect to a health care decision, the commissioner may bring a petition under section 524.5-303 for appointment of a guardian with authority to make health care decisions for the inmate.
History:
2006 c 260 art 4 s 10; 2020 c 71 art 2 s 10
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.80 — American Indian Cultural Program.

241.80 AMERICAN INDIAN CULTURAL PROGRAM.
Subdivision 1.
Authority.
The commissioner of corrections shall develop a policy to provide the cultural programming services listed in subdivision 2 to American Indian inmates of all juvenile and adult state correctional facilities and community-based correctional programs. The commissioner may, within the limits of available money, contract with appropriate American Indian private, nonprofit organizations to provide the cultural programming services.
Subd. 2.
Cultural programming services.
The policy shall include, but need not be limited to, providing, within the limits of available money, spiritual and cultural programming services having the following purposes:
(1) the teaching of good work habits and the development of motivation through work;
(2) the development of cultural pride to improve American Indian self-image;
(3) the development of an understanding of and an adjustment to the cultural differences between American Indians and other ethnic groups;
(4) the development of attitudes of mutual trust, respect, and understanding among American Indian family members;
(5) the fostering of increased availability of medicine men and American Indian spiritual leaders to teach American Indian inmates about American Indian history, cultural sensitivity, and religion;
(6) the involvement of American Indian inmates in those aspects of the correctional system that will aid in their rehabilitation; and
(7) the provision of services to American Indian inmates that will facilitate their reentry into the community.
History:
1985 c 113 s 1; 2020 c 110 s 3
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.85 — Educational Assessments.

241.85 EDUCATIONAL ASSESSMENTS.
Subdivision 1.
Assessments; programming plans.
The commissioner of corrections shall develop an educational assessment to determine the educational status and needs of adults and juveniles in Department of Corrections facilities. The commissioner shall ensure that assessments are conducted on all individuals both upon their admittance and prior to their discharge from a facility. The commissioner shall create a programming plan for individuals on whom an admission assessment was conducted if the individual is admitted to an educational program. The plan must address any special needs identified by the assessment. The commissioner shall also determine methods to measure the educational progress of individuals during their stay at a facility.
Subd. 2.
[Repealed, 2007 c 54 art 6 s 20]
History:
1998 c 367 art 9 s 10
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.86 — Mentoring Grant For Children Of Incarcerated Parents.

241.86 MENTORING GRANT FOR CHILDREN OF INCARCERATED PARENTS.
Subdivision 1.
Mentoring grant.
The commissioner of corrections shall award a grant to nonprofit organizations that provide one-to-one mentoring relationships to youth enrolled between the ages of seven to 13 whose parent or other significant family member is incarcerated in a county workhouse, county jail, state prison, or other type of correctional facility or is subject to correctional supervision. The intent of the grant is to provide children with adult mentors to strengthen developmental outcomes, including enhanced self-confidence and esteem; improved academic performance; and improved relationships with peers, family, and other adults that may prevent them from entering the juvenile justice system.
Subd. 2.
Grant criteria.
As a condition of receiving grants, the grant recipients shall do the following:
(1) collaborate with other organizations that have a demonstrated history of providing services to youth and families in disadvantaged situations;
(2) implement procedures to ensure that 100 percent of the mentors pose no safety risk to the child and have the skills to participate in a mentoring relationship;
(3) provide enhanced training to mentors focusing on asset building and family dynamics when a parent is incarcerated; and
(4) provide an individual family plan and aftercare.
Subd. 3.
Program evaluation.
Grant recipients shall submit an evaluation plan to the commissioner delineating the program and student outcome goals and activities implemented to achieve the stated outcomes. The goals must be clearly stated and measurable. Grant recipients shall collect, analyze, and report on participation and outcome data that enable the department to verify that the program goals were met.
History:
2007 c 54 art 1 s 16
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.87 — Definitions.

