SF 4370

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/24/2026 11:03 a.m.

A bill for an act
relating to corrections; clarifying responsibilities of Department of Corrections
licensed juvenile and adult community-based residential correctional facilities;
amending Minnesota Statutes 2024, section 241.021, subdivisions 1f, 1i, 4a;
Minnesota Statutes 2025 Supplement, section 241.021, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 241; repealing Minnesota
Statutes 2024, section 241.021, subdivisions 1g, 1h, 2a, 2b, 3, 6; Minnesota Statutes
2025 Supplement, section 241.021, subdivision 2.

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

Section 1.

new text begin [241.011] LICENSING AND INSPECTING JUVENILE AND ADULT
COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Except as provided under section 241.021, sections 241.011 to
241.013 apply to juvenile and adult community-based residential correctional facilities
licensed by the commissioner of corrections. For the purposes of sections 241.011 to 241.013,
juvenile and adult community-based residential correctional facilities are defined as local
correctional facilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of sections 241.011 to 241.021, the following
terms have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of corrections.
new text end

new text begin (c) "Critical incident" has the meaning given in Minnesota Rules, part 2960.0020, subpart
24.
new text end

new text begin (d) "Department" means the Department of Corrections.
new text end

new text begin (e) "Emergency or unusual occurrence" means an incident that must be reported to the
commissioner through the department's detention information system.
new text end

new text begin (f) "Facility administrator" means the officer in charge of a local correctional facility.
new text end

new text begin (g) "Local correctional facility" includes:
new text end

new text begin (1) a facility licensed to house or serve primarily adults under section 241.31; and
new text end

new text begin (2) a facility licensed to detain or serve juveniles, including a group home having a
residential component or foster care facility placements under chapter 260C, for the primary
purpose of:
new text end

new text begin (i) residential care and treatment;
new text end

new text begin (ii) detention; or
new text end

new text begin (iii) foster care services for children in need of out-of-home placement.
new text end

new text begin (h) "State correctional facility" means a correctional facility under the commissioner's
control.
new text end

new text begin Subd. 3. new text end

new text begin Local correctional facilities; inspection and licensing. new text end

new text begin The commissioner
must inspect and license all local correctional facilities throughout the state established and
operated:
new text end

new text begin (1) for serving or housing individuals in the facilities; or
new text end

new text begin (2) consistent with section 241.013, subdivision 4, paragraph (a), for detaining or serving
juveniles placed in the facilities by a correctional or noncorrectional agency.
new text end

new text begin Subd. 4. new text end

new text begin Inspecting facilities for compliance; publishing inspection reports. new text end

new text begin (a)
Unless the commissioner determines otherwise, the commissioner must inspect all local
correctional facilities at least once every two years to determine compliance with the
minimum standards established according to sections 241.011 to 241.013 or any other law
related to minimum standards and conditions of confinement, not including section 241.021,
subdivisions 1 to 1e.
new text end

new text begin (b) The commissioner must have access to a facility's buildings, grounds, books, records,
and staff and to individuals detained or housed in or served by the facility. The commissioner
may require facility administrators to furnish all information and statistics that the
commissioner deems necessary at a time and place designated by the commissioner.
new text end

new text begin (c) The commissioner must post each facility inspection report publicly on the
department's website within 30 days after completing an inspection.
new text end

new text begin Subd. 5. new text end

new text begin Granting license; expiration. new text end

new text begin (a) The commissioner must grant a license for
up to two years to:
new text end

new text begin (1) any facility found to conform to minimum standards; or
new text end

new text begin (2) any facility that the commissioner determines is making satisfactory progress toward
substantial conformity and any minimum standards not being met do not impact the interests
and well-being of the individuals detained or housed in or served by the facility.
new text end

new text begin (b) A limited license may be issued to effectuate a facility closure.
new text end

new text begin (c) Unless otherwise provided by law, all licenses issued under sections 241.011 to
241.013 expire 12:01 a.m. on the day after the expiration date stated on the license.
new text end

new text begin Subd. 6. new text end

new text begin Providing and accessing facility data. new text end

new text begin (a) The commissioner may require that
any information under sections 241.011 to 241.013 be provided through the department's
detention information system.
new text end

new text begin (b) Notwithstanding chapter 13 or any other state law classifying or restricting access
to data, a facility administrator must furnish to the commissioner all data available to a
facility that the commissioner deems necessary for reviewing any critical incident or
emergency or unusual occurrence at the facility.
new text end

new text begin (c) The commissioner may take action against a facility's license according to section
241.012 if a facility administrator fails to provide or grant access to relevant information
or statistics requested by the commissioner that are necessary to conduct or complete:
new text end

new text begin (1) inspections;
new text end

new text begin (2) reviews of emergency or unusual occurrences; or
new text end

new text begin (3) reviews of critical incidents.
new text end

new text begin Subd. 7. new text end

new text begin Reporting; deaths, emergencies or unusual occurrences, and critical
incidents. new text end

new text begin (a) A facility administrator must report a death to the commissioner when:
new text end

new text begin (1) an individual detained or housed in the facility dies at the facility; or
new text end

new text begin (2) an individual dies while receiving medical care stemming from an incident or need
for medical care at the facility that occurred while the individual was detained or housed in
the facility.
new text end

new text begin (b) Paragraph (a), clause (2), applies regardless of whether the individual was subject
to the facility's authority while requiring or receiving the medical care.
new text end

