Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1353 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to corrections; clarifying responsibilities of Department of Corrections
3	3	1.3 licensed facilities; amending Minnesota Statutes 2024, section 241.021, subdivisions
4	4	1.4 1f, 4a, 7; proposing coding for new law in Minnesota Statutes, chapter 241;
5	5	1.5 repealing Minnesota Statutes 2024, section 241.021, subdivisions 1, 1a, 1b, 1c,
6	6	1.6 1d, 1e, 1g, 1h, 1i, 2, 2a, 2b, 3, 6, 8.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. [241.011] LICENSING AND INSPECTING LOCAL CORRECTIONAL
9	9	1.9FACILITIES.
10	10	1.10 Subdivision 1.Scope.Unless otherwise provided by law, sections 241.011 to 241.013
11	11	1.11apply to local correctional facilities licensed by the commissioner of corrections.
12	12	1.12 Subd. 2.Definitions.(a) For purposes of sections 241.011 to 241.021, the terms defined
13	13	1.13in this subdivision have the meanings given.
14	14	1.14 (b) "Commissioner" means the commissioner of corrections.
15	15	1.15 (c) "Critical incident" has the meaning given in Minnesota Rules, part 2960.0020, subpart
16	16	1.1624.
17	17	1.17 (d) "Department" means the Department of Corrections.
18	18	1.18 (e) "Facility administrator" means the officer in charge of a local correctional facility.
19	19	1.19 (f) "Local correctional facility" means:
20	20	1.20 (1) for a facility licensed to detain or house primarily adults, a facility with the primary
21	21	1.21purpose of serving individuals placed in the facility by:
22	22	1.22 (i) a court;
23	23	1Section 1.
24	24	REVISOR EB/MI 25-0049801/16/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 1353
30	30	NINETY-FOURTH SESSION 2.1 (ii) a court services department;
31	31	2.2 (iii) a parole authority; or
32	32	2.3 (iv) another correctional agency having dispositional power over individuals charged
33	33	2.4with, convicted, or adjudicated guilty or delinquent; and
34	34	2.5 (2) for a facility licensed to detain or serve juveniles, a facility, including a group home
35	35	2.6having a residential component, serving juveniles for the primary purpose of:
36	36	2.7 (i) residential care and treatment;
37	37	2.8 (ii) detention; or
38	38	2.9 (iii) foster care services for children in need of out-of-home placement.
39	39	2.10 (g) "State correctional facility" means a correctional facility under the commissioner's
40	40	2.11control.
41	41	2.12 Subd. 3.Local correctional facilities; inspection and licensing.(a) The commissioner
42	42	2.13must inspect and license all local correctional facilities throughout the state established and
43	43	2.14operated:
44	44	2.15 (1) for detaining, confining, or housing individuals confined or incarcerated in the
45	45	2.16facilities; or
46	46	2.17 (2) consistent with section 241.013, subdivision 3, paragraph (a), for detaining or serving
47	47	2.18juveniles placed in the facilities by a correctional or noncorrectional agency.
48	48	2.19 (b) No individual, corporation, partnership, voluntary association, or other private
49	49	2.20organization legally responsible for operating a local correctional facility may operate the
50	50	2.21facility unless it has an active license from the commissioner. Private local correctional
51	51	2.22facilities have the authority of section 624.714, subdivision 13, if the commissioner licenses
52	52	2.23the facility with the authority and the facility meets the requirements of section 243.52.
53	53	2.24 (c) The department's inspection unit must report directly to a division head outside of
54	54	2.25the correctional institutions division.
55	55	2.26 Subd. 4.Inspecting facilities for compliance; publishing inspection reports.(a)
56	56	2.27Unless the commissioner determines otherwise, the commissioner must inspect all local
57	57	2.28correctional facilities at least once every two years to determine compliance with the
58	58	2.29minimum standards established according to sections 241.011 to 241.013 or any other law
59	59	2.30related to minimum standards and conditions of confinement.
60	60	2Section 1.
61	61	REVISOR EB/MI 25-0049801/16/25 3.1 (b) The commissioner must have access to the facility's buildings, grounds, books,
62	62	3.2records, and staff and to individuals confined, incarcerated, or housed in or served by local
63	63	3.3correctional facilities. The commissioner may require facility administrators to furnish all
64	64	3.4information and statistics that the commissioner deems necessary at a time and place
65	65	3.5designated by the commissioner.
66	66	3.6 (c) The commissioner must post each facility inspection report publicly on the
67	67	3.7department's website within 30 days after completing an inspection.
68	68	3.8 Subd. 5.Granting license; expiration.(a) The commissioner must grant a license for
69	69	3.9up to two years to:
70	70	3.10 (1) any facility found to conform to minimum standards; or
71	71	3.11 (2) any facility that the commissioner determines is making satisfactory progress toward
72	72	3.12substantial conformity and any minimum standards not being met do not impact the interests
73	73	3.13and well-being of the individuals confined, incarcerated, or housed in or served by the
74	74	3.14facility.
75	75	3.15 (b) A limited license may be issued to effectuate a facility closure.
76	76	3.16 (c) Unless otherwise provided by law, all licenses issued under sections 241.011 to
77	77	3.17241.013 expire 12:01 a.m. on the day after the expiration date stated on the license.
78	78	3.18 Subd. 6.Providing and accessing facility data.(a) The commissioner may require that
79	79	3.19any information under sections 241.011 to 241.013 be provided through the department's
80	80	3.20detention information system.
81	81	3.21 (b) Notwithstanding chapter 13 or any other state law classifying or restricting access
82	82	3.22to data, a facility administrator must furnish to the commissioner all data available to a local
83	83	3.23correctional facility that the commissioner deems necessary for reviewing any critical
84	84	3.24incident or emergency or unusual occurrence at the facility.
85	85	3.25 (c) The commissioner may take action against a facility's license according to section
86	86	3.26241.012 if a facility administrator fails to provide or grant access to relevant information
87	87	3.27or statistics requested by the commissioner that are necessary to conduct or complete any
88	88	3.28of the following:
89	89	3.29 (1) inspections;
90	90	3.30 (2) reviews of emergency or unusual occurrences; or
91	91	3.31 (3) reviews of critical incidents.
92	92	3Section 1.
93	93	REVISOR EB/MI 25-0049801/16/25 4.1 Subd. 7.Reporting; deaths, emergencies or unusual occurrences, and critical
94	94	4.2incidents.(a) A facility administrator must report to the commissioner when:
95	95	4.3 (1) an individual detained, confined, or housed in the facility dies at the facility; or
96	96	4.4 (2) an individual dies while receiving medical care stemming from an incident or need
97	97	4.5for medical care at the facility that occurred while the individual was detained, confined,
98	98	4.6or housed in the facility.
99	99	4.7 (b) Paragraph (a), clause (2), applies regardless of whether:
100	100	4.8 (1) the individual was considered detained in the facility while receiving the medical
101	101	4.9care; or
102	102	4.10 (2) for a facility that is not a jail, the individual was subject to the facility's authority
103	103	4.11while receiving the medical care.
104	104	4.12 (c) A facility administrator must report a death under this subdivision as soon as
105	105	4.13practicable, but no later than 24 hours of receiving knowledge of the death, and must include
106	106	4.14any demographic information required by the commissioner.
107	107	4.15 (d) Except for deaths under paragraphs (a) to (c), all facility administrators must report
108	108	4.16all critical incidents or, as defined by rule, emergency or unusual occurrences, to the
109	109	4.17commissioner within ten days of the incident or occurrence, including any demographic
110	110	4.18information required by the commissioner. For a local adult correctional facility, the facility
111	111	4.19administrator must report uses of force by facility staff that result in substantial bodily harm
112	112	4.20or suicide attempts.
113	113	4.21 (e) The commissioner must consult with the Minnesota Sheriffs' Association and a
114	114	4.22representative from the Minnesota Association of Community Corrections Act Counties
115	115	4.23who is responsible for operating a local adult correctional facility to define, for reporting
116	116	4.24under statute or rule, use of force that results in substantial bodily harm.
117	117	4.25 Subd. 8.Death review teams.(a) If a local correctional facility receives information of
118	118	4.26the death of an individual who died under the circumstances described in subdivision 7,
119	119	4.27paragraph (a), the following individuals must, within 90 days of the death, review the
120	120	4.28circumstances of the death and assess for preventable mortality and morbidity, including
121	121	4.29recommending policy or procedure change:
122	122	4.30 (1) the facility administrator;
123	123	4Section 1.
124	124	REVISOR EB/MI 25-0049801/16/25 5.1 (2) a medical expert of the facility's choosing who did not provide medical services to
125	125	5.2the individual and who is licensed as a physician or physician assistant by the Board of
126	126	5.3Medical Practice under chapter 147 or 147A; and
127	127	5.4 (3) if appropriate, a mental health expert.
