Prisoners could opt out of court-ordered treatment programs with religious aspects

Individuals leaving prison with a substance use disorder and ordered to enroll in a treatment program could forgo participation.

Sponsored by Rep. Mike Freiberg (DFL-Golden Valley), HF3486 — also known as the Minnesota Recovery Options Act — would not require an offender to participate in a substance use disorder treatment program as part of their release plan if the person, in good faith, objects to religious elements of a program.

The House Human Services Policy Committee approved the bill Wednesday and sent it to the House Public Safety Finance and Policy Committee.

The entity ordering the treatment program could require the person to enroll in an equivalent alternative treatment program. If one cannot be identified in a reasonable amount of time, the offender could participate in a traditional program but forgo engagement in religious aspects. The bill would prohibit using the person’s good faith refusal against them when it comes to their incarceration, supervised release conditions, or ability to receive treatment.

Steve Kind, Minnesota outreach coordinator at Self-Management and Recovery Training, said many men he works with feel coerced by the rules of sober homes because they require them to meet weekly with a sponsor, a component of religious treatment programs.

“Everyone needs to do recovery their way because if you’re at all forced it won’t work,” said John Capesius, a facilitator at SMART.

The bill has support from the American Atheists, American Civil Liberties Union of Minnesota, Freedom From Religion Foundation Action Fund, HumanistsMN, LifeRing Secular Recovery, and Rainbow Health.

“I did not feel comfortable in [Alcoholics Anonymous],” Julie Raether wrote in a letter to the committee. “There are many people like me who need an alternative to AA that fits their personal recovery journey. For these people, mandating 12-step programs is not an effective solution.”

Rep. Dave Baker (R-Willmar) said he fears the bill would create a new treatment “lane” and put more pressure on the entire system.