Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1626 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	25-00498 as introduced01/16/25 REVISOR EB/MI
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 1626NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: CLARK)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading02/20/2025
31	31	Referred to Judiciary and Public Safety 2.1 (ii) a court services department;
32	32	2.2 (iii) a parole authority; or
33	33	2.3 (iv) another correctional agency having dispositional power over individuals charged
34	34	2.4with, convicted, or adjudicated guilty or delinquent; and
35	35	2.5 (2) for a facility licensed to detain or serve juveniles, a facility, including a group home
36	36	2.6having a residential component, serving juveniles for the primary purpose of:
37	37	2.7 (i) residential care and treatment;
38	38	2.8 (ii) detention; or
39	39	2.9 (iii) foster care services for children in need of out-of-home placement.
40	40	2.10 (g) "State correctional facility" means a correctional facility under the commissioner's
41	41	2.11control.
42	42	2.12 Subd. 3.Local correctional facilities; inspection and licensing.(a) The commissioner
43	43	2.13must inspect and license all local correctional facilities throughout the state established and
44	44	2.14operated:
45	45	2.15 (1) for detaining, confining, or housing individuals confined or incarcerated in the
46	46	2.16facilities; or
47	47	2.17 (2) consistent with section 241.013, subdivision 3, paragraph (a), for detaining or serving
48	48	2.18juveniles placed in the facilities by a correctional or noncorrectional agency.
49	49	2.19 (b) No individual, corporation, partnership, voluntary association, or other private
50	50	2.20organization legally responsible for operating a local correctional facility may operate the
51	51	2.21facility unless it has an active license from the commissioner. Private local correctional
52	52	2.22facilities have the authority of section 624.714, subdivision 13, if the commissioner licenses
53	53	2.23the facility with the authority and the facility meets the requirements of section 243.52.
54	54	2.24 (c) The department's inspection unit must report directly to a division head outside of
55	55	2.25the correctional institutions division.
56	56	2.26 Subd. 4.Inspecting facilities for compliance; publishing inspection reports.(a)
57	57	2.27Unless the commissioner determines otherwise, the commissioner must inspect all local
58	58	2.28correctional facilities at least once every two years to determine compliance with the
59	59	2.29minimum standards established according to sections 241.011 to 241.013 or any other law
60	60	2.30related to minimum standards and conditions of confinement.
61	61	2Section 1.
62	62	25-00498 as introduced01/16/25 REVISOR EB/MI 3.1 (b) The commissioner must have access to the facility's buildings, grounds, books,
63	63	3.2records, and staff and to individuals confined, incarcerated, or housed in or served by local
64	64	3.3correctional facilities. The commissioner may require facility administrators to furnish all
65	65	3.4information and statistics that the commissioner deems necessary at a time and place
66	66	3.5designated by the commissioner.
67	67	3.6 (c) The commissioner must post each facility inspection report publicly on the
68	68	3.7department's website within 30 days after completing an inspection.
69	69	3.8 Subd. 5.Granting license; expiration.(a) The commissioner must grant a license for
70	70	3.9up to two years to:
71	71	3.10 (1) any facility found to conform to minimum standards; or
72	72	3.11 (2) any facility that the commissioner determines is making satisfactory progress toward
73	73	3.12substantial conformity and any minimum standards not being met do not impact the interests
74	74	3.13and well-being of the individuals confined, incarcerated, or housed in or served by the
75	75	3.14facility.
76	76	3.15 (b) A limited license may be issued to effectuate a facility closure.
77	77	3.16 (c) Unless otherwise provided by law, all licenses issued under sections 241.011 to
78	78	3.17241.013 expire 12:01 a.m. on the day after the expiration date stated on the license.
79	79	3.18 Subd. 6.Providing and accessing facility data.(a) The commissioner may require that
80	80	3.19any information under sections 241.011 to 241.013 be provided through the department's
81	81	3.20detention information system.
82	82	3.21 (b) Notwithstanding chapter 13 or any other state law classifying or restricting access
83	83	3.22to data, a facility administrator must furnish to the commissioner all data available to a local
84	84	3.23correctional facility that the commissioner deems necessary for reviewing any critical
85	85	3.24incident or emergency or unusual occurrence at the facility.
86	86	3.25 (c) The commissioner may take action against a facility's license according to section
87	87	3.26241.012 if a facility administrator fails to provide or grant access to relevant information
88	88	3.27or statistics requested by the commissioner that are necessary to conduct or complete any
89	89	3.28of the following:
90	90	3.29 (1) inspections;
91	91	3.30 (2) reviews of emergency or unusual occurrences; or
92	92	3.31 (3) reviews of critical incidents.
93	93	3Section 1.
94	94	25-00498 as introduced01/16/25 REVISOR EB/MI 4.1 Subd. 7.Reporting; deaths, emergencies or unusual occurrences, and critical
95	95	4.2incidents.(a) A facility administrator must report to the commissioner when:
96	96	4.3 (1) an individual detained, confined, or housed in the facility dies at the facility; or
97	97	4.4 (2) an individual dies while receiving medical care stemming from an incident or need
98	98	4.5for medical care at the facility that occurred while the individual was detained, confined,
99	99	4.6or housed in the facility.
100	100	4.7 (b) Paragraph (a), clause (2), applies regardless of whether:
101	101	4.8 (1) the individual was considered detained in the facility while receiving the medical
102	102	4.9care; or
103	103	4.10 (2) for a facility that is not a jail, the individual was subject to the facility's authority
104	104	4.11while receiving the medical care.
105	105	4.12 (c) A facility administrator must report a death under this subdivision as soon as
106	106	4.13practicable, but no later than 24 hours of receiving knowledge of the death, and must include
107	107	4.14any demographic information required by the commissioner.
108	108	4.15 (d) Except for deaths under paragraphs (a) to (c), all facility administrators must report
109	109	4.16all critical incidents or, as defined by rule, emergency or unusual occurrences, to the
110	110	4.17commissioner within ten days of the incident or occurrence, including any demographic
111	111	4.18information required by the commissioner. For a local adult correctional facility, the facility
112	112	4.19administrator must report uses of force by facility staff that result in substantial bodily harm
113	113	4.20or suicide attempts.
114	114	4.21 (e) The commissioner must consult with the Minnesota Sheriffs' Association and a
115	115	4.22representative from the Minnesota Association of Community Corrections Act Counties
116	116	4.23who is responsible for operating a local adult correctional facility to define, for reporting
117	117	4.24under statute or rule, use of force that results in substantial bodily harm.
118	118	4.25 Subd. 8.Death review teams.(a) If a local correctional facility receives information of
119	119	4.26the death of an individual who died under the circumstances described in subdivision 7,
120	120	4.27paragraph (a), the following individuals must, within 90 days of the death, review the
121	121	4.28circumstances of the death and assess for preventable mortality and morbidity, including
122	122	4.29recommending policy or procedure change:
123	123	4.30 (1) the facility administrator;
124	124	4Section 1.
125	125	25-00498 as introduced01/16/25 REVISOR EB/MI 5.1 (2) a medical expert of the facility's choosing who did not provide medical services to
126	126	5.2the individual and who is licensed as a physician or physician assistant by the Board of
127	127	5.3Medical Practice under chapter 147 or 147A; and
128	128	5.4 (3) if appropriate, a mental health expert.
129	129	5.5 (b) The investigating law enforcement agency may provide documentation, participate
130	130	5.6in, or provide documentation and participate in the review if criminal charges are not brought.
131	131	5.7A preliminary autopsy report must be provided as part of the review and any subsequent
132	132	5.8autopsy findings as available.
133	133	5.9 (c) The facility administrator must provide notice to the commissioner via the
134	134	5.10department's detention information system that the facility has conducted a review and
135	135	5.11identify any recommendations for changes in policy, procedure, or training that will be
136	136	5.12implemented.
137	137	5.13 (d) Any report or other documentation created for purposes of a facility death review is
138	138	5.14confidential data on individuals, as defined in section 13.02, subdivision 3. Nothing in this
139	139	5.15section relieves the facility administrator from complying with the notice of death to the
140	140	5.16commissioner required under subdivision 7.
