Committee hears competing testimony on bill to limit Shakopee facility to biological females

Representative Fransen offered House File 4 35, which would require the commissioner of corrections to house only biological females at the Minnesota Correctional Facility in Shakopee and to transfer any non‑biological females there within seven days of enactment.

The sponsor also offered and the committee approved an author’s amendment (A2) that adds a statutory definition of "female". After discussion and a voice vote the chair announced, "Amendment carries." The amended bill would, as written, change facility placement rules in statute.

Alicia Beckman, a former Department of Corrections GED teacher who said she worked at Shakopee for nearly 10 years, testified in support of the bill. Beckman described staff and some incarcerated women as fearful after what she said were transfers of people she described as biological males into Shakopee in mid‑2023. She said staff and women reported harassment, intimidation and incidents that she believes were underreported. "Putting violent ****** offenders within close quarters to them seems punitive and counterproductive," Beckman said, and she urged lawmakers to restore Shakopee as "a space for women only."

Several witnesses testified in opposition. Devika Gai told the committee she opposes HF 4 35 and called it "a flimsy attempt to scapegoat a minority group," saying the committee should focus on improving prisoners’ access to health care, education and programming. Lucy Amelia Geach called the bill "discriminatory and pernicious" and said singling out one group shifts attention away from facility maintenance and other safety issues. Reverend Dr. Justin Sabia Tanis and other faith leaders and advocates said national and academic studies show transgender incarcerated people are at substantially higher risk of sexual and physical assault in men’s facilities, and they urged the committee not to force placement into men’s prisons.

Jess Braverman, legal director at Gender Justice, told the committee the bill would increase danger for transgender women and is likely unlawful. Braverman cited recent federal litigation over an executive order and said courts have found or indicated such policies are likely to violate constitutional protections and the prohibition on cruel and unusual punishment. She said the bill "is a blueprint for increasing violence both inside and outside of government institutions."

Paul Schnell, commissioner of the Minnesota Department of Corrections, described the department’s current placement process. He said when someone identifies as transgender the department evaluates requests through a multidisciplinary review that considers nine factors including perpetration history, gender expression and an individual’s own assessment of safety; recommendations go to a gender‑identity committee and to deputy leadership, and medical decisions are made by qualified clinicians. Schnell said the department had implemented a comprehensive policy following litigation and that it delays application of earned credits to allow assessment before early release decisions. He told the committee the process is intended to manage safety but acknowledged the department has learned from its initial implementation and that some community members wished for a longer lead time for changes.

Representative Tabke and other members raised questions about reported incidents and asked the commissioner to provide more detail; Schnell said the department manages safety issues daily and that placements are handled with safety as the primary consideration. The commissioner told the committee the incarcerated population across Minnesota is about 8,300 and that 49 people systemwide have identified as transgender in the department’s records.

The committee voted to approve the amendment A2 and then laid House File 4 35 over for a fiscal note. Members flagged constitutional and legal risks and that the attorney general’s office would likely defend the department in any challenge. Several members urged caution because of potential litigation costs and safety research showing transgender people are at high risk in male facilities.

Ending: The committee adopted the author's amendment adding a statutory definition of female, heard substantial pro and con testimony about safety and legal risks, and laid the amended bill over pending a fiscal note; members asked the Department of Corrections for details about placement decisions and incident reports.