new text begin (c) A facility administrator must:
new text end

new text begin (1) report a death under this subdivision as soon as practicable, but no later than 24 hours
of receiving knowledge of the death; and
new text end

new text begin (2) include any demographic information required by the commissioner.
new text end

new text begin (d) Except for deaths under paragraphs (a) to (c), all facility administrators must report
all critical incidents or emergency or unusual occurrences to the commissioner within ten
days of the incident or occurrence, including any demographic information required by the
commissioner.
new text end

new text begin Subd. 8. new text end

new text begin Death review teams. new text end

new text begin (a) If a local correctional facility under subdivision 2,
paragraph (g), clause (2), receives notice of the death of an individual who died under
circumstances described in subdivision 7, paragraph (a), within 90 days of the death, the
following individuals must review the circumstances of the death and assess for preventable
mortality and morbidity, including but not limited to recommending policy or procedure
change:
new text end

new text begin (1) the facility administrator;
new text end

new text begin (2) a medical expert of the facility's choosing who did not provide medical services to
the individual and who is licensed as a physician or physician assistant by the Board of
Medical Practice under chapter 147 or 147A; and
new text end

new text begin (3) if appropriate, a mental health expert.
new text end

new text begin (b) The investigating law enforcement agency may provide documentation for, participate
in, or provide documentation for and participate in the review if criminal charges are not
brought. A preliminary autopsy report must be provided as part of the review and any
subsequent autopsy findings as available.
new text end

new text begin (c) The facility administrator must notify the commissioner via the department's detention
information system that the facility has conducted a review and identify any recommendations
for changes in policy, procedure, or training that will be implemented.
new text end

new text begin (d) Any report or other documentation created for purposes of a facility death review is
confidential data on individuals under section 13.02, subdivision 3. Nothing in this section
relieves the facility administrator from complying with the notice of death to the
commissioner required under subdivision 7.
new text end

new text begin Subd. 9. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner must adopt rules establishing minimum
standards for local correctional facilities for the management, operation, and physical
condition of the facilities and the security, safety, health, treatment, and discipline of
individuals detained or housed in or served by the facilities.
new text end

new text begin (b) The time limit to adopt rules under section 14.125 does not apply to amendments to
rule chapters in effect on the effective date of this section.
new text end

Sec. 2.

new text begin [241.012] LICENSING ACTIONS AGAINST JUVENILE AND ADULT
COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Correction order; conditional license. new text end

new text begin (a) For any local correctional
facility under section 241.011, subdivision 2, paragraph (g), the commissioner must:
new text end

new text begin (1) promptly notify the facility administrator and the facility's governing board of a
deficiency if the commissioner finds that:
new text end

new text begin (i) the facility does not substantially conform to the minimum standards established by
the commissioner and is not making satisfactory progress toward substantial conformance;
and
new text end

new text begin (ii) the nonconformance does not present an imminent risk of life-threatening harm or
serious physical injury to the individuals detained or housed in or served by the facility;
and
new text end

new text begin (2) issue a correction order or a conditional license order requiring that the deficiency
be remedied within a reasonable and specified period.
new text end

new text begin (b) A conditional license order may restrict the use of any facility that does not
substantially conform to minimum standards, including by:
new text end

new text begin (1) imposing conditions limiting operation of the facility or parts of the facility;
new text end

new text begin (2) reducing facility capacity;
new text end

new text begin (3) limiting intake;
new text end

new text begin (4) limiting length of detention or placement for individuals; or
new text end

new text begin (5) imposing detention or placement limitations based on the needs of the detained or
housed individuals or individuals served by the facility.
new text end

new text begin (c) A correction order or conditional license order must clearly state:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or statute;
new text end

new text begin (2) the findings that constitute a violation of minimum standards;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) the time allowed to correct each violation; and
new text end

new text begin (5) if a license is made conditional:
new text end

new text begin (i) the length and terms of the conditional license;
new text end

new text begin (ii) any conditions limiting operation of the facility or parts of the facility; and
new text end

new text begin (iii) the reasons for making the license conditional.
new text end

new text begin (d) Nothing in this section prohibits the commissioner from ordering a revocation under
subdivision 3 before issuing a correction order or conditional license order.
new text end

new text begin Subd. 2. new text end

new text begin Requesting review of conditional license order. new text end

new text begin (a) A facility administrator
may request that the commissioner review the findings in a conditional license order under
subdivision 1 on the grounds that satisfactory progress toward substantial compliance with
minimum standards has been made, supported by evidence of correction. If appropriate, the
request may include a written schedule for compliance.
new text end

new text begin (b) Within ten business days of receiving a request, the commissioner must review the
evidence of correction and the progress made toward substantial compliance with minimum
standards.
new text end

new text begin (c) When the commissioner has assurance that satisfactory progress toward substantial
compliance with minimum standards is being made, the commissioner must:
new text end

new text begin (1) modify or lift any conditions limiting operation of the facility or parts of the facility;
or
new text end

new text begin (2) remove the conditional license order.
new text end

new text begin Subd. 3. new text end

new text begin License revocation order. new text end

new text begin (a) After due notice to a facility administrator of
the commissioner's intent to issue a revocation order, the commissioner may issue an order
revoking a facility's license if the commissioner finds that:
new text end

new text begin (1) the facility does not conform to minimum standards or is not making satisfactory
progress toward substantial compliance with minimum standards; and
new text end

new text begin (2) the nonconformance does not present an imminent risk of life-threatening harm or
serious physical injury to the individuals detained or housed in or served by the facility.
new text end