141	141	5.17 Subd. 9.Rulemaking.(a) The commissioner must adopt rules establishing minimum
142	142	5.18standards for local adult and juvenile correctional facilities for their management, operation,
143	143	5.19and physical condition and the security, safety, health, treatment, and discipline of individuals
144	144	5.20confined, incarcerated, or housed in or served by the facilities. The minimum standards for
145	145	5.21local adult correctional facilities must include but are not limited to specific guidance
146	146	5.22pertaining to:
147	147	5.23 (1) screening, appraisal, assessment, and treatment for confined or incarcerated individuals
148	148	5.24with mental illness or substance use disorders;
149	149	5.25 (2) a policy on the involuntary administration of medications;
150	150	5.26 (3) suicide prevention plans and training;
151	151	5.27 (4) verification of medications in a timely manner;
152	152	5.28 (5) well-being checks;
153	153	5.29 (6) discharge planning, including providing prescribed medications to individuals
154	154	5.30confined or incarcerated in correctional facilities upon release;
155	155	5.31 (7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
156	156	5.32institution;
157	157	5Section 1.
158	158	25-00498 as introduced01/16/25 REVISOR EB/MI 6.1 (8) use of segregation and mental health checks;
159	159	6.2 (9) critical incident debriefings;
160	160	6.3 (10) clinical management of substance use disorders and opioid overdose emergency
161	161	6.4procedures;
162	162	6.5 (11) a policy regarding identification of confined or incarcerated individuals with special
163	163	6.6needs;
164	164	6.7 (12) a policy regarding the use of telehealth;
165	165	6.8 (13) self-auditing of compliance with minimum standards;
166	166	6.9 (14) information sharing with medical personnel and when medical assessment must be
167	167	6.10facilitated;
168	168	6.11 (15) a code of conduct policy for facility staff and annual training;
169	169	6.12 (16) a policy on reviewing all circumstances surrounding the death of an individual
170	170	6.13detained, confined, or housed in the facility; and
171	171	6.14 (17) dissemination of a rights statement made available to confined or incarcerated
172	172	6.15individuals.
173	173	6.16 (b) Nothing in this section limits the commissioner's authority to adopt rules establishing
174	174	6.17standards of eligibility for counties to receive funds under chapter 401 or to require counties
175	175	6.18to comply with operating standards that the commissioner establishes as a condition precedent
176	176	6.19for counties to receive the funding.
177	177	6.20 (c) The time limit to adopt rules under section 14.125 does not apply to amendments to
178	178	6.21rule chapters in effect on the effective date of this section.
179	179	6.22 Sec. 2. [241.012] LICENSING ACTIONS AGAINST LOCAL CORRECTIONAL
180	180	6.23FACILITIES.
181	181	6.24 Subdivision 1.Correction order; conditional license.(a) For any local correctional
182	182	6.25facility, the commissioner must:
183	183	6.26 (1) promptly notify the facility administrator and the facility's governing board of a
184	184	6.27deficiency if the commissioner finds that:
185	185	6.28 (i) the facility does not substantially conform to the minimum standards established by
186	186	6.29the commissioner and is not making satisfactory progress toward substantial conformance;
187	187	6.30and
188	188	6Sec. 2.
189	189	25-00498 as introduced01/16/25 REVISOR EB/MI 7.1 (ii) the nonconformance does not present an imminent risk of life-threatening harm or
190	190	7.2serious physical injury to the individuals confined, incarcerated, or housed in or served by
191	191	7.3the facility; and
192	192	7.4 (2) issue a correction order or a conditional license order requiring that the deficiency
193	193	7.5be remedied within a reasonable and specified period.
194	194	7.6 (b) A conditional license order may restrict the use of any facility that does not
195	195	7.7substantially conform to minimum standards, including by:
196	196	7.8 (1) imposing conditions limiting operation of the facility or parts of the facility;
197	197	7.9 (2) reducing facility capacity;
198	198	7.10 (3) limiting intake;
199	199	7.11 (4) limiting length of detention or placement for individuals; or
200	200	7.12 (5) imposing detention or placement limitations based on the needs of the confined,
201	201	7.13incarcerated, or housed individuals or individuals served by the facility.
202	202	7.14 (c) A correction order or conditional license order must clearly state the following:
203	203	7.15 (1) the specific minimum standards violated, noting the implicated rule or statute;
204	204	7.16 (2) the findings that constitute a violation of minimum standards;
205	205	7.17 (3) the corrective action needed;
206	206	7.18 (4) the time allowed to correct each violation; and
207	207	7.19 (5) if a license is made conditional:
208	208	7.20 (i) the length and terms of the conditional license;
209	209	7.21 (ii) any conditions limiting operation of the facility or parts of the facility; and
210	210	7.22 (iii) the reasons for making the license conditional.
211	211	7.23 (d) Nothing in this section prohibits the commissioner from ordering a revocation under
212	212	7.24subdivision 3 before issuing a correction order or conditional license order.
213	213	7.25 Subd. 2.Requesting review of conditional license order.(a) A facility administrator
214	214	7.26may request that the commissioner review the findings in a conditional license order under
215	215	7.27subdivision 1 on the grounds that satisfactory progress toward substantial compliance with
216	216	7.28minimum standards has been made, supported by evidence of correction. If appropriate, the
217	217	7.29request may include a written schedule for compliance.
218	218	7Sec. 2.
219	219	25-00498 as introduced01/16/25 REVISOR EB/MI 8.1 (b) Within ten business days of receiving a request, the commissioner must review the
220	220	8.2evidence of correction and the progress made toward substantial compliance with minimum
221	221	8.3standards.
222	222	8.4 (c) When the commissioner has assurance that satisfactory progress toward substantial
223	223	8.5compliance with minimum standards is being made, the commissioner must:
224	224	8.6 (1) modify or lift any conditions limiting operation of the facility or parts of the facility;
225	225	8.7or
226	226	8.8 (2) remove the conditional license order.
227	227	8.9 Subd. 3.License revocation order.(a) After due notice to a facility administrator of
228	228	8.10the commissioner's intent to issue a revocation order, the commissioner may issue an order
229	229	8.11revoking a facility's license if the commissioner finds that:
230	230	8.12 (1) the facility does not conform to minimum standards or is not making satisfactory
231	231	8.13progress toward substantial compliance with minimum standards; and
232	232	8.14 (2) the nonconformance does not present an imminent risk of life-threatening harm or
233	233	8.15serious physical injury to the individuals confined, incarcerated, or housed in or served by
234	234	8.16the facility.
235	235	8.17 (b) The notice of intent to issue a revocation order must include:
236	236	8.18 (1) the citation to minimum standards that have been violated;
237	237	8.19 (2) the nature and severity of each violation;
238	238	8.20 (3) whether the violation is recurring or nonrecurring;
239	239	8.21 (4) the effect of the violation on individuals confined, incarcerated, or housed in or
240	240	8.22served by the facility;
241	241	8.23 (5) an evaluation of the risk of harm to individuals confined, incarcerated, or housed in
242	242	8.24or served by the facility; and
243	243	8.25 (6) relevant facts, conditions, and circumstances on the facility's operation, including at
244	244	8.26a minimum:
245	245	8.27 (i) specific facility deficiencies that endanger the health or safety of individuals confined,
246	246	8.28incarcerated, or housed in or served by the facility;
247	247	8.29 (ii) substantiated complaints relating to the facility; or
248	248	8.30 (iii) any other evidence that the facility is not in compliance with minimum standards.
249	249	8Sec. 2.
250	250	25-00498 as introduced01/16/25 REVISOR EB/MI 9.1 (c) Within 30 days of receiving a notice under paragraph (b), the facility administrator
251	251	9.2must submit a written response with:
252	252	9.3 (1) any information related to errors in the notice and the facility's ability to conform to
253	253	9.4minimum standards within a set period, including but not limited to a written schedule for
254	254	9.5compliance and any other information that the facility administrator deems relevant for the
255	255	9.6commissioner's consideration; and
256	256	9.7 (2) a written plan:
257	257	9.8 (i) indicating how the facility will ensure the transfer of confined, incarcerated, or housed
258	258	9.9individuals, or individuals served by the facility, and records if the facility closes; and
259	259	9.10 (ii) specifying arrangements that the facility will make to transfer confined, incarcerated,
260	260	9.11or housed individuals, or individuals served by the facility, to another licensed local
261	261	9.12correctional facility for continuation of detention.
262	262	9.13 (d) When revoking a license, the commissioner must consider:
263	263	9.14 (1) the nature, chronicity, or severity of the statute or rule violation; and
264	264	9.15 (2) the effect of the violation on the health, safety, or rights of individuals confined,
265	265	9.16incarcerated, or housed in or served by the facility.
266	266	9.17 (e) The commissioner must issue a revocation order if the facility administrator does
267	267	9.18not respond within 30 days to the notice or if the commissioner does not have assurance
268	268	9.19that satisfactory progress toward substantial compliance with minimum standards will be
269	269	9.20made. The revocation order must be sent to the facility administrator and the facility's
270	270	9.21governing board, clearly stating:
271	271	9.22 (1) the specific minimum standards violated, noting the implicated rule or statute;
272	272	9.23 (2) the findings that constitute a violation of minimum standards and the nature,
273	273	9.24chronicity, or severity of the violations;
274	274	9.25 (3) the corrective action needed;
275	275	9.26 (4) any prior correction or conditional license order issued to correct a violation; and
276	276	9.27 (5) the date at which the license revocation will occur.
