S AN HOUR.
I NEVER FELT IN ANY
REAL DANGER. THANK YOU; MR. CHAIR. MR. CHAIR
AND MEMBERS; I WOULD LIKE TO MOVE
HOUSE FILE 493
AND I'M GUESSING IT WILL BE LAID OVER FOR
POSSIBLE INCLUSION
>> CHAIR CONSIDINE: YES >> REPRESENTATIVE ZERWAS: THAT WOULD BE MY MOTION MR. CHAIR. MR. CHAIR I HAVE A A - ONE AMENDMENT TO GET THE BILL IN
THE SHAPE WHICH WE WOULD LIKE TO DISCUSS IT TODAY. >> CHAIR CONSIDINE: YOU ARE
MOVING THAT? >> REPRESENTATIVE ZERWAS:
YES; SIR. >> CHAIR CONSIDINE: ANY DISCUSSION ON THE AMENDMENT?
NOT HEARING ANY OF THOSE IN FAVOR SAY AYE. S
O MOVED. REPRESENTATIVE ZERWAS >> REPRESENTATIVE ZERWAS: THANK YOU; MR.
CHAIR. MEMBERS; HOUSE FILE 493 IS
A BILL THAT I'VE BEEN WORKING ON
PRICING THIS IS THE THIRD
YEAR NOW THAT I'VE BEEN WORKING
ON THIS.. IT COMES
AFTE POSSIBLE SERIES OF REPORTS DONE BY THE STAR
TRIBUNE DETAILING CONDITIONS
AND STORIES OF INMATES WITHIN
THE DEPARTMENT OF CORRECTIONS
ADMINISTRATIVE SEGREGATION
INMATES WITHIN THE PRESENCE AT
THE DOC AND THE
CHALLENGE IS MR. CHAIR; THAT IN
THAT REPORT IN THAT SERIES OF STAR
TRIBUNE ARTICLES THE WERE A LOT OF
REALLY CHALLENGING
PIECES OF INFORMATION THAT
CAME OUT.. INFORMATION ABOUT INMATES THAT
WERE KEPT IN
SOLITARY CONFINEMENT AND
ADMINISTRATIVE SEGREGATION WITHIN
THE DOC SINCE GENERALLY MEANS
AN INDIVIDUALIZED CELL WITH
LIMITED CONTACT
TO INDIVIDUALS OUTSIDE OF THEIR
CELL BEING HELD IN THAT ROOM FOR 23 HOURS
A DAY WITH ONE DAY; ONE HOUR
OF RECREATION A DAY
EXCEPT GENERALLY
THE RECREATION DEPENDING ON STAFFING
GENERALLY HAPPEN FIVE DAYS A WEEK
INSTEAD OF SEVEN DAYS
A WEEK. SO IT WAS NOT UNCOMMON THAT YOU
WOULD HAVE
A SATURDAY AND SUNDAY IN WHICH
AN INDIVIDUAL WAS IN FOR 48 CONTIGUOUS
HOURS. AND ALONG WITH A LOT OF OTHER
CHALLENGING INFORMATION
POINTED OUT IN THE STAR
TRIBUNE REPORT THAT THEY INTERVIEWED
FAMILY MEMBERS
AND INDIVIDUALS MR. CHAIR; THAT SPENT 300; 400;
500;; 600 DAYS CONTINUOUSLY
IN ISOLATION AND THEN ONE OF THE MOST
CHALLENGING THINGS ABOUT THE STORY IS THAT
ARE HIGHLIGHTED A FEW INSTANCES
WHERE AFTER HUNDREDS
OF DAYS AND ADMINISTRATIVE SEGREGATION
THOSE INDIVIDUALS WERE
RELEASED DIRECTLY ONTO
THE STREET BECAUSE THEIR PRISON TERM HAD
EXPIRED. SO
THE CHALLENGE I SAY TO THE COMMITTEE IS
HAVING SOMEONE THAT SPENT THE BETTER
PART OF TWO STRAIGHT YEARS WITH
HER ENTIRE
HUMAN CONTACT CONSISTENT BEEN FED THROUGH
A SLOT IN THE DOOR;; PUTTING
HANDCUFFS ON TO BE TRANSFERRED
TO A WALLED IN AREA WHERE IT A
CHAIN-LINK FEN
CE CAGE OVER TOP OF YOU FOR YOUR ONE HOUR
RECREATIONAL PERIOD; ONE HOUR A DAY; FIVE DAYS A WEEK; FOR SIX
OR S 700 DAYS IN A ROW ONLY TO
BE RELEASED WITH THE DEPARTMENT OF CORRECTIONS SAYING;
GOOD LUCK. FIND STABLE HOUSING AND GET A JOB. I TRY NOT TO
COME BACK. IT SEEMS AS THOUGH
THAT IS AN ABSOLUTE RECIPE
FOR DISASTER. NOT A
TENABLE SITUATION.. MR.