new text begin (b) The notice of intent to issue a revocation order must include:
new text end

new text begin (1) the citation to minimum standards that have been violated;
new text end

new text begin (2) the nature and severity of each violation;
new text end

new text begin (3) whether the violation is recurring or nonrecurring;
new text end

new text begin (4) the effect of the violation on individuals detained or housed in or served by the
facility;
new text end

new text begin (5) an evaluation of the risk of harm to individuals detained or housed in or served by
the facility; and
new text end

new text begin (6) relevant facts, conditions, and circumstances related to the facility's operation,
including, at a minimum:
new text end

new text begin (i) specific facility deficiencies that endanger the health or safety of individuals detained
or housed in or served by the facility;
new text end

new text begin (ii) substantiated complaints relating to the facility; or
new text end

new text begin (iii) any other evidence that the facility is not in compliance with minimum standards.
new text end

new text begin (c) Within 30 days of receiving a notice under paragraph (b), the facility administrator
must submit a written response with:
new text end

new text begin (1) any information related to errors in the notice and the facility's ability to conform to
minimum standards within a set period, including but not limited to a written schedule for
compliance and any other information that the facility administrator deems relevant for the
commissioner's consideration; and
new text end

new text begin (2) a written plan:
new text end

new text begin (i) indicating how the facility will ensure the transfer of individuals detained or housed
in or served by the facility and records if the facility closes; and
new text end

new text begin (ii) specifying arrangements that the facility will make to transfer individuals detained
or housed in or served by the facility to another licensed local correctional facility for
continuation of detention.
new text end

new text begin (d) When revoking a license, the commissioner must consider:
new text end

new text begin (1) the nature, chronicity, or severity of the statute or rule violation; and
new text end

new text begin (2) the effect of the violation on the health, safety, or rights of individuals detained or
housed in or served by the facility.
new text end

new text begin (e) The commissioner must issue a revocation order if the facility administrator does
not respond within 30 days to the notice or if the commissioner does not have assurance
that satisfactory progress toward substantial compliance with minimum standards will be
made. The revocation order must be sent to the facility administrator and the facility's
governing board, clearly stating:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or statute;
new text end

new text begin (2) the findings that constitute a violation of minimum standards and the nature,
chronicity, or severity of the violations;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) any prior correction order or conditional license order issued to correct a violation;
and
new text end

new text begin (5) the date on which the license revocation will occur.
new text end

new text begin (f) A revocation order may authorize facility use until a certain date, not to exceed the
duration of the active license:
new text end

new text begin (1) unless a limited license is issued by the commissioner to effectuate a facility closure;
and
new text end

new text begin (2) if continued operation does not present an imminent risk of life-threatening harm or
is not likely to result in serious physical injury to the individuals detained or housed in or
served by the facility.
new text end

new text begin (g) After a facility's license is revoked, the facility must not be used until the license is
reinstated. When the commissioner is assured that satisfactory progress toward substantial
compliance with minimum standards is being made, the commissioner may, at the request
of the facility administrator supported by a written schedule for compliance, reinstate the
license.
new text end

new text begin Subd. 4. new text end

new text begin Reconsideration orders. new text end

new text begin (a) If a facility administrator believes that a correction
order, conditional license order, or revocation order is in error, the facility administrator
may ask the commissioner to reconsider the parts of the order or action that are alleged to
be in error. The request for reconsideration must:
new text end

new text begin (1) be made in writing;
new text end

new text begin (2) be postmarked and sent to the commissioner within 30 calendar days after receiving
the order;
new text end

new text begin (3) specify the parts of the order or the action that is alleged to be in error;
new text end

new text begin (4) explain why the order or action is in error; and
new text end

new text begin (5) include documentation to support the allegation of error.
new text end

new text begin (b) The commissioner must issue a disposition within 60 days of receiving the facility
administrator's response under paragraph (a). A request for reconsideration does not stay
any provisions or requirements of the order.
new text end

new text begin Subd. 5. new text end

new text begin Temporary immediate license suspension. new text end

new text begin (a) The commissioner must act
immediately to temporarily suspend a license issued under sections 241.011 to 241.013 if:
new text end

new text begin (1) the facility's failure to comply with applicable minimum standards or the conditions
in the facility pose an imminent risk of life-threatening harm or serious physical injury to
individuals detained or housed in or served by the facility, staff, law enforcement, visitors,
or the public and:
new text end

new text begin (i) if the imminent risk of life-threatening harm or serious physical injury cannot be
promptly corrected through a different type of order under this section; and
new text end

new text begin (ii) the facility cannot or has not corrected the violation giving rise to the imminent risk
of life-threatening harm or serious physical injury; or
new text end

new text begin (2) while the facility continues to operate pending due notice and opportunity for written
response to the commissioner's notice of intent to issue a revocation order under subdivision
3, the commissioner identifies one or more subsequent violations of minimum standards
that may adversely affect the health or safety of individuals detained or housed in or served
by the facility, staff, law enforcement, visitors, or the public.
new text end

new text begin (b) A notice stating the reasons for the temporary immediate suspension must be delivered
by personal service to the facility administrator and the facility's governing board.
new text end

new text begin (c) A facility administrator and the facility's governing board must discontinue operating
the facility upon receiving the commissioner's order to immediately suspend the license.
new text end

new text begin Subd. 6. new text end

new text begin Requesting reconsideration of temporary immediate suspension. new text end

