SF 755

as introduced - 89th Legislature (2015 - 2016) Posted on 03/26/2015 09:12am

A bill for an act
relating to corrections; prohibiting the licensure of private prisons in Minnesota
while providing an exception; amending Minnesota Statutes 2014, section
241.021, subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 241.021, subdivision 1, is amended to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as provided
in paragraph (b), 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. new text begin Except as provided in subdivision 1a, new text end 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 EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2014, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Moratorium on licenses for private prisons. new text end

new text begin (a) Except as provided
in paragraph (b), the commissioner may not license or relicense a privately owned and
operated correctional facility.
new text end

new text begin (b) The prohibition in paragraph (a) does not apply to a privately owned and
operated correctional facility located in Appleton, Minnesota, constructed before the
effective date of this section.
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