1.1 A bill for an act
1.2 relating to public safety; limiting segregated housing in Minnesota jails and prisons;
1.3 prohibiting solitary confinement; requiring rulemaking; requiring reports; amending
1.4 Minnesota Statutes 2024, section 243.521.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 243.521, is amended to read:
1.7 243.521 ADMINISTRATIVE AND DISCIPLINARY SEGREGATION.
1.8 Subdivision 1.Authorization.In any adult state or local correctional facility under the
1.9control of the commissioner of corrections for adults, the commissioner or head of the
1.10facility may require an inmate to be placed on disciplinary segregation status for rule
1.11violations or on administrative segregation status when the continued presence of the inmate
1.12in general population would pose a serious threat to life, property, self, or physical safety
1.13of staff, or other inmates or to the security or orderly running of the institution. Inmates
1.14pending investigation for trial on a criminal act or pending transfer may be included, provided
1.15the warden's facility head's written approval is sought and granted within seven business
1.16days of placing the inmate in restrictive housing under this provision. The warden head of
1.17each facility must document any time approval is granted and the reason for it, and submit
1.18a quarterly report to the commissioner of corrections.
1.19 Subd. 1a.Definitions.(a) For purposes of this section, the following terms have the
1.20meanings given.
1.21 (b) "Administrative segregation" means a restrictive housing unit separate from general
1.22population with limited privileges for the inmate. The term applies to inmates who are
1.23segregated from general population for nonpunitive health or safety reasons.
1Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ
SENATE
STATE OF MINNESOTA
S.F. No. 207NINETY-FOURTH SESSION
(SENATE AUTHORS: OUMOU VERBETEN)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/16/2025
Referred to Judiciary and Public Safety 2.1 (c) "Commissioner" means the commissioner of corrections.
2.2 (d) "Contraband" means any item possessed by an inmate that is prohibited by statute
2.3or facility policy. Contraband includes items that are authorized but in excess of allowable
2.4limits.
2.5 (e) "Department" means the Department of Corrections.
2.6 (f) "Disciplinary segregation" means a restrictive housing unit separate from general
2.7population with limited privileges.
2.8 (g) "General population" refers to inmates who are held in the facility and are not subject
2.9to any form of segregation.
2.10 (h) "In-house segregation" occurs when an inmate is assigned to segregation status and
2.11the inmate's movement and privileges are limited, but the inmate is not moved from their
2.12general population housing.
2.13 (i) "Major discipline" includes infractions that relate to the safety of inmates, staff, or
2.14the public. Major discipline may lead to segregation.
2.15 (j) "Minor discipline" includes infractions that do not relate to the safety of inmates,
2.16staff, or the public. Minor discipline may not lead to segregation.
2.17 (k) "Property request slip" means a printed form issued by the facility that offenders use
2.18to request their personal property while in segregation.
2.19 (l) "Protective custody" means inmates who are isolated from the general population for
2.20their safety because of a certain personal quality of the inmate.
2.21 (m) "Serious threat to safety" occurs when there has been a finding of imminent danger
2.22of an injury or threat to life.
2.23 (n) "Solitary confinement" means confinement in a cell that deprives the inmate of
2.24meaningful visual or auditory contact with other people for periods of more than 20 hours
2.25in a day or 45 hours in any three-day period. Solitary confinement includes confinement in
2.26a cell with soundproof doors that deprive inmates of meaningful auditory and visual contact
2.27with other people. Meaningful visual contact includes the ability to see a person's face and
2.28interpret facial expressions. Meaningful auditory contact includes the ability to hold a
2.29conversation or dialogue for five minutes or more.
2.30 (o) "Temporary segregation" means a status assigned to an inmate alleged to have
2.31committed a rule violation, who demonstrates behavior that is a risk to safety, and requires
2.32removal pending formal disciplinary review or who is pending an investigation for placement
2Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 3.1in administrative segregation. Temporary segregation shall not last for more than seven
3.2business days unless the commissioner approves the placement. For every seven days past
3.3the first seven, the commissioner must approve the placement. The maximum total time in
3.4temporary segregation must not exceed 21 days.
