A bill for an act
relating to public safety; limiting segregated housing in Minnesota jails and prisons;
prohibiting solitary confinement; requiring rulemaking; requiring reports; amending
Minnesota Statutes 2022, section 243.521.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 243.521, is amended to read:
In any deleted text begin adultdeleted text end new text begin state or localnew text end correctional facility deleted text begin under the
control of the commissioner of correctionsdeleted text end new text begin for adultsnew text end , the commissionernew text begin or head of the
facilitynew text end may require an inmate to be placed on disciplinary segregation status for rule
violations or on administrative segregation status when the continued presence of the inmate
in general population would pose a serious threat to lifedeleted text begin , property, self,deleted text end new text begin or physical safety
ofnew text end staffdeleted text begin ,deleted text end or other inmates deleted text begin or to the security or orderly running of the institutiondeleted text end . Inmates
pending investigation for trial on a criminal act or pending transfer may be included, provided
the deleted text begin warden'sdeleted text end new text begin facility head'snew text end written approval is sought and granted within seven business
days of placing the inmate in restrictive housing under this provision. The deleted text begin wardendeleted text end new text begin headnew text end of
each facility must document any time approval is granted and the reason for it, and submit
a quarterly report to the commissioner deleted text begin of correctionsdeleted text end .
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(a) As used in this section, the following terms have the meanings
given.
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(b) "Administrative segregation" means a restrictive housing unit separate from general
population with limited privileges for the inmate. The term applies to inmates who are
segregated from general population for nonpunitive health or safety reasons.
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(c) "Commissioner" means the commissioner of corrections.
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(d) "Contraband" means any item possessed by an inmate that is prohibited by statute
or facility policy. This includes items that are authorized but in excess of allowable limits.
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(e) "Department" means the Department of Corrections.
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(f) "Disciplinary segregation" means a restrictive housing unit separate from general
population with limited privileges.
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(g) "General population" refers to inmates who are held in the facility and are not subject
to any form of segregation.
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(h) "In-house segregation" occurs when an inmate is assigned to segregation status, and
the inmate's movement and privileges are limited, but the inmate is not moved from their
general population housing.
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(i) "Major discipline" includes infractions that relate to the safety of inmates, staff, or
the public. This type of discipline may lead to segregation.
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(j) "Minor discipline" includes infractions that do not relate to the safety of inmates,
staff, or the public. This type of discipline may not lead to segregation.
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(k) "Property request slip" means a printed form issued by the facility that offenders use
to request their personal property while in segregation.
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(l) "Protective custody" means inmates who are isolated from the general population for
their safety because of a certain personal quality of the inmate.
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(m) "Serious threat to safety" occurs when there has been a finding of imminent danger
of an injury or threat to life.
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(n) "Solitary confinement" means confinement in a cell that deprives the inmate of
meaningful visual or auditory contact with other people for periods of more than 20 hours
in a day or 45 hours in any three-day period. Solitary confinement includes confinement in
a cell with soundproof doors that deprive inmates of meaningful auditory and visual contact
with other people. Meaningful visual contact includes the ability to see a person's face and
interpret facial expressions. Meaningful auditory contact includes the ability to hold a
conversation or dialogue for five minutes or more.
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(o) "Temporary segregation" means a status assigned to an inmate alleged to have
committed a rule violation, who demonstrates behavior that is a risk to safety, and requires
removal pending formal disciplinary review or who is pending an investigation for placement
in administrative segregation. Temporary segregation shall not last for more than five
business days.
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(p) "Unassigned idle or temporary idle" includes inmates who are confined to their cells
for ..... hours a day because they have recently been terminated from assignment, because
they have recently been released from segregation, or because they refuse to work or
participate in a program.
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(q) "Vulnerable populations" means an inmate who is: 18 years of age or younger,
pregnant, postpartum, diagnosed with a mental illness or developmental disability, or
diagnosed with a traumatic brain injury; suffers from a serious physical impairment; or
requires specialized medical treatment.
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This section applies to both state and local adult correctional facilities.
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deleted text begin The restrictivedeleted text end new text begin (a) All segregatednew text end housing
deleted text begin unitdeleted text end new text begin unitsnew text end shall provide living conditions that are approximate to those offenders in general
population, including deleted text begin reduced lighting during nighttime hours.deleted text end new text begin :
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(1) reduced lighting during nighttime hours;
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(2) no unnecessarily loud noises to purposely disrupt an inmate;
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(3) adequate and operating lighting, heating and cooling, and ventilation for the comfort
of the inmate;
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(4) seating separate from a bed;
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(5) rooms that are clean and resistant to suicide and self-harm;
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(6) access to fresh drinking water at all times; and
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(7) adequate food.
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(b) An inmate placed in a segregated housing unit shall be screened by a third-party
medical professional within the first 24 hours of placement, again within the first three days
following placement, and then every seven days following placement. If the inmate is losing
weight or requests to be given more food, the inmate's amount of food shall be increased
as recommended by the medical professional.
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(c) All inmates shall be given the following personal effects in segregation within the
first two hours of placement:
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(1) personal clothing, including but not limited to sufficient underwear, socks, long
sleeve shirts, and thermal clothing;
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(2) personal hygiene items, including but not limited to shampoo, deodorant, toothpaste,
toothbrush, floss, hairbrush or comb, shower shoes, lotion, lip moisturizer such as petroleum
jelly, and menstrual products; and
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(3) medications or other medical necessity items.
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If an inmate does not have these personal items, the facility shall provide the items to the
inmate within two hours of being placed in segregation. These items shall be properly
cleaned before being distributed to inmates. The facility may provide a facility toothbrush,
floss, hairbrush, or comb to inmates as required for safety.
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(d) All inmates shall be given the following personal effects in segregation within the
first 24 hours of placement:
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(1) a reflective mirror, a calendar, and a clock to help the inmate know how much time
has passed and to prevent distortion;
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(2) writing materials, including envelopes, a minimum of ten pieces of paper per week,
and a pencil; and
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