CHAIR; VERSIONS OF THIS BILL HAVE BEEN AROUND AS I SAID; FOR THREE YEARS. I
AM HAPPY TO REPORT THAT WHAT WE
HAVE HERE ADOPTED IN THE A -
ONE AMENDMENT
REFLECTS SIGNIFICANT; SIGNIFICANT
WORK BY NAMI AND SPECIFICALLY
SUE ABERHOLDEN AND HER STAFF AND
OUR NEW COMMISSIONER
OF CORRECTIONS
PAUL SNELL AND THE PERMANENT CORRECTIONS STAFF WHO
HAVE
WORKED TIRELESSLY TO COME TO SOME LANGUAGE THAT
ALL PARTIES AT
THIS POINT ARE AGREEABLE TO MR. CHAIR.
ONE OF THE OTHER
MOST IMPORTANT PARTS OF THIS BILL
THAT DIRECTLY DEALS WITH
THE CHALLENGES THAT WE ARE FACED
WITH THE INITIAL REPORT CAME OUT FROM THE
STAR TRIBUNE IS THAT WHEN THE STAR
TRIBUNE CONTACTED MYSELF AND
OTHER MEMBERS OF THE COMMITTEE THREE
YEARS AGO WITH QUESTIONS ABOUT THE REPORT THAT COMPILED
I HAD ALMOST NO ABILITY;
MR. CHAIR;TO RESPOND WITH
ANY FACTS; DATA;
OR INFORMATION AND FOR THREE YEARS REQUESTING
THAT INFORMATION FROM THE DEPARTMENT OF CORRECTIONS I WAS ABLE TO
GET ZERO; ZERO; INFORMATION
ABOUT THE NUMBER OF
INDIVIDUALS HELD IN
SOLITARY CONFINEMENT. THE LENGTH
OF STAY.. HOW MANY INMATES
WERE KEPT
OVER 365 DAYS. HOW MANY INMATES WERE KEPT IN SOLITARY
CONFINEMENT OVER 500 DAYS. NONE OF THAT INFORMATION
WAS ABLE TO BE MADE AVAILABLE IN THE
THREE YEARS THAT I WORKED ON THIS
ISSUE. SO MR. CHAIR; AN
IMPORTANT PART OF
THIS LEGISLATION IS REQUIRING THE DEPARTMENT TO KEEP TRACK OF
THIS DATA AND PUT AN
ANNUAL REPORT BACK TO THE LEGISLATURE
SO THAT WE WHO
ARE CHARGED WITH SOME BASIC OVERSIGHT OF
THAT APARTMENT OF CORRECTIONS HAVE THE ABILITY TO AT LEAST ANSWER
SOME OF THOSE
BASIC QUESTIONS. WITHOUT MR. CHAIR; I'LL GET OVER TO MS. ABERHOLDEN FOR
SOME TESTIMONY AND THEN
OF COURSE MEMBER QUESTIONS. >> CHAIR CONSIDINE:
MS. ABERHOLDEN >> TESTIFIER: THANK YOU
MR. CHAIRMAN.
SUE ABERHOLDEN EXECUTIVE DIRECTOR FOR NAMI MINNESOTA I WANT TO THANK
THE CHAIRMAN FOR HEARING THIS BILL AND WANT TO THANK
REPRESENTATIVE ZERWAS
. HE'S BEEN INCREDIBLE ADVOCATE ON THIS ISSUE FOR MANY YEARS. AS YOU ALL KNOW IT STARTED IN 2016
WITH A HUGE
STAR TRIBUNE SERIES ON THIS ISSUE.