128	128	5.5 (b) The investigating law enforcement agency may provide documentation, participate
129	129	5.6in, or provide documentation and participate in the review if criminal charges are not brought.
130	130	5.7A preliminary autopsy report must be provided as part of the review and any subsequent
131	131	5.8autopsy findings as available.
132	132	5.9 (c) The facility administrator must provide notice to the commissioner via the
133	133	5.10department's detention information system that the facility has conducted a review and
134	134	5.11identify any recommendations for changes in policy, procedure, or training that will be
135	135	5.12implemented.
136	136	5.13 (d) Any report or other documentation created for purposes of a facility death review is
137	137	5.14confidential data on individuals, as defined in section 13.02, subdivision 3. Nothing in this
138	138	5.15section relieves the facility administrator from complying with the notice of death to the
139	139	5.16commissioner required under subdivision 7.
140	140	5.17 Subd. 9.Rulemaking.(a) The commissioner must adopt rules establishing minimum
141	141	5.18standards for local adult and juvenile correctional facilities for their management, operation,
142	142	5.19and physical condition and the security, safety, health, treatment, and discipline of individuals
143	143	5.20confined, incarcerated, or housed in or served by the facilities. The minimum standards for
144	144	5.21local adult correctional facilities must include but are not limited to specific guidance
145	145	5.22pertaining to:
146	146	5.23 (1) screening, appraisal, assessment, and treatment for confined or incarcerated individuals
147	147	5.24with mental illness or substance use disorders;
148	148	5.25 (2) a policy on the involuntary administration of medications;
149	149	5.26 (3) suicide prevention plans and training;
150	150	5.27 (4) verification of medications in a timely manner;
151	151	5.28 (5) well-being checks;
152	152	5.29 (6) discharge planning, including providing prescribed medications to individuals
153	153	5.30confined or incarcerated in correctional facilities upon release;
154	154	5.31 (7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
155	155	5.32institution;
156	156	5Section 1.
157	157	REVISOR EB/MI 25-0049801/16/25 6.1 (8) use of segregation and mental health checks;
158	158	6.2 (9) critical incident debriefings;
159	159	6.3 (10) clinical management of substance use disorders and opioid overdose emergency
160	160	6.4procedures;
161	161	6.5 (11) a policy regarding identification of confined or incarcerated individuals with special
162	162	6.6needs;
163	163	6.7 (12) a policy regarding the use of telehealth;
164	164	6.8 (13) self-auditing of compliance with minimum standards;
165	165	6.9 (14) information sharing with medical personnel and when medical assessment must be
166	166	6.10facilitated;
167	167	6.11 (15) a code of conduct policy for facility staff and annual training;
168	168	6.12 (16) a policy on reviewing all circumstances surrounding the death of an individual
169	169	6.13detained, confined, or housed in the facility; and
170	170	6.14 (17) dissemination of a rights statement made available to confined or incarcerated
171	171	6.15individuals.
172	172	6.16 (b) Nothing in this section limits the commissioner's authority to adopt rules establishing
173	173	6.17standards of eligibility for counties to receive funds under chapter 401 or to require counties
174	174	6.18to comply with operating standards that the commissioner establishes as a condition precedent
175	175	6.19for counties to receive the funding.
176	176	6.20 (c) The time limit to adopt rules under section 14.125 does not apply to amendments to
177	177	6.21rule chapters in effect on the effective date of this section.
178	178	6.22 Sec. 2. [241.012] LICENSING ACTIONS AGAINST LOCAL CORRECTIONAL
179	179	6.23FACILITIES.
180	180	6.24 Subdivision 1.Correction order; conditional license.(a) For any local correctional
181	181	6.25facility, the commissioner must:
182	182	6.26 (1) promptly notify the facility administrator and the facility's governing board of a
183	183	6.27deficiency if the commissioner finds that:
184	184	6.28 (i) the facility does not substantially conform to the minimum standards established by
185	185	6.29the commissioner and is not making satisfactory progress toward substantial conformance;
186	186	6.30and
187	187	6Sec. 2.
188	188	REVISOR EB/MI 25-0049801/16/25 7.1 (ii) the nonconformance does not present an imminent risk of life-threatening harm or
189	189	7.2serious physical injury to the individuals confined, incarcerated, or housed in or served by
190	190	7.3the facility; and
191	191	7.4 (2) issue a correction order or a conditional license order requiring that the deficiency
192	192	7.5be remedied within a reasonable and specified period.
193	193	7.6 (b) A conditional license order may restrict the use of any facility that does not
194	194	7.7substantially conform to minimum standards, including by:
195	195	7.8 (1) imposing conditions limiting operation of the facility or parts of the facility;
196	196	7.9 (2) reducing facility capacity;
197	197	7.10 (3) limiting intake;
198	198	7.11 (4) limiting length of detention or placement for individuals; or
199	199	7.12 (5) imposing detention or placement limitations based on the needs of the confined,
200	200	7.13incarcerated, or housed individuals or individuals served by the facility.
201	201	7.14 (c) A correction order or conditional license order must clearly state the following:
202	202	7.15 (1) the specific minimum standards violated, noting the implicated rule or statute;
203	203	7.16 (2) the findings that constitute a violation of minimum standards;
204	204	7.17 (3) the corrective action needed;
205	205	7.18 (4) the time allowed to correct each violation; and
206	206	7.19 (5) if a license is made conditional:
207	207	7.20 (i) the length and terms of the conditional license;
208	208	7.21 (ii) any conditions limiting operation of the facility or parts of the facility; and
209	209	7.22 (iii) the reasons for making the license conditional.
210	210	7.23 (d) Nothing in this section prohibits the commissioner from ordering a revocation under
211	211	7.24subdivision 3 before issuing a correction order or conditional license order.
212	212	7.25 Subd. 2.Requesting review of conditional license order.(a) A facility administrator
213	213	7.26may request that the commissioner review the findings in a conditional license order under
214	214	7.27subdivision 1 on the grounds that satisfactory progress toward substantial compliance with
215	215	7.28minimum standards has been made, supported by evidence of correction. If appropriate, the
216	216	7.29request may include a written schedule for compliance.
217	217	7Sec. 2.
218	218	REVISOR EB/MI 25-0049801/16/25 8.1 (b) Within ten business days of receiving a request, the commissioner must review the
219	219	8.2evidence of correction and the progress made toward substantial compliance with minimum
220	220	8.3standards.
221	221	8.4 (c) When the commissioner has assurance that satisfactory progress toward substantial
222	222	8.5compliance with minimum standards is being made, the commissioner must:
223	223	8.6 (1) modify or lift any conditions limiting operation of the facility or parts of the facility;
224	224	8.7or
225	225	8.8 (2) remove the conditional license order.
226	226	8.9 Subd. 3.License revocation order.(a) After due notice to a facility administrator of
227	227	8.10the commissioner's intent to issue a revocation order, the commissioner may issue an order
228	228	8.11revoking a facility's license if the commissioner finds that:
229	229	8.12 (1) the facility does not conform to minimum standards or is not making satisfactory
230	230	8.13progress toward substantial compliance with minimum standards; and
231	231	8.14 (2) the nonconformance does not present an imminent risk of life-threatening harm or
232	232	8.15serious physical injury to the individuals confined, incarcerated, or housed in or served by
233	233	8.16the facility.
234	234	8.17 (b) The notice of intent to issue a revocation order must include:
235	235	8.18 (1) the citation to minimum standards that have been violated;
236	236	8.19 (2) the nature and severity of each violation;
237	237	8.20 (3) whether the violation is recurring or nonrecurring;
238	238	8.21 (4) the effect of the violation on individuals confined, incarcerated, or housed in or
239	239	8.22served by the facility;
240	240	8.23 (5) an evaluation of the risk of harm to individuals confined, incarcerated, or housed in
241	241	8.24or served by the facility; and
242	242	8.25 (6) relevant facts, conditions, and circumstances on the facility's operation, including at
243	243	8.26a minimum:
244	244	8.27 (i) specific facility deficiencies that endanger the health or safety of individuals confined,
245	245	8.28incarcerated, or housed in or served by the facility;
246	246	8.29 (ii) substantiated complaints relating to the facility; or
247	247	8.30 (iii) any other evidence that the facility is not in compliance with minimum standards.
248	248	8Sec. 2.
249	249	REVISOR EB/MI 25-0049801/16/25 9.1 (c) Within 30 days of receiving a notice under paragraph (b), the facility administrator
250	250	9.2must submit a written response with:
251	251	9.3 (1) any information related to errors in the notice and the facility's ability to conform to
252	252	9.4minimum standards within a set period, including but not limited to a written schedule for
253	253	9.5compliance and any other information that the facility administrator deems relevant for the
254	254	9.6commissioner's consideration; and
255	255	9.7 (2) a written plan:
256	256	9.8 (i) indicating how the facility will ensure the transfer of confined, incarcerated, or housed
257	257	9.9individuals, or individuals served by the facility, and records if the facility closes; and
258	258	9.10 (ii) specifying arrangements that the facility will make to transfer confined, incarcerated,
259	259	9.11or housed individuals, or individuals served by the facility, to another licensed local
260	260	9.12correctional facility for continuation of detention.
