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