SEGREGATION; SOLITARY
RECEPTIVE HOUSING WHATEVER TERM YOU LIKE TO USE. THEY
REPORTED THAT THE DATA OVER 10 YEARS IN THE STATE IT WAS VERY DIFFICULT FOR THEM TO GET THE WE HAVE 17;500 MINNESOTA INMATES
WHO ARE PLACED IN SOLITARY FOR DISCIPLINARY REASONS. MORE THAN
1600 HAVE SPENT AT LEAST SIX MONTHS IN
SOLITARY CONFINEMENT OVER THE LAST DECADE
AND WITH 437 HAVING LIVED IN ISOLATION FOR A YEAR OR LONGER
OVER 700 INMATES WERE RELEASED TO
THE COMMUNIT
Y [INAUDIBLE] DIRECTLY FROM SOLITARY CONFINEMENT NAMI BECAME INTERESTED IN THIS FOR A NUMBER OF REASONS.
BUT WE CAN'T DEFINITIVELY SAY HOW MANY OF
THESE INMATES LIVE WITH A
MENTAL ILLNESS WE KNOW THAT 14% OF MINNESOTANS PLACED IN
SOLITARY CONFINEMENT
WERE RECOMMENDED
FOR COMMITMENT FOR STATE ORDERED MENTAL HEALTH TREATMENT.
OFTEN KNOWN OBVIOUSLY A CIVIL COMMITMENTS.
SO EVEN BY THIS NARROW MEASURE IT'S CLEAR THAT INMATES LIVING WITH A MENTAL ILLNESS
WERE DISPROPORTIONALLY SUBJECT TO SOLITARY CONFINEMENT. WE ALSO KNOW
THE BRAIN DOESN'T FINISH COMING UNTIL THE AGE
OF 26 AND WE KNEW THERE WERE MANY INMATES UNDER THE AGE OF 26
WERE PLACED IN SOLITARY CAN
FOR LONG PERIODS OF TIME
SO WE WERE REALLY CONCERNED ABOUT THE
LIFELONG IMPACT THAT SOLITARY COULD HAVE ON THEIR
DEVELOPING BRAINS.
RESEARCH INDICATES THAT LONG-TERM SOLITARY
CONFINEMENT HAS
DISABILITY EFFECT ON INDIVIDUALS INCLUDING VISUAL AND
AUDITORY HALLUCINATIONS
; HYPERSENSITIVITY TO NOISE AND TOUCH; INSOMNIA; PARANOIA;
AYE CONTROLLABLE FEELINGS OF RAGE
AND FEAR; DISTORTIONS OF TIME
AND PERCEPTION; INCREASED RISK OF SUICIDE AND PTSD.
IF A PERSON DOES HAVE A MENTAL ILLNESS WHEN THEY'RE ENTERING IN ISOLATION UNIT BY THE TIME
THEY RELEASE
ESPECIALLY IT'S A LONG PERIOD OF TIME; THEIR
MENTAL HEALTH HAS BEEN
SEVERELY COMPROMISED. THESE ARE FACTS OF COURSE
ARE MAGNIFIEDWITH TWO PARTICULARLY VULNERABLE POPULATIONS; PEOPLE UNDER THE AGE OF 26 PEOPLE WITH MENTAL HEALTH ISSUES. AT LEAST 30
OTHER STATES; 30 OTHER
STATES IN THE LAST DECADE; HAVE TAKEN STEPS TO REFORM THE USE OF SOLITARY CONFINEMENT INCLUDING CURTAILING ITS USE
ABOLISHING SOLITARY
FOR JUVENILES FOR PEOPLE WITH MENTAL ILLNESSES IMPROVING CONDITIONS IN SEGREGATED UNITS; ARE GRADUALLY EASING ISOLATED
INMATES BACK INTO THE GENERAL POPULATION. THIS BILL
WILL KEEP MINNESOTA FROM FALLING BEHIND. THE HOUSE IS TWICE PASSED VARIES
VERSIONS OF THIS BILL AND
THIS YEAR
AS REPRESENTATIVE ZERWAS NOTED; WE WORK VERY CLOSELY WITH THE NEW COMMISSIONER OF CORRECTIONS TO TRY TO ADDRESS THEIR CONCERNS AND TO ACTUALLY MAKE IT WORKABLE. WE DID MEET LAST
FALL WITH MACE AS
WELL TO HEAR ANY CONCERNS THEY HAD AS WELL. WHAT THIS BILL IS REALLY ABOUT IS TRANSPARENCY AND SUNSHINE SO THAT
EVERYONE KNOWS HOW RESTRICTIVE HOUSING IS BEING USED IN OUR PRESENCE AND
ENSURING OVERSIGHT. THE BILL ACTUALLY ALLOWS THE DEPARTMENT OF CORRECTIONS TO SOLITARY CONFINEMENT.