261	261	9.13 (d) When revoking a license, the commissioner must consider:
262	262	9.14 (1) the nature, chronicity, or severity of the statute or rule violation; and
263	263	9.15 (2) the effect of the violation on the health, safety, or rights of individuals confined,
264	264	9.16incarcerated, or housed in or served by the facility.
265	265	9.17 (e) The commissioner must issue a revocation order if the facility administrator does
266	266	9.18not respond within 30 days to the notice or if the commissioner does not have assurance
267	267	9.19that satisfactory progress toward substantial compliance with minimum standards will be
268	268	9.20made. The revocation order must be sent to the facility administrator and the facility's
269	269	9.21governing board, clearly stating:
270	270	9.22 (1) the specific minimum standards violated, noting the implicated rule or statute;
271	271	9.23 (2) the findings that constitute a violation of minimum standards and the nature,
272	272	9.24chronicity, or severity of the violations;
273	273	9.25 (3) the corrective action needed;
274	274	9.26 (4) any prior correction or conditional license order issued to correct a violation; and
275	275	9.27 (5) the date at which the license revocation will occur.
276	276	9.28 (f) A revocation order may authorize facility use until a certain date, not to exceed the
277	277	9.29duration of the active license:
278	278	9.30 (1) unless a limited license is issued by the commissioner to effectuate a facility closure;
279	279	9.31and
280	280	9Sec. 2.
281	281	REVISOR EB/MI 25-0049801/16/25 10.1 (2) if continued operation does not present an imminent risk of life-threatening harm or
282	282	10.2is not likely to result in serious physical injury to the individuals confined, incarcerated, or
283	283	10.3housed in or served by the facility.
284	284	10.4 (g) After a facility's license is revoked, the facility must not be used until the license is
285	285	10.5reinstated. When the commissioner is assured that satisfactory progress toward substantial
286	286	10.6compliance with minimum standards is being made, the commissioner may, at the request
287	287	10.7of the facility administrator supported by a written schedule for compliance, reinstate the
288	288	10.8license.
289	289	10.9 Subd. 4.Reconsideration orders.(a) If a facility administrator believes that a correction
290	290	10.10order, conditional license order, or revocation order is in error, the facility administrator
291	291	10.11may ask the commissioner to reconsider the parts of the order or the action that is alleged
292	292	10.12to be in error. The request for reconsideration must:
293	293	10.13 (1) be made in writing;
294	294	10.14 (2) be postmarked and sent to the commissioner within 30 calendar days after receiving
295	295	10.15the order;
296	296	10.16 (3) specify the parts of the order or the action that is alleged to be in error;
297	297	10.17 (4) explain why the order or action is in error; and
298	298	10.18 (5) include documentation to support the allegation of error.
299	299	10.19 (b) The commissioner must issue a disposition within 60 days of receiving the facility
300	300	10.20administrator's response under paragraph (a). A request for reconsideration does not stay
301	301	10.21any provisions or requirements of the order.
302	302	10.22 Subd. 5.Temporary immediate license suspension.(a) The commissioner must act
303	303	10.23immediately to temporarily suspend a license issued under sections 241.011 to 241.013 if:
304	304	10.24 (1) the facility's failure to comply with applicable minimum standards or the conditions
305	305	10.25in the facility pose an imminent risk of life-threatening harm or serious physical injury to
306	306	10.26individuals confined, incarcerated, or housed in or served by the facility; staff; law
307	307	10.27enforcement; visitors; or the public and:
308	308	10.28 (i) if the imminent risk of life-threatening harm or serious physical injury cannot be
309	309	10.29promptly corrected through a different type of order under this section; and
310	310	10.30 (ii) the facility cannot or has not corrected the violation giving rise to the imminent risk
311	311	10.31of life-threatening harm or serious physical injury; or
312	312	10Sec. 2.
313	313	REVISOR EB/MI 25-0049801/16/25 11.1 (2) while the facility continues to operate pending due notice and opportunity for written
314	314	11.2response to the commissioner's notice of intent to issue a revocation order under subdivision
315	315	11.33, the commissioner identifies one or more subsequent violations of minimum standards
316	316	11.4that may adversely affect the health or safety of individuals confined, incarcerated, or housed
317	317	11.5in or served by the facility; staff; law enforcement; visitors; or the public.
318	318	11.6 (b) A notice stating the reasons for the temporary immediate suspension must be delivered
319	319	11.7by personal service to the facility administrator and the facility's governing board.
320	320	11.8 (c) A facility administrator and the facility's governing board must discontinue operating
321	321	11.9the facility upon receiving the commissioner's order to immediately suspend the license.
322	322	11.10 Subd. 6.Requesting reconsideration of temporary immediate suspension.(a) A
323	323	11.11facility administrator may request reconsideration of an order immediately suspending a
324	324	11.12license. The request for reconsideration must be made in writing and sent by certified mail
325	325	11.13or personal service as follows:
326	326	11.14 (1) if mailed, the request for reconsideration must be postmarked and sent to the
327	327	11.15commissioner within five business days after the facility administrator receives notice that
328	328	11.16the license has been immediately suspended; and
329	329	11.17 (2) if a request is made by personal service, the request must be received by the
330	330	11.18commissioner within five business days after the facility administrator received the order.
331	331	11.19 (b) The request for reconsideration must:
332	332	11.20 (1) specify the parts of the order that are alleged to be in error;
333	333	11.21 (2) explain why they are in error; and
334	334	11.22 (3) include documentation to support the allegation of error.
335	335	11.23 (c) Within five business days of receiving the facility administrator's timely request for
336	336	11.24reconsideration, the commissioner must review the request. For a review under subdivision
337	337	11.255, paragraph (a), clause (2), the review must be limited solely to whether the temporary
338	338	11.26immediate suspension order should remain in effect pending the written response to the
339	339	11.27commissioner's notice of intent to issue a revocation order.
340	340	11.28 Subd. 7.Appealing commissioner's reconsideration request.(a) The commissioner's
341	341	11.29disposition of a request for reconsideration of a correction, conditional license, temporary
342	342	11.30immediate suspension, or revocation order is final and subject to appeal. Before a facility
343	343	11.31administrator may request an appeal under paragraph (b), the facility administrator must
344	344	11Sec. 2.
345	345	REVISOR EB/MI 25-0049801/16/25 12.1request reconsideration according to this section of any correction, conditional license,
346	346	12.2temporary immediate suspension, or revocation order.
347	347	12.3 (b) Within 60 days after the postmark date of the mailed notice of the commissioner's
348	348	12.4decision on a request for reconsideration, the facility administrator may appeal the decision
349	349	12.5by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota
350	350	12.6Rules of Civil Appellate Procedure, Rule 115.
351	351	12.7 Subd. 8.Public notice of restriction, revocation, or suspension.If a facility's license
352	352	12.8is revoked or suspended under this section, if a facility's use is restricted for any reason
353	353	12.9under a conditional license order, or if a correction order is issued to a facility, the
354	354	12.10commissioner must publicly post the following on the department's website:
355	355	12.11 (1) the facility name;
356	356	12.12 (2) the status of the facility's license; and
357	357	12.13 (3) the reason for the correction order, restriction, revocation, or suspension.
358	358	12.14Sec. 3. [241.013] LICENSING AND INSPECTING LOCAL JUVENILE
359	359	12.15CORRECTIONAL FACILITIES.
360	360	12.16 Subdivision 1.Scope.This section applies to local juvenile correctional facilities licensed
361	361	12.17by the commissioner of corrections to detain or serve juveniles.
362	362	12.18 Subd. 2.Applicability.Unless otherwise provided under section 241.011 or by any
363	363	12.19other law, section 241.011 applies to local juvenile correctional facilities.
364	364	12.20 Subd. 3.Facilities for children and youth; inspection and licensing.(a)
365	365	12.21Notwithstanding any provisions in sections 245A.03; 245A.04; and 256.01, subdivision 2,
366	366	12.22paragraph (a), clause (2); and chapter 245C to the contrary, the commissioner must inspect
367	367	12.23all local juvenile correctional facilities under section 241.011, subdivision 3, except as
368	368	12.24provided under paragraph (c).
369	369	12.25 (b) The commissioner must grant a license for up to two years to a county, municipality,
370	370	12.26or facility:
371	371	12.27 (1) according to section 241.011, subdivision 5; and
372	372	12.28 (2) if the commissioner is satisfied that the interests and well-being of children and youth
373	373	12.29are protected.