277	277	9.28 (f) A revocation order may authorize facility use until a certain date, not to exceed the
278	278	9.29duration of the active license:
279	279	9.30 (1) unless a limited license is issued by the commissioner to effectuate a facility closure;
280	280	9.31and
281	281	9Sec. 2.
282	282	25-00498 as introduced01/16/25 REVISOR EB/MI 10.1 (2) if continued operation does not present an imminent risk of life-threatening harm or
283	283	10.2is not likely to result in serious physical injury to the individuals confined, incarcerated, or
284	284	10.3housed in or served by the facility.
285	285	10.4 (g) After a facility's license is revoked, the facility must not be used until the license is
286	286	10.5reinstated. When the commissioner is assured that satisfactory progress toward substantial
287	287	10.6compliance with minimum standards is being made, the commissioner may, at the request
288	288	10.7of the facility administrator supported by a written schedule for compliance, reinstate the
289	289	10.8license.
290	290	10.9 Subd. 4.Reconsideration orders.(a) If a facility administrator believes that a correction
291	291	10.10order, conditional license order, or revocation order is in error, the facility administrator
292	292	10.11may ask the commissioner to reconsider the parts of the order or the action that is alleged
293	293	10.12to be in error. The request for reconsideration must:
294	294	10.13 (1) be made in writing;
295	295	10.14 (2) be postmarked and sent to the commissioner within 30 calendar days after receiving
296	296	10.15the order;
297	297	10.16 (3) specify the parts of the order or the action that is alleged to be in error;
298	298	10.17 (4) explain why the order or action is in error; and
299	299	10.18 (5) include documentation to support the allegation of error.
300	300	10.19 (b) The commissioner must issue a disposition within 60 days of receiving the facility
301	301	10.20administrator's response under paragraph (a). A request for reconsideration does not stay
302	302	10.21any provisions or requirements of the order.
303	303	10.22 Subd. 5.Temporary immediate license suspension.(a) The commissioner must act
304	304	10.23immediately to temporarily suspend a license issued under sections 241.011 to 241.013 if:
305	305	10.24 (1) the facility's failure to comply with applicable minimum standards or the conditions
306	306	10.25in the facility pose an imminent risk of life-threatening harm or serious physical injury to
307	307	10.26individuals confined, incarcerated, or housed in or served by the facility; staff; law
308	308	10.27enforcement; visitors; or the public and:
309	309	10.28 (i) if the imminent risk of life-threatening harm or serious physical injury cannot be
310	310	10.29promptly corrected through a different type of order under this section; and
311	311	10.30 (ii) the facility cannot or has not corrected the violation giving rise to the imminent risk
312	312	10.31of life-threatening harm or serious physical injury; or
313	313	10Sec. 2.
314	314	25-00498 as introduced01/16/25 REVISOR EB/MI 11.1 (2) while the facility continues to operate pending due notice and opportunity for written
315	315	11.2response to the commissioner's notice of intent to issue a revocation order under subdivision
316	316	11.33, the commissioner identifies one or more subsequent violations of minimum standards
317	317	11.4that may adversely affect the health or safety of individuals confined, incarcerated, or housed
318	318	11.5in or served by the facility; staff; law enforcement; visitors; or the public.
319	319	11.6 (b) A notice stating the reasons for the temporary immediate suspension must be delivered
320	320	11.7by personal service to the facility administrator and the facility's governing board.
321	321	11.8 (c) A facility administrator and the facility's governing board must discontinue operating
322	322	11.9the facility upon receiving the commissioner's order to immediately suspend the license.
323	323	11.10 Subd. 6.Requesting reconsideration of temporary immediate suspension.(a) A
324	324	11.11facility administrator may request reconsideration of an order immediately suspending a
325	325	11.12license. The request for reconsideration must be made in writing and sent by certified mail
326	326	11.13or personal service as follows:
327	327	11.14 (1) if mailed, the request for reconsideration must be postmarked and sent to the
328	328	11.15commissioner within five business days after the facility administrator receives notice that
329	329	11.16the license has been immediately suspended; and
330	330	11.17 (2) if a request is made by personal service, the request must be received by the
331	331	11.18commissioner within five business days after the facility administrator received the order.
332	332	11.19 (b) The request for reconsideration must:
333	333	11.20 (1) specify the parts of the order that are alleged to be in error;
334	334	11.21 (2) explain why they are in error; and
335	335	11.22 (3) include documentation to support the allegation of error.
336	336	11.23 (c) Within five business days of receiving the facility administrator's timely request for
337	337	11.24reconsideration, the commissioner must review the request. For a review under subdivision
338	338	11.255, paragraph (a), clause (2), the review must be limited solely to whether the temporary
339	339	11.26immediate suspension order should remain in effect pending the written response to the
340	340	11.27commissioner's notice of intent to issue a revocation order.
341	341	11.28 Subd. 7.Appealing commissioner's reconsideration request.(a) The commissioner's
342	342	11.29disposition of a request for reconsideration of a correction, conditional license, temporary
343	343	11.30immediate suspension, or revocation order is final and subject to appeal. Before a facility
344	344	11.31administrator may request an appeal under paragraph (b), the facility administrator must
345	345	11Sec. 2.
346	346	25-00498 as introduced01/16/25 REVISOR EB/MI 12.1request reconsideration according to this section of any correction, conditional license,
347	347	12.2temporary immediate suspension, or revocation order.
348	348	12.3 (b) Within 60 days after the postmark date of the mailed notice of the commissioner's
349	349	12.4decision on a request for reconsideration, the facility administrator may appeal the decision
350	350	12.5by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota
351	351	12.6Rules of Civil Appellate Procedure, Rule 115.
352	352	12.7 Subd. 8.Public notice of restriction, revocation, or suspension.If a facility's license
353	353	12.8is revoked or suspended under this section, if a facility's use is restricted for any reason
354	354	12.9under a conditional license order, or if a correction order is issued to a facility, the
355	355	12.10commissioner must publicly post the following on the department's website:
356	356	12.11 (1) the facility name;
357	357	12.12 (2) the status of the facility's license; and
358	358	12.13 (3) the reason for the correction order, restriction, revocation, or suspension.
359	359	12.14Sec. 3. [241.013] LICENSING AND INSPECTING LOCAL JUVENILE
360	360	12.15CORRECTIONAL FACILITIES.
361	361	12.16 Subdivision 1.Scope.This section applies to local juvenile correctional facilities licensed
362	362	12.17by the commissioner of corrections to detain or serve juveniles.
363	363	12.18 Subd. 2.Applicability.Unless otherwise provided under section 241.011 or by any
364	364	12.19other law, section 241.011 applies to local juvenile correctional facilities.
365	365	12.20 Subd. 3.Facilities for children and youth; inspection and licensing.(a)
366	366	12.21Notwithstanding any provisions in sections 245A.03; 245A.04; and 256.01, subdivision 2,
367	367	12.22paragraph (a), clause (2); and chapter 245C to the contrary, the commissioner must inspect
368	368	12.23all local juvenile correctional facilities under section 241.011, subdivision 3, except as
369	369	12.24provided under paragraph (c).
370	370	12.25 (b) The commissioner must grant a license for up to two years to a county, municipality,
371	371	12.26or facility:
372	372	12.27 (1) according to section 241.011, subdivision 5; and
373	373	12.28 (2) if the commissioner is satisfied that the interests and well-being of children and youth
374	374	12.29are protected.
375	375	12.30 (c) For local juvenile correctional facilities licensed by the commissioner of human
376	376	12.31services, the commissioner of corrections may inspect and certify programs based on
377	377	12Sec. 3.
378	378	25-00498 as introduced01/16/25 REVISOR EB/MI 13.1certification standards under Minnesota Rules. For purposes of this paragraph, "certification"
379	379	13.2has the meaning given in section 245A.02.
380	380	13.3 Subd. 4.Commissioner consultation.Each facility must receive consultation from the
381	381	13.4commissioner as needed to strengthen services to children and youth.
382	382	13.5 Subd. 5.Affected municipality; notice.(a) The commissioner must not grant a license
383	383	13.6without giving 30 calendar days' written notice to any affected municipality or other political
384	384	13.7subdivision unless the facility:
385	385	13.8 (1) has a licensed capacity of six or fewer individuals; and
386	386	13.9 (2) is occupied by either the licensee or a group foster home parent.
