Text of MN SF 3133 (2025)

Bill of rights establishment for people utilizing shelter

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1.1 A bill for an act​ 1.2 relating to human services; establishing a bill of rights for people utilizing shelter;​ 1.3 appropriating money; proposing coding for new law in Minnesota Statutes, chapter​ 1.4 256K.​ 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.6 Section 1. [256K.55] BILL OF RIGHTS FOR PEOPLE UTILIZING SHELTER.​ 1.7 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 1.8 the meanings given.​ 1.9 (b) "Homeless" or "homelessness" means lacking a fixed, regular, and adequate residence.​ 1.10 (c) "Homeless shelter" or "shelter" means any building, regardless of nature of ownership​ 1.11 or operation or source of funding, intended for temporary indoor sleeping accommodations​ 1.12 for persons who are homeless, including single adults, families, youth, or survivors of​ 1.13 domestic violence or sexual assault. Homeless shelter or shelter does not include a shelter​ 1.14 located on Tribal land or owned, operated, or administered by a Tribe.​ 1.15 (d) "People utilizing shelter" or "people" means persons utilizing a homeless shelter in​ 1.16 Minnesota.​ 1.17 (e) "Service animal" has the meaning given in section 504B.113, paragraph (b).​ 1.18 (f) "Support animal" has the meaning given in section 504B.113, paragraph (c).​ 1.19 Subd. 2. Right to be treated with dignity and respect. (a) People utilizing shelter have​ 1.20 the right to be treated with courtesy, dignity, and respect for their humanity, individuality,​ 1.21 identity, and property by staff, volunteers, contractors, and agents of a shelter. People have​ 1.22 the right to be treated equally and without discrimination because of their race, color,​ 1​ Section 1.​ 25-05029 as introduced​ 03/21/25 REVISOR XX/LN​ SENATE​ STATE OF MINNESOTA​ S.F. No. 3133​ NINETY-FOURTH SESSION​ (SENATE AUTHORS: FATEH)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 04/01/2025​ Referred to Health and Human Services​ 2.1 ethnicity, national origin, religion, creed, citizenship status, age, disability, gender, gender​ 2.2 identity, sexual orientation, employment status, source of income, personal appearance,​ 2.3 status as a military veteran, marital status, familial status, medical history, need for a service​ 2.4 animal or a support animal, limited English proficiency, or lack of a valid state driver's​ 2.5 license, nondriver ID, or other form of government-issued identification.​ 2.6 (b) Nothing in this section prohibits denial of shelter to:​ 2.7 (1) a single adult by a shelter serving families only;​ 2.8 (2) a family by a shelter serving single adults only;​ 2.9 (3) an ineligible person by a shelter serving youths only; or​ 2.10 (4) an ineligible person by a shelter serving survivors of domestic violence only.​ 2.11 Subd. 3. Right to adequate facilities. People utilizing shelter have the right to be​ 2.12 sheltered in facilities that are safe, clean, sanitary, and adequate to meet their temporary​ 2.13 housing needs, including but not limited to sufficient and accessible restroom and shower​ 2.14 facilities, sufficient space for wheelchairs and walkers, sufficient place for storage of personal​ 2.15 items, and bedding and basic hygiene necessities. If a shelter serves food, people utilizing​ 2.16 shelter have the right to food prepared in a safe and sanitary manner in accordance with all​ 2.17 applicable health codes.​ 2.18 Subd. 4. Right to reasonable accommodations. (a) People with disabilities utilizing​ 2.19 shelter have the right to reasonable accommodations and modifications of policies, practices,​ 2.20 and procedures, including the rights and remedies granted under the Americans with​ 2.21 Disabilities Act, the Fair Housing Act, section 504 of the Rehabilitation Act, and the​ 2.22 Minnesota Human Rights Act. People have the right to have a service animal or a support​ 2.23 animal in a shelter and space to accommodate them.​ 2.24 (b) People have the right to reasonable modification of rules and policies to accommodate​ 2.25 work or child care hours and schedules, emergencies, obligations to care for relatives who​ 2.26 do not reside in the shelter, and other extenuating circumstances that would result in the​ 2.27 need to leave or return at times other than those articulated in the shelter rules to ensure no​ 2.28 person utilizing shelter is unreasonably denied entry to the shelter facility.​ 2.29 (c) Shelters must take reasonable measures to:​ 2.30 (1) ensure that people with limited English proficiency understand the shelter rules and​ 2.31 policies and can communicate with staff; and​ 2.32 (2) accommodate people with special dietary needs or religious restrictions.​ 2​ Section 1.​ 25-05029 as introduced​ 03/21/25 REVISOR XX/LN​ 3.1 Subd. 5. Right to privacy. People utilizing shelter have the right to personal privacy,​ 3.2 at a minimum, when:​ 3.3 (1) changing clothes;​ 3.4 (2) using toilets, showers, and baths; and​ 3.5 (3) during medical examination or treatment.​ 3.6 Subd. 6. Right to confidentiality of records. People utilizing shelter have the right to​ 3.7 have their personal, financial, health, and medical records kept private and secured. Except​ 3.8 as otherwise required or allowed under law, a shelter may not release records of a person​ 3.9 utilizing shelter without the person's consent.