3.5 (p) "Unassigned idle or temporary idle" includes inmates who are confined to their cells
3.6for more than ten hours a day because they have recently been terminated from assignment,
3.7because they have recently been released from segregation, or because they refuse to work
3.8or participate in a program.
3.9 (q) "Vulnerable populations" means an inmate who: is 18 years of age or younger,
3.10pregnant, postpartum, diagnosed with a serious mental illness or developmental disability,
3.11or diagnosed with a traumatic brain injury; suffers from a serious physical impairment;
3.12requires specialized medical treatment; or has any other condition such that prolonged
3.13periods of segregation would be a threat to their health and mental well-being. The
3.14commissioner shall adopt rules and regulations used to identify vulnerable populations and
3.15provide guidance to facilities on how to identify such individuals.
3.16 Subd. 1b.Scope.This section applies to both state and local adult correctional facilities.
3.17 Subd. 2.Conditions in segregated housing.The restrictive (a) All segregated housing
3.18unit units shall provide living conditions that are approximate to those offenders in general
3.19population, including reduced lighting during nighttime hours.:
3.20 (1) reduced lighting during nighttime hours;
3.21 (2) no unnecessarily loud noises to purposely disrupt an inmate;
3.22 (3) adequate and operating lighting, heating and cooling, and ventilation for the comfort
3.23of the inmate;
3.24 (4) seating separate from a bed;
3.25 (5) rooms that are clean and resistant to suicide and self-harm;
3.26 (6) access to fresh drinking water at all times; and
3.27 (7) adequate food.
3.28 (b) An inmate placed in a segregated housing unit shall be screened by a medical
3.29professional who does not work at the facility where the placement occurs within the first
3.3048 hours of placement, and then every seven days following placement. If the inmate is
3.31losing weight or requests to be given more food, the inmate's amount of food shall be
3.32increased as recommended by the medical professional.
3Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 4.1 (c) All inmates shall be given the following personal effects in segregation within the
4.2first two hours of placement:
4.3 (1) personal clothing, including but not limited to sufficient underwear, socks, long
4.4sleeve shirts, and thermal clothing;
4.5 (2) personal hygiene items, including but not limited to shampoo, deodorant, toothpaste,
4.6toothbrush, floss, hairbrush or comb, shower shoes, lotion, lip moisturizer such as petroleum
4.7jelly, and menstrual products; and
4.8 (3) medications or other medical necessity items.
4.9If an inmate does not have these personal items, the facility shall provide the items to the
4.10inmate within two hours of being placed in segregation. These items shall be properly
4.11cleaned before being distributed to inmates. The facility may provide a facility toothbrush,
4.12floss, hairbrush, or comb to inmates as required for safety.
4.13 (d) All inmates shall be given the following personal effects in segregation within the
4.14first 24 hours of placement:
4.15 (1) a reflective mirror, a calendar, and a clock to help the inmate know how much time
4.16has passed and to prevent distortion;
4.17 (2) writing materials, including envelopes, a minimum of ten pieces of paper per week,
4.18and a pencil; and
4.19 (3) reading materials.
4.20If an inmate does not have these personal items, the facility shall provide them to the inmate
4.21within 24 hours of being placed in segregation. All inmates may be granted access to other
4.22personal items as part of the facility's reintegration and incentive programs.
4.23 (e) Inmates shall have access to the canteen within the first 72 hours of being placed in
4.24segregation.
4.25 (f) Inmates shall be provided sufficient time for a shower, to communicate with their
4.26friends and family outside the facility, and to recreate outside of their cell. This time shall
4.27be separate from any programming implemented under subdivision 6. All inmates may be
4.28granted further time outside of their cells as part of the facility's incentive and reintegration
4.29programs.
4.30 (g) Access to legal representation for an inmate in segregation may not be restricted,
4.31including allowances for professional visitation or phone calls with legal counsel.
4Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 5.1 (h) Disciplinary restrictions in segregation on access to personal belongings, resources,
5.2and programming shall only be imposed after an inmate has abused a privilege as authorized
5.3by written directives, guidance documents, and operational manuals. The abuse of the
5.4privilege and disciplinary restriction must be documented. After one week, the personal
5.5belonging or resource shall be reinstated. If the personal belonging or resource is not
5.6reinstated, the officer choosing not to reinstate must provide a written report to the facility
5.7head on why the privilege is not being reinstated. The department or, for local correctional
5.8facilities, the facility head shall report annually to the chairs and ranking minority members
5.9of the health finance and policy committee in the house of representatives and the health
5.10and human services finance and policy committee in the senate, or any successor committees,
5.11on the privileges taken away from inmates in segregation for abuses of such privilege or
5.12facility and only as authorized by written directives, guidance documents, and operational
5.13manuals.
5.14 (i) An inmate held in segregation must not be denied access or have access restricted to
5.15food, water, mental health services, personal hygiene products, and medical care including
5.16emergency medical care.
5.17 (j) The facility staff shall reply to requests made by inmates and accommodate inmates
5.18in a timely manner, not to exceed 24 hours.
5.19 (k) Inmates shall have access to a formal grievance procedure at any point while in
5.20segregation. The commissioner shall adopt rules to establish formal grievance procedures
5.21for inmates in state and local correctional facilities to access while in any type of segregation,
5.22including wellness housing.
5.23 (l) Rooms shall be at minimum eight feet by six feet.
5.24 (m) For medically required administrative segregation, the requirements in this
5.25subdivision may be suspended to the extent that the requirement contradicts applicable
5.26health standards.
5.27 Subd. 3.Review of disciplinary segregation status.(a) The commissioner of corrections
5.28shall receive notification of all inmates with consecutive placement in a restrictive housing
5.29setting for more than 30 days. This notification shall occur on a monthly basis. In the event
5.30an inmate is placed into restrictive housing for more than 120 days, the reason for the
5.31placement and the behavior management plan for the inmate shall be submitted to the
5.32commissioner of corrections.
5.33 (b) An inmate shall have meaningful opportunity to request review of their placement
5.34into segregation. The commissioner shall, in collaboration with the commissioner of health,
5Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 6.1adopt rules applicable to both state and local adult correctional facilities to create a policy
6.2through which inmates may request review of their status in segregation at any point based
6.3on concerns over their health or well-being. This policy must include review of the inmate's
6.4segregation by the Department of Health or a third party who is not under the authority of
6.5the Department of Corrections.
6.6 Subd. 4.Graduated interventions.The commissioner shall design and implement a
6.7continuum of interventions, including informal sanctions, administrative segregation, formal
6.8discipline, disciplinary segregation, and step-down management. The commissioner shall
6.9implement a method of due process for all offenders with formal discipline proceedings
6.10under subdivision 12.
6.11 Subd. 5.Mental health screening.(a) If it is apparent that the inmate is exhibiting
6.12serious symptoms of a mental illness that prevents the inmate from understanding or fully
6.13participating in the disciplinary process, a an independent mental health professional shall
6.14be consulted regarding appropriate treatment and placement. For other inmates placed in a
6.15restrictive setting, an inmate shall be screened by a health services staff member within 24
6.16hours of placement in a restrictive housing setting. If the screening indicates symptoms of
6.17a mental illness, a qualified mental health professional shall be consulted regarding
6.18appropriate treatment and placement. The health services staff member shall document any
6.19time an inmate screens in for symptoms of a mental health illness and whether or not the
6.20health services staff member connected with a mental health professional.
6.21 (b) If mental health staff believe the inmate's behavior may be more appropriately treated
6.22through alternative interventions or programming, or determine that the inmate's actions
6.23were the result of mental illness, this information must be considered during the disciplinary
6.24process.
6.25 (c) When a facility places an inmate into segregation for medical or mental health reasons,
6.26the facility must keep records that reflect the purported medical or mental health purpose
6.27of the segregation, how long the placement is for, and whether the inmate needs additional
6.28medical attention. A quarterly report of such placements must be made to the commissioner.