387	387	13.10 (b) The notification must be given before the license is first granted and annually
388	388	13.11thereafter if annual notification is requested in writing by the affected municipality or other
389	389	13.12political subdivision.
390	390	13.13 (c) State funds must not be made available to or be spent by an agency or department
391	391	13.14of state, county, or municipal government for payment to a foster care facility licensed under
392	392	13.15this section until this subdivision has been complied with.
393	393	13.16 Subd. 6.Licensing with juveniles from outside state.The commissioner must not issue
394	394	13.17or renew a license to a facility under this section to operate a local juvenile correctional
395	395	13.18facility if:
396	396	13.19 (1) the facility accepts juveniles who reside outside Minnesota; and
397	397	13.20 (2) there is no agreement with the entity placing the juvenile at the facility that obligates
398	398	13.21the entity to pay the juvenile's educational expenses.
399	399	13.22 Subd. 7.Licensing actions.The licensing actions under section 241.012 apply to a
400	400	13.23facility licensed under this section.
401	401	13.24 Subd. 8.Education for juveniles.Notwithstanding subdivision 1, the education program
402	402	13.25offered in a state or local correctional facility for the placement, confinement, or incarceration
403	403	13.26of juveniles must be approved by the commissioner of education before the commissioner
404	404	13.27of corrections may grant a license to the facility.
405	405	13.28 Subd. 9.Rulemaking.(a) The commissioner must adopt rules for local juvenile
406	406	13.29correctional facilities according to Laws 1995, chapter 226, article 3, sections 50, 51, and
407	407	13.3060, as amended.
408	408	13.31 (b) The time limit to adopt rules under section 14.125 does not apply to amendments to
409	409	13.32Minnesota Rules, chapter 2960, in effect on the effective date of this section.
410	410	13Sec. 3.
411	411	25-00498 as introduced01/16/25 REVISOR EB/MI 14.1 Sec. 4. [241.014] SECURITY AUDITS FOR STATE CORRECTIONAL FACILITIES.
412	412	14.2 Subdivision 1.Purpose.This section applies to state correctional facilities.
413	413	14.3 Subd. 2.Definitions.(a) For purposes of this section, the terms defined in this subdivision
414	414	14.4have the meanings given.
415	415	14.5 (b) "Audit group" means the state correctional facilities security audit group under
416	416	14.6subdivision 5.
417	417	14.7 (c) "Corrections and detention confidential data" has the meaning given in section 13.85,
418	418	14.8subdivision 3.
419	419	14.9 (d) "Security information" has the meaning given in section 13.37, subdivision 1.
420	420	14.10 Subd. 3.Biennial report and audit of security practices.The department's inspection
421	421	14.11unit must conduct biennial security audits of each state correctional facility using the
422	422	14.12standards established by the audit group. The inspection unit must:
423	423	14.13 (1) prepare a report for each audit; and
424	424	14.14 (2) submit the report to the audit group within 30 days of completing the audit.
425	425	14.15 Subd. 4.Data.(a) Corrections and detention confidential data and security information
426	426	14.16that is contained in reports and records of the audit group:
427	427	14.17 (1) maintain that classification, regardless of the data's classification in the hands of the
428	428	14.18person who provided the data; and
429	429	14.19 (2) are not subject to discovery or introduction into evidence in a civil or criminal action
430	430	14.20against the state arising out of any matter that the audit group is reviewing.
431	431	14.21 (b) Information, documents, and records otherwise available from other sources are not
432	432	14.22immune from discovery or use in a civil or criminal action solely because they were acquired
433	433	14.23during an audit.
434	434	14.24 (c) Nothing in this subdivision limits a person who presented information to the audit
435	435	14.25group or who is an audit group member from testifying about matters within the person's
436	436	14.26knowledge. In a civil or criminal proceeding, a person must not be questioned about the
437	437	14.27person's good faith presentation of information to the audit group or opinions formed by
438	438	14.28the person as a result of an audit.
439	439	14.29 Subd. 5.State correctional facilities security audit group.(a) The commissioner must
440	440	14.30form a state correctional facilities security audit group. The audit group must consist of the
441	441	14.31following members:
442	442	14Sec. 4.
443	443	25-00498 as introduced01/16/25 REVISOR EB/MI 15.1 (1) a department employee who is not assigned to the correctional institutions division,
444	444	15.2appointed by the commissioner;
445	445	15.3 (2) the ombudsperson for corrections or a designee;
446	446	15.4 (3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association,
447	447	15.5appointed by the commissioner;
448	448	15.6 (4) an individual with expertise in security related to infrastructure and operational
449	449	15.7logistics of correctional facilities who is not required to reside in Minnesota, appointed by
450	450	15.8the governor;
451	451	15.9 (5) the commissioner of health or a designee;
452	452	15.10 (6) the commissioner of administration or a designee;
453	453	15.11 (7) two senators, one appointed by the senate majority leader and one appointed by the
454	454	15.12senate minority leader; and
455	455	15.13 (8) two representatives, one appointed by the speaker of the house and one appointed
456	456	15.14by the minority leader of the house of representatives.
457	457	15.15 (b) The ombudsperson chairs the audit group. The audit group must establish security
458	458	15.16audit standards for state correctional facilities. In developing the standards, the audit group,
459	459	15.17or individual members of the audit group, may gather information from state correctional
460	460	15.18facilities and state correctional staff and inmates. The audit group must:
461	461	15.19 (1) periodically review the standards and modify them as needed; and
462	462	15.20 (2) report the standards to the chairs and ranking minority members of the house of
463	463	15.21representatives and senate committees with jurisdiction over public safety policy and finance
464	464	15.22when the standards are modified.
465	465	15.23 (c) The audit group must meet twice annually to review facility audit reports that the
466	466	15.24department's inspection unit submits to the audit group. Notwithstanding any law to the
467	467	15.25contrary, the audit group may review the full audit reports, including corrections and
468	468	15.26detention confidential data and security information.
469	469	15.27 (d) Within 60 days of meeting to review an audit report from the department's inspection
470	470	15.28unit, the audit group must make recommendations to the commissioner. Within 45 days of
471	471	15.29receiving the audit group's recommendations, the commissioner must respond in writing to
472	472	15.30the audit group's findings and recommendations. The commissioner's response must explain:
473	473	15.31 (1) whether the commissioner will implement the audit group's recommendations;
474	474	15Sec. 4.
475	475	25-00498 as introduced01/16/25 REVISOR EB/MI 16.1 (2) the timeline for implementing the recommendations; and
476	476	16.2 (3) if the commissioner will not implement the recommendations, why the commissioner
477	477	16.3will not or cannot implement the recommendations.
478	478	16.4 (e) The commissioner must include a written aggregate of the audit group's
479	479	16.5recommendations based on each security audit and assessment of a state correctional facility
480	480	16.6and the commissioner's responses to the recommendations in the biennial report under
481	481	16.7section 241.016, subdivision 1. The commissioner must not include corrections and detention
482	482	16.8confidential data and security information in the commissioner's report.
483	483	16.9 (f) The commissioner must provide staffing and administrative support to the audit
484	484	16.10group.
485	485	16.11 Subd. 6.Compensation.Except as otherwise provided in this subdivision, the terms,
486	486	16.12compensation, and removal of audit group members are governed by section 15.059. Audit
487	487	16.13group members serve without compensation but may receive expense reimbursement.
488	488	16.14Notwithstanding section 15.059, subdivision 6, the audit group does not expire.
489	489	16.15 Subd. 7.Open meeting law.The audit group is not subject to chapter 13D.
490	490	16.16Sec. 5. Minnesota Statutes 2024, section 241.021, subdivision 1f, is amended to read:
491	491	16.17 Subd. 1f.Report.By February 15, 2022, and by February 15 each year thereafter, the
492	492	16.18commissioner of corrections shall must report to the chairs and ranking minority members
493	493	16.19of the house of representatives and senate committees and divisions with jurisdiction over
494	494	16.20public safety and judiciary on the status of the implementation of the provisions in this
495	495	16.21section implementing sections 241.011 to 241.021 over the prior year, particularly the health
496	496	16.22and safety provisions of individuals confined or, incarcerated, or housed in a both local
497	497	16.23adult and state correctional facility and a facility licensed by the commissioner facilities.
