MN SF1586

Establishes new felony charge for intentional deprivation of vulnerable adults of necessary food, clothing, shelter, health care, or supervision when caregiver knows deprivation could cause substantial or great bodily harm, or when deprivation occurs over extended period.

Sets sentencing for felony deprivation at up to ten years imprisonment or $10,000 fine for great bodily harm, and up to five years imprisonment or $5,000 fine for substantial bodily harm.

Creates three affirmative defenses to criminal neglect charges: inadequate staffing or supervision preventing non-supervisory employees from providing care; managers/supervisors not knowingly permitting criminal acts; and caregivers preventing harm to another vulnerable adult.

Adds tiered penalties for unreasonable restraint of children, increasing punishment to two years imprisonment or $4,000 fine if restraint causes demonstrable bodily harm, and five years imprisonment or $10,000 fine if it causes substantial bodily harm.

Effective date is August 1, 2012, applying to crimes committed on or after that date.