new text begin (a) A
facility administrator may request reconsideration of an order immediately suspending a
license. The request for reconsideration must be made in writing and sent by certified mail
or personal service as follows:
new text end

new text begin (1) if mailed, the request for reconsideration must be postmarked and sent to the
commissioner within five business days after the facility administrator receives notice that
the license has been immediately suspended; and
new text end

new text begin (2) if a request is made by personal service, the request must be received by the
commissioner within five business days after the facility administrator received the order.
new text end

new text begin (b) The request for reconsideration must:
new text end

new text begin (1) specify the parts of the order that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin (c) Within five business days of receiving the facility administrator's timely request for
reconsideration, the commissioner must review the request. For a review under subdivision
5, paragraph (a), clause (2), the review must be limited solely to whether the temporary
immediate suspension order should remain in effect pending the written response to the
commissioner's notice of intent to issue a revocation order.
new text end

new text begin Subd. 7. new text end

new text begin Appealing commissioner's reconsideration request. new text end

new text begin (a) The commissioner's
disposition of a request for reconsideration of a correction, conditional license, temporary
immediate suspension, or revocation order is final and subject to appeal. Before a facility
administrator may request an appeal under paragraph (b), the facility administrator must
request reconsideration according to this section of any correction, conditional license,
temporary immediate suspension, or revocation order.
new text end

new text begin (b) Within 60 days after the postmark date of the mailed notice of the commissioner's
decision on a request for reconsideration, the facility administrator may appeal the decision
by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota
Rules of Civil Appellate Procedure, Rule 115.
new text end

new text begin Subd. 8. new text end

new text begin Public notice of restriction, revocation, or suspension. new text end

new text begin If a facility's license
is revoked or suspended under this section, a facility's use is restricted for any reason under
a conditional license order, or a correction order is issued to a facility, the commissioner
must publicly post the following information on the department's website:
new text end

new text begin (1) the facility name;
new text end

new text begin (2) the status of the facility's license;
new text end

new text begin (3) the reason for the correction order, restriction, revocation, or suspension; and
new text end

new text begin (4) any subsequent findings by the commissioner identifying satisfactory progress toward
substantial compliance with minimum standards.
new text end

Sec. 3.

new text begin [241.013] LICENSING AND INSPECTING LOCAL JUVENILE
CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to local juvenile correctional facilities under
section 241.011, subdivision 2, paragraph (g), licensed by the commissioner of corrections
to detain or serve juveniles, including those providing residential or foster care facility
placements under chapter 260C.
new text end

new text begin Subd. 2. new text end

new text begin Facilities for children and youth; inspection and licensing. new text end

new text begin (a)
Notwithstanding any provisions in sections 245A.03; 245A.04; and 256.01, subdivision 2,
paragraph (a), clause (2); and chapter 245C to the contrary, the commissioner must inspect
all local juvenile correctional facilities under section 241.011, subdivision 3, except as
provided under paragraph (c).
new text end

new text begin (b) The commissioner must grant a license for up to two years to a county, municipality,
or facility:
new text end

new text begin (1) according to section 241.011, subdivision 5; and
new text end

new text begin (2) if the commissioner is satisfied that the interests and well-being of children and youth
are protected.
new text end

new text begin (c) For local juvenile correctional facilities licensed by the commissioner of human
services, the commissioner of corrections may inspect and certify programs based on
certification standards under Minnesota Rules. For purposes of this paragraph, "certification"
has the meaning given in section 245A.02.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner consultation. new text end

new text begin Local juvenile correctional facilities must consult
with the commissioner as needed to strengthen services to children and youth.
new text end

new text begin Subd. 4. new text end

new text begin Affected municipality; notice. new text end

new text begin (a) The commissioner must not grant a license
to a local juvenile correctional facility without giving 30 calendar days' written notice to
any affected municipality or other political subdivision unless the facility:
new text end

new text begin (1) has a licensed capacity of six or fewer individuals; and
new text end

new text begin (2) is occupied by either the licensee or a group foster home parent.
new text end

new text begin (b) The notification must be given before the license is first granted and annually
thereafter if annual notification is requested in writing by the affected municipality or other
political subdivision.
new text end

new text begin (c) 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
this section until the requirements under this subdivision have been met.
new text end

new text begin Subd. 5. new text end

new text begin Licensing with juveniles from outside state. new text end

new text begin The commissioner must not issue
or renew a license to a facility under this section to operate a local juvenile correctional
facility if:
new text end

new text begin (1) the facility accepts juveniles who reside outside Minnesota; and
new text end

new text begin (2) there is no agreement with the entity placing the juvenile at the facility that obligates
the entity to pay the juvenile's educational expenses.
new text end

new text begin Subd. 6. new text end

new text begin Licensing actions. new text end

new text begin The licensing actions under section 241.012 apply to a
facility licensed under this section.
new text end

new text begin Subd. 7. new text end

new text begin Education for juveniles. new text end

new text begin Notwithstanding subdivision 1, the education program
offered in a state or local correctional facility for the placement, confinement, or incarceration
of juveniles must be approved by the commissioner of education before the commissioner
of corrections may grant a license to the facility.
new text end

new text begin Subd. 8. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner must adopt rules for local juvenile
correctional facilities according to Laws 1995, chapter 226, article 3, sections 50, 51, and
60, as amended.
new text end

new text begin (b) The time limit to adopt rules under section 14.125 does not apply to amendments to
Minnesota Rules, chapter 2960, in effect on the effective date of this section.
new text end

Sec. 4.