498	498	16.24This The report shall must include but not be limited to data regarding on:
499	499	16.25 (1) in accordance with section 241.011, subdivision 7, the number of confined or,
500	500	16.26incarcerated persons, or housed individuals who died while committed to the custody of
501	501	16.27the facility, regardless of whether the death occurred at the facility or after removal from
502	502	16.28the facility for medical care stemming from an incident or need for medical care at the
503	503	16.29correctional facility, including aggregated demographic information and the local correctional
504	504	16.30facilities' most recent inspection reports and any issued corrective orders or, conditional
505	505	16.31licenses issued, revocations, or temporary immediate suspensions;
506	506	16.32 (2) the aggregated results of the any death reviews conducted by a facility as required
507	507	16.33by under section 241.011, subdivision 8, including any implemented policy changes;
508	508	16Sec. 5.
509	509	25-00498 as introduced01/16/25 REVISOR EB/MI 17.1 (3) the number of uses of force by facility staff on persons individuals confined or
510	510	17.2incarcerated in the state correctional facility or local adult correctional facility, including
511	511	17.3but not limited to whether those the uses of force were determined to be justified by the
512	512	17.4facility, for which the commissioner of corrections shall consult with the Minnesota Sheriffs'
513	513	17.5Association and a representative from the Minnesota Association of Community Corrections
514	514	17.6Act Counties who is responsible for the operations of an adult correctional facility to develop
515	515	17.7criteria for reporting and define reportable uses of force;
516	516	17.8 (4) the number of suicide attempts, number of people individuals transported to a medical
517	517	17.9facility, and number of people individuals placed in segregation;
518	518	17.10 (5) the number of persons individuals committed to the commissioner of corrections'
519	519	17.11commissioner's custody that the commissioner is housing in local adult correctional facilities
520	520	17.12licensed under subdivision 1 section 241.011, including but not limited to:
521	521	17.13 (i) aggregated demographic data of those the individuals;
522	522	17.14 (ii) length of time spent housed in a licensed local adult correctional facility; and
523	523	17.15 (iii) any contracts that the department of Corrections has with local adult correctional
524	524	17.16facilities to provide housing; and
525	525	17.17 (6) summary data from state correctional facilities regarding on complaints involving
526	526	17.18alleged on-duty staff misconduct, including but not limited to the:
527	527	17.19 (i) total number of misconduct complaints and investigations;
528	528	17.20 (ii) total number of complaints by each category of misconduct, as defined by the
529	529	17.21commissioner of corrections;
530	530	17.22 (iii) number of allegations dismissed as unfounded;
531	531	17.23 (iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
532	532	17.24and
533	533	17.25 (v) number of allegations substantiated, any resulting disciplinary action, and the nature
534	534	17.26of the discipline.
535	535	17.27Sec. 6. Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:
536	536	17.28 Subd. 4a.Substance use disorder treatment programs.All (a) The following residential
537	537	17.29substance use disorder treatment programs operated by the commissioner of corrections to
538	538	17.30treat adults committed to the commissioner's custody shall must comply with the standards
539	539	17Sec. 6.
540	540	25-00498 as introduced01/16/25 REVISOR EB/MI 18.1mandated in chapter 245G for treatment programs operated by community-based treatment
541	541	18.2facilities.:
542	542	18.3 (1) programs in state correctional facilities that treat individuals committed to the
543	543	18.4commissioner's custody; and
544	544	18.5 (2) programs to treat juveniles in state-operated local juvenile correctional facilities that
545	545	18.6have a correctional program services certification under Minnesota Rules, chapter 2960.
546	546	18.7 (b) When the commissioners of corrections and human services agree that these the
547	547	18.8established standards for community-based programs cannot reasonably apply to correctional
548	548	18.9facilities under paragraph (a), alternative equivalent standards shall must be developed by
549	549	18.10the commissioners and established through an interagency agreement.
550	550	18.11Sec. 7. Minnesota Statutes 2024, section 241.021, subdivision 7, is amended to read:
551	551	18.12 Subd. 7.Intake release of information.(a) All local adult and state correctional facilities
552	552	18.13that confine or incarcerate adults are required must at intake to provide each person individual
553	553	18.14an authorization form to release information related to that person's the individual's health
554	554	18.15or mental health condition and when that information should be shared.
555	555	18.16 This (b) The release form shall must allow the individual to select if the individual wants
556	556	18.17to require the correctional facility to make attempts to contact the designated person to
557	557	18.18facilitate the sharing of health condition information upon incapacitation or if the individual
558	558	18.19becomes unable to communicate or direct the sharing of this information, so long as:
559	559	18.20 (1) contact information was provided; and
560	560	18.21 (2) the incapacitated individual or individual who is unable to communicate or direct
561	561	18.22the sharing of this information is not subject to a court order prohibiting contact with the
562	562	18.23designated person.
563	563	18.24Sec. 8. REVISOR INSTRUCTION.
564	564	18.25 The revisor of statutes must renumber each section of Minnesota Statutes listed in column
565	565	18.26A with the number listed in column B.
566	566	Column B18.27 Column A
567	567	241.74, subdivision 118.28 241.021, subdivision 4
568	568	241.3918.29 241.021, subdivision 4a
569	569	241.74, subdivision 2, paragraph (a)18.30 241.021, subdivision 4b
570	570	241.74, subdivision 2, paragraph (b)18.31 241.021, subdivision 4c
571	571	18Sec. 8.
572	572	25-00498 as introduced01/16/25 REVISOR EB/MI 241.74, subdivision 319.1 241.021, subdivision 4d
573	573	241.25419.2 241.021, subdivision 4e
574	574	19.3 Sec. 9. REVISOR INSTRUCTION; CROSS-REFERENCES.
575	575	19.4 As a result of amendments to Minnesota Statutes, sections 241.011 to 241.021, the
576	576	19.5revisor of statutes must work with the Department of Corrections to correct cross-references
577	577	19.6in Minnesota Statutes and Minnesota Rules and make any other necessary grammatical
578	578	19.7changes.
579	579	19.8 Sec. 10. REPEALER.
580	580	19.9 Minnesota Statutes 2024, section 241.021, subdivisions 1, 1a, 1b, 1c, 1d, 1e, 1g, 1h, 1i,
581	581	19.102, 2a, 2b, 3, 6, and 8, are repealed.
582	582	19Sec. 10.
583	583	25-00498 as introduced01/16/25 REVISOR EB/MI 241.021 LICENSING AND SUPERVISION OF FACILITIES.
584	584	Subdivision 1.Correctional facilities; inspection; licensing.(a) Except as provided in paragraph
585	585	(b), the commissioner of corrections shall inspect and license all correctional facilities throughout
586	586	the state, whether public or private, established and operated for the detention and confinement of
587	587	persons confined or incarcerated therein according to law except to the extent that they are inspected
588	588	or licensed by other state regulating agencies. The commissioner shall promulgate pursuant to
589	589	chapter 14, rules establishing minimum standards for these facilities with respect to their
590	590	management, operation, physical condition, and the security, safety, health, treatment, and discipline
591	591	of persons confined or incarcerated therein. These minimum standards shall include but are not
592	592	limited to specific guidance pertaining to:
593	593	(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated in
594	594	correctional facilities with mental illness or substance use disorders;
595	595	(2) a policy on the involuntary administration of medications;
596	596	(3) suicide prevention plans and training;
597	597	(4) verification of medications in a timely manner;
598	598	(5) well-being checks;
599	599	(6) discharge planning, including providing prescribed medications to persons confined or
600	600	incarcerated in correctional facilities upon release;
601	601	(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
602	602	institution;
603	603	(8) use of segregation and mental health checks;
604	604	(9) critical incident debriefings;
605	605	(10) clinical management of substance use disorders and opioid overdose emergency procedures;
606	606	(11) a policy regarding identification of persons with special needs confined or incarcerated in
607	607	correctional facilities;
608	608	(12) a policy regarding the use of telehealth;
609	609	(13) self-auditing of compliance with minimum standards;
610	610	(14) information sharing with medical personnel and when medical assessment must be
611	611	facilitated;
612	612	(15) a code of conduct policy for facility staff and annual training;
613	613	(16) a policy on death review of all circumstances surrounding the death of an individual
614	614	committed to the custody of the facility; and
615	615	(17) dissemination of a rights statement made available to persons confined or incarcerated in
616	616	licensed correctional facilities.
617	617	No individual, corporation, partnership, voluntary association, or other private organization
618	618	legally responsible for the operation of a correctional facility may operate the facility unless it
619	619	possesses a current license from the commissioner of corrections. Private adult correctional facilities
620	620	shall have the authority of section 624.714, subdivision 13, if the Department of Corrections licenses
621	621	the facility with the authority and the facility meets requirements of section 243.52.
622	622	The commissioner shall review the correctional facilities described in this subdivision at least
623	623	once every two years, except as otherwise provided, to determine compliance with the minimum
624	624	standards established according to this subdivision or other Minnesota statute related to minimum
625	625	standards and conditions of confinement.