6.29 (d) The department shall collaborate with the Department of Health to develop and
6.30implement policies for whether and how segregation is used for mental health or medical
6.31purposes. These policies apply to both state and local correctional facilities.
6.32 Subd. 6.Mental health care within segregated housing.(a) A health services staff
6.33member shall perform a daily wellness round in the restrictive housing setting. If a health
6.34services staff member indicates that an inmate is exhibiting symptoms of a mental illness,
6Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 7.1a qualified mental health professional shall be consulted regarding appropriate treatment
7.2and placement. If an inmate attempts suicide while placed in segregated housing, the facility
7.3must report the incident immediately to the commissioner, and an independent medical
7.4professional must be consulted as to whether the inmate should be placed in alternative
7.5housing placement.
7.6 (b) The department shall collaborate with the Department of Health to develop and
7.7implement policies for addressing mental illness issues that arise while an inmate is in
7.8segregation. These policies apply both to state and local correctional facilities.
7.9 Subd. 7.Incentives for return to the general population.(a) The commissioner shall
7.10design and implement a system of incentives so that an inmate who demonstrates appropriate
7.11behavior can earn additional privileges and an accelerated return to the general population.
7.12As part of this system, all work assignments must be held open for inmates who are placed
7.13in disciplinary or administrative segregation for 20 days or less, except where the disciplinary
7.14segregation resulted from a violation at the worksite and the inmate's supervisor determined
7.15the inmate is not fit to work at that site. The assignment committee or coordinator has
7.16discretion to hold the job open for longer than 20 days, but not less. If the inmate is in
7.17segregation for longer than 20 days and their job is not held for them, the inmate is eligible
7.18to apply for another job at any point during the last 15 days of their segregation sentence
7.19in anticipation of their release from segregation.
7.20 (b) There shall be no unassigned idle or temporary idle period following segregation.
7.21Inmates shall immediately reenter general population. Inmates shall have the option to return
7.22to work on the first workday following the completion of their segregation sentence, either
7.23returning to the job they held prior to segregation or beginning a new job.
7.24 (c) An inmate shall not be barred from any education programs for having been in
7.25segregation for any period of time and for any requisite period after being released from
7.26segregation.
7.27 (d) As part of its administration of job programming, the department and, for local
7.28correctional facilities, the facility head shall prioritize making jobs available to inmates
7.29coming out of segregation.
7.30 Subd. 8.Discharge from segregated housing.(a) An inmate shall not be released into
7.31the community directly from a stay in restrictive housing for 60 or more days absent a
7.32compelling reason. In cases where there is a compelling reason, the commissioner of
7.33corrections or, deputy commissioner, or facility head shall directly authorize the inmate's
7.34release into the community from restrictive housing.
7Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 8.1 (b) The facility shall not place in administrative or disciplinary segregation an inmate
8.2who is within six months of their mandatory release date, parole release date, or statutory
8.3release date unless the facility head or their designee certifies in writing, based on a
8.4preponderance of the evidence, that the presence of the inmate in general population would
8.5pose a grave risk of harm to others or to the security of the institution and all other less
8.6restrictive options have been exhausted.
8.7 (c) The facility shall report annually to the chairs and ranking minority members of the
8.8health finance and policy committee in the house of representatives and the health and
8.9human services finance and policy committee in the senate, or any successor committee,
8.10on any inmates placed in segregation within six months of their mandatory release date,
8.11parole release date, or statutory release date. This report shall include the number of inmates
8.12placed in segregation within six months prior to their release date, the reason for their
8.13placement in segregation, and any attempts to use less restrictive options.
