| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to corrections; requiring the commissioner of corrections to charge a fee |
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| 3 | 3 | | 1.3 for incarcerated person communication services; amending Minnesota Statutes |
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| 4 | 4 | | 1.4 2024, section 241.252. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 241.252, is amended to read: |
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| 7 | 7 | | 1.7 241.252 FREE COMMUNICA TION SERVICES FOR INCARCERATED |
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| 8 | 8 | | 1.8PERSONS. |
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| 9 | 9 | | 1.9 Subdivision 1.Free Communication services.(a) A state adult or juvenile facility under |
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| 10 | 10 | | 1.10the control of the commissioner of corrections must provide incarcerated persons with offer |
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| 11 | 11 | | 1.11voice communication services to incarcerated persons for a fee. A facility may supplement |
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| 12 | 12 | | 1.12voice communication services with other fee-based communication services, including but |
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| 13 | 13 | | 1.13not limited to video communication and email or electronic messaging services. A facility |
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| 14 | 14 | | 1.14must at least continue to offer the services the facility offered as of January 1, 2023. The |
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| 15 | 15 | | 1.15fee charged for communication services must not exceed the actual cost of providing the |
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| 16 | 16 | | 1.16services to incarcerated persons. |
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| 17 | 17 | | 1.17 (b) To the extent that voice communication services are provided, which must not be |
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| 18 | 18 | | 1.18limited beyond program participation and routine facility policies and procedures, neither |
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| 19 | 19 | | 1.19the individual initiating the communication nor the individual receiving the communication |
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| 20 | 20 | | 1.20must be charged for the service. |
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| 21 | 21 | | 1.21 Subd. 2.Voice communication services restrictions.Nothing in this section allows an |
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| 22 | 22 | | 1.22incarcerated person to violate an active protection order, harassment restraining order, or |
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| 23 | 23 | | 1.23other no-contact order or directive. |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | 25-05173 as introduced03/21/25 REVISOR KLL/HL |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 3481NINETY-FOURTH SESSION |
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| 29 | 29 | | (SENATE AUTHORS: LIESKE, Anderson and Draheim) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading05/05/2025 |
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| 32 | 32 | | Referred to Judiciary and Public Safety 2.1 Subd. 3.State revenue prohibited.A state agency must not receive revenue from the |
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| 33 | 33 | | 2.2provision of voice communication services or any other communication services under this |
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| 34 | 34 | | 2.3section, but an agency may collect commissions on communication services provided under |
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| 35 | 35 | | 2.4any contract entered into before January 1, 2023. |
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| 36 | 36 | | 2.5 Subd. 4.Visitation programs.(a) Facilities shall maintain in-person visits for |
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| 37 | 37 | | 2.6incarcerated persons, and communication services must not be used to replace a facility's |
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| 38 | 38 | | 2.7in-person visitation program. |
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| 39 | 39 | | 2.8 (b) Notwithstanding paragraph (a), the commissioner may waive the in-person visitation |
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| 40 | 40 | | 2.9program requirement under this subdivision if there is: |
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| 41 | 41 | | 2.10 (1) a declared emergency under section 12.31; or |
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| 42 | 42 | | 2.11 (2) a local-, state-, or federal-declared natural disaster. |
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| 43 | 43 | | 2.12 Subd. 5.Reporting.The Department of Corrections must include the following |
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| 44 | 44 | | 2.13information covering the previous calendar year in its annual performance report required |
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| 45 | 45 | | 2.14under section 241.016: |
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| 46 | 46 | | 2.15 (1) its efforts to renegotiate the agency's communication contracts, including the rates |
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| 47 | 47 | | 2.16the agency is paying or charging incarcerated people or community members for any and |
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| 48 | 48 | | 2.17all services in the contracts; |
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| 49 | 49 | | 2.18 (1) the amount of funds expended to provide communication services to incarcerated |
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| 50 | 50 | | 2.19persons and the amount of revenue raised by telecommunication fees authorized under this |
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| 51 | 51 | | 2.20section; |
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| 52 | 52 | | 2.21 (2) a complete and detailed accounting of how legislatively appropriated funds for |
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| 53 | 53 | | 2.22communication services are spent, including spending on expenses previously covered by |
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| 54 | 54 | | 2.23commissions; and |
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| 55 | 55 | | 2.24 (3) data on usage of all communication services, including monthly call and message |
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| 56 | 56 | | 2.25volume. |
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| 57 | 57 | | 2.26 Subd. 6.Definitions.For the purposes of this section, the following terms have the |
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| 58 | 58 | | 2.27meanings given: |
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| 59 | 59 | | 2.28 (1) "voice communications" means real-time, audio-only communication services, |
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| 60 | 60 | | 2.29namely phone calls made over wireline telephony, voice over Internet protocol, or any other |
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| 61 | 61 | | 2.30technology infrastructure; and |
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| 62 | 62 | | 2.31 (2) "other communication services" means communication services other than voice |
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| 63 | 63 | | 2.32communications, including but not limited to video calls and electronic messages. |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | 25-05173 as introduced03/21/25 REVISOR KLL/HL |
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