626	626	The commissioner shall grant a license to any facility found to conform to minimum standards
627	627	or to any facility which, in the commissioner's judgment, is making satisfactory progress toward
628	628	substantial conformity and the standards not being met do not impact the interests and well-being
629	629	of the persons confined or incarcerated in the facility. A limited license under subdivision 1a may
630	630	be issued for purposes of effectuating a facility closure. The commissioner may grant licensure up
631	631	to two years. Unless otherwise specified by statute, all licenses issued under this chapter expire at
632	632	12:01 a.m. on the day after the expiration date stated on the license.
633	633	1R
634	634	APPENDIX
635	635	Repealed Minnesota Statutes: 25-00498 The commissioner shall have access to the buildings, grounds, books, records, staff, and to
636	636	persons confined or incarcerated in these facilities. The commissioner may require the officers in
637	637	charge of these facilities to furnish all information and statistics the commissioner deems necessary,
638	638	at a time and place designated by the commissioner. Notwithstanding chapter 13 or any other state
639	639	law classifying or restricting access to data, the officers in charge of these facilities must furnish
640	640	all data available to the facility that the commissioner deems necessary to conduct a review of any
641	641	emergency or unusual occurrence at the facility. Failure to provide or grant access to relevant
642	642	information or statistics necessary to fulfill inspection or emergency or unusual occurrence reviews,
643	643	as requested by the commissioner, may be grounds for the commissioner to take action against a
644	644	correctional facility's license under subdivision 1a, 1b, or 1c.
645	645	All facility administrators of correctional facilities are required to report all deaths of individuals
646	646	who died while committed to the custody of the facility, regardless of whether the death occurred
647	647	at the facility or after removal from the facility for medical care stemming from an incident or need
648	648	for medical care at the correctional facility, as soon as practicable, but no later than 24 hours of
649	649	receiving knowledge of the death, including any demographic information as required by the
650	650	commissioner.
651	651	All facility administrators of correctional facilities are required to report all other emergency
652	652	or unusual occurrences as defined by rule, including uses of force by facility staff that result in
653	653	substantial bodily harm or suicide attempts, to the commissioner of corrections within ten days
654	654	from the occurrence, including any demographic information as required by the commissioner. The
655	655	commissioner of corrections shall consult with the Minnesota Sheriffs' Association and a
656	656	representative from the Minnesota Association of Community Corrections Act Counties who is
657	657	responsible for the operations of an adult correctional facility to define "use of force" that results
658	658	in substantial bodily harm for reporting purposes.
659	659	The commissioner may require that any or all such information be provided through the
660	660	Department of Corrections detention information system. The commissioner shall post each
661	661	inspection report publicly and on the department's website within 30 days of completing the
662	662	inspection. The education program offered in a correctional facility for the confinement or
663	663	incarceration of juvenile offenders must be approved by the commissioner of education before the
664	664	commissioner of corrections may grant a license to the facility.
665	665	(b) For juvenile facilities licensed by the commissioner of human services, the commissioner
666	666	may inspect and certify programs based on certification standards set forth in Minnesota Rules. For
667	667	the purpose of this paragraph, "certification" has the meaning given it in section 245A.02.
668	668	(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional facilities
669	669	shall, insofar as is possible, ensure that the minimum standards it requires are substantially the same
670	670	as those required by other state agencies which regulate, inspect, or license the same aspects of
671	671	similar types of correctional facilities, although at different correctional facilities.
672	672	(d) Nothing in this section shall be construed to limit the commissioner of corrections' authority
673	673	to promulgate rules establishing standards of eligibility for counties to receive funds under chapter
674	674	401, or to require counties to comply with operating standards the commissioner establishes as a
675	675	condition precedent for counties to receive that funding.
676	676	(e) The department's inspection unit must report directly to a division head outside of the
677	677	correctional institutions division.
678	678	Subd. 1a.Correction order; conditional license.(a) When the commissioner finds that any
679	679	facility described in subdivision 1, except foster care facilities for delinquent children and youth
680	680	as provided in subdivision 2, does not substantially conform to the minimum standards established
681	681	by the commissioner and is not making satisfactory progress toward substantial conformance and
682	682	the nonconformance does not present an imminent risk of life-threatening harm or serious physical
683	683	injury to the persons confined or incarcerated in the facility, the commissioner shall promptly notify
684	684	the facility administrator and the governing board of the facility of the deficiencies and must issue
685	685	a correction order or a conditional license order that the deficiencies be remedied within a reasonable
686	686	and specified period of time.
687	687	The conditional license order may restrict the use of any facility which does not substantially
688	688	conform to minimum standards, including imposition of conditions limiting operation of the facility
689	689	or parts of the facility, reducing facility capacity, limiting intake, limiting length of detention for
690	690	individuals, or imposing detention limitations based on the needs of the individuals being confined
691	691	or incarcerated therein.
692	692	2R
693	693	APPENDIX
694	694	Repealed Minnesota Statutes: 25-00498 The correction order or conditional license order must clearly state the following:
695	695	(1) the specific minimum standards violated, noting the implicated rule or law;
696	696	(2) the findings that constitute a violation of minimum standards;
697	697	(3) the corrective action needed;
698	698	(4) time allowed to correct each violation; and
699	699	(5) if a license is made conditional, the length and terms of the conditional license, any conditions
700	700	limiting operation of the facility, and the reasons for making the license conditional.
701	701	(b) The facility administrator may request review of the findings noted in the conditional license
702	702	order on the grounds that satisfactory progress toward substantial compliance with minimum
703	703	standards has been made, supported by evidence of correction, and, if appropriate, may include a
704	704	written schedule for compliance. The commissioner shall review the evidence of correction and
705	705	the progress made toward substantial compliance with minimum standards within a reasonable
706	706	period of time, not to exceed ten business days. When the commissioner has assurance that
707	707	satisfactory progress toward substantial compliance with minimum standards is being made, the
708	708	commissioner shall lift any conditions limiting operation of the facility or parts of the facility or
709	709	remove the conditional license order.
710	710	(c) Nothing in this section prohibits the commissioner from ordering a revocation under
711	711	subdivision 1b prior to issuing a correction order or conditional license order.
712	712	Subd. 1b.License revocation order.(a) When, after due notice to the facility administrator of
713	713	the commissioner's intent to issue a revocation order, the commissioner finds that any facility
714	714	described in this subdivision, except county jails and lockups subject to active condemnation
715	715	proceedings or orders as provided in sections 641.26, 642.10, and 642.11, does not conform to
716	716	minimum standards, or is not making satisfactory progress toward substantial compliance with
717	717	minimum standards, and the nonconformance does not present an imminent risk of life-threatening
718	718	harm or serious physical injury to the persons confined or incarcerated in the facility, the
719	719	commissioner may issue an order revoking the license of that facility.
720	720	The notice of intent to issue a revocation order shall include:
721	721	(1) the citation to minimum standards that have been violated;
722	722	(2) the nature and severity of each violation;
723	723	(3) whether the violation is recurring or nonrecurring;
724	724	(4) the effect of the violation on persons confined or incarcerated in the correctional facility;
725	725	(5) an evaluation of the risk of harm to persons confined or incarcerated in the correctional
726	726	facility;
727	727	(6) relevant facts, conditions, and circumstances concerning the operation of the licensed facility,
728	728	including at a minimum:
729	729	(i) specific facility deficiencies that endanger the health or safety of persons confined or
730	730	incarcerated in the correctional facility;
731	731	(ii) substantiated complaints relating to the correctional facility; or
732	732	(iii) any other evidence that the correctional facility is not in compliance with minimum standards.
733	733	(b) The facility administrator must submit a written response within 30 days of receipt of the
734	734	notice of intent to issue a revocation order with any information related to errors in the notice,
735	735	ability to conform to minimum standards within a set period of time including but not limited to a
736	736	written schedule for compliance, and any other information the facility administrator deems relevant
737	737	for consideration by the commissioner. The written response must also include a written plan
738	738	indicating how the correctional facility will ensure the transfer of confined or incarcerated individuals
739	739	and records if the correctional facility closes. Plans must specify arrangements the correctional
740	740	facility will make to transfer confined or incarcerated individuals to another licensed correctional
741	741	facility for continuation of detention.
742	742	(c) When revoking a license, the commissioner shall consider the nature, chronicity, or severity
743	743	of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons
744	744	confined or incarcerated in the correctional facility.
