Minnesota Legislature
HF 1233
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 07:07pm
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A bill for an act
relating to juvenile justice; prohibiting visual inspection of delinquent children
and youth in detention facilities; prohibiting disciplinary room time for delinquent
children and youth in detention facilities; amending Minnesota Statutes 2022,
section 241.021, subdivisions 2a, 2b, by adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 241.021, subdivision 2a, is amended to read:
Subd. 2a.
Affected municipality; notice.
The commissioner must not deleted text begin issuedeleted text end new text begin grantnew text end a
license without giving 30 calendar days' written notice to any affected municipality or other
political subdivision unless the facility has a licensed capacity of six or fewer persons and
is occupied by either the licensee or the group foster home parents. The notification must
be given before the new text begin license is new text end first deleted text begin issuance of a licensedeleted text end new text begin grantednew text end and annually after that time
if annual notification is requested in writing by any affected municipality or other political
subdivision. State funds must not be made available to or be spent by an agency or department
of state, county, or municipal government for payment to a foster care facility licensed under
subdivision 2 until the provisions of this subdivision have been complied with in full.
Sec. 2.
Minnesota Statutes 2022, section 241.021, subdivision 2b, is amended to read:
Subd. 2b.
Licensing; facilities; juveniles from outside state.
The commissioner may
not:
(1) deleted text begin issuedeleted text end new text begin grantnew text end a license under this section to operate a correctional facility for the
detention or confinement of juvenile offenders if the facility accepts juveniles who reside
outside of Minnesota without an agreement with the entity placing the juvenile at the facility
that obligates the entity to pay the educational expenses of the juvenile; or
(2) renew a license under this section to operate a correctional facility for the detention
or confinement of juvenile offenders if the facility accepts juveniles who reside outside of
Minnesota without an agreement with the entity placing the juvenile at the facility that
obligates the entity to pay the educational expenses of the juvenile.
Sec. 3.
Minnesota Statutes 2022, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 2c. new text end
new text begin Searches. new text end
new text begin
The commissioner shall not grant a license to any county,
municipality, or agency to operate a facility for the detention, care, and training of delinquent
children and youth unless the county, municipality, or agency institutes a policy strictly
prohibiting the visual inspection of breasts, buttocks, or genitalia of children and youth
received by the facility except during a health care procedure conducted by a medically
licensed person.
new text end
Sec. 4.
Minnesota Statutes 2022, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 2d. new text end
new text begin Disciplinary room time. new text end
new text begin
The commissioner shall not grant a license to any
county, municipality, or agency to operate a facility for the detention, care, and training of
delinquent children and youth unless the county, municipality, or agency institutes a policy
strictly prohibiting the use of disciplinary room time for children and youth received by the
facility.
new text end