HF3769

Purpose

This bill aims to clarify and expand health and behavioral health care for people in state correctional custody. It adds and clarifies how substance use disorder treatment, mental health care, and tuberculosis screening should work in correctional facilities, and it sets up procedures for court involvement when testing or treatment is impeded. It also aligns correctional treatment standards with community-based standards and creates a dedicated mental health unit to care for inmates who become mentally ill. The changes affect how inmates and staff are screened, treated, transferred, and discharged.

Main Provisions

• Tuberculosis screening for inmates

  • All inmates detained or confined for 14 consecutive days or more must be screened for tuberculosis within 14 days of intake and then annually.
  • Screening options required: Mantoux test, Quantiferon GoldPlus blood test, or a chest roentgenogram (X-ray), in line with recommendations from the U.S. Public Health Service or Minnesota Department of Health.
  • Administration of the Mantoux test or chest X-ray must occur by the 14th day of detention.

• Court-ordered tuberculosis testing for inmates

  • If an inmate refuses the annual TB test, the commissioner of corrections may order testing and may petition a district court to require the inmate to submit to TB testing.
  • The petition process includes service to the inmate, affidavits showing testing attempts and the inmate’s refusal, and the inmate’s right to counsel.
  • The court may order the inmate to undergo TB testing (including blood testing) if there is probable cause or if the inmate has not been screened/tested.

• Tuberculosis screening for employees

  • All facility employees must be screened for tuberculosis before starting work and annually thereafter, using Mantoux, Quantiferon GoldPlus, or chest X-ray, as determined by the Department of Health.

• Substance use disorder treatment programs

  • Residential substance use disorder treatment programs run by the commissioner of corrections must meet the standards in Minnesota Rules chapter 2960 and the community-based treatment standards in Minnesota Rules chapter 245G.
  • If these community-based standards cannot reasonably apply to correctional facilities, the commissioners must develop alternative equivalent standards through an interagency agreement (likely involving human services).

• Mental health unit

  • The commissioner of corrections must establish, in at least one adult correctional institution, a mental health unit to care for inmates who become mentally ill, with staff, equipment, and operations consistent with applicable rules and DHS standards.

• Mental health care processes

  • Transfer to the mental health unit can be recommended by a licensed mental health professional if short-term care or stabilization is needed.
  • For long-term mental health treatment, judicial commitment procedures (under existing law) may be initiated, with the court able to commit the inmate to the mental health unit or another hospital.
  • Discharge from the mental health unit can be provisional back to the general population when no longer in need of institutional mental illness care, with follow-up oversight by the corrections system.
  • If an inmate’s sentence expires before recovery and ongoing hospitalization is needed, the person may be transferred to a state hospital designated by the Direct Care and Treatment executive board, to be held under the same commitment framework as other mentally ill persons.

• Juvenile facilities and interagency coordination

  • The substance use disorder treatment standards apply to both adults in state correctional facilities and juveniles in state-operated juvenile correctional facilities, with certification standards per chapter 2960 and possible interagency agreement to handle any standard gaps.

Changes to Existing Law (Significant Changes)

• Adds mandatory tuberculosis screening for inmates within 14 days of intake and annually, with explicit testing methods and the possibility of court-ordered testing for noncompliant inmates.
• Extends TB screening to all employees before employment and annually thereafter.
• Requires correctional facilities to conform residential substance use disorder treatment programs to community-based standards, with interagency mechanisms to create workable alternative standards if direct application is impractical.
• Creates and mandates a mental health unit in at least one adult correctional institution and establishes formal processes for transfer, treatment, discharge, and potential judicial commitment.
• Establishes procedures for transferring inmates to state hospitals if needed after sentence expiration, aligning with broader state mental health care authority.

Implementation and Oversight Considerations

• Requires interagency cooperation between corrections and human services for treatment standards.
• Defines court involvement for TB testing when inmates refuse testing, including in-camera hearings and possible counsel.
• Sets up long-term care pathways for mentally ill inmates, balancing correctional custody with judicial commitment and hospital care options.

Notable Impacts

• Stronger emphasis on public health within prisons through mandatory TB screening for inmates and staff.
• Increased use of court processes to enforce health testing when inmates resist screening.
• Alignment of correctional mental health and substance use treatment with community standards, plus the creation of a dedicated mental health unit.
• Clear protocols for discharge, transfer, and potential hospitalization after sentence ends, aiming to ensure continued care when needed.

Relevant Terms tuberculosis screening; Mantoux test; Quantiferon GoldPlus blood test; chest roentgenogram (X-ray); inmate; detainee; 14 days; intake; annually; district court; petition; in camera hearing; public hearing; counsel; employees; screening before employment; community-based treatment facilities; Minnesota Rules chapter 245G; Minnesota Rules chapter 2960; correctional facilities; Department of Corrections; interagency agreement; substance use disorder treatment programs; residential treatment; correctional program services certification; juvenile correctional facilities; mental health unit; licensed mental health professional; short-term care; stabilization; long-term care; judicial commitment; section 253B.07; director of psychological services; discharge; direct care and treatment executive board; state hospital.