745	745	3R
746	746	APPENDIX
747	747	Repealed Minnesota Statutes: 25-00498 (d) If the facility administrator does not respond within 30 days to the notice of intent to issue
748	748	a revocation order or if the commissioner does not have assurance that satisfactory progress toward
749	749	substantial compliance with minimum standards will be made, the commissioner shall issue a
750	750	revocation order. The revocation order must be sent to the facility administrator and the governing
751	751	board of the facility, clearly stating:
752	752	(1) the specific minimum standards violated, noting the implicated rule or law;
753	753	(2) the findings that constitute a violation of minimum standards and the nature, chronicity, or
754	754	severity of those violations;
755	755	(3) the corrective action needed;
756	756	(4) any prior correction or conditional license orders issued to correct violations; and
757	757	(5) the date at which the license revocation shall take place.
758	758	A revocation order may authorize use until a certain date, not to exceed the duration of the current
759	759	license, unless a limited license is issued by the commissioner for purposes of effectuating a facility
760	760	closure and continued operation does not present an imminent risk of life-threatening harm or is
761	761	not likely to result in serious physical injury to the persons confined or incarcerated in the facility.
762	762	(e) After revocation of the facility's licensure, that facility shall not be used until the license is
763	763	renewed. When the commissioner is satisfied that satisfactory progress toward substantial compliance
764	764	with minimum standards is being made, the commissioner may, at the request of the facility
765	765	administrator supported by a written schedule for compliance, reinstate the license.
766	766	Subd. 1c.Temporary license suspension.The commissioner shall act immediately to
767	767	temporarily suspend a license issued under this chapter if:
768	768	(1) the correctional facility's failure to comply with applicable minimum standards or the
769	769	conditions in the correctional facility pose an imminent risk of life-threatening harm or serious
770	770	physical injury to persons confined or incarcerated in the facility, staff, law enforcement, visitors,
771	771	or the public; and
772	772	(i) if the imminent risk of life-threatening harm or serious physical injury cannot be promptly
773	773	corrected through a different type of order under this section; and
774	774	(ii) the correctional facility cannot or has not corrected the violation giving rise to the imminent
775	775	risk of life-threatening harm or serious physical injury; or
776	776	(2) while the correctional facility continues to operate pending due notice and opportunity for
777	777	written response to the commissioner's notice of intent to issue an order of revocation, the
778	778	commissioner identifies one or more subsequent violations of minimum standards which may
779	779	adversely affect the health or safety of persons confined or incarcerated in the facility, staff, law
780	780	enforcement, visitors, or the public.
781	781	A notice stating the reasons for the immediate suspension informing the facility administrator
782	782	must be delivered by personal service to the correctional facility administrator and the governing
783	783	board of the facility.
784	784	Subd. 1d.Public notice of restriction, revocation, or suspension.If the license of a facility
785	785	under this section is revoked or suspended, or use of the facility is restricted for any reason under
786	786	a conditional license order, or a correction order is issued to a facility, the commissioner shall post
787	787	the facility, the status of the facility's license, and the reason for the correction order, restriction,
788	788	revocation, or suspension publicly and on the department's website.
789	789	Subd. 1e.Reconsideration of orders; appeals.(a) If the facility administrator believes the
790	790	correction order, conditional license order, or revocation order is in error, the facility administrator
791	791	may ask the Department of Corrections to reconsider the parts of the order or action that are alleged
792	792	to be in error. The request for reconsideration must:
793	793	(1) be made in writing;
794	794	(2) be postmarked and sent to the commissioner no later than 30 calendar days after receipt of
795	795	the correction order, conditional license order, or revocation order;
796	796	(3) specify the parts of the order that are alleged to be in error;
797	797	(4) explain why the correction order, conditional license order, or revocation order is in error;
798	798	and
799	799	4R
800	800	APPENDIX
801	801	Repealed Minnesota Statutes: 25-00498 (5) include documentation to support the allegation of error.
802	802	The commissioner shall issue a disposition within 60 days of receipt of the facility administrator's
803	803	response to correction, conditional license, or revocation order violations. A request for
804	804	reconsideration does not stay any provisions or requirements of the order.
805	805	(b) The facility administrator may request reconsideration of an order immediately suspending
806	806	a license. The request for reconsideration of an order immediately suspending a license must be
807	807	made in writing and sent by certified mail, personal service, or other means expressly stated in the
808	808	commissioner's order. If mailed, the request for reconsideration must be postmarked and sent to
809	809	the commissioner no later than five business days after the facility administrator receives notice
810	810	that the license has been immediately suspended. If a request is made by personal service, it must
811	811	be received by the commissioner no later than five business days after the facility administrator
812	812	received the order. The request for reconsideration must:
813	813	(1) specify the parts of the order that are alleged to be in error;
814	814	(2) explain why they are in error; and
815	815	(3) include documentation to support the allegation of error.
816	816	A facility administrator and the governing board of the facility shall discontinue operation of
817	817	the correctional facility upon receipt of the commissioner's order to immediately suspend the license.
818	818	(c) Within five business days of receipt of the facility administrator's timely request for
819	819	reconsideration of a temporary immediate suspension, the commissioner shall review the request
820	820	for reconsideration. The scope of the review shall be limited solely to the issue of whether the
821	821	temporary immediate suspension order should remain in effect pending the written response to
822	822	commissioner's notice of intent to issue a revocation order.
823	823	The commissioner's disposition of a request for reconsideration of correction, conditional license,
824	824	temporary immediate suspension, or revocation order is final and subject to appeal. The facility
825	825	administrator must request reconsideration as required by this section of any correction, conditional
826	826	license, temporary immediate suspension, or revocation order prior to appeal.
827	827	No later than 60 days after the postmark date of the mailed notice of the commissioner's decision
828	828	on a request for reconsideration, the facility administrator may appeal the decision by filing for a
829	829	writ of certiorari with the court of appeals under section 606.01 and Minnesota Rules of Civil
830	830	Appellate Procedure, Rule 115.
831	831	Subd. 1g.Biennial assessment and audit of security practices; state correctional facilities.(a)
832	832	Beginning in 2022, the commissioner shall have the department's inspection unit conduct biennial
833	833	security audits of each state correctional facility using the standards promulgated by the state
834	834	correctional facilities security audit group. The unit must prepare a report for each assessment and
835	835	audit and submit the report to the state correctional facilities security audit group within 30 days
836	836	of completion of the audit.
837	837	(b) Corrections and detention confidential data, as defined in section 13.85, subdivision 3, and
838	838	nonpublic security information, as defined in section 13.37, subdivision 1, that is contained in
839	839	reports and records of the group maintain that classification, regardless of the data's classification
840	840	in the hands of the person who provided the data, and are not subject to discovery or introduction
841	841	into evidence in a civil or criminal action against the state arising out of the matters the group is
842	842	reviewing. Information, documents, and records otherwise available from other sources are not
843	843	immune from discovery or use in a civil or criminal action solely because they were acquired during
844	844	the group's audit. This section does not limit a person who presented information to the group or
845	845	who is a member of the group from testifying about matters within the person's knowledge. However,
846	846	in a civil or criminal proceeding, a person may not be questioned about the person's good faith
847	847	presentation of information to the group or opinions formed by the person as a result of the group's
848	848	audits.
849	849	Subd. 1h.State correctional facilities security audit group.(a) Beginning in fiscal year 2022,
850	850	the commissioner shall form a state correctional facilities security audit group. The group must
851	851	consist of the following members:
852	852	(1) a Department of Corrections employee who is not assigned to the correctional institutions
853	853	division, appointed by the commissioner;
854	854	(2) the ombudsperson for corrections or a designee;
855	855	5R
856	856	APPENDIX
857	857	Repealed Minnesota Statutes: 25-00498 (3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and appointed
858	858	by the commissioner;
859	859	(4) an individual with expertise in security related to infrastructure and operational logistics of
860	860	correctional facilities who is not required to reside in Minnesota, appointed by the governor;
861	861	(5) the commissioner of health or a designee;
862	862	(6) the commissioner of administration or a designee;
863	863	(7) two senators, one appointed by the senate majority leader and one appointed by the minority
864	864	leader; and
865	865	(8) two representatives, one appointed by the speaker of the house and one appointed by the
866	866	minority leader of the house of representatives.
867	867	(b) The ombudsperson or a designee shall chair the group. The group shall establish security
868	868	audit standards for state correctional facilities. In developing the standards, the group, or individual
869	869	members of the group, may gather information from state correctional facilities and state correctional
870	870	staff and inmates. The security audit group must periodically review the standards and modify them
871	871	as needed. The group must report the standards to the chairs and ranking minority members of the
872	872	house of representatives and senate committees with jurisdiction over public safety policy and
873	873	finance whenever the standards are updated.