. THERE'S NOTHING STATUTE RIGHT NOW THAT ALLOWS THEM TO EVEN
DO THAT WHICH I THINK IN THE FUTURE PERHAPS COULD BE CHALLENGED. SO THIS ALLOWS THEM TO USE IT ALLOWS US AS A STATE TO REGULATE IT IN AGAIN TO UPDATE HER SO
THERE'S TRANSPARENCY. I'LL BE HAPPY TO ANSWER ANY QUESTIONS. >> CHAIR CONSIDINE: THANK YOU
MS. ABERHOLDEN. VICE CHAIR? >> REPRESENTATIVE MS.
ABERHOLDEN AND USING A
NEAT STAFF TO FILL THE JOBS MINNESOTA FALL THROUGH THE CHANGES OR MENTAL SERVICES STAFF?
>> TESTIFIER: MR. CHAIR;
REP
RESENTATIVE ABSOLUTELY. NAMI HAS STRONGLY SUPPORT AND ESPECIALLY THE INCREASE OF MENTAL HEALTH AND SUBSTANCE ABUSE DISORDER STAFF BECAUSE WE KNOW THAT SO MANY OF THESE FOLKS WHO
ARE INMATES ARE LIVING WITH THOSE CONDITIONS AND WE NEED BETTER
TREATMENT. ABSOLUTELY.
>> REPRESENTATIVE
ONE FOLLOW-UP. SO I'M ASSUMING YOU WOULD SUPPORT
ADDITIONAL FUNDING FOR THAT STUFF?
>> TESTIFIER: MR. CHAIR;
REPRESENTATIVE; YES. >> CHAIR CONSIDINE:
THANK YOU. REPRESENTATIVE CHRISTIANSEN TO >> REPRESENTATIVE CHRISTENSEN: THANK YOU; MR. CHAIR. IS THERE A COMPANION BILL
? >> REPRESENTATIVE ZERWAS:
MR. CHAIR; REPRESENTATIVE
CHRISTIANSEN; YES. THE
COMPANION BILL IS
BEING IDENTIFIED
CO-AUTHORS AND SHOULD BE DROPPED LATER THIS WEEK. >>
CHAIR CONSIDINE: REPRESENTATIVE O'NEIL >> REPRESENTATIVE O'NEIL: THANK YOU; MR. CHAIR.
I ACTUALLY AM WONDERING IF
THE COMMISSIONER WILL
COME DOWN.. I HAVE A COUPLE OF QUESTIONS
IF HE'S WILLING TO TESTIFY?
THANK YOU. AS HE IS COMING DOWN; I
KNOW THAT WITH THE CHANGE IN COMMISSION WE'VE A CHANGE
IN PHILOSOPHY AND HE AND I'VE HAD
MULTIPLE
CONVERSATIONS AND TO THE COMMITTEE AS WELL
; YOU REALLY DON'T UNDERSTAND WHAT IT'S LIKE UNTIL YOU GO THERE AND LOOK AT ONE OF
THE SEGREGATION ROOMS AND WHEN YOU
TALK ABOUT
WHEN REPRESENTATIVE ZERWAS TALK WHAT THE CAGE LOOK AT LIKE A BIG KENNEL THEY
WALK INTO THAT'S
WHERE YOUR RECREATION TIME IS AND I WAS REALLY TAKEN
BACK BY; I WAS A COST OF ABOUT BUT I
WOULD SAY THAT IT WOULD BE. SO AFTER SPENDING TIME IN A VERY VERY SMALL ROOM THE WAY
THAT STRUCTURED NO OUTSIDE LIGHT
; I CAN'T EVEN DESCRIBE IT. YOU REALLY HAVE TO GO AND TAKE A LOOK AT WHAT THE SEGREGATION LOOKS LIKE.
IN THEIR OUTDOOR RECREATION. MY QUEST
ION IS; NOW WE'VE GOT A NEW COMMISSIONER A
NEW
PHILOSOPHY. WHAT ARE SOME OF THE POLICIES BE MODIFIED OR CHANGED REGARDING SEGREGATION?