​ 3.10 Subd. 7. Right to know about shelter rules and available resources. Upon admission​ 3.11 to a shelter, or as soon as practicable thereafter, every person utilizing shelter must be offered​ 3.12 a notice in writing or provided in a method that is accessible to the person that include:​ 3.13 (1) the rules of the shelter, including any potential exclusions or exceptions, and a staff​ 3.14 person to whom questions or concerns can be directed;​ 3.15 (2) a list of the rights enumerated in this section and, if requested, a full copy of this​ 3.16 section;​ 3.17 (3) the shelter's procedures for requesting accommodations under subdivision 4;​ 3.18 (4) the shelter's grievance procedure, which also must be filed with the office of economic​ 3.19 opportunity of the Department of Human Services; and​ 3.20 (5) a list of, and contact information for, public and private resources, including​ 3.21 organizations providing:​ 3.22 (i) mental, physical, and chemical health care;​ 3.23 (ii) case management, housing, or employment services; and​ 3.24 (iii) assistance accessing public benefits.​ 3.25 Subd. 8. Right to meet with attorneys, advocates, and others. People utilizing shelter​ 3.26 have the right to meet and communicate privately with attorneys, advocates, clergy,​ 3.27 physicians, medical providers, social workers, and other professionals. The meetings must​ 3.28 be allowed at reasonable hours, and immediately in an emergency, consistent with any​ 3.29 physical limitations of the shelter facility.​ 3.30 Subd. 9. Right to complain. People utilizing shelter have the right to file grievances​ 3.31 with the shelter provider or any relevant government entity regarding treatment of a person​ 3​ Section 1.​ 25-05029 as introduced​ 03/21/25 REVISOR XX/LN​ 4.1 or the services provided by the shelter. A person may file a confidential grievance either​ 4.2 verbally or in writing. Shelters must establish a confidential grievance procedure that includes​ 4.3 identification of to whom a confidential complaint can be made. Shelters may not retaliate​ 4.4 in any way against the person filing the grievance.​ 4.5 Subd. 10. Ending shelter stay or services. (a) A shelter manager or staff may end the​ 4.6 stay of a person utilizing shelter if the shelter determines that the person poses a danger to​ 4.7 shelter staff or other inhabitants based on a credible report that the person committed an act​ 4.8 that would constitute criminal sexual conduct under sections 609.342 to 609.3451, inflicted​ 4.9 or attempted to inflict bodily harm upon another, or used or threatened to use a dangerous​ 4.10 weapon as defined in section 609.02, subdivision 6. In all other cases, ending a person's​ 4.11 stay in shelter can occur only in the most severe circumstances.​ 4.12 (b) Shelters must exercise judgment before ending a person's stay in shelter. Before​ 4.13 ending the person's stay, the shelter must:​ 4.14 (1) give the person the right to explain or refute the allegations that form the basis for​ 4.15 ending the person's stay;​ 4.16 (2) examine all extenuating circumstances, including but not limited to:​ 4.17 (i) the person's age and any known or apparent mental health conditions; and​ 4.18 (ii) whether ending the person's stay in shelter in dangerous weather conditions will​ 4.19 jeopardize the life, health, or safety of the person;​ 4.20 (3) have the situation reviewed by a minimum of three shelter staff; and​ 4.21 (4) provide opportunity for mediation or conflict resolution.​ 4.22 (c) A person whose shelter stay has involuntarily been ended has the right to be provided​ 4.23 with written documentation of the reason that the stay was ended; the date that the stay​ 4.24 ends; and the procedure to file a grievance or, if applicable, appeal.​ 4.25 Subd. 11. No effect on other rights. Nothing in this section shall be construed to​ 4.26 eliminate, limit, or modify any rights of people utilizing shelter, including rights of notice​ 4.27 or appeal, granted under any other provision of law.​ 4.28 EFFECTIVE DATE. This section is effective August 1, 2026, except subdivision 7,​ 4.29 clause (5), is effective January 1, 2026.​ 4​ Section 1.​ 25-05029 as introduced​ 03/21/25 REVISOR XX/LN​ 5.1 Sec. 2. DIRECTION TO COMMISSIONER; BILL OF RIGHTS FOR PEOPLE​ 5.2 UTILIZING SHELTER.​ 5.3 No later than January 1, 2026, the commissioner of human services, in consultation with​ 5.4 relevant state and local agencies, including the Minnesota Interagency Council on​ 5.5 Homelessness and nonprofit organizations serving or advocating for individuals and families​ 5.6 who are experiencing homelessness, must develop a list of resources required to be distributed​ 5.7 under Minnesota Statutes, section 256K.55, subdivision 7, clause (5).​ 5.8 Sec. 3. APPROPRIATION; BILL OF RIGHTS FOR PEOPLE UTILIZING​ 5.9 SHELTER.​ 5.10 $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of​ 5.11 human services to develop the list of resources required to be distributed under Minnesota​ 5.12 Statutes, section 256K.55, subdivision 7, clause (5). This is a onetime appropriation.​ 5​ Sec. 3.​ 25-05029 as introduced​ 03/21/25 REVISOR XX/LN​