874	874	(c) The group shall meet twice a year to review facility audit reports submitted to the group by
875	875	the agency's inspection unit. Notwithstanding any law to the contrary, the group is entitled to review
876	876	the full audit reports including nonpublic security information and corrections and detention
877	877	confidential data. Within 60 days of meeting to review audit reports from the department's inspection
878	878	unit, the group must make recommendations to the commissioner. Within 45 days of receiving the
879	879	group's recommendations, the commissioner must reply in writing to the group's findings and
880	880	recommendations. The commissioner's response must explain whether the agency will implement
881	881	the group's recommendations, the timeline for implementation of the changes, and, if not, why the
882	882	commissioner will not or cannot implement the group's recommendations.
883	883	(d) Beginning in 2023, the commissioner must include a written aggregate of the group's
884	884	recommendations based on each security audit and assessment of a state correctional facility and
885	885	the commissioner's responses to the recommendations in the biennial report required under section
886	886	241.016, subdivision 1. The commissioner shall not include corrections and detention confidential
887	887	data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in
888	888	section 13.37, subdivision 1, in the commissioner's report to the legislature.
889	889	(e) The commissioner shall provide staffing and administrative support to the group.
890	890	(f) The state correctional facilities security audit group is not subject to chapter 13D.
891	891	(g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of
892	892	members of the group are governed by section 15.059. Members of the group serve without
893	893	compensation but shall receive expense reimbursement. Notwithstanding section 15.059, subdivision
894	894	6, the group does not expire.
895	895	Subd. 1i.Definition.As used in this section, "correctional facility" means any facility, including
896	896	a group home, having a residential component, the primary purpose of which is to serve persons
897	897	placed in facilities by a court, court services department, parole authority, or other correctional
898	898	agency having dispositional power over persons charged with, convicted, or adjudicated guilty or
899	899	delinquent.
900	900	Subd. 2.Facilities for delinquent children and youth; licenses; supervision.Notwithstanding
901	901	any provisions in sections 256.01, subdivision 2, paragraph (a), clause (2), 245A.03, and 245A.04,
902	902	and chapter 245C, to the contrary, but subject to the municipality notification requirements of
903	903	subdivision 2a, the commissioner of corrections shall review all county, municipal or other publicly
904	904	established and operated facilities for the detention, care and training of delinquent children and
905	905	youth at least once every biennium, and if such facility conforms to reasonable standards established
906	906	by the commissioner or in the commissioner's judgment is making satisfactory progress toward
907	907	substantial conformity therewith, and the commissioner is satisfied that the interests and well-being
908	908	of children and youth received therein are protected, the commissioner shall grant a license to the
909	909	county, municipality or agency thereof operating such facility. The commissioner may grant licensure
910	910	up to two years. Each such facility shall cooperate with the commissioner to make available all
911	911	facts regarding its operation and services as the commissioner requires to determine its conformance
912	912	to standards and its competence to give the services needed and which it purports to give. Every
913	913	6R
914	914	APPENDIX
915	915	Repealed Minnesota Statutes: 25-00498 such facility as herein described is subject to visitation and supervision by the commissioner and
916	916	shall receive from the commissioner consultation as needed to strengthen services to the children
917	917	and youth received therein.
918	918	Subd. 2a.Affected municipality; notice.The commissioner must not grant a license without
919	919	giving 30 calendar days' written notice to any affected municipality or other political subdivision
920	920	unless the facility has a licensed capacity of six or fewer persons and is occupied by either the
921	921	licensee or the group foster home parents. The notification must be given before the license is first
922	922	granted and annually after that time if annual notification is requested in writing by any affected
923	923	municipality or other political subdivision. State funds must not be made available to or be spent
924	924	by an agency or department of state, county, or municipal government for payment to a foster care
925	925	facility licensed under subdivision 2 until the provisions of this subdivision have been complied
926	926	with in full.
927	927	Subd. 2b.Licensing; facilities; juveniles from outside state.The commissioner may not:
928	928	(1) grant a license under this section to operate a correctional facility for the detention or
929	929	confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota
930	930	without an agreement with the entity placing the juvenile at the facility that obligates the entity to
931	931	pay the educational expenses of the juvenile; or
932	932	(2) renew a license under this section to operate a correctional facility for the detention or
933	933	confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota
934	934	without an agreement with the entity placing the juvenile at the facility that obligates the entity to
935	935	pay the educational expenses of the juvenile.
936	936	Subd. 3.Revocation of license.When after due notice and hearing the commissioner of
937	937	corrections determines that any facility described in subdivision 2 does not substantially conform
938	938	to the reasonable standards therein provided or is not making satisfactory progress toward substantial
939	939	compliance therewith, the commissioner may, with the consent of the judge of the district court,
940	940	issue an order revoking the license of that facility. After revocation of its license, that facility shall
941	941	not be used for the care and training of delinquent children, or for their detention until its license
942	942	is renewed.
943	943	Subd. 6.Background studies.(a) The commissioner of corrections is authorized to do
944	944	background studies on personnel employed by any facility serving children or youth that is licensed
945	945	under this section. The commissioner of corrections shall contract with the commissioner of human
946	946	services to conduct background studies of individuals providing services in secure and nonsecure
947	947	residential facilities and detention facilities who have direct contact, as defined under section
948	948	245C.02, subdivision 11, with persons served in the facilities. A disqualification of an individual
949	949	in this section shall disqualify the individual as provided in chapter 245C.
950	950	(b) A clerk or administrator of any court, the Bureau of Criminal Apprehension, a prosecuting
951	951	attorney, a county sheriff, or a chief of a local police department, shall assist in these studies by
952	952	providing to the commissioner of human services, or the commissioner's representative, all criminal
953	953	conviction data available from local, state, and national criminal history record repositories, including
954	954	the criminal justice data communications network, pertaining to the following individuals: applicants,
955	955	operators, all persons living in the household, and all staff of any facility subject to background
956	956	studies under this subdivision.
957	957	(c) The Department of Human Services shall conduct the background studies required by
958	958	paragraph (a) in compliance with the provisions of chapter 245C. For the purpose of this subdivision,
959	959	the term "secure and nonsecure residential facility and detention facility" shall include programs
960	960	licensed or certified under subdivision 2. The Department of Human Services shall provide necessary
961	961	forms and instructions, shall conduct the necessary background studies of individuals, and shall
962	962	provide notification of the results of the studies to the facilities, individuals, and the commissioner
963	963	of corrections. Individuals shall be disqualified under the provisions of chapter 245C.
964	964	If an individual is disqualified, the Department of Human Services shall notify the facility and
965	965	the individual and shall inform the individual of the right to request a reconsideration of the
966	966	disqualification by submitting the request to the Department of Corrections.
967	967	(d) The commissioner of corrections shall review and decide reconsideration requests, including
968	968	the granting of variances, in accordance with the procedures and criteria contained in chapter 245C.
969	969	The commissioner's decision shall be provided to the individual and to the Department of Human
970	970	Services. The commissioner's decision to grant or deny a reconsideration of disqualification is the
971	971	final administrative agency action.
972	972	7R
973	973	APPENDIX
974	974	Repealed Minnesota Statutes: 25-00498 (e) Facilities described in paragraph (a) shall be responsible for cooperating with the departments
975	975	in implementing the provisions of this subdivision. The responsibilities imposed on applicants and
976	976	licensees under chapters 245A and 245C shall apply to these facilities.
977	977	Subd. 8.Death review teams.In the event a correctional facility receives information of the
978	978	death of an individual while committed to the custody of the facility, regardless of whether the
979	979	death occurred at the facility or after removal from the facility for medical care stemming from an
980	980	incident or need for medical care at the correctional facility, the administrator of the facility,
981	981	minimally including a medical expert of the facility's choosing who did not provide medical services
982	982	to the individual, and, if appropriate, a mental health expert, shall review the circumstances of the
983	983	death and assess for preventable mortality and morbidity, including recommendations for policy
984	984	or procedure change, within 90 days of death. The investigating law enforcement agency may
985	985	provide documentation, participate in, or provide documentation and participate in the review in
986	986	instances where criminal charges were not brought. A preliminary autopsy report must be provided
987	987	as part of the review and any subsequent autopsy findings as available. The facility administrator
988	988	shall provide notice to the commissioner of corrections via the Department of Corrections detention
989	989	information system that the correctional facility has conducted a review and identify any
990	990	recommendations for changes in policy, procedure, or training that will be implemented. Any report
991	991	or other documentation created for purposes of a facility death review is confidential as defined in
992	992	section 13.02, subdivision 3. Nothing in this section relieves the facility administrator from complying
993	993	with the notice of death to the commissioner as required by subdivision 1, paragraph (a).
994	994	8R
995	995	APPENDIX
996	996	Repealed Minnesota Statutes: 25-00498