8.14 Subd. 9.Reporting.(a) By January 15, 2020, and by January 15 each year thereafter,
8.15the commissioner of corrections and, for local correctional facilities, the facility head shall
8.16report to the chairs and ranking minority members of the house of representatives and senate
8.17committees and divisions with jurisdiction over public safety and judiciary on the status of
8.18the implementation of the provisions in this section. This report shall include but not be
8.19limited to data regarding:
8.20 (1) the number of inmates in each institution placed in restrictive housing during the
8.21past year;
8.22 (2) the ages of inmates placed in restrictive housing during the past year;
8.23 (3) the number of inmates transferred from restrictive housing to the mental health unit;
8.24 (4) disciplinary sanctions by infraction;
8.25 (5) the lengths of terms served in restrictive housing, including terms served
8.26consecutively; and
8.27 (6) the number of inmates by race in restrictive housing.;
8.28 (7) any inmates placed in segregation within six months of their mandatory release date,
8.29parole release date, or statutory release date; and
8.30 (8) privileges taken away from inmates in segregation for abuses of such privilege or
8.31facility and only as authorized by written directives, guidance documents, and operational
8.32manuals.
8Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 9.1 (b) The department of Corrections and, for local correctional facilities, the facility head
9.2shall submit a qualitative report detailing outcomes, measures, and challenges to
9.3implementation of a step-down management program by April 1, 2020 ......
9.4 Subd. 10.Permitted use of administrative segregation.(a) The commissioner shall
9.5adopt rules applicable to both state and local correctional facilities enumerating the
9.6circumstances under which administrative segregation is permitted, limited to the following:
9.7 (1) the inmate must be a serious threat to the physical safety of staff or other inmates or
9.8a serious escape risk; or
9.9 (2) the inmate refuses required medical screening, testing, or treatment for a
9.10communicable disease and requires medical quarantine pursuant to applicable health
9.11standards.
9.12 (b) The facility shall place inmates in in-house segregation where possible before placing
9.13an inmate in administrative segregation.
9.14 (c) Classification to administrative segregation for any of these reasons must meet the
9.15standards under subdivisions 5 and 6.
9.16 (d) An inmate's time placed in administrative segregation must be determined
9.17proportionately to the reason for placement in administrative segregation. The commissioner
9.18shall enumerate, by rule applicable to both state and local correctional facilities, the maximum
9.19number of days an inmate may be placed in administrative segregation based on the reason
9.20for placement and in accordance with best medical and public health guidance.
9.21 Subd. 11.Permitted use of disciplinary segregation.(a) The commissioner shall adopt
9.22rules applicable to both state and local correctional facilities to identify which infractions
9.23may lead to disciplinary segregation limited to the following major discipline infractions:
9.24 (1) infractions that are a serious threat to the physical safety of staff or other inmates;
9.25 (2) infractions relating to serious escape risk; or
9.26 (3) infractions relating to smuggling, selling, or making alcohol or drugs.
9.27 (b) Suspected intoxicated or inebriated individuals without evidence of smuggling may
9.28be placed in segregation for no more than 48 hours pursuant to the conditions in subdivision
9.292.
9.30 (c) No inmate shall be placed in disciplinary segregation for violation of a minor discipline
9.31infraction.
9Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 10.1 (d) Inmates shall be placed in in-house segregation where possible before placing an
10.2inmate in disciplinary segregation.
10.3 (e) Classification to disciplinary segregation for any of these reasons must meet the
10.4standards under subdivisions 5 and 6.
10.5 (f) The commissioner shall adopt rules applicable to both state and local correctional
10.6facilities enumerating the maximum number of days an inmate may be placed in disciplinary
10.7segregation, per infraction type. Each and every inmate shall be given notice and meaningful
10.8opportunity to comment on these rules and any subsequent amendments to these rules before
10.9final application.
10.10 (g) Any placement over 90 days in disciplinary segregation must be approved by the
10.11commissioner or, for local correctional facilities, the facility head.