374	374	12.30 (c) For local juvenile correctional facilities licensed by the commissioner of human
375	375	12.31services, the commissioner of corrections may inspect and certify programs based on
376	376	12Sec. 3.
377	377	REVISOR EB/MI 25-0049801/16/25 13.1certification standards under Minnesota Rules. For purposes of this paragraph, "certification"
378	378	13.2has the meaning given in section 245A.02.
379	379	13.3 Subd. 4.Commissioner consultation.Each facility must receive consultation from the
380	380	13.4commissioner as needed to strengthen services to children and youth.
381	381	13.5 Subd. 5.Affected municipality; notice.(a) The commissioner must not grant a license
382	382	13.6without giving 30 calendar days' written notice to any affected municipality or other political
383	383	13.7subdivision unless the facility:
384	384	13.8 (1) has a licensed capacity of six or fewer individuals; and
385	385	13.9 (2) is occupied by either the licensee or a group foster home parent.
386	386	13.10 (b) The notification must be given before the license is first granted and annually
387	387	13.11thereafter if annual notification is requested in writing by the affected municipality or other
388	388	13.12political subdivision.
389	389	13.13 (c) State funds must not be made available to or be spent by an agency or department
390	390	13.14of state, county, or municipal government for payment to a foster care facility licensed under
391	391	13.15this section until this subdivision has been complied with.
392	392	13.16 Subd. 6.Licensing with juveniles from outside state.The commissioner must not issue
393	393	13.17or renew a license to a facility under this section to operate a local juvenile correctional
394	394	13.18facility if:
395	395	13.19 (1) the facility accepts juveniles who reside outside Minnesota; and
396	396	13.20 (2) there is no agreement with the entity placing the juvenile at the facility that obligates
397	397	13.21the entity to pay the juvenile's educational expenses.
398	398	13.22 Subd. 7.Licensing actions.The licensing actions under section 241.012 apply to a
399	399	13.23facility licensed under this section.
400	400	13.24 Subd. 8.Education for juveniles.Notwithstanding subdivision 1, the education program
401	401	13.25offered in a state or local correctional facility for the placement, confinement, or incarceration
402	402	13.26of juveniles must be approved by the commissioner of education before the commissioner
403	403	13.27of corrections may grant a license to the facility.
404	404	13.28 Subd. 9.Rulemaking.(a) The commissioner must adopt rules for local juvenile
405	405	13.29correctional facilities according to Laws 1995, chapter 226, article 3, sections 50, 51, and
406	406	13.3060, as amended.
407	407	13.31 (b) The time limit to adopt rules under section 14.125 does not apply to amendments to
408	408	13.32Minnesota Rules, chapter 2960, in effect on the effective date of this section.
409	409	13Sec. 3.
410	410	REVISOR EB/MI 25-0049801/16/25 14.1 Sec. 4. [241.014] SECURITY AUDITS FOR STATE CORRECTIONAL FACILITIES.
411	411	14.2 Subdivision 1.Purpose.This section applies to state correctional facilities.
412	412	14.3 Subd. 2.Definitions.(a) For purposes of this section, the terms defined in this subdivision
413	413	14.4have the meanings given.
414	414	14.5 (b) "Audit group" means the state correctional facilities security audit group under
415	415	14.6subdivision 5.
416	416	14.7 (c) "Corrections and detention confidential data" has the meaning given in section 13.85,
417	417	14.8subdivision 3.
418	418	14.9 (d) "Security information" has the meaning given in section 13.37, subdivision 1.
419	419	14.10 Subd. 3.Biennial report and audit of security practices.The department's inspection
420	420	14.11unit must conduct biennial security audits of each state correctional facility using the
421	421	14.12standards established by the audit group. The inspection unit must:
422	422	14.13 (1) prepare a report for each audit; and
423	423	14.14 (2) submit the report to the audit group within 30 days of completing the audit.
424	424	14.15 Subd. 4.Data.(a) Corrections and detention confidential data and security information
425	425	14.16that is contained in reports and records of the audit group:
426	426	14.17 (1) maintain that classification, regardless of the data's classification in the hands of the
427	427	14.18person who provided the data; and
428	428	14.19 (2) are not subject to discovery or introduction into evidence in a civil or criminal action
429	429	14.20against the state arising out of any matter that the audit group is reviewing.
430	430	14.21 (b) Information, documents, and records otherwise available from other sources are not
431	431	14.22immune from discovery or use in a civil or criminal action solely because they were acquired
432	432	14.23during an audit.
433	433	14.24 (c) Nothing in this subdivision limits a person who presented information to the audit
434	434	14.25group or who is an audit group member from testifying about matters within the person's
435	435	14.26knowledge. In a civil or criminal proceeding, a person must not be questioned about the
436	436	14.27person's good faith presentation of information to the audit group or opinions formed by
437	437	14.28the person as a result of an audit.
438	438	14.29 Subd. 5.State correctional facilities security audit group.(a) The commissioner must
439	439	14.30form a state correctional facilities security audit group. The audit group must consist of the
440	440	14.31following members:
441	441	14Sec. 4.
442	442	REVISOR EB/MI 25-0049801/16/25 15.1 (1) a department employee who is not assigned to the correctional institutions division,
443	443	15.2appointed by the commissioner;
444	444	15.3 (2) the ombudsperson for corrections or a designee;
445	445	15.4 (3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association,
446	446	15.5appointed by the commissioner;
447	447	15.6 (4) an individual with expertise in security related to infrastructure and operational
448	448	15.7logistics of correctional facilities who is not required to reside in Minnesota, appointed by
449	449	15.8the governor;
450	450	15.9 (5) the commissioner of health or a designee;
451	451	15.10 (6) the commissioner of administration or a designee;
452	452	15.11 (7) two senators, one appointed by the senate majority leader and one appointed by the
453	453	15.12senate minority leader; and
454	454	15.13 (8) two representatives, one appointed by the speaker of the house and one appointed
455	455	15.14by the minority leader of the house of representatives.
456	456	15.15 (b) The ombudsperson chairs the audit group. The audit group must establish security
457	457	15.16audit standards for state correctional facilities. In developing the standards, the audit group,
458	458	15.17or individual members of the audit group, may gather information from state correctional
459	459	15.18facilities and state correctional staff and inmates. The audit group must:
460	460	15.19 (1) periodically review the standards and modify them as needed; and
461	461	15.20 (2) report the standards to the chairs and ranking minority members of the house of
462	462	15.21representatives and senate committees with jurisdiction over public safety policy and finance
463	463	15.22when the standards are modified.
464	464	15.23 (c) The audit group must meet twice annually to review facility audit reports that the
465	465	15.24department's inspection unit submits to the audit group. Notwithstanding any law to the
466	466	15.25contrary, the audit group may review the full audit reports, including corrections and
467	467	15.26detention confidential data and security information.
468	468	15.27 (d) Within 60 days of meeting to review an audit report from the department's inspection
469	469	15.28unit, the audit group must make recommendations to the commissioner. Within 45 days of
470	470	15.29receiving the audit group's recommendations, the commissioner must respond in writing to
471	471	15.30the audit group's findings and recommendations. The commissioner's response must explain:
472	472	15.31 (1) whether the commissioner will implement the audit group's recommendations;
473	473	15Sec. 4.
474	474	REVISOR EB/MI 25-0049801/16/25 16.1 (2) the timeline for implementing the recommendations; and
475	475	16.2 (3) if the commissioner will not implement the recommendations, why the commissioner
476	476	16.3will not or cannot implement the recommendations.
477	477	16.4 (e) The commissioner must include a written aggregate of the audit group's
478	478	16.5recommendations based on each security audit and assessment of a state correctional facility
479	479	16.6and the commissioner's responses to the recommendations in the biennial report under
480	480	16.7section 241.016, subdivision 1. The commissioner must not include corrections and detention
481	481	16.8confidential data and security information in the commissioner's report.
482	482	16.9 (f) The commissioner must provide staffing and administrative support to the audit
483	483	16.10group.
484	484	16.11 Subd. 6.Compensation.Except as otherwise provided in this subdivision, the terms,
485	485	16.12compensation, and removal of audit group members are governed by section 15.059. Audit
486	486	16.13group members serve without compensation but may receive expense reimbursement.
487	487	16.14Notwithstanding section 15.059, subdivision 6, the audit group does not expire.
488	488	16.15 Subd. 7.Open meeting law.The audit group is not subject to chapter 13D.
489	489	16.16Sec. 5. Minnesota Statutes 2024, section 241.021, subdivision 1f, is amended to read:
490	490	16.17 Subd. 1f.Report.By February 15, 2022, and by February 15 each year thereafter, the
491	491	16.18commissioner of corrections shall must report to the chairs and ranking minority members
492	492	16.19of the house of representatives and senate committees and divisions with jurisdiction over
493	493	16.20public safety and judiciary on the status of the implementation of the provisions in this
494	494	16.21section implementing sections 241.011 to 241.021 over the prior year, particularly the health
495	495	16.22and safety provisions of individuals confined or, incarcerated, or housed in a both local
496	496	16.23adult and state correctional facility and a facility licensed by the commissioner facilities.
