1.1                          A bill for an act 
  1.2             relating to juveniles; providing a moratorium on 
  1.3             licensing of certain juvenile facilities; requesting a 
  1.4             juvenile placement study. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [LICENSING MORATORIUM; JUVENILE FACILITIES.] 
  1.7      Subdivision 1.  [MORATORIUM; COMMISSIONER OF 
  1.8   CORRECTIONS.] Except as provided in subdivision 4, the 
  1.9   commissioner of corrections may not: 
  1.10     (1) issue any license under section 241.021 to operate a 
  1.11  new correctional facility for the detention or confinement of 
  1.12  juvenile offenders that will include more than 25 beds for 
  1.13  juveniles; or 
  1.14     (2) renew a license under section 241.021 to operate a 
  1.15  correctional facility licensed before the effective date of this 
  1.16  moratorium, for the detention or confinement of juvenile 
  1.17  offenders, if the number of beds in the facility will increase 
  1.18  by more than 25 beds since the time the most recent license was 
  1.19  issued. 
  1.20     Subd. 2.  [MORATORIUM; COMMISSIONER OF HUMAN 
  1.21  SERVICES.] Except as provided in subdivision 4, the commissioner 
  1.22  of human services may not: 
  1.23     (1) issue any license under Minnesota Rules, parts 
  1.24  9545.0905 to 9545.1125, for the residential placement of 
  1.25  juveniles at a facility that will include more than 25 beds for 
  2.1   juveniles; or 
  2.2      (2) renew a license under Minnesota Rules, parts 9545.0905 
  2.3   to 9545.1125, for the residential placement of juveniles at a 
  2.4   facility licensed before the effective date of this moratorium, 
  2.5   if the number of beds in the facility will increase by more than 
  2.6   25 beds since the time the most recent license was issued. 
  2.7      Subd. 3.  [MORATORIUM; OTHER BEDS.] Except as provided in 
  2.8   subdivision 4, no state agency may: 
  2.9      (1) issue a license for any new facility that will provide 
  2.10  an out-of-home placement for more than 25 juveniles at one time; 
  2.11  or 
  2.12     (2) renew a license for any existing facility licensed 
  2.13  before the effective date of this moratorium, if the number of 
  2.14  beds in the facility will increase by more than 25 beds since 
  2.15  the time the most recent license was issued.  
  2.16     For the purposes of this subdivision, "juvenile" means a 
  2.17  delinquent child, as defined in section 260.015, subdivision 5; 
  2.18  a juvenile petty offender, as defined in section 260.015, 
  2.19  subdivision 21; or a child in need of protection or services, as 
  2.20  defined in section 260.015, subdivision 2a. 
  2.21     Subd. 4.  [EXEMPTIONS.] The moratorium in this section does 
  2.22  not apply to: 
  2.23     (1) any secure juvenile detention and treatment facility, 
  2.24  which is funded in part through a grant under Laws 1994, chapter 
  2.25  643, section 79; 
  2.26     (2) the department of corrections' facilities at Red Wing 
  2.27  and Sauk Centre; 
  2.28     (3) the proposed department of corrections' facility at 
  2.29  Camp Ripley; 
  2.30     (4) any facility that submitted a formal request for 
  2.31  licensure under section 241.021 before December 31, 1997; and 
  2.32     (5) any residential academy receiving state funding for 
  2.33  fiscal year 1998 or 1999 for capital improvements. 
  2.34     Subd. 5.  [MORATORIUM; LENGTH.] The moratorium in this 
  2.35  section stays in effect until June 30, 1999. 
  2.36     Sec. 2.  [JUVENILE PLACEMENT STUDY.] 
  3.1      The legislative audit commission is requested to direct the 
  3.2   legislative auditor to conduct a study of juvenile out-of-home 
  3.3   placements.  The study must include: 
  3.4      (1) an evaluation of existing placements for juveniles, 
  3.5   including, but not limited to, the number of beds at each 
  3.6   facility, the average number of beds occupied each day at each 
  3.7   facility, and the location of each facility, and an analysis of 
  3.8   the projected need for an increased number of beds for juvenile 
  3.9   out-of-home placements, including the geographic area where beds 
  3.10  will be needed; 
  3.11     (2) an evaluation of existing services and programming 
  3.12  provided in juvenile out-of-home placements and an assessment of 
  3.13  the types of services and programming that are needed in 
  3.14  juvenile out-of-home placements, by geographic area; 
  3.15     (3) an evaluation of the utilization of continuum of care; 
  3.16     (4) an assessment of the reasons why juveniles are placed 
  3.17  outside their homes; 
  3.18     (5) a summary of the demographics of juveniles placed 
  3.19  outside their homes, by county, including information on race, 
  3.20  gender, age, and other relevant factors; 
  3.21     (6) a summary of the geographic distance between the 
  3.22  juvenile's home and the location of the out-of-home placement, 
  3.23  including observations for the reasons a juvenile was placed at 
  3.24  a particular location; 
  3.25     (7) a determination of the average length of time that a 
  3.26  juvenile in Minnesota spends in an out-of-home placement and a 
  3.27  determination of the average length of time that a juvenile 
  3.28  spends in each type of out-of-home placement, including, but not 
  3.29  limited to, residential treatment centers, correctional 
  3.30  facilities, and group homes; 
  3.31     (8) a determination of the completion rates of juveniles 
  3.32  participating in programming in out-of-home placements and an 
  3.33  analysis of the reasons for noncompletion of programming; 
  3.34     (9) a determination of the percentage of juveniles whose 
  3.35  out-of-home placement ends due to the juvenile's failure to meet 
  3.36  the rules and conditions of the out-of-home placement and an 
  4.1   analysis of the reasons the juvenile failed; 
  4.2      (10) an analysis of the effectiveness of the juvenile 
  4.3   out-of-home placement, including information on recidivism, 
  4.4   where applicable, and the child's performance after returning to 
  4.5   the child's home; 
  4.6      (11) an estimate of the cost each county spends on juvenile 
  4.7   out-of-home placements; 
  4.8      (12) a description and examination of the per diem 
  4.9   components per offender at state, local, and private facilities 
  4.10  providing placements for juveniles; and 
  4.11     (13) other issues that may affect juvenile out-of-home 
  4.12  placements. 
  4.13     If the commission directs the auditor to conduct this 
  4.14  study, the auditor shall report its findings to the chairs of 
  4.15  the house and senate committees and divisions with jurisdiction 
  4.16  over criminal justice policy and funding by January 15, 1999. 
  4.17     Sec. 3.  [EFFECTIVE DATE.] 
  4.18     Sections 1 and 2 are effective the day following final 
  4.19  enactment.