SF 1413

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; requiring the commissioner of 
  1.3             corrections to contract with the commissioner of human 
  1.4             services for background studies of individuals 
  1.5             providing services in secure and nonsecure juvenile 
  1.6             residential and detention facilities; amending 
  1.7             Minnesota Statutes 2000, section 241.021, subdivision 
  1.8             6. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 241.021, 
  1.11  subdivision 6, is amended to read: 
  1.12     Subd. 6.  [BACKGROUND STUDIES.] (a) The commissioner of 
  1.13  corrections is authorized to do background studies on personnel 
  1.14  employed by any facility serving children or youth that is 
  1.15  licensed under this section.  The commissioner of corrections 
  1.16  shall contract with the commissioner of human services to 
  1.17  conduct background studies of individuals providing services in 
  1.18  secure and nonsecure residential facilities and detention 
  1.19  facilities who have direct contact, as defined under section 
  1.20  245A.04, subdivision 3, with persons served in the facilities.  
  1.21  A disqualification of an individual in this section shall 
  1.22  disqualify the individual from positions allowing direct contact 
  1.23  or access to persons and residents receiving services in 
  1.24  programs licensed by the departments of health and human 
  1.25  services.  
  1.26     (b) A clerk or administrator of any court, the bureau of 
  1.27  criminal apprehension, a prosecuting attorney, a county sheriff, 
  2.1   or a chief of a local police department, shall assist in these 
  2.2   studies by providing to the commissioner of human services, or 
  2.3   the commissioner's representative, all criminal conviction data 
  2.4   available from local, state, and national criminal history 
  2.5   record repositories, including the criminal justice data 
  2.6   communications network, pertaining to the following individuals: 
  2.7   applicants, operators, all persons living in the household, and 
  2.8   all staff of any facility subject to background studies under 
  2.9   this subdivision.  
  2.10     (c) The department of human services shall conduct the 
  2.11  background studies required by paragraph (a) in compliance with 
  2.12  the provisions of chapter 245A.  For the purpose of this 
  2.13  subdivision, the term "secure and nonsecure residential facility 
  2.14  and detention facility" shall include programs licensed or 
  2.15  certified under subdivision 2.  The department of human services 
  2.16  shall provide necessary forms and instructions, shall conduct 
  2.17  the necessary background studies of individuals, and shall 
  2.18  provide notification of the results of the studies to the 
  2.19  facilities, individuals, and the commissioner of corrections.  
  2.20  Individuals shall be disqualified under the provisions of 
  2.21  chapter 245A. 
  2.22     If an individual is disqualified, the department of human 
  2.23  services shall notify the facility and the individual and shall 
  2.24  inform the individual of the right to request a reconsideration 
  2.25  of the disqualification by submitting the request to the 
  2.26  department of corrections. 
  2.27     (d) The commissioner of corrections shall review and decide 
  2.28  reconsideration requests, including the granting of variances, 
  2.29  in accordance with the procedures and criteria contained in 
  2.30  chapter 245A.  The commissioner's decision shall be provided to 
  2.31  the individual and to the department of human services.  The 
  2.32  commissioner's decision to grant or deny a reconsideration of 
  2.33  disqualification is the final administrative agency action. 
  2.34     (e) Facilities described in paragraph (a) shall be 
  2.35  responsible for cooperating with the departments in implementing 
  2.36  the provisions of this subdivision.  The responsibilities 
  3.1   imposed on applicants and licensees under chapter 245A shall 
  3.2   apply to these facilities.  The provisions of section 245A.04, 
  3.3   subdivision 3, paragraph (e), shall apply to applicants, 
  3.4   licensees, and individuals.