>> TESTIFIER: REPRESENTATIVE O'NEIL I THINK WE BEEN WORKING CLOSELY WITH NAMI AND STAFF AT
THE DEPARTMENT HAS BEEN
WORKING WITH
THE WARDENS HAS BEEN WORKING WITH THE DISCIPLINARY
PROCEDURE STAFF OF THE FOLKS
WH
O ARE CONDUCTING THE DUE PROCESS HEARINGS AROUND THE
USE OF RESTRICTIVE HOUSING.
WE HAVE REALLY TALKED HEAVILY AND IT
EXTENSIVELY ABOUT BEHAVIORAL
HEALTH STAFF. SPECIFICALLY; FOCUSED ON THIS ISSUE
AND IN THE BUDGET THERE IS 19
ADDITIONAL
FTES TO CONSIDERABLY FOCUS ON CASE MANAGEMENT AND
BEHAVIORAL HEALTH
TARGETING WERE FOCUSED ON
RESTRICTIVE HOUSING.
WE HAVE BEEN HAVING DISCUSSIONS ABOUT THE FACT THAT
REALLY BEEN CLEAR ABOUT THE MANNER IN WHICH WE MANAGE PEOPLE IN RESTRICTIVE HOUSING
THE MUST OF DOWN MANAGEMENT IS ONE OF THEM AND I THINK >> STAFF: DIRECTLY TO THE CONCERNS ABOUT RELEASING PEOPLE DIRECTLY INTO THE COMMUNITY.WHERE THERE IS MORE SERIOUS OFFENSES;
WE ARE TALKING ABOUT
RIGHT NOW AN EXTENSION OF THE AMOUNT OF TIME SOMEONE CAN BE HELD IN
RESTRICTIVE HOUSING. WHILE WE HAVE NOT FINALIZED OR ISSU
ED A POLICY YET; WE ARE HAVING DISCUSSIONS TALKING WITH
OTHER DEPARTMENT ACROSS THE COUNTRY
TO ESTABLISH AND MAKE SURE THAT WERE WITHIN THE CONFINES OF
BEST PRACTICES. WE DO FEEL THAT IT IS
FUNDAMENTALLY NECESSARY FOR THE SAFETY TO BE ABLE
TO HAVE A RESPONSE TO THE MOST
FURIOUS AND EGREGIOUS CONDUCT IN A FACILITY TO USE
RESTRICTIVE HOUSING. AT THE
SAME TIME; WE BELIE
VE THAT FUNDAMENTALLY OUR GOAL SHOULD BE TO ULTIMATELY REINTEGRATE THEM BACK INTO THE GENERAL POPULATION THAT SHOULD BE DONE
IN A MANNER WHERE THERE IS
DEMONSTRATED
BEHAVIORAL CONDUCT THAT
ALLOWS US TO HAVE THEM RETURN TO THE GENERAL POPULATION
OR; IN THOSE INSTANCES IS
WHETHER GETTING CLOSE TO THE RELEASE DATE; INTO THE COMMUNITY
THERE HAS BEEN A STEP
DOWN PROCESS SO THEY WERE NOT RELEASING SOMEBODY COLD
DIRECTLY FROM
RESTRICTIVE HOUSING. >> REPRESENTATIVE O'NEIL: THANK YOU;
MR. CHAIR. SO THERE'S TWO SITUATIONS THAT
ARE KIND OF ON THE OPPOSITE END OF THE SPECTRUM. YOU'VE GOT SOMEONE
THAT WILL COMMIT TO A NEW VIOLATIONS OR SPEAK BECAUSE THEY JUST WANT TO BE ALONE
AS I TOOK A TOUR THROUGH ALL THE PRESENCE IT WAS SOMETHING THAT
REFLECTED IN
EVERY SINGLE PERSON THAT I
TALKED TO THE JUST AFRAID TO BE IN THE GENERAL POPULATION. THEY HAVE
A FEAR
OF MENTAL ILLNESS MIGHT PLAY INTO THAT BUT TO
DO SO
METHING SO THEY STAY IN. SO YOU HAVE THAT SPECTRUM. THEN YOU'VE GOT THOSE THAT ARE
JUST DANGEROUS
AND VIOLENT AND YOUR STAFF IS ATTACKED AND YOUR STAFF IS AT RISK
AND THOSE ARE TWO ENDS OF THE CONTINUUM.
