as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to municipal zoning; limiting the authority 1.3 of the commissioner of human services to license 1.4 juvenile sex offender residential programs; providing 1.5 for a community's right to know with respect to the 1.6 siting of facilities; amending Minnesota Statutes 1.7 1994, sections 245A.02, subdivision 14; 245A.04, 1.8 subdivision 7; and 462.357, subdivision 7, and by 1.9 adding a subdivision. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. Minnesota Statutes 1994, section 245A.02, 1.12 subdivision 14, is amended to read: 1.13 Subd. 14. [RESIDENTIAL PROGRAM.] "Residential program" 1.14 means a program that provides 24-hour-a-day care, supervision, 1.15 food, lodging, rehabilitation, training, education, 1.16 habilitation, or treatment outside a person's own home, 1.17 including a nursing home or hospital that receives public funds, 1.18 administered by the commissioner, to provide services for five 1.19 or more persons whose primary diagnosis is mental retardation or 1.20 a related condition or mental illness and who do not have a 1.21 significant physical or medical problem that necessitates 1.22 nursing home care; a program in an intermediate care facility 1.23 for four or more persons with mental retardation or a related 1.24 condition; a nursing home or hospital that was licensed by the 1.25 commissioner on July 1, 1987, to provide a program for persons 1.26 with a physical handicap that is not the result of the normal 1.27 aging process and considered to be a chronic condition; and 2.1 chemical dependency or chemical abuse programs that are located 2.2 in a hospital or nursing home and receive public funds for 2.3 providing chemical abuse or chemical dependency treatment 2.4 services under chapter 254B. Residential programs include home 2.5 and community-based services for persons with mental retardation 2.6 or a related condition that are provided in or outside of a 2.7 person's own home. "Residential program" does not mean a 2.8 facility whose primary purpose is to treat juveniles who have 2.9 violated criminal statutes relating to sex offenses or who have 2.10 been adjudicated delinquent on the basis of conduct in violation 2.11 of criminal statutes relating to sex offenses. 2.12 Sec. 2. Minnesota Statutes 1994, section 245A.04, 2.13 subdivision 7, is amended to read: 2.14 Subd. 7. [ISSUANCE OF A LICENSE; PROVISIONAL LICENSE.] (a) 2.15 If the commissioner determines that the program complies with 2.16 all applicable rules and laws, the commissioner shall issue a 2.17 license. At minimum, the license shall state: 2.18 (1) the name of the license holder; 2.19 (2) the address of the program; 2.20 (3) the effective date and expiration date of the license; 2.21 (4) the type of license; 2.22 (5) the maximum number and ages of persons that may receive 2.23 services from the program; and 2.24 (6) any special conditions of licensure. 2.25 (b) The commissioner may issue a provisional license for a 2.26 period not to exceed one year if: 2.27 (1) the commissioner is unable to conduct the evaluation or 2.28 observation required by subdivision 4, paragraph (a), clauses (3) 2.29 and (4), because the program is not yet operational; 2.30 (2) certain records and documents are not available because 2.31 persons are not yet receiving services from the program; and 2.32 (3) the applicant complies with applicable laws and rules 2.33 in all other respects. 2.34 A provisional license must not be issued except at the time that 2.35 a license is first issued to an applicant. 2.36 A license shall not be transferable to another individual, 3.1 corporation, partnership, voluntary association, other 3.2 organization, or controlling individual, or to another 3.3 location. All licenses expire at 12:01 a.m. on the day after 3.4 the expiration date stated on the license. A license holder 3.5 must apply for and be granted a new license to operate the 3.6 program or the program must not be operated after the expiration 3.7 date. 3.8 The commissioner may not issue a license to a residential 3.9 program whose primary purpose is to treat juveniles who have 3.10 violated criminal statutes or been adjudicated delinquent on the 3.11 basis of conduct in violation of criminal statutes relating to 3.12 sex offenses. 3.13 Sec. 3. Minnesota Statutes 1994, section 462.357, 3.14 subdivision 7, is amended to read: 3.15 Subd. 7. [PERMITTED SINGLE FAMILY USE.] A state licensed 3.16 residential facility serving six or fewer persons, a licensed 3.17 day care facility serving 12 or fewer persons, and a group 3.18 family day care facility licensed under Minnesota Rules, parts 3.19 9502.0315 to 9502.0445 to serve 14 or fewer children shall be 3.20 considered a permitted single family residential use of property 3.21 for the purposes of zoning, except that a residential facility 3.22 whose primary purpose is to treat juveniles who have violated 3.23 criminal statutes relating to sex offenses or have been 3.24 adjudicated delinquent on the basis of conduct in violation of 3.25 criminal statutes relating to sex offenses shall not be 3.26 considered a permitted use. 3.27 Sec. 4. Minnesota Statutes 1994, section 462.357, is 3.28 amended by adding a subdivision to read: 3.29 Subd. 7a. [PUBLIC HEARING.] Prior to granting a 3.30 conditional use permit or otherwise allowing for the siting of a 3.31 residential facility or program designed primarily to serve 3.32 juveniles who have violated criminal statutes or been 3.33 adjudicated delinquent on the basis of conduct in violation of 3.34 criminal statutes relating to sex offenses, the city shall hold 3.35 a public hearing. Prior to the public hearing, the city shall 3.36 provide notice to the public, police department officials, and 4.1 school officials who reside or serve population within 2,640 4.2 feet of the facility. At the public hearing, the proposer of 4.3 the program or facility shall provide general information about 4.4 the types of crimes committed by the prospective residents of 4.5 the facility or users of the program. 4.6 Sec. 5. [EFFECTIVE DATE.] 4.7 Sections 1 to 4 are effective the day after final enactment. 4.8 Licenses issued prior to that date remain in effect but may not 4.9 be renewed.