497	497	16.24This The report shall must include but not be limited to data regarding on:
498	498	16.25 (1) in accordance with section 241.011, subdivision 7, the number of confined or,
499	499	16.26incarcerated persons, or housed individuals who died while committed to the custody of
500	500	16.27the facility, regardless of whether the death occurred at the facility or after removal from
501	501	16.28the facility for medical care stemming from an incident or need for medical care at the
502	502	16.29correctional facility, including aggregated demographic information and the local correctional
503	503	16.30facilities' most recent inspection reports and any issued corrective orders or, conditional
504	504	16.31licenses issued, revocations, or temporary immediate suspensions;
505	505	16.32 (2) the aggregated results of the any death reviews conducted by a facility as required
506	506	16.33by under section 241.011, subdivision 8, including any implemented policy changes;
507	507	16Sec. 5.
508	508	REVISOR EB/MI 25-0049801/16/25 17.1 (3) the number of uses of force by facility staff on persons individuals confined or
509	509	17.2incarcerated in the state correctional facility or local adult correctional facility, including
510	510	17.3but not limited to whether those the uses of force were determined to be justified by the
511	511	17.4facility, for which the commissioner of corrections shall consult with the Minnesota Sheriffs'
512	512	17.5Association and a representative from the Minnesota Association of Community Corrections
513	513	17.6Act Counties who is responsible for the operations of an adult correctional facility to develop
514	514	17.7criteria for reporting and define reportable uses of force;
515	515	17.8 (4) the number of suicide attempts, number of people individuals transported to a medical
516	516	17.9facility, and number of people individuals placed in segregation;
517	517	17.10 (5) the number of persons individuals committed to the commissioner of corrections'
518	518	17.11commissioner's custody that the commissioner is housing in local adult correctional facilities
519	519	17.12licensed under subdivision 1 section 241.011, including but not limited to:
520	520	17.13 (i) aggregated demographic data of those the individuals;
521	521	17.14 (ii) length of time spent housed in a licensed local adult correctional facility; and
522	522	17.15 (iii) any contracts that the department of Corrections has with local adult correctional
523	523	17.16facilities to provide housing; and
524	524	17.17 (6) summary data from state correctional facilities regarding on complaints involving
525	525	17.18alleged on-duty staff misconduct, including but not limited to the:
526	526	17.19 (i) total number of misconduct complaints and investigations;
527	527	17.20 (ii) total number of complaints by each category of misconduct, as defined by the
528	528	17.21commissioner of corrections;
529	529	17.22 (iii) number of allegations dismissed as unfounded;
530	530	17.23 (iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
531	531	17.24and
532	532	17.25 (v) number of allegations substantiated, any resulting disciplinary action, and the nature
533	533	17.26of the discipline.
534	534	17.27Sec. 6. Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:
535	535	17.28 Subd. 4a.Substance use disorder treatment programs.All (a) The following residential
536	536	17.29substance use disorder treatment programs operated by the commissioner of corrections to
537	537	17.30treat adults committed to the commissioner's custody shall must comply with the standards
538	538	17Sec. 6.
539	539	REVISOR EB/MI 25-0049801/16/25 18.1mandated in chapter 245G for treatment programs operated by community-based treatment
540	540	18.2facilities.:
541	541	18.3 (1) programs in state correctional facilities that treat individuals committed to the
542	542	18.4commissioner's custody; and
543	543	18.5 (2) programs to treat juveniles in state-operated local juvenile correctional facilities that
544	544	18.6have a correctional program services certification under Minnesota Rules, chapter 2960.
545	545	18.7 (b) When the commissioners of corrections and human services agree that these the
546	546	18.8established standards for community-based programs cannot reasonably apply to correctional
547	547	18.9facilities under paragraph (a), alternative equivalent standards shall must be developed by
548	548	18.10the commissioners and established through an interagency agreement.
549	549	18.11Sec. 7. Minnesota Statutes 2024, section 241.021, subdivision 7, is amended to read:
550	550	18.12 Subd. 7.Intake release of information.(a) All local adult and state correctional facilities
551	551	18.13that confine or incarcerate adults are required must at intake to provide each person individual
552	552	18.14an authorization form to release information related to that person's the individual's health
553	553	18.15or mental health condition and when that information should be shared.
554	554	18.16 This (b) The release form shall must allow the individual to select if the individual wants
555	555	18.17to require the correctional facility to make attempts to contact the designated person to
556	556	18.18facilitate the sharing of health condition information upon incapacitation or if the individual
557	557	18.19becomes unable to communicate or direct the sharing of this information, so long as:
558	558	18.20 (1) contact information was provided; and
559	559	18.21 (2) the incapacitated individual or individual who is unable to communicate or direct
560	560	18.22the sharing of this information is not subject to a court order prohibiting contact with the
561	561	18.23designated person.
562	562	18.24Sec. 8. REVISOR INSTRUCTION.
563	563	18.25 The revisor of statutes must renumber each section of Minnesota Statutes listed in column
564	564	18.26A with the number listed in column B.
565	565	Column B18.27 Column A
566	566	241.74, subdivision 118.28 241.021, subdivision 4
567	567	241.3918.29 241.021, subdivision 4a
568	568	241.74, subdivision 2, paragraph (a)18.30 241.021, subdivision 4b
569	569	241.74, subdivision 2, paragraph (b)18.31 241.021, subdivision 4c
570	570	18Sec. 8.
571	571	REVISOR EB/MI 25-0049801/16/25 241.74, subdivision 319.1 241.021, subdivision 4d
572	572	241.25419.2 241.021, subdivision 4e
573	573	19.3 Sec. 9. REVISOR INSTRUCTION; CROSS-REFERENCES.
574	574	19.4 As a result of amendments to Minnesota Statutes, sections 241.011 to 241.021, the
575	575	19.5revisor of statutes must work with the Department of Corrections to correct cross-references
576	576	19.6in Minnesota Statutes and Minnesota Rules and make any other necessary grammatical
577	577	19.7changes.
578	578	19.8 Sec. 10. REPEALER.
579	579	19.9 Minnesota Statutes 2024, section 241.021, subdivisions 1, 1a, 1b, 1c, 1d, 1e, 1g, 1h, 1i,
580	580	19.102, 2a, 2b, 3, 6, and 8, are repealed.
581	581	19Sec. 10.
582	582	REVISOR EB/MI 25-0049801/16/25 241.021 LICENSING AND SUPERVISION OF FACILITIES.
583	583	Subdivision 1.Correctional facilities; inspection; licensing.(a) Except as provided in paragraph
584	584	(b), the commissioner of corrections shall inspect and license all correctional facilities throughout
585	585	the state, whether public or private, established and operated for the detention and confinement of
586	586	persons confined or incarcerated therein according to law except to the extent that they are inspected
587	587	or licensed by other state regulating agencies. The commissioner shall promulgate pursuant to
588	588	chapter 14, rules establishing minimum standards for these facilities with respect to their
589	589	management, operation, physical condition, and the security, safety, health, treatment, and discipline
590	590	of persons confined or incarcerated therein. These minimum standards shall include but are not
591	591	limited to specific guidance pertaining to:
592	592	(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated in
593	593	correctional facilities with mental illness or substance use disorders;
594	594	(2) a policy on the involuntary administration of medications;
595	595	(3) suicide prevention plans and training;
596	596	(4) verification of medications in a timely manner;
597	597	(5) well-being checks;
598	598	(6) discharge planning, including providing prescribed medications to persons confined or
599	599	incarcerated in correctional facilities upon release;
600	600	(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
601	601	institution;
602	602	(8) use of segregation and mental health checks;
603	603	(9) critical incident debriefings;
604	604	(10) clinical management of substance use disorders and opioid overdose emergency procedures;
605	605	(11) a policy regarding identification of persons with special needs confined or incarcerated in
606	606	correctional facilities;
607	607	(12) a policy regarding the use of telehealth;
608	608	(13) self-auditing of compliance with minimum standards;
609	609	(14) information sharing with medical personnel and when medical assessment must be
610	610	facilitated;
611	611	(15) a code of conduct policy for facility staff and annual training;
612	612	(16) a policy on death review of all circumstances surrounding the death of an individual
613	613	committed to the custody of the facility; and
614	614	(17) dissemination of a rights statement made available to persons confined or incarcerated in
615	615	licensed correctional facilities.