SO I KNOW IT'S GOT TO BE
INCREDIBLY CHALLENGING TO TRY TO COME UP WITH A POLICY THAT
NOT ONLY HANDLES BOTH OF THE ENDS OF THE SPECTRUM BUT EVERYBODY IN BETWEEN
AS WELL.SO ONE MIGHT HAVE A REALLY REALLY REALLY BAD MENTAL HEALTH DAY AND THEY
LASH OUT AND THEY NEED TO; A
VERY BEEN CONFISCATED MANY TIME TO BE BY THEMSELVES AND MAYBE IT'S TWO DAYS MAYBE THE WEEK MAYBE IT'S
THREE; I DON'T KNOW BUT THEY JUST NEED SOME SPACE AND
SOME TIME. SO
I GIVE YOU A LOT OF CREDITS BECAUSE IT'S A VERY COMPLICATED ISSUE. IT'S NOT SIMPLISTIC. OBVIOUSLY; EGREGIOUSLY HAS BEEN USED WHERE
A SPIRIT
REPRESENTATIVE ZERWAS AT UP TO 500 DAYS AND THAT IN AND
OF ITSELF; JUST A FEW WEEKS MORE CAN GO
TO AS MENTAL HEALTH ISSUES BUT I CAN IMAGINE 500 DAYS. ESPECIALLY AFTER STANDING IN THE ROOM
AND STANDING NEAR IT WITH A DO THE OUTSIDE WORK.
HAVE YOU DEVELO
PED THESE POLICIES I HOPE THAT YOU COME BACK AND KIND OF LET US KNOW WHAT YOU DECIDED ON AND HOW YOU
COME TO THAT DECISION
AND HOPEFULLY THIS BILL WILL BE
A HELP AND NOT A HINDRANCE. THAT'S I SEE IT ANYWAY.
THANK YOU;
MR. CHAIR. >> CH
AIR CONSIDINE: COMMISSIONED A STUDY OF
A COMMON? >> TESTIFIER: THANK YOU; YES. I APPRECIATE THAT. WE WANT TO MAKE SURE ABSOLUTELY
THAT WHEN THE POLICY IS FINALIZED
AND RELEASED IT HAS BECOME
A BENEFIT OF SUNSHINE AS WE
TALKED ABOUT.
WE WANT THE PUBLIC TO KNOW. WE WANT ALL OF
OUR STAFF TO KNOW. WE WANT EVERYONE INSIDE LIVING IN OUR FACILITY TO KNOW.. THERE SHOULD
BE NO;; THERE IS NO SECRET
ABOUT WHAT THAT
ULTIMATELY IS. ONE THING I WANT TO TRY A KEY DISTINCTION AS YOU POINT OUT SOMETHING VERY IMPORTANT. THE DIFFERENCE FOR AN ADMINISTRATIVE
SEGREGATION AT SOME LEVEL AND
THAT IS TIME SPENT FOR SOME REASON WHETHER IT'S SAFETY OR SECURITY ISSUE. SOMEONE SEPARATE FROM GENERAL POPULATION
OR FOR FEAR OR WHATEVER IT
MAY BE. A CIRCUMSTANCE THAN WE
WOULD LIKE TO MANAGE THOSE DIFFERENTLY AND WE WOULD LIKE TO
; THEY'VE CERTAINLY
DIFFERENT ACCESS
TO SERVICES AND OPPORTUNITIES
FOR RECREATION. THOSE SORTS OF THINGS GOOD
VERSUS THE
[INAUDIBLE] SEGREGATION THAT OFTENTIMES WE ARE TALKING ABOUT IN
THIS BILL ALTHOUGH BOTH OF THEM ARE
MAJOR CONCERN.
AND IS SOMETHING THAT WE ARE GIVEN CONSIDERABLE
ATTENTION TO. >>
CHAIR CONSIDINE: REPRESENTATIVE ZERWAS >> REPRESENTATIVE ZERWAS:
THANK YOU; MR. CHAIR. I THINK ONE OF THE THINGS I
WANT TO MAKE SURE EVERYBODY KNOWS WHAT
THE BILL IS THE HOURS
NOTHING WITHIN THIS LANGUAGE
THAT WOULD TIE THE COMMISSIONERS HANDS AS
FAR AS SETTING OUT LIMITS
OR GUIDELINES ON LENGTHS OF
SOLITARY
CONFINEMENT [INAUDIBLE] IT IS VERY POSSIBLE; MR. CHAIR THAT IN
THOSE INSTANCES OF EXTREMELY
LONG USES OF
SOLITARY CONFINEMENT
NOTED IN THE STAR TRIBUNE ARTICLE; IT IS
COMPLETELY POSSIBLE
THAT IN A FEW
THOSE INSTANCES WHEN SOME OF THOSE INSTANCES; THAT
THOSE INDIVIDUALS ARE EXACTLY WHERE THEY NEEDED TO BE
AT THE TIME THEY NEEDED TO BE THERE.