241.87 DEFINITIONS.
As used in sections 241.88 and 241.89, the following terms have the meanings given:
(1) "certified doula" has the meaning given in section 148.995, subdivision 2;
(2) "correctional facility" has the meaning given in section 241.021, subdivision 1;
(3) "doula services" has the meaning given in section 148.995, subdivision 4;
(4) "postpartum" means the period of time following the birth of an infant to six months after the birth; and
(5) "restrain" means the use of a mechanical or other device to constrain the movement of a person's body or limbs.
History:
2014 c 234 s 1
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.88 — Restraining An Incarcerated Pregnant Woman.

241.88 RESTRAINING AN INCARCERATED PREGNANT WOMAN.
Subdivision 1.
Restraint.
(a) A representative of a correctional facility may not restrain a woman known to be pregnant unless the representative makes an individualized determination that restraints are reasonably necessary for the legitimate safety and security needs of the woman, correctional staff, other inmates, or the public. If restraints are determined to be necessary, the restraints must be the least restrictive available and the most reasonable under the circumstances.
(b) A representative of a correctional facility may not restrain a woman known to be pregnant while the woman is being transported if the restraint is through the use of waist chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs or other devices that cross or otherwise touch the woman's wrists when affixed behind the woman's back. If used, wrist restraints should be applied in such a way that the pregnant woman may be able to protect herself and her fetus in the event of a forward fall.
(c) A representative of a correctional facility may restrain a woman who is in labor or who has given birth within the preceding three days only if:
(1) there is a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the woman, the staff of the correctional or medical facility, other inmates, or the public;
(2) the representative has made an individualized determination that restraints are necessary to prevent escape or injury;
(3) there is no objection from the treating medical care provider; and
(4) the restraints used are the least restrictive type and are used in the least restrictive manner.
(d) Section 645.241 does not apply to this section.
Subd. 2.
Required training.
The head of each correctional facility shall ensure that staff members of the facility who come in contact with pregnant women incarcerated in the facility are provided training on the provisions of this section.
Subd. 3.
Required annual report.
By February 15 of each year, the commissioner shall report to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding on the use of restraints on pregnant women, women in labor, and women who have given birth in the preceding three days, who are incarcerated in state and local correctional facilities during the preceding calendar year. For reporting purposes, the use of restraints does not include use of handcuffs on the front of the body of a pregnant woman.
History:
2014 c 234 s 2; 2015 c 65 art 5 s 2,3
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 241 — Corrections; Department; Facilities › Section 241.89 — Requirements For An Incarcerated Woman.

241.89 REQUIREMENTS FOR AN INCARCERATED WOMAN.
Subdivision 1.
Applicability.
This section applies only to a woman:
(1) incarcerated following conviction; or
(2) incarcerated before conviction beyond the period specified for the woman's initial appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02.
Subd. 2.
Requirements.
(a) The head of each correctional facility shall ensure that every woman incarcerated at the facility:
(1) is tested for pregnancy on or before day 14 of incarceration, if under 50 years of age unless the inmate refuses the test;
(2) if pregnant, is provided the prevailing standard of care or current practice by the medical care provider's peer group;
(3) if pregnant or has given birth in the past six weeks, is provided appropriate educational materials and resources related to pregnancy, childbirth, breastfeeding, and parenting;
(4) if pregnant or has given birth in the past six weeks, has access to doula services if these services are provided by a certified doula without charge to the correctional facility or the incarcerated woman pays for the certified doula services;
(5) if pregnant or has given birth in the past six months, has access to a mental health assessment and, if necessary, treatment;
(6) if pregnant or has given birth in the past six months and determined to be suffering from a mental illness, has access to evidence-based mental health treatment including psychotropic medication;
(7) if pregnant or has given birth in the past six months and determined to be suffering from postpartum depression, has access to evidence-based therapeutic care for the depression; and
(8) if pregnant or has given birth in the past six months, is advised, orally or in writing, of applicable laws and policies governing incarcerated pregnant women.
(b) The commissioner of corrections, in consultation with the commissioner of health, may award grants to nonprofit organizations to provide access to doula services by a certified doula in accordance with paragraph (a), clause (4).
History:
2014 c 234 s 3; 2015 c 65 art 5 s 4,5