Purpose

• Clarifies the range of substance use disorder (SUD) treatment options and how they are provided in correctional settings.
• Expands access to mental health care by creating and operating mental health units in at least one state adult correctional institution.
• Narrows gaps or ambiguities in tuberculosis (TB) screening for inmates and staff in correctional facilities.
• Aligns certain correctional treatment standards with community-based programs and directs interagency collaboration when exact standards cannot apply.

Main Provisions

• Inmate TB screening and testing

  • All inmates detained or confined for 14 consecutive days or more must be screened for tuberculosis within 14 days of intake and then annually, using one of these options: Mantoux skin test, Quantiferon GoldPlus blood test, or a chest X-ray, following guidance from the U.S. Public Health Service or Minnesota Department of Health.
  • Administration of the TB test or X-ray must occur by day 14 of detention.

• Procedures without consent for inmate TB testing

  • If an inmate refuses the annual TB test, the commissioner of corrections may order testing and may file a district court petition to require it.
  • The petition process includes service on the inmate, affidavits showing attempted testing and the inmate’s refusal, and proof that all three testing options were offered.
  • The court may conduct hearings in private (in camera) unless a public hearing is deemed necessary; the inmate may have counsel.
  • The court may order testing, including a blood test, if there is probable cause or if the inmate has not been screened or tested as required.

• TB screening for employees

  • All facility employees must be screened for TB before starting work and then annually, using Mantoux, Quantiferon GoldPlus, or chest X-ray as guided by public health authorities.

• Substance use disorder treatment program standards

  • Residential SUD treatment programs operated by the corrections system (for adults or juveniles in state-operated facilities) must meet the standards in Minnesota Rules chapter 245G for community-based treatment facilities.
  • If those community-based standards cannot reasonably apply to correctional settings, the commissioners of corrections and human services will develop alternative, equivalent standards through an interagency agreement.

• Mental health unit creation and operation

  • The commissioner of corrections, following applicable Department of Human Services rules, must establish and operate at least one mental health unit in an adult correctional institution to care for inmates who are mentally ill.

• Transfer, commitment, and discharge provisions for mentally ill inmates

  • If a licensed mental health professional finds an inmate mentally ill and in need of short-term care, evaluation, or stabilization, they may recommend transfer to the mental health unit.
  • If long-term hospital care is needed, or if an inmate refuses to participate in treatment, the director of psychological services must initiate judicial commitment proceedings under existing law (section 253B.07). The court may commit the inmate to the mental health unit or to another hospital.
  • The director of psychological services may provisionally discharge a patient no longer needing treatment, with the discharge certified to the corrections system for supervision.
  • If a patient’s mental illness persists after a sentence expiration, the inmate may be transferred to a state hospital designated by the Direct Care and Treatment executive board for detention as with other mentally ill persons under judicial commitment.

Significant Changes to Existing Law

• Adds or clarifies routine TB screening for both inmates and staff, with a formal court-ordered testing pathway when inmates refuse voluntary testing.
• Introduces requirements to align correctional SUD treatment programs with community-based standards, with interagency avenues to develop workable alternatives.
• Creates a framework to establish and operate mental health units within state correctional facilities, including pathways for transfer, judicial commitment, provisional discharge, and potential long-term hospitalization after sentence expiration.

Potential Implications

• Increased emphasis on medical screening and potential court involvement for inmate health decisions.
• Greater consistency between correctional health services and public health/community-based treatment standards.
• Expanded access to structured mental health care for inmates, with formal processes for commitment and discharge.
• Possible administrative and legal changes for staff training, interagency coordination, and oversight of correctional health programs.

Relevant Terms - tuberculosis screening, TB testing, Mantoux test, Quantiferon GoldPlus, chest X-ray, district court, in camera, petition, testing without consent, Department of Corrections, employees, substance use disorder treatment, community-based treatment facilities, Minnesota Rules chapter 245G, interagency agreement, mental health unit, licensed mental health professional, transfer, judicial commitment, 253B.07, director of psychological services, discharge, provisional discharge, state hospital, Direct Care and Treatment executive board, detention, mentally ill.