new text begin [241.014] SECURITY AUDITS FOR STATE CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section applies to state correctional facilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Audit group" means the state correctional facilities security audit group under
subdivision 5.
new text end

new text begin (c) "Corrections and detention confidential data" has the meaning given in section 13.85,
subdivision 3.
new text end

new text begin (d) "Security information" has the meaning given in section 13.37, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Biennial report and audit of security practices. new text end

new text begin The department's inspection
unit must conduct biennial security audits of each state correctional facility using the
standards established by the audit group. The inspection unit must:
new text end

new text begin (1) prepare a report for each audit; and
new text end

new text begin (2) submit the report to the audit group within 30 days of completing the audit.
new text end

new text begin Subd. 4. new text end

new text begin Data. new text end

new text begin (a) Corrections and detention confidential data and security information
contained in reports and records of the audit group:
new text end

new text begin (1) must maintain that classification, regardless of the data's classification in the hands
of the person who provided the data; and
new text end

new text begin (2) are not subject to discovery or introduction into evidence in a civil or criminal action
against the state arising out of any matter that the audit group is reviewing.
new text end

new text begin (b) Information, documents, and records otherwise available from other sources are not
immune from discovery or use in a civil or criminal action solely because the information,
documents, and records were acquired during an audit.
new text end

new text begin (c) Nothing in this subdivision limits a person who presented information to the audit
group or who is an audit group member from testifying about matters within the person's
knowledge. In a civil or criminal proceeding, a person must not be questioned about the
person's good faith presentation of information to the audit group or opinions formed by
the person as a result of an audit.
new text end

new text begin Subd. 5. new text end

new text begin State correctional facilities security audit group. new text end

new text begin (a) The commissioner must
form a state correctional facilities security audit group. The audit group must consist of the
following members:
new text end

new text begin (1) a department employee who is not assigned to the correctional institutions division,
appointed by the commissioner;
new text end

new text begin (2) the ombudsperson for corrections or a designee;
new text end

new text begin (3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association,
appointed by the commissioner;
new text end

new text begin (4) an individual with expertise in security related to infrastructure and operational
logistics of correctional facilities who is not required to reside in Minnesota, appointed by
the governor;
new text end

new text begin (5) the commissioner of health or a designee;
new text end

new text begin (6) the commissioner of administration or a designee;
new text end

new text begin (7) two senators, one appointed by the senate majority leader and one appointed by the
senate minority leader; and
new text end

new text begin (8) two representatives, one appointed by the speaker of the house and one appointed
by the minority leader of the house of representatives.
new text end

new text begin (b) The ombudsperson chairs the audit group. The audit group must establish security
audit standards for state correctional facilities. In developing the standards, the audit group,
or individual members of the audit group, may gather information from state correctional
facilities and state correctional staff and inmates. The audit group must:
new text end

new text begin (1) periodically review and modify the standards as needed; and
new text end

new text begin (2) report the standards to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety policy and finance
when the standards are modified.
new text end

new text begin (c) The audit group must meet twice annually to review facility audit reports submitted
to the audit group by the department's inspection unit. Notwithstanding any law to the
contrary, the audit group may review the full audit reports, including but not limited to
corrections and detention confidential data and security information.
new text end

new text begin (d) Within 60 days of meeting to review an audit report from the department's inspection
unit, the audit group must make recommendations to the commissioner. Within 45 days of
receiving the audit group's recommendations, the commissioner must respond in writing to
the audit group's findings and recommendations. The commissioner's response must explain:
new text end

new text begin (1) whether the commissioner will implement the audit group's recommendations;
new text end

new text begin (2) the timeline for implementing the recommendations; and
new text end

new text begin (3) if the commissioner will not implement the recommendations, why the commissioner
will not or cannot implement the recommendations.
new text end

new text begin (e) The commissioner must include a written aggregate of the audit group's
recommendations based on each security audit and assessment of a state correctional facility
and the commissioner's responses to the recommendations in the biennial report under
section 241.016, subdivision 1. The commissioner must not include corrections and detention
confidential data and security information in the commissioner's report.
new text end

new text begin (f) The commissioner must provide staffing and administrative support to the audit
group.
new text end

new text begin Subd. 6. new text end

new text begin Compensation. new text end

new text begin Except as otherwise provided in this subdivision, the terms,
compensation, and removal of audit group members are governed by section 15.059. Audit
group members serve without compensation but may receive expense reimbursement.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 6, the audit group
does not expire.
new text end

new text begin Subd. 8. new text end

new text begin Open meeting law. new text end

new text begin The audit group is not subject to chapter 13D.
new text end

Sec. 5.

Minnesota Statutes 2025 Supplement, section 241.021, subdivision 1, is amended
to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a) deleted text begin Except as provided
in paragraph (b), deleted text end The commissioner of corrections shall inspect and license all deleted text begin correctional
facilities throughout the state deleted text end new text begin jails and lockups under chapters 641 and 642 new text end , whether public
or private, established and operated for the detention and confinement of persons confined
or incarcerated 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 confined or incarcerated therein. These minimum standards shall
include but are not limited to specific guidance pertaining to:

(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated
in correctional facilities with mental illness or substance use disorders;

(2) a policy on the involuntary administration of medications, including a process for
determining on intake whether a Jarvis Order is in place and ensuring it will be followed
during the confinement or incarceration;

(3) suicide prevention plans and training;

(4) verification of medications in a timely manner;

(5) well-being checks;

(6) discharge planning, including providing prescribed medications to persons confined
or incarcerated in correctional facilities upon release;

(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
institution;

(8) use of segregation and mental health checks;

(9) critical incident debriefings;

(10) clinical management of substance use disorders and opioid overdose emergency
procedures;

(11) a policy regarding identification of persons with special needs confined or
incarcerated in correctional facilities;

(12) a policy regarding the use of telehealth;

(13) self-auditing of compliance with minimum standards;

(14) information sharing with medical personnel and when medical assessment must be
facilitated;

(15) a code of conduct policy for facility staff and annual training;

(16) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and

(17) dissemination of a rights statement made available to persons confined or
incarcerated in licensed correctional facilities.

