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HF 1465

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 11:00am

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

Current Version - as introduced

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A bill for an act
relating to public safety; permitting a county to use surplus law library money for
court facility costs; eliminating licensing requirements for temporary detention
facilities and detoxification centers; making permissive the appointment of
counsel for a party in a paternity proceeding; authorizing sheriffs to determine
the appropriate level of staff needed to operate county jails; eliminating a report
on interception of electronic and wireless communications, county maintenance
of a detoxification facility, and an administrative rule establishing staffing
requirements for jails; amending Minnesota Statutes 2010, sections 134A.12;
241.021, subdivision 1; 257.69, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 641; repealing Minnesota Statutes 2010, sections
254A.08, subdivisions 1, 2; 256G.06; 626A.17; Minnesota Rules, part 2911.0900.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 134A.12, is amended to read:


134A.12 TAXABLE AS COSTS.

The law library fee is a cost in the action and taxable as such, and is to be allotted
for the support of the library.new text begin If a county has a surplus in its law library fund, the surplus
funds may be allotted for costs relating to court facilities under section 484.77.
new text end

Sec. 2.

Minnesota Statutes 2010, section 241.021, subdivision 1, is amended to read:


Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as
provided in deleted text begin paragraph (b)deleted text end new text begin paragraphs (b) and (g)new text end , the commissioner of corrections shall
inspect and license all correctional facilities throughout the state, whether public or private,
established and operated for the detention and confinement of persons detained or confined
therein according to law except to the extent that they are inspected or licensed by other
state regulating agencies. The commissioner shall promulgate pursuant to chapter 14, rules
establishing minimum standards for these facilities with respect to their management,
operation, physical condition, and the security, safety, health, treatment, and discipline
of persons detained or confined therein. Commencing September 1, 1980, no individual,
corporation, partnership, voluntary association, or other private organization legally
responsible for the operation of a correctional facility may operate the facility unless
licensed by the commissioner of corrections. Private adult correctional facilities shall have
the authority of section 624.714, subdivision 13, if the Department of Corrections licenses
the facility with such authority and the facility meets requirements of section 243.52. The
commissioner shall review the correctional facilities described in this subdivision at least
once every biennium, except as otherwise provided herein, to determine compliance with
the minimum standards established pursuant to this subdivision. The commissioner shall
grant a license to any facility found to conform to minimum standards or to any facility
which, in the commissioner's judgment, is making satisfactory progress toward substantial
conformity and the interests and well-being of the persons detained or confined therein
are protected. The commissioner may grant licensure up to two years. The commissioner
shall have access to the buildings, grounds, books, records, staff, and to persons detained
or confined in these facilities. The commissioner may require the officers in charge of
these facilities to furnish all information and statistics the commissioner deems necessary,
at a time and place designated by the commissioner. The commissioner may require that
any or all such information be provided through the Department of Corrections detention
information system. The education program offered in a correctional facility for the
detention or confinement of juvenile offenders must be approved by the commissioner of
education before the commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning
given it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of
correctional facilities shall, insofar as is possible, ensure that the minimum standards
it requires are substantially the same as those required by other state agencies which
regulate, inspect, or license the same aspects of similar types of correctional facilities,
although at different correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of
corrections' authority to promulgate rules establishing standards of eligibility for counties
to receive funds under sections 401.01 to 401.16, or to require counties to comply with
operating standards the commissioner establishes as a condition precedent for counties
to receive that funding.

(e) When the commissioner finds that any facility described in paragraph (a), except
foster care facilities for delinquent children and youth as provided in subdivision 2, does
not substantially conform to the minimum standards established by the commissioner and
is not making satisfactory progress toward substantial conformance, the commissioner
shall promptly notify the chief executive officer and the governing board of the facility
of the deficiencies and order that they be remedied within a reasonable period of time.
The commissioner may by written order restrict the use of any facility which does not
substantially conform to minimum standards to prohibit the detention of any person
therein for more than 72 hours at one time. When, after due notice and hearing, the
commissioner finds that any facility described in this subdivision, except county jails and
lockups as provided in sections 641.26, 642.10, and 642.11, does not conform to minimum
standards, or is not making satisfactory progress toward substantial compliance therewith,
the commissioner may issue an order revoking the license of that facility. After revocation
of its license, that facility shall not be used until its license is renewed. When the
commissioner is satisfied that satisfactory progress towards substantial compliance with
minimum standard is being made, the commissioner may, at the request of the appropriate
officials of the affected facility supported by a written schedule for compliance, grant an
extension of time for a period not to exceed one year.

(f) As used in this subdivision, "correctional facility" means any facility, including a
group home, having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority, or other
correctional agency having dispositional power over persons charged with, convicted,
or adjudicated to be guilty or delinquent.

new text begin (g) Notwithstanding any law to the contrary, temporary detention facilities
and detoxification centers are not subject to the requirements of this section and the
corresponding rules promulgated by the commissioner.
new text end

Sec. 3.

Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:


Subdivision 1.

Representation by counsel.

In all proceedings under sections
257.51 to 257.74, any party may be represented by counsel. The county attorney shall
represent the public authority. The court deleted text begin shalldeleted text end new text begin maynew text end appoint counsel for a party who is
unable to pay timely for counsel in proceedings under sections 257.51 to 257.74.

Sec. 4.

new text begin [641.055] STAFFING.
new text end

new text begin Notwithstanding any law to the contrary, a sheriff shall staff a county jail in a
manner that promotes public safety, officer safety, and prisoner safety. The commissioner
of corrections may not mandate staffing levels for jails.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2010, sections 254A.08, subdivisions 1 and 2; 256G.06;
and 626A.17,
new text end new text begin are repealed.
new text end

new text begin (b) Minnesota Rules, part 2911.0900, new text end new text begin is repealed.
new text end