[ST. PAUL, MN] – Yesterday, Governor Tim Walz, Lieutenant Governor Peggy Flanagan, and Minnesota Department of Corrections (DOC) Commissioner Paul Schnell met with Del Shea Perry to discuss the life and legacy of her son, Hardel Sherrell, and commemorate the passage of the Hardel Sherrell Act. In 2018, Mr. Sherrell died as a result of medical neglect while in the custody of Beltrami County Jail. The Hardel Sherrell Act, which passed in the recent special legislative session with bipartisan support, mandates policy reforms and strengthens standards to improve safety for incarcerated individuals and staff in local and state correctional facilities. The Walz-Flanagan Administration and the DOC have moved quickly to begin implementation of these reforms.

After her son’s death, Del Shea Perry founded the organization Be Their Voices to advocate for incarcerated individuals experiencing abuse, neglect, or mistreatment. She was the lead advocate for the Hardel Sherrell Act.

“The Hardel Sherrell Act shows that bipartisan reform is possible,” said Governor Walz. “For true reform, and to keep our communities safe, we need to be able to hold people accountable when they fail in their duty to protect those in their care and custody. And now we’ve changed 115-year-old statutes to bring some much-needed accountability to the system. Del Shea’s strength in the wake of unspeakable loss made this possible. To her, and to the countless other advocates involved – thank you for your tireless work. The loss of Hardel Sherrell is irreparable, and this legislation does not bring a mother’s son back. But it does mark the start of meaningful change that will save lives for decades to come.”

“Through her tireless work to pass the Hardel Sherrell Act and make our state better for all Minnesotans, Del Shea Perry has taught me about the power of a mother’s love. It should not have taken the death of her son, Hardel, to get here,” said Lieutenant Governor Flanagan. “With the passage of this legislation, Minnesota’s correctional facilities will be held to a higher standard to ensure no parent has to endure such a terrible loss ever again. As we move forward, we will continue fighting for incarcerated Minnesotans, and we will continue fighting for Hardel.”

“We have a crisis situation in our state and we desperately needed reforms to save lives,” said DOC Commissioner Schnell. “People are held in custody for a wide array of reasons – it shouldn’t be a death sentence because of a failure to provide basic levels of care. The Hardel Sherrell Act sets clear expectations that will improve the standards of confinement, help ensure all incarcerated individuals are treated with basic levels of care and save lives.”

The Hardel Sherrell Act:

· Requires the commissioner of corrections to establish minimum standards on mental health, suicide prevention, medication administration and discharge planning, code of conduct policy development, and death reviews
· Updates language and clarifies ways the commissioner may act without revoking a facility license and codifies steps needed to correct deficiencies
· Establishes a clear process for the revocation of facility licenses when they are found to be unfit for use
· Requires audits of facilities
· Requires death review teams
· Limits and clarifies use of force applied in correctional facilities

The DOC developed the legislation in collaboration with Del Shea Perry and other advocates for confinement reform and mental health. The legislation was chief authored by Representative Jamie Long and Senator Ron Latz and supported by advocacy programs such as the National Alliance on Mental Illness (NAMI) and the Advocates for Human Rights. The Hardel Sherrell Act passed with unanimous support and was signed into law by Governor Walz on June 29, 2021.

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