No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless it possesses a current license from 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 the 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 two years, except as otherwise provided, to determine compliance with
the minimum standards established according to this subdivision or other Minnesota statute
related to minimum standards and conditions of confinement.

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 standards not being met do not impact the
interests and well-being of the persons confined or incarcerated in the facility. A limited
license under subdivision 1a may be issued for purposes of effectuating a facility closure.
The commissioner may grant licensure up to two years. Unless otherwise specified by
statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the
expiration date stated on the license.

The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons confined or incarcerated 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. Notwithstanding
chapter 13 or any other state law classifying or restricting access to data, the officers in
charge of these facilities must furnish all data available to the facility that the commissioner
deems necessary to conduct a review of any emergency or unusual occurrence at the facility.
Failure to provide or grant access to relevant information or statistics necessary to fulfill
inspection or emergency or unusual occurrence reviews, as requested by the commissioner,
may be grounds for the commissioner to take action against a correctional facility's license
under subdivision 1a, 1b, or 1c.

All facility administrators of correctional facilities are required to report all deaths of
individuals who died while committed to the custody of the facility, regardless of whether
the death occurred at the facility or after removal from the facility for medical care stemming
from an incident or need for medical care at the correctional facility, as soon as practicable,
but no later than 24 hours of receiving knowledge of the death, including any demographic
information as required by the commissioner.

All facility administrators of correctional facilities are required to report all other
emergency or unusual occurrences as defined by rule, including uses of force by facility
staff that result in substantial bodily harm or suicide attempts, to the commissioner of
corrections within ten days from the occurrence, including any demographic information
as required by the commissioner. The commissioner of corrections shall consult with the
Minnesota Sheriffs' Association and a representative from the Minnesota Association of
Community Corrections Act Counties who is responsible for the operations of an adult
correctional facility to define "use of force" that results in substantial bodily harm for
reporting purposes.

The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. The commissioner shall post each
inspection report publicly and on the department's website within 30 days of completing
the inspection. The education program offered in a correctional facility for the confinement
or incarceration of juvenile offenders must be approved by the commissioner of education
before the commissioner of corrections may grant a license to the facility.

deleted text begin (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.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end 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.

deleted text begin (d) deleted text end new text begin (c) new text end 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 chapter 401, or to require counties to comply with operating standards the
commissioner establishes as a condition precedent for counties to receive that funding.

deleted text begin (e) deleted text end new text begin (d) new text end The department's inspection unit must report directly to a division head outside
of the correctional institutions division.

Sec. 6.

Minnesota Statutes 2024, section 241.021, subdivision 1f, is amended to read:

Subd. 1f.

Report.

By February 15, 2022, and by February 15 each year thereafter, the
commissioner of corrections shall report to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over public
safety and judiciary on the status of the implementation of the provisions in deleted text begin this section deleted text end new text begin
sections 241.011 to 241.021 new text end over the prior year, particularly the health and safety of
individuals confined or incarcerated in deleted text begin a deleted text end new text begin local adult correctional facilities under this section,
local correctional facilities under section 241.011, and new text end state correctional deleted text begin facility and a facility
licensed by the commissioner deleted text end new text begin facilities new text end . This report shall include but not be limited to data
regarding:

(1) the number of confined or incarcerated persons who died while committed to the
custody of the facility, regardless of whether the death occurred at the facility or after
removal from the facility for medical care stemming from an incident or need for medical
care at the correctional facility, including aggregated demographic information and the
correctional facilities' most recent inspection reports and any corrective orders or conditional
licenses deleted text begin issued deleted text end new text begin , revocations, or temporary immediate suspensions new text end ;

(2) the aggregated results of the death reviews by facility as required by subdivision 8 new text begin
or section 241.011, subdivision 8 new text end , including any implemented policy changes;

(3) the number of uses of force by facility staff on persons confined or incarcerated in
the correctional facility, including but not limited to whether those uses of force were
determined to be justified by the facility, for which the commissioner of corrections shall
consult with the Minnesota Sheriffs' Association and a representative from the Minnesota
Association of Community Corrections Act Counties who is responsible for the operations
of an adult correctional facility to develop criteria for reporting and define reportable uses
of force;

(4) the number of suicide attempts, number of people transported to a medical facility,
and number of people placed in segregation;

(5) the number of persons committed to the commissioner of corrections' custody that
the commissioner is housing in facilities licensed under subdivision 1 new text begin and section 241.011 new text end ,
including but not limited to:

(i) aggregated demographic data of those individuals;

(ii) length of time spent housed in a licensed correctional facility; and

(iii) any contracts the Department of Corrections has with correctional facilities to provide
housing; and

(6) summary data from state correctional facilities regarding complaints involving alleged
on-duty staff misconduct, including but not limited to the:

(i) total number of misconduct complaints and investigations;

(ii) total number of complaints by each category of misconduct, as defined by the
commissioner of corrections;

(iii) number of allegations dismissed as unfounded;

(iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
and

(v) number of allegations substantiated, any resulting disciplinary action, and the nature
of the discipline.