THE CHALLENGES I CAN CONFIRM THAT
THE PERMIT
OF CORRECTIONS COULDN'T CONFIRM THAT
THE RECORD-KEEPING FOR
THAT PROCESS OF EXTENDING SOMEONE'S
SOLITARY CONFINEMENT TIME AND
KEEPING PEOPLE ISOLATED;
IT WAS EITHER NONEXISTENT OR AFTER
MULTIPLE ATTEMPTS
TO GAIN SOME ACCESS TO THAT IT JUST
WASN'T PROVIDED TO THE LEGISLATURE.
UNDER THE BELIEF AFTER MANY CONVERSATIONS WITH MULTIPLE
INDIVIDUALS THAT THE RECORD-KEEPING
JUST WASN'T UP TO
BASIC STANDARDS. ONE OF THE THINGS THAT'S CALLED OUT SPECIFICALLY IN THIS
NEW LANGUAGE; MR.
CHAIR; IS THE TIMELINES IN WHICH THESE ISSUES
ARE ELEVATED EVENTUALLY TO
THE COMMISSIONEROR
THEIR DESIGNEE WITH A LAYOUT OF WHY
THE INDIVIDUALS STAY IN
SOLITARY CONFINEMENT HAS BEEN EXTENDED
PAST
120 DAYS. THE CHALLENGE WHEN TALKING TO INDIVIDUALS OR
FAMILY MEMBERS
AFTER HUNDREDS OF DAYS OF THEIR LOVED ONE
BEING ISOLATED FOUR OF THEM
BEING ISOLATED I THINK THE
REAL FEAR AND I THINK YOU WOULD
PROBABLY SYMPATHIZE WITH THAT FEAR TO AN EXTENT
HAVING BEEN IN THE ROOM AND BEEN
THERE. AFTER 100 OR 200 DAYS
THESE INDIVIDUALS AND THEIR FAMILY MEMBERS I THINK VERY NATURALLY
START TO WONDER WHO KNOWS
I'M HERE? DOES
ANYONE KNOW? I SEE THE GUARD. DOES THE
WARDEN KNOW? DOES HIS BOSS KNOW
I'M HERE? DO THEY KNOW I'VE BEEN
HERE FOR HUNDREDS
OF DAYS? THAT WAS IN CONVERSATIONS WITH
INDIVIDUALS FOLLOWING THE
STAR TRIBUNE SERIES
OF ARTICLES. THAT IS THE THEME THAT KEPT
COMING UP
WITH INDIVIDUALS AND WITH FAMILY MEMBERS
CAN SO ONE OF THE GOALS IN
THIS BILL IS TO MAKE THE ACCOUNTABILITY
MEASURES VERY TRANSPARENT AND
SO THAT WE KNOW AND THEY WILL
KNOW THAT YES; YOU ARE
THERE BECAUSE YOU FIND YOUR
WAY THERE AND IF YOU'VE
BEEN EXTENDED THERE'S A REASON WHY
YOUR BEHAVIOR IS EXTENDED
YOUR TIME IN
ISOLATION; AND HERE IS EVERYONE THAT KNOWS AND HERE IS
THE PLAN TO TRY FOR YOUR
GOOD BEHAVIOR TO WORK YOUR
WAY OUT IF YOU
SO DESIRE. >> CHAIR
CONSIDINE: REPRESENTATIVE
; SO PART OF IT WOULD BE THEN TO ESTABLISHING
BENCHMARKS
OR GOALS THAT THE OFFENDER WOULD NEED TO REACH TO
PROGRESS OUT. I LIKE
THAT IDEA. >> TESTIFIER: MR. CHAIR;
THAT'S EXACTLY THE NOTION OF THE
STEP DOWN OF THE WORK
THE PLAN. >> CHAIR CONSIDINE: TO BECOME REAL CLEAR THAN IF
YOU HAVE [INAUDIBLE] YOU NEED TO WORK
ON THAT BEFORE YOU GET ADVANCED
GOOD >> REPRESENTATIVE
ZERWAS: YES. MR. CHAIR SUBDIVISION SEVEN OF
THE BILL
REQUIRES THAT OPPONENTS OF CORRECTIONS TO DESIGNATE A SYSTEM OF INCENTIVES
IN ORDER TO WORK THEIR
WAY DOWN. >>
CHAIR CONSIDINE: IS THERE ANYBODY IN THE AUDIENCETHAT
WOULD LIKE TO AND - EXCUSE ME
- REPRESENTATIVE WALGAMOTT >> REPRESENTATIVE WOLGAMOTT: THANK YOU;
MR. CHAIR REPRESENTATIVE ZERWAS; THANK YOU SO MUCH FOR YOUR
YEARS LONG COMMITMENT TO MAKING THIS POSITIVE AND
NECESSARY CHANGES JUST A COUPLE OF QUESTIONS.