616	616	No individual, corporation, partnership, voluntary association, or other private organization
617	617	legally responsible for the operation of a correctional facility may operate the facility unless it
618	618	possesses a current license from the commissioner of corrections. Private adult correctional facilities
619	619	shall have the authority of section 624.714, subdivision 13, if the Department of Corrections licenses
620	620	the facility with the authority and the facility meets requirements of section 243.52.
621	621	The commissioner shall review the correctional facilities described in this subdivision at least
622	622	once every two years, except as otherwise provided, to determine compliance with the minimum
623	623	standards established according to this subdivision or other Minnesota statute related to minimum
624	624	standards and conditions of confinement.
625	625	The commissioner shall grant a license to any facility found to conform to minimum standards
626	626	or to any facility which, in the commissioner's judgment, is making satisfactory progress toward
627	627	substantial conformity and the standards not being met do not impact the interests and well-being
628	628	of the persons confined or incarcerated in the facility. A limited license under subdivision 1a may
629	629	be issued for purposes of effectuating a facility closure. The commissioner may grant licensure up
630	630	to two years. Unless otherwise specified by statute, all licenses issued under this chapter expire at
631	631	12:01 a.m. on the day after the expiration date stated on the license.
632	632	1R
633	633	APPENDIX
634	634	Repealed Minnesota Statutes: 25-00498 The commissioner shall have access to the buildings, grounds, books, records, staff, and to
635	635	persons confined or incarcerated in these facilities. The commissioner may require the officers in
636	636	charge of these facilities to furnish all information and statistics the commissioner deems necessary,
637	637	at a time and place designated by the commissioner. Notwithstanding chapter 13 or any other state
638	638	law classifying or restricting access to data, the officers in charge of these facilities must furnish
639	639	all data available to the facility that the commissioner deems necessary to conduct a review of any
640	640	emergency or unusual occurrence at the facility. Failure to provide or grant access to relevant
641	641	information or statistics necessary to fulfill inspection or emergency or unusual occurrence reviews,
642	642	as requested by the commissioner, may be grounds for the commissioner to take action against a
643	643	correctional facility's license under subdivision 1a, 1b, or 1c.
644	644	All facility administrators of correctional facilities are required to report all deaths of individuals
645	645	who died while committed to the custody of the facility, regardless of whether the death occurred
646	646	at the facility or after removal from the facility for medical care stemming from an incident or need
647	647	for medical care at the correctional facility, as soon as practicable, but no later than 24 hours of
648	648	receiving knowledge of the death, including any demographic information as required by the
649	649	commissioner.
650	650	All facility administrators of correctional facilities are required to report all other emergency
651	651	or unusual occurrences as defined by rule, including uses of force by facility staff that result in
652	652	substantial bodily harm or suicide attempts, to the commissioner of corrections within ten days
653	653	from the occurrence, including any demographic information as required by the commissioner. The
654	654	commissioner of corrections shall consult with the Minnesota Sheriffs' Association and a
655	655	representative from the Minnesota Association of Community Corrections Act Counties who is
656	656	responsible for the operations of an adult correctional facility to define "use of force" that results
657	657	in substantial bodily harm for reporting purposes.
658	658	The commissioner may require that any or all such information be provided through the
659	659	Department of Corrections detention information system. The commissioner shall post each
660	660	inspection report publicly and on the department's website within 30 days of completing the
661	661	inspection. The education program offered in a correctional facility for the confinement or
662	662	incarceration of juvenile offenders must be approved by the commissioner of education before the
663	663	commissioner of corrections may grant a license to the facility.
664	664	(b) For juvenile facilities licensed by the commissioner of human services, the commissioner
665	665	may inspect and certify programs based on certification standards set forth in Minnesota Rules. For
666	666	the purpose of this paragraph, "certification" has the meaning given it in section 245A.02.
667	667	(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional facilities
668	668	shall, insofar as is possible, ensure that the minimum standards it requires are substantially the same
669	669	as those required by other state agencies which regulate, inspect, or license the same aspects of
670	670	similar types of correctional facilities, although at different correctional facilities.
671	671	(d) Nothing in this section shall be construed to limit the commissioner of corrections' authority
672	672	to promulgate rules establishing standards of eligibility for counties to receive funds under chapter
673	673	401, or to require counties to comply with operating standards the commissioner establishes as a
674	674	condition precedent for counties to receive that funding.
675	675	(e) The department's inspection unit must report directly to a division head outside of the
676	676	correctional institutions division.
677	677	Subd. 1a.Correction order; conditional license.(a) When the commissioner finds that any
678	678	facility described in subdivision 1, except foster care facilities for delinquent children and youth
679	679	as provided in subdivision 2, does not substantially conform to the minimum standards established
680	680	by the commissioner and is not making satisfactory progress toward substantial conformance and
681	681	the nonconformance does not present an imminent risk of life-threatening harm or serious physical
682	682	injury to the persons confined or incarcerated in the facility, the commissioner shall promptly notify
683	683	the facility administrator and the governing board of the facility of the deficiencies and must issue
684	684	a correction order or a conditional license order that the deficiencies be remedied within a reasonable
685	685	and specified period of time.
686	686	The conditional license order may restrict the use of any facility which does not substantially
687	687	conform to minimum standards, including imposition of conditions limiting operation of the facility
688	688	or parts of the facility, reducing facility capacity, limiting intake, limiting length of detention for
689	689	individuals, or imposing detention limitations based on the needs of the individuals being confined
690	690	or incarcerated therein.
691	691	2R
692	692	APPENDIX
693	693	Repealed Minnesota Statutes: 25-00498 The correction order or conditional license order must clearly state the following:
694	694	(1) the specific minimum standards violated, noting the implicated rule or law;
695	695	(2) the findings that constitute a violation of minimum standards;
696	696	(3) the corrective action needed;
697	697	(4) time allowed to correct each violation; and
698	698	(5) if a license is made conditional, the length and terms of the conditional license, any conditions
699	699	limiting operation of the facility, and the reasons for making the license conditional.
700	700	(b) The facility administrator may request review of the findings noted in the conditional license
701	701	order on the grounds that satisfactory progress toward substantial compliance with minimum
702	702	standards has been made, supported by evidence of correction, and, if appropriate, may include a
703	703	written schedule for compliance. The commissioner shall review the evidence of correction and
704	704	the progress made toward substantial compliance with minimum standards within a reasonable
705	705	period of time, not to exceed ten business days. When the commissioner has assurance that
706	706	satisfactory progress toward substantial compliance with minimum standards is being made, the
707	707	commissioner shall lift any conditions limiting operation of the facility or parts of the facility or
708	708	remove the conditional license order.
709	709	(c) Nothing in this section prohibits the commissioner from ordering a revocation under
710	710	subdivision 1b prior to issuing a correction order or conditional license order.
711	711	Subd. 1b.License revocation order.(a) When, after due notice to the facility administrator of
712	712	the commissioner's intent to issue a revocation order, the commissioner finds that any facility
713	713	described in this subdivision, except county jails and lockups subject to active condemnation
714	714	proceedings or orders as provided in sections 641.26, 642.10, and 642.11, does not conform to
715	715	minimum standards, or is not making satisfactory progress toward substantial compliance with
716	716	minimum standards, and the nonconformance does not present an imminent risk of life-threatening
717	717	harm or serious physical injury to the persons confined or incarcerated in the facility, the
718	718	commissioner may issue an order revoking the license of that facility.
719	719	The notice of intent to issue a revocation order shall include:
720	720	(1) the citation to minimum standards that have been violated;
721	721	(2) the nature and severity of each violation;
722	722	(3) whether the violation is recurring or nonrecurring;
723	723	(4) the effect of the violation on persons confined or incarcerated in the correctional facility;
724	724	(5) an evaluation of the risk of harm to persons confined or incarcerated in the correctional
725	725	facility;
726	726	(6) relevant facts, conditions, and circumstances concerning the operation of the licensed facility,
727	727	including at a minimum:
728	728	(i) specific facility deficiencies that endanger the health or safety of persons confined or
729	729	incarcerated in the correctional facility;
730	730	(ii) substantiated complaints relating to the correctional facility; or
731	731	(iii) any other evidence that the correctional facility is not in compliance with minimum standards.
732	732	(b) The facility administrator must submit a written response within 30 days of receipt of the
733	733	notice of intent to issue a revocation order with any information related to errors in the notice,
734	734	ability to conform to minimum standards within a set period of time including but not limited to a
735	735	written schedule for compliance, and any other information the facility administrator deems relevant
736	736	for consideration by the commissioner. The written response must also include a written plan
737	737	indicating how the correctional facility will ensure the transfer of confined or incarcerated individuals
738	738	and records if the correctional facility closes. Plans must specify arrangements the correctional
739	739	facility will make to transfer confined or incarcerated individuals to another licensed correctional
740	740	facility for continuation of detention.
741	741	(c) When revoking a license, the commissioner shall consider the nature, chronicity, or severity
742	742	of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons
743	743	confined or incarcerated in the correctional facility.