Sec. 7.

Minnesota Statutes 2024, section 241.021, subdivision 1i, is amended to read:

Subd. 1i.

Definition.

As used in this section, "correctional facility" means any deleted text begin facility,
including a group home, having a residential component, the primary purpose of which is
to serve persons placed in facilities by a court, court services department, parole authority,
or other correctional agency having dispositional power over persons charged with, convicted,
or adjudicated guilty or delinquent deleted text end new text begin jail or lockup under chapter 641 or 642 new text end .

Sec. 8.

Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:

Subd. 4a.

Substance use disorder treatment programs.

All deleted text begin residential deleted text end substance use
disorder treatment programs operated by the commissioner of corrections to treat deleted text begin adults deleted text end new text begin
individuals new text end committed to the commissioner's custody deleted text begin shall deleted text end new text begin or to treat juveniles in
state-operated juvenile correctional facilities that have a correctional program services
certification per Minnesota Rules, chapter 2960, must new text end comply with the standards mandated
in chapter 245G for treatment programs operated by community-based treatment facilities.
When the commissioners of corrections and human services agree that these established
standards for community-based programs cannot reasonably apply to correctional facilities,
alternative equivalent standards shall be developed by the commissioners and established
through an interagency agreement.

Sec. 9. new text begin RULEMAKING; DEPARTMENT OF CORRECTIONS; LICENSED
JUVENILE FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative and medical separation. new text end

new text begin (a) The notification
requirements in this subdivision apply to juvenile facilities licensed by the commissioner
of corrections under Minnesota Statutes, sections 241.011 to 241.013.
new text end

new text begin (b) A facility's chief administrator must notify the commissioner according to Minnesota
Rules, part 2960.0270, subpart 12, if a resident is expected to be, or has been, in
administrative or medical separation for more than seven days.
new text end

new text begin (c) The notification under paragraph (b) must be within ten days of the resident's
placement, or expected placement, in administrative separation or medical separation for
more than seven days.
new text end

new text begin (d) This subdivision expires when the rules adopted under subdivision 2 are effective.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner of corrections must amend Minnesota
Rules, parts 2960.0740, subpart 3, and 2960.0750, subpart 3, to require notification according
to subdivision 1, paragraphs (b) and (c).
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this subdivision.
new text end

new text begin (c) Notwithstanding Minnesota Laws 1995, chapter 226, article 3, sections 50, 51, and
60, or any other law to the contrary, the joint rulemaking authority with the commissioners
of the Department of Human Services and other state agencies does not apply to rules
adopted under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes must renumber each section of Minnesota Statutes listed in
column A with the number listed in column B.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 241.021, subdivision 4 new text end	new text begin 241.74, subdivision 1 new text end
	new text begin 241.021, subdivision 4a new text end	new text begin 241.39 new text end
	new text begin 241.021, subdivision 4b new text end	new text begin 241.74, subdivision 2, paragraph (a) new text end
	new text begin 241.021, subdivision 4c new text end	new text begin 241.74, subdivision 2, paragraph (b) new text end
	new text begin 241.021, subdivision 4d new text end	new text begin 241.74, subdivision 3 new text end
	new text begin 241.021, subdivision 4e new text end	new text begin 241.254 new text end

new text begin (b) As a result of amendments to Minnesota Statutes, sections 241.011 to 241.021, the
revisor of statutes must work with the Department of Corrections to correct cross-references
in Minnesota Statutes and Minnesota Rules and make other necessary grammatical and
technical changes.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, section 241.021, subdivisions 1g, 1h, 2a, 2b, 3, and 6, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2025 Supplement, section 241.021, subdivision 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S4370-1

241.021 LICENSING AND SUPERVISION OF FACILITIES.

Subd. 1g.

Biennial assessment and audit of security practices; state correctional facilities.

(a) Beginning in 2022, the commissioner shall have the department's inspection unit conduct biennial security audits of each state correctional facility using the standards promulgated by the state correctional facilities security audit group. The unit must prepare a report for each assessment and audit and submit the report to the state correctional facilities security audit group within 30 days of completion of the audit.

(b) Corrections and detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in section 13.37, subdivision 1, that is contained in reports and records of the group maintain that classification, regardless of the data's classification in the hands of the person who provided the data, and are not subject to discovery or introduction into evidence in a civil or criminal action against the state arising out of the matters the group is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were acquired during the group's audit. This section does not limit a person who presented information to the group or who is a member of the group from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person may not be questioned about the person's good faith presentation of information to the group or opinions formed by the person as a result of the group's audits.

Subd. 1h.

State correctional facilities security audit group.

(a) Beginning in fiscal year 2022, the commissioner shall form a state correctional facilities security audit group. The group must consist of the following members:

(1) a Department of Corrections employee who is not assigned to the correctional institutions division, appointed by the commissioner;

(2) the ombudsperson for corrections or a designee;

(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and appointed by the commissioner;

(4) an individual with expertise in security related to infrastructure and operational logistics of correctional facilities who is not required to reside in Minnesota, appointed by the governor;

(5) the commissioner of health or a designee;

(6) the commissioner of administration or a designee;

(7) two senators, one appointed by the senate majority leader and one appointed by the minority leader; and

(8) two representatives, one appointed by the speaker of the house and one appointed by the minority leader of the house of representatives.