DO YOU
HAVE A SENSE OF HOW MANY MORE LICENSED MENTAL HEALTH SERVICES THAT WOULD BE NEEDED TO CARRY OUT THESE CHANGES
AND ON TOP OF THAT ARE YOU SUPPORTIVE
OF THAT IN FTES TO MAKE SURE THESE NEEDED CHANGES CAN BE CARRIED OUT
IN A WAY THEY
NEED TO? >> REPRESENTATIVE ZERWAS: YES;
MR. CHAIR REPRESENTATIVE WALGAMOTT; THE BILL CALLS FOR A
LOT OF POLICY CHANGES
AND SOME CHANGES
IN RECORD-KEEPING. CERTAINLY I KNOW THERE'S SOME
IT REQUEST AND
THE GOVERNOR'S BUDGET. I KNOW
THERE'S SOME CASE MANAGEMENT REQUESTS
IN THE BUDGET. I KNOW SOME
CORRECTIONAL OFFICER
REQUESTS IN
THE GOVERNOR'S BUDGET REQUESTS. I THINK
A COMBINATION TO A DEGREE OF ALL
OF THOSE WILL BE NEEDED TO GET
AN ENTIRE DEPARTMENT OF
CORRECTIONS SYSTEM ENCOMPASSING TO WHERE
IT NEEDS TO BE BUT
SPECIFICS ON HOW MANY CASE MANAGERS OR
HOW MANY CORRECTIONAL OFFICERS
NEEDED TO BE ADDED ABOVE
AND BEYOND WHAT'S ALREADY ALL
OWED FOR AMENDMENTS I'M NOT IN
A POSITION TO DESIGNATE THOSE
EXACT NUMBERS.. I
WOULD CAUTION AS I MENTIONED LAST
NIGHT; THAT ALLOWING AN UPPER LIMIT
;; 160 OR WHATEVER THE FINAL NUMBER
IS ADDITIONAL CORRECTION OFFICERS
BE HIRED WITH 80 OPENINGS
CURRENTLY EXISTING IN A
30%LOSS RATE OF CO OFFICERS CURRENTLY EMPLOYED; I DON'T KNOW
THAT UPPING THE
ALLOWABLE NUMBER OF STAFF WITHIN
THE BUDGET IS THE SILVER
BULLET THAT SOME MAY BELIEVE IT IS.
>
> REPRESENTATIVE WOLGAMOTT: MR. CHAIR ONE LAST MARKET THANK YOU REPRESENTATIVE ZERWAS. I JUST WANT TO BE CLEAR I THINK IS A GOOD POSITIVE CHANGES. I THANK YOU FOR DOING THAT BUT I REALLY BELIEVE THEY CAN BE CARRIED OUT WITHOUT THE ADDITION
OF MORE LICENSED MENTAL HEALTH
SERVICES STAFF. THANK YOU; MR. CHAIR AND THANK YOU
REPRESENTATIVE ZERWAS. >> REPRESENTATIVE ZERWAS:
MR. CHAIR
REPRESENTATIVE WALGAMOTT I WOULD AGREE ON A. >> CHAIR CONSIDINE: ANY
OTHER QUESTIONS FROM PANEL? FROM
THE COMMITTEE? ANYBODY FROM
THE AUDIENCE THAT WOULD LIKE
TO COMMENT? NOT SEEN ANYONE;
WE ARE GOING TO HOLD THIS ONE OVER FOR POSSIBLE INCLUSION IN THE
