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A bill for an act
relating to state-operated human services; modifying disclosure limitations on
certain personnel data for employees of secure treatment facilities and treatment
facilities; amending Minnesota Statutes 2024, sections 13.43, subdivision 5a;
253B.03, subdivisions 2, 3; 253D.19, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 253B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 13.43, subdivision 5a, is amended to read:
Subd. 5a.
Limitation on disclosure of certain personnel data.
Notwithstanding any
other provision of this section, the following data relating to employees of a secure treatment
facility defined in section
253B.02, subdivision 18a
,
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or 253D.02, subdivision 13; employees
of a treatment program as defined in section 253D.02, subdivision 17;
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employees of a state
correctional facility
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,
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;
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or employees of the Department of Corrections directly involved in
supervision of offenders in the community
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, shall
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must
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not be disclosed to facility patients
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or clients
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, corrections inmates, or other individuals who facility or correction administrators
reasonably believe will use the information to harass, intimidate, or assault any of these
employees:
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(1)
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place where previous education or training occurred;
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(2)
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place of prior employment; and
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(3)
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payroll timesheets or other comparable data, to the extent that disclosure of payroll
timesheets or other comparable data may disclose future work assignments, home address
or telephone number, the location of an employee during nonwork hours, or the location of
an employee's immediate family members.
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EFFECTIVE DATE.
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This section is effective the day following final enactment and
applies to any data request pending on or received after that date.
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Sec. 2.
Minnesota Statutes 2024, section 253B.03, subdivision 2, is amended to read:
Subd. 2.
Correspondence.
A patient has the right to correspond freely without censorship
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,
subject to section 253B.25
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. The head of the treatment facility or head of the state-operated
treatment program may restrict correspondence if the patient's medical welfare requires this
restriction. For a patient in a state-operated treatment program, that determination may be
reviewed by the executive board. Any limitation imposed on the exercise of a patient's
correspondence rights and the reason for it shall be made a part of the clinical record of the
patient. Any communication which is not delivered to a patient shall be immediately returned
to the sender.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 3.
Minnesota Statutes 2024, section 253B.03, subdivision 3, is amended to read:
Subd. 3.
Visitors and phone calls.
Subject to the general rules of the treatment facility
or state-operated treatment program
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and section 253B.25
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, a patient has the right to receive
visitors and make phone calls. The head of the treatment facility or head of the state-operated
treatment program may restrict visits and phone calls on determining that the medical welfare
of the patient requires it. Any limitation imposed on the exercise of the patient's visitation
and phone call rights and the reason for it shall be made a part of the clinical record of the
patient.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 4.
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[253B.25] PATIENT ACCESS TO INFORMATION ON FACILITY
EMPLOYEES.
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The head of a treatment facility or state-operated treatment program may restrict patient
access to correspondence and telephone calls that the head of the treatment facility or
state-operated treatment program reasonably believes will be used to harass, intimidate, or
assault employees of the treatment facility or state-operated treatment program.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 5.
Minnesota Statutes 2024, section 253D.19, subdivision 1, is amended to read:
Subdivision 1.
Limited rights.
The executive board may limit the statutory rights
described in subdivision 2 for persons committed to the Minnesota Sex Offender Program
under this chapter or with the executive board's consent under section
246C.13
. The statutory
rights described in subdivision 2 may be limited only as necessary to maintain a therapeutic
environment or the security of the facility or to protect the safety and well-being of committed
persons, staff, and the public.
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Protection of staff from harassment, intimidation, or assault
is a basis for limiting the statutory rights described in subdivision 2.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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