(b) The ombudsperson or a designee shall chair the group. The group shall establish security audit standards for state correctional facilities. In developing the standards, the group, or individual members of the group, may gather information from state correctional facilities and state correctional staff and inmates. The security audit group must periodically review the standards and modify them as needed. The group must report the standards to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety policy and finance whenever the standards are updated.

(c) The group shall meet twice a year to review facility audit reports submitted to the group by the agency's inspection unit. Notwithstanding any law to the contrary, the group is entitled to review the full audit reports including nonpublic security information and corrections and detention confidential data. Within 60 days of meeting to review audit reports from the department's inspection unit, the group must make recommendations to the commissioner. Within 45 days of receiving the group's recommendations, the commissioner must reply in writing to the group's findings and recommendations. The commissioner's response must explain whether the agency will implement the group's recommendations, the timeline for implementation of the changes, and, if not, why the commissioner will not or cannot implement the group's recommendations.

(d) Beginning in 2023, the commissioner must include a written aggregate of the group's recommendations based on each security audit and assessment of a state correctional facility and the commissioner's responses to the recommendations in the biennial report required under section 241.016, subdivision 1. The commissioner shall not include corrections and detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in section 13.37, subdivision 1, in the commissioner's report to the legislature.

(e) The commissioner shall provide staffing and administrative support to the group.

(f) The state correctional facilities security audit group is not subject to chapter 13D.

(g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of members of the group are governed by section 15.059. Members of the group serve without compensation but shall receive expense reimbursement. Notwithstanding section 15.059, subdivision 6, the group does not expire.

Subd. 2.

Facilities for delinquent children and youth; licenses; supervision.

Notwithstanding any provisions in sections 142B.05; 142B.10; 245A.03; 245A.04; and 256.01, subdivision 2, paragraph (a), clause (2), and chapter 245C to the contrary, but subject to the municipality notification requirements of subdivision 2a, the commissioner of corrections shall review all county, municipal, or other publicly established and operated facilities for the detention, care and training of delinquent children and youth at least once every biennium, and if such facility conforms to reasonable standards established by the commissioner or in the commissioner's judgment is making satisfactory progress toward substantial conformity therewith, and the commissioner is satisfied that the interests and well-being of children and youth received therein are protected, the commissioner shall grant a license to the county, municipality or agency thereof operating such facility. The commissioner may grant licensure up to two years. Each such facility shall cooperate with the commissioner to make available all facts regarding its operation and services as the commissioner requires to determine its conformance to standards and its competence to give the services needed and which it purports to give. Every such facility as herein described is subject to visitation and supervision by the commissioner and shall receive from the commissioner consultation as needed to strengthen services to the children and youth received therein.

Subd. 2a.

Affected municipality; notice.

The commissioner must not grant 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 license is first granted 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.

Subd. 2b.

Licensing; facilities; juveniles from outside state.

The commissioner may not:

(1) grant 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.

Subd. 3.

Revocation of license.

When after due notice and hearing the commissioner of corrections determines that any facility described in subdivision 2 does not substantially conform to the reasonable standards therein provided or is not making satisfactory progress toward substantial compliance therewith, the commissioner may, with the consent of the judge of the district court, issue an order revoking the license of that facility. After revocation of its license, that facility shall not be used for the care and training of delinquent children, or for their detention until its license is renewed.

Subd. 6.

Background studies.

(a) The commissioner of corrections is authorized to do background studies on personnel employed by any facility serving children or youth that is licensed under this section. The commissioner of corrections shall contract with the commissioner of human services to conduct background studies of individuals providing services in secure and nonsecure residential facilities and detention facilities who have direct contact, as defined under section 245C.02, subdivision 11, with persons served in the facilities. A disqualification of an individual in this section shall disqualify the individual as provided in chapter 245C.

(b) A clerk or administrator of any court, the Bureau of Criminal Apprehension, a prosecuting attorney, a county sheriff, or a chief of a local police department, shall assist in these studies by providing to the commissioner of human services, or the commissioner's representative, all criminal conviction data available from local, state, and national criminal history record repositories, including the criminal justice data communications network, pertaining to the following individuals: applicants, operators, all persons living in the household, and all staff of any facility subject to background studies under this subdivision.

(c) The Department of Human Services shall conduct the background studies required by paragraph (a) in compliance with the provisions of chapter 245C. For the purpose of this subdivision, the term "secure and nonsecure residential facility and detention facility" shall include programs licensed or certified under subdivision 2. The Department of Human Services shall provide necessary forms and instructions, shall conduct the necessary background studies of individuals, and shall provide notification of the results of the studies to the facilities, individuals, and the commissioner of corrections. Individuals shall be disqualified under the provisions of chapter 245C.

If an individual is disqualified, the Department of Human Services shall notify the facility and the individual and shall inform the individual of the right to request a reconsideration of the disqualification by submitting the request to the Department of Corrections.

(d) The commissioner of corrections shall review and decide reconsideration requests, including the granting of variances, in accordance with the procedures and criteria contained in chapter 245C. The commissioner's decision shall be provided to the individual and to the Department of Human Services. The commissioner's decision to grant or deny a reconsideration of disqualification is the final administrative agency action.

(e) Facilities described in paragraph (a) shall be responsible for cooperating with the departments in implementing the provisions of this subdivision. The responsibilities imposed on applicants and licensees under chapters 245A and 245C shall apply to these facilities.