10.12 Subd. 12.Notice and hearing process.The commissioner shall set forth a notice and
10.13hearing process for administrative and disciplinary segregation in line with the following
10.14as provided in this subdivision:
10.15 (1) for a notice in disciplinary segregation:
10.16 (i) an inmate who allegedly violates a nonviolent department or facility policy or rule
10.17for the first time shall receive a written warning. The written warning shall include the
10.18policy in question and the inmate's behavior that allegedly violated that policy. The inmate
10.19shall not be placed in segregation for their first violation of the nonviolent policy. Nonviolent
10.20policies include any policy that does not involve an act of physical violence;
10.21 (ii) an inmate who allegedly violates a nonviolent department or facility policy more
10.22than once or violates a department or facility policy involving an act of physical violence
10.23on the part of the inmate shall be informed, in writing, of the allegedly violated policy before
10.24the inmate is removed from the general population; and
10.25 (iii) apprehension of an inmate falling under this subdivision with the purpose of
10.26relocating the inmate into segregation shall be conducted by a maximum of three detention
10.27facility staff. The staff may not handcuff or physically restrain the inmate except in extreme
10.28circumstances where the inmate uses physical violence to actively resist relocation to
10.29segregation;
10.30 (2) for a hearing in disciplinary segregation:
10.31 (i) an inmate placed in disciplinary segregation is entitled to a hearing where they can
10.32present evidence showing they did not violate the department or facility policy as alleged.
10.33An inmate must be given the opportunity to be fully heard;
10Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 11.1 (ii) the hearing officer must be a different person than the officer who filed the inmate's
11.2original violation; and
11.3 (iii) the department or facility must establish and adhere to ranges of segregation durations
11.4based on the severity of the violation. Violations of nonviolent policies may not result in
11.5segregation stays longer than five days;
11.6 (3) for a notice in administrative segregation:
11.7 (i) an inmate must receive written notice of administrative segregation. An inmate may
11.8not be placed in administrative segregation until after written notice with cause in accordance
11.9with subdivision 10; and
11.10 (ii) transfer of an inmate to administrative segregation shall be conducted by a maximum
11.11of three detention facility staff. The staff may not handcuff or physically restrain the inmate
11.12except in extreme circumstances where the inmate uses physical violence to actively resist
11.13relocation to segregation; and
11.14 (4) for an appeal of administrative segregation, an inmate is entitled to appeal their
11.15placement in administrative segregation. This appeal must result in a hearing in accordance
11.16with this subdivision.
11.17 Subd. 13.Vulnerable populations.On and after ....., no inmate who is a member of a
11.18vulnerable population shall be placed in segregated housing for longer than 48 hours without
11.19approval from the commissioner and after consultation with an independent medical
11.20professional.
11.21 Subd. 14.Solitary confinement.No person shall be placed in solitary confinement.
11.22 Subd. 15.Temporary segregation.Temporary segregation shall not last for more than
11.23five business days. Time in temporary segregation must count toward the time imposed by
11.24the formal disciplinary review or administrative segregation investigation.
11.25 Subd. 16.Segregation policy creation and amendments.(a) Before January 1, 2026,
11.26existing department segregation policies must be updated to implement the requirements
11.27of this section. Beginning January 1, 2026, rules promulgated by the commissioner relating
11.28to segregation, including but not limited to conditions in segregated housing, notice and
11.29hearing process, graduated intervention, mental health housing, permitted uses of segregation,
11.30and considerations of vulnerable populations, are not an exception to the Administrative
11.31Procedure Act under section 14.03, subdivision 3, paragraph (b), clause (1). Segregation
11.32policies in place on December 31, 2025, may be enforced until rules adopted under chapter
11.3314 supersede them.
11Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ 12.1 (b) The commissioner shall create a notice process for inmates to be aware of any changes
12.2to segregation policies, including but not limited to what infractions may lead to segregation
12.3and inmates' rights in segregation. Inmates shall have meaningful opportunity to write a
12.4comment to these rules. These comments shall be reviewed by the commissioner before
12.5final promulgation of each rule.
12.6 (c) The department shall report annually to the chairs and ranking minority members of
12.7the health finance and policy committee in the house of representatives and the health and
12.8human services finance and policy committee in the senate, or any successor committees,
12.9on the comments made under paragraph (b).
12Section 1.
25-01475 as introduced01/07/25 REVISOR KLL/VJ