744	744	3R
745	745	APPENDIX
746	746	Repealed Minnesota Statutes: 25-00498 (d) If the facility administrator does not respond within 30 days to the notice of intent to issue
747	747	a revocation order or if the commissioner does not have assurance that satisfactory progress toward
748	748	substantial compliance with minimum standards will be made, the commissioner shall issue a
749	749	revocation order. The revocation order must be sent to the facility administrator and the governing
750	750	board of the facility, clearly stating:
751	751	(1) the specific minimum standards violated, noting the implicated rule or law;
752	752	(2) the findings that constitute a violation of minimum standards and the nature, chronicity, or
753	753	severity of those violations;
754	754	(3) the corrective action needed;
755	755	(4) any prior correction or conditional license orders issued to correct violations; and
756	756	(5) the date at which the license revocation shall take place.
757	757	A revocation order may authorize use until a certain date, not to exceed the duration of the current
758	758	license, unless a limited license is issued by the commissioner for purposes of effectuating a facility
759	759	closure and continued operation does not present an imminent risk of life-threatening harm or is
760	760	not likely to result in serious physical injury to the persons confined or incarcerated in the facility.
761	761	(e) After revocation of the facility's licensure, that facility shall not be used until the license is
762	762	renewed. When the commissioner is satisfied that satisfactory progress toward substantial compliance
763	763	with minimum standards is being made, the commissioner may, at the request of the facility
764	764	administrator supported by a written schedule for compliance, reinstate the license.
765	765	Subd. 1c.Temporary license suspension.The commissioner shall act immediately to
766	766	temporarily suspend a license issued under this chapter if:
767	767	(1) the correctional facility's failure to comply with applicable minimum standards or the
768	768	conditions in the correctional facility pose an imminent risk of life-threatening harm or serious
769	769	physical injury to persons confined or incarcerated in the facility, staff, law enforcement, visitors,
770	770	or the public; and
771	771	(i) if the imminent risk of life-threatening harm or serious physical injury cannot be promptly
772	772	corrected through a different type of order under this section; and
773	773	(ii) the correctional facility cannot or has not corrected the violation giving rise to the imminent
774	774	risk of life-threatening harm or serious physical injury; or
775	775	(2) while the correctional facility continues to operate pending due notice and opportunity for
776	776	written response to the commissioner's notice of intent to issue an order of revocation, the
777	777	commissioner identifies one or more subsequent violations of minimum standards which may
778	778	adversely affect the health or safety of persons confined or incarcerated in the facility, staff, law
779	779	enforcement, visitors, or the public.
780	780	A notice stating the reasons for the immediate suspension informing the facility administrator
781	781	must be delivered by personal service to the correctional facility administrator and the governing
782	782	board of the facility.
783	783	Subd. 1d.Public notice of restriction, revocation, or suspension.If the license of a facility
784	784	under this section is revoked or suspended, or use of the facility is restricted for any reason under
785	785	a conditional license order, or a correction order is issued to a facility, the commissioner shall post
786	786	the facility, the status of the facility's license, and the reason for the correction order, restriction,
787	787	revocation, or suspension publicly and on the department's website.
788	788	Subd. 1e.Reconsideration of orders; appeals.(a) If the facility administrator believes the
789	789	correction order, conditional license order, or revocation order is in error, the facility administrator
790	790	may ask the Department of Corrections to reconsider the parts of the order or action that are alleged
791	791	to be in error. The request for reconsideration must:
792	792	(1) be made in writing;
793	793	(2) be postmarked and sent to the commissioner no later than 30 calendar days after receipt of
794	794	the correction order, conditional license order, or revocation order;
795	795	(3) specify the parts of the order that are alleged to be in error;
796	796	(4) explain why the correction order, conditional license order, or revocation order is in error;
797	797	and
798	798	4R
799	799	APPENDIX
800	800	Repealed Minnesota Statutes: 25-00498 (5) include documentation to support the allegation of error.
801	801	The commissioner shall issue a disposition within 60 days of receipt of the facility administrator's
802	802	response to correction, conditional license, or revocation order violations. A request for
803	803	reconsideration does not stay any provisions or requirements of the order.
804	804	(b) The facility administrator may request reconsideration of an order immediately suspending
805	805	a license. The request for reconsideration of an order immediately suspending a license must be
806	806	made in writing and sent by certified mail, personal service, or other means expressly stated in the
807	807	commissioner's order. If mailed, the request for reconsideration must be postmarked and sent to
808	808	the commissioner no later than five business days after the facility administrator receives notice
809	809	that the license has been immediately suspended. If a request is made by personal service, it must
810	810	be received by the commissioner no later than five business days after the facility administrator
811	811	received the order. The request for reconsideration must:
812	812	(1) specify the parts of the order that are alleged to be in error;
813	813	(2) explain why they are in error; and
814	814	(3) include documentation to support the allegation of error.
815	815	A facility administrator and the governing board of the facility shall discontinue operation of
816	816	the correctional facility upon receipt of the commissioner's order to immediately suspend the license.
817	817	(c) Within five business days of receipt of the facility administrator's timely request for
818	818	reconsideration of a temporary immediate suspension, the commissioner shall review the request
819	819	for reconsideration. The scope of the review shall be limited solely to the issue of whether the
820	820	temporary immediate suspension order should remain in effect pending the written response to
821	821	commissioner's notice of intent to issue a revocation order.
822	822	The commissioner's disposition of a request for reconsideration of correction, conditional license,
823	823	temporary immediate suspension, or revocation order is final and subject to appeal. The facility
824	824	administrator must request reconsideration as required by this section of any correction, conditional
825	825	license, temporary immediate suspension, or revocation order prior to appeal.
826	826	No later than 60 days after the postmark date of the mailed notice of the commissioner's decision
827	827	on a request for reconsideration, the facility administrator may appeal the decision by filing for a
828	828	writ of certiorari with the court of appeals under section 606.01 and Minnesota Rules of Civil
829	829	Appellate Procedure, Rule 115.
830	830	Subd. 1g.Biennial assessment and audit of security practices; state correctional facilities.(a)
831	831	Beginning in 2022, the commissioner shall have the department's inspection unit conduct biennial
832	832	security audits of each state correctional facility using the standards promulgated by the state
833	833	correctional facilities security audit group. The unit must prepare a report for each assessment and
834	834	audit and submit the report to the state correctional facilities security audit group within 30 days
835	835	of completion of the audit.
836	836	(b) Corrections and detention confidential data, as defined in section 13.85, subdivision 3, and
837	837	nonpublic security information, as defined in section 13.37, subdivision 1, that is contained in
838	838	reports and records of the group maintain that classification, regardless of the data's classification
839	839	in the hands of the person who provided the data, and are not subject to discovery or introduction
840	840	into evidence in a civil or criminal action against the state arising out of the matters the group is
841	841	reviewing. Information, documents, and records otherwise available from other sources are not
842	842	immune from discovery or use in a civil or criminal action solely because they were acquired during
843	843	the group's audit. This section does not limit a person who presented information to the group or
844	844	who is a member of the group from testifying about matters within the person's knowledge. However,
845	845	in a civil or criminal proceeding, a person may not be questioned about the person's good faith
846	846	presentation of information to the group or opinions formed by the person as a result of the group's
847	847	audits.
848	848	Subd. 1h.State correctional facilities security audit group.(a) Beginning in fiscal year 2022,
849	849	the commissioner shall form a state correctional facilities security audit group. The group must
850	850	consist of the following members:
851	851	(1) a Department of Corrections employee who is not assigned to the correctional institutions
852	852	division, appointed by the commissioner;
853	853	(2) the ombudsperson for corrections or a designee;
854	854	5R
855	855	APPENDIX
856	856	Repealed Minnesota Statutes: 25-00498 (3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and appointed
857	857	by the commissioner;
858	858	(4) an individual with expertise in security related to infrastructure and operational logistics of
859	859	correctional facilities who is not required to reside in Minnesota, appointed by the governor;
860	860	(5) the commissioner of health or a designee;
861	861	(6) the commissioner of administration or a designee;
862	862	(7) two senators, one appointed by the senate majority leader and one appointed by the minority
863	863	leader; and
864	864	(8) two representatives, one appointed by the speaker of the house and one appointed by the
865	865	minority leader of the house of representatives.
866	866	(b) The ombudsperson or a designee shall chair the group. The group shall establish security
867	867	audit standards for state correctional facilities. In developing the standards, the group, or individual
868	868	members of the group, may gather information from state correctional facilities and state correctional
869	869	staff and inmates. The security audit group must periodically review the standards and modify them
870	870	as needed. The group must report the standards to the chairs and ranking minority members of the
871	871	house of representatives and senate committees with jurisdiction over public safety policy and
872	872	finance whenever the standards are updated.
