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HF 1233

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/27/2023 04:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/02/2023
1st Engrossment Posted on 03/27/2023

Current Version - 1st Engrossment

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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 discipline by physically or socially
isolating delinquent children and youth in detention facilities; providing for reports;
providing for rulemaking; amending Minnesota Statutes 2022, section 241.021,
subdivisions 2a, 2b; proposing coding for new law in Minnesota Statutes, chapter
241.

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.

new text begin [241.0215] JUVENILE DETENTION FACILITIES; RESTRICTIONS ON
STRIP SEARCHES AND DISCIPLINE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to juvenile facilities licensed by the
commissioner of corrections under section 241.021, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the meanings
given.
new text end

new text begin (b) "Health care professional" means an individual who is licensed or permitted by a
Minnesota health-related licensing board, as defined in section 214.01, subdivision 2, to
perform health care services in Minnesota within the professional's scope of practice.
new text end

new text begin (c) "Strip search" means a visual inspection of a juvenile's unclothed breasts, buttocks,
or genitalia.
new text end

new text begin Subd. 3. new text end

new text begin Searches restricted. new text end

new text begin (a) A staff person working in a facility may not conduct
a strip search unless:
new text end

new text begin (1) a specific, articulable, and immediate contraband concern is present;
new text end

new text begin (2) other search techniques and technology cannot be used or have failed to identify the
contraband; and
new text end

new text begin (3) the facility's chief administrator or designee has reviewed the situation and approved
the strip search.
new text end

new text begin (b) A strip search must be conducted by:
new text end

new text begin (1) a health care professional; or
new text end

new text begin (2) a staff person working in a facility who has received training on trauma-informed
search techniques and other applicable training under Minnesota Rules, chapter 2960.
new text end

new text begin (c) A strip search must be documented in writing and describe the contraband concern,
summarize other inspection techniques used or considered, and verify the approval from
the facility's chief administrator or, in the temporary absence of the chief administrator, the
staff person designated as the person in charge of the facility. A copy of the documentation
must be provided to the commissioner within 24 hours of the strip search.
new text end

new text begin (d) Nothing in this section prohibits or limits a strip search as part of a health care
procedure conducted by a health care professional.
new text end

new text begin Subd. 4. new text end

new text begin Discipline restricted. new text end

new text begin (a) A staff person working in a facility may not discipline
a juvenile by physically or socially isolating the juvenile.
new text end

new text begin (b) Nothing in this subdivision restricts a facility from isolating a juvenile for the
juvenile's safety, staff safety, or the safety of other facility residents when the isolation is
consistent with rules adopted by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner action. new text end

new text begin The commissioner may take any action authorized under
section 241.021, subdivisions 2 and 3, to address a violation of this section.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin (a) By February 15 each year, the commissioner must report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over public safety finance and policy on the use of strip searches and isolation.
new text end

new text begin (b) The report must consist of summary data from the previous calendar year and must,
at a minimum, include:
new text end

new text begin (1) how often strip searches were performed;
new text end

new text begin (2) how often juveniles were isolated;
new text end

new text begin (3) the length of each period of isolation used and, for juveniles isolated in the previous
year, the total cumulative amount of time that the juvenile was isolated that year; and
new text end

new text begin (4) any injury to a juvenile related to a strip search or isolation, or both, that was
reportable as a critical incident.
new text end

new text begin (c) Data in the report must provide information on the demographics of juveniles who
were subject to a strip search and juveniles who were isolated. At a minimum, data must
be disaggregated by age, race, and gender.
new text end

new text begin (d) The report must identify any facility that performed a strip search or used isolation,
or both, in a manner that did not comply with this section or rules adopted by the
commissioner in conformity with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 4. new text begin REVISED FACILITY PLANS.
new text end

new text begin The commissioner of corrections must direct any juvenile facility licensed by the
commissioner to revise its plan under Minnesota Rules, part 2960.0270, subpart 6, and its
restrictive-procedures plan under Minnesota Rules, part 2960.0710, subpart 2, to be consistent
with Minnesota Statutes, section 241.0215. After receiving notice from the commissioner,
a facility must submit the revised plans to the commissioner within 60 days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 5. new text begin RULEMAKING.
new text end

new text begin (a) The commissioner of corrections must amend Minnesota Rules, chapter 2960, to
enforce the requirements under Minnesota Statutes, section 241.0215, including but not
limited to training, facility audits, strip searches, disciplinary room time, time-outs, and
seclusion. The commissioner may amend the rules to make technical changes and ensure
consistency with Minnesota Statutes, section 241.0215.
new text end

new text begin (b) In amending or adopting rules according to paragraph (a), the commissioner must
use the exempt rulemaking process under Minnesota Statutes, section 14.386.
Notwithstanding Minnesota Statutes, section 14.386, paragraph (b), a rule adopted under
this section is permanent. After the rule is adopted, the authorization to use the exempt
rulemaking process expires.
new text end

new text begin (c) Notwithstanding Laws 1995, chapter 226, article 3, sections 50, 51, and 60, or any
other law to the contrary, the joint rulemaking authority with the commissioner of human
services does not apply to rule amendments applicable only to the Department of Corrections.
A rule that is amending jointly administered rule parts must be related to requirements on
strip searches, disciplinary room time, time-outs, and seclusion and be necessary for
consistency with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end