873	873	(c) The group shall meet twice a year to review facility audit reports submitted to the group by
874	874	the agency's inspection unit. Notwithstanding any law to the contrary, the group is entitled to review
875	875	the full audit reports including nonpublic security information and corrections and detention
876	876	confidential data. Within 60 days of meeting to review audit reports from the department's inspection
877	877	unit, the group must make recommendations to the commissioner. Within 45 days of receiving the
878	878	group's recommendations, the commissioner must reply in writing to the group's findings and
879	879	recommendations. The commissioner's response must explain whether the agency will implement
880	880	the group's recommendations, the timeline for implementation of the changes, and, if not, why the
881	881	commissioner will not or cannot implement the group's recommendations.
882	882	(d) Beginning in 2023, the commissioner must include a written aggregate of the group's
883	883	recommendations based on each security audit and assessment of a state correctional facility and
884	884	the commissioner's responses to the recommendations in the biennial report required under section
885	885	241.016, subdivision 1. The commissioner shall not include corrections and detention confidential
886	886	data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in
887	887	section 13.37, subdivision 1, in the commissioner's report to the legislature.
888	888	(e) The commissioner shall provide staffing and administrative support to the group.
889	889	(f) The state correctional facilities security audit group is not subject to chapter 13D.
890	890	(g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of
891	891	members of the group are governed by section 15.059. Members of the group serve without
892	892	compensation but shall receive expense reimbursement. Notwithstanding section 15.059, subdivision
893	893	6, the group does not expire.
894	894	Subd. 1i.Definition.As used in this section, "correctional facility" means any facility, including
895	895	a group home, having a residential component, the primary purpose of which is to serve persons
896	896	placed in facilities by a court, court services department, parole authority, or other correctional
897	897	agency having dispositional power over persons charged with, convicted, or adjudicated guilty or
898	898	delinquent.
899	899	Subd. 2.Facilities for delinquent children and youth; licenses; supervision.Notwithstanding
900	900	any provisions in sections 256.01, subdivision 2, paragraph (a), clause (2), 245A.03, and 245A.04,
901	901	and chapter 245C, to the contrary, but subject to the municipality notification requirements of
902	902	subdivision 2a, the commissioner of corrections shall review all county, municipal or other publicly
903	903	established and operated facilities for the detention, care and training of delinquent children and
904	904	youth at least once every biennium, and if such facility conforms to reasonable standards established
905	905	by the commissioner or in the commissioner's judgment is making satisfactory progress toward
906	906	substantial conformity therewith, and the commissioner is satisfied that the interests and well-being
907	907	of children and youth received therein are protected, the commissioner shall grant a license to the
908	908	county, municipality or agency thereof operating such facility. The commissioner may grant licensure
909	909	up to two years. Each such facility shall cooperate with the commissioner to make available all
910	910	facts regarding its operation and services as the commissioner requires to determine its conformance
911	911	to standards and its competence to give the services needed and which it purports to give. Every
912	912	6R
913	913	APPENDIX
914	914	Repealed Minnesota Statutes: 25-00498 such facility as herein described is subject to visitation and supervision by the commissioner and
915	915	shall receive from the commissioner consultation as needed to strengthen services to the children
916	916	and youth received therein.
917	917	Subd. 2a.Affected municipality; notice.The commissioner must not grant a license without
918	918	giving 30 calendar days' written notice to any affected municipality or other political subdivision
919	919	unless the facility has a licensed capacity of six or fewer persons and is occupied by either the
920	920	licensee or the group foster home parents. The notification must be given before the license is first
921	921	granted and annually after that time if annual notification is requested in writing by any affected
922	922	municipality or other political subdivision. State funds must not be made available to or be spent
923	923	by an agency or department of state, county, or municipal government for payment to a foster care
924	924	facility licensed under subdivision 2 until the provisions of this subdivision have been complied
925	925	with in full.
926	926	Subd. 2b.Licensing; facilities; juveniles from outside state.The commissioner may not:
927	927	(1) grant a license under this section to operate a correctional facility for the detention or
928	928	confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota
929	929	without an agreement with the entity placing the juvenile at the facility that obligates the entity to
930	930	pay the educational expenses of the juvenile; or
931	931	(2) renew a license under this section to operate a correctional facility for the detention or
932	932	confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota
933	933	without an agreement with the entity placing the juvenile at the facility that obligates the entity to
934	934	pay the educational expenses of the juvenile.
935	935	Subd. 3.Revocation of license.When after due notice and hearing the commissioner of
936	936	corrections determines that any facility described in subdivision 2 does not substantially conform
937	937	to the reasonable standards therein provided or is not making satisfactory progress toward substantial
938	938	compliance therewith, the commissioner may, with the consent of the judge of the district court,
939	939	issue an order revoking the license of that facility. After revocation of its license, that facility shall
940	940	not be used for the care and training of delinquent children, or for their detention until its license
941	941	is renewed.
942	942	Subd. 6.Background studies.(a) The commissioner of corrections is authorized to do
943	943	background studies on personnel employed by any facility serving children or youth that is licensed
944	944	under this section. The commissioner of corrections shall contract with the commissioner of human
945	945	services to conduct background studies of individuals providing services in secure and nonsecure
946	946	residential facilities and detention facilities who have direct contact, as defined under section
947	947	245C.02, subdivision 11, with persons served in the facilities. A disqualification of an individual
948	948	in this section shall disqualify the individual as provided in chapter 245C.
949	949	(b) A clerk or administrator of any court, the Bureau of Criminal Apprehension, a prosecuting
950	950	attorney, a county sheriff, or a chief of a local police department, shall assist in these studies by
951	951	providing to the commissioner of human services, or the commissioner's representative, all criminal
952	952	conviction data available from local, state, and national criminal history record repositories, including
953	953	the criminal justice data communications network, pertaining to the following individuals: applicants,
954	954	operators, all persons living in the household, and all staff of any facility subject to background
955	955	studies under this subdivision.
956	956	(c) The Department of Human Services shall conduct the background studies required by
957	957	paragraph (a) in compliance with the provisions of chapter 245C. For the purpose of this subdivision,
958	958	the term "secure and nonsecure residential facility and detention facility" shall include programs
959	959	licensed or certified under subdivision 2. The Department of Human Services shall provide necessary
960	960	forms and instructions, shall conduct the necessary background studies of individuals, and shall
961	961	provide notification of the results of the studies to the facilities, individuals, and the commissioner
962	962	of corrections. Individuals shall be disqualified under the provisions of chapter 245C.
963	963	If an individual is disqualified, the Department of Human Services shall notify the facility and
964	964	the individual and shall inform the individual of the right to request a reconsideration of the
965	965	disqualification by submitting the request to the Department of Corrections.
966	966	(d) The commissioner of corrections shall review and decide reconsideration requests, including
967	967	the granting of variances, in accordance with the procedures and criteria contained in chapter 245C.
968	968	The commissioner's decision shall be provided to the individual and to the Department of Human
969	969	Services. The commissioner's decision to grant or deny a reconsideration of disqualification is the
970	970	final administrative agency action.
971	971	7R
972	972	APPENDIX
973	973	Repealed Minnesota Statutes: 25-00498 (e) Facilities described in paragraph (a) shall be responsible for cooperating with the departments
974	974	in implementing the provisions of this subdivision. The responsibilities imposed on applicants and
975	975	licensees under chapters 245A and 245C shall apply to these facilities.
976	976	Subd. 8.Death review teams.In the event a correctional facility receives information of the
977	977	death of an individual while committed to the custody of the facility, regardless of whether the
978	978	death occurred at the facility or after removal from the facility for medical care stemming from an
979	979	incident or need for medical care at the correctional facility, the administrator of the facility,
980	980	minimally including a medical expert of the facility's choosing who did not provide medical services
981	981	to the individual, and, if appropriate, a mental health expert, shall review the circumstances of the
982	982	death and assess for preventable mortality and morbidity, including recommendations for policy
983	983	or procedure change, within 90 days of death. The investigating law enforcement agency may
984	984	provide documentation, participate in, or provide documentation and participate in the review in
985	985	instances where criminal charges were not brought. A preliminary autopsy report must be provided
986	986	as part of the review and any subsequent autopsy findings as available. The facility administrator
987	987	shall provide notice to the commissioner of corrections via the Department of Corrections detention
988	988	information system that the correctional facility has conducted a review and identify any
989	989	recommendations for changes in policy, procedure, or training that will be implemented. Any report
990	990	or other documentation created for purposes of a facility death review is confidential as defined in
991	991	section 13.02, subdivision 3. Nothing in this section relieves the facility administrator from complying
992	992	with the notice of death to the commissioner as required by subdivision 1, paragraph (a).
993	993	8R
994	994	APPENDIX
995	995	Repealed Minnesota Statutes: 25-00498