SF 2560

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to corrections; placing conditions on the 
  1.3             licensure of new juvenile facilities; amending 
  1.4             Minnesota Statutes 1996, section 241.021, subdivision 
  1.5             1; proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 241. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 241.021, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
  1.11  INSTITUTIONS.] (1) The commissioner of corrections shall inspect 
  1.12  and license all correctional facilities throughout the state, 
  1.13  whether public or private, established and operated for the 
  1.14  detention and confinement of persons detained or confined 
  1.15  therein according to law except to the extent that they are 
  1.16  inspected or licensed by other state regulating agencies.  The 
  1.17  commissioner shall promulgate pursuant to chapter 14, rules 
  1.18  establishing minimum standards for these facilities with respect 
  1.19  to their management, operation, physical condition, and the 
  1.20  security, safety, health, treatment, and discipline of persons 
  1.21  detained or confined therein.  Commencing September 1, 1980, no 
  1.22  individual, corporation, partnership, voluntary association, or 
  1.23  other private organization legally responsible for the operation 
  1.24  of a correctional facility may operate the facility unless 
  1.25  licensed by the commissioner of corrections.  The commissioner 
  1.26  shall review the correctional facilities described in this 
  2.1   subdivision at least once every biennium, except as otherwise 
  2.2   provided herein, to determine compliance with the minimum 
  2.3   standards established pursuant to this subdivision.  Except as 
  2.4   provided in section 241.0215, the commissioner shall grant a 
  2.5   license to any facility found to conform to minimum standards or 
  2.6   to any facility which, in the commissioner's judgment, is making 
  2.7   satisfactory progress toward substantial conformity and the 
  2.8   interests and well-being of the persons detained or confined 
  2.9   therein are protected.  The commissioner may grant licensure up 
  2.10  to two years.  The commissioner shall have access to the 
  2.11  buildings, grounds, books, records, staff, and to persons 
  2.12  detained or confined in these facilities.  The commissioner may 
  2.13  require the officers in charge of these facilities to furnish 
  2.14  all information and statistics the commissioner deems necessary, 
  2.15  at a time and place designated by the commissioner.  The 
  2.16  commissioner may require that any or all such information be 
  2.17  provided through the department of corrections detention 
  2.18  information system.  
  2.19     (2) Any state agency which regulates, inspects, or licenses 
  2.20  certain aspects of correctional facilities shall, insofar as is 
  2.21  possible, ensure that the minimum standards it requires are 
  2.22  substantially the same as those required by other state agencies 
  2.23  which regulate, inspect, or license the same aspects of similar 
  2.24  types of correctional facilities, although at different 
  2.25  correctional facilities. 
  2.26     (3) Nothing in this section shall be construed to limit the 
  2.27  commissioner of corrections' authority to promulgate rules 
  2.28  establishing standards of eligibility for counties to receive 
  2.29  funds under sections 401.01 to 401.16, or to require counties to 
  2.30  comply with operating standards the commissioner establishes as 
  2.31  a condition precedent for counties to receive that funding. 
  2.32     (4) When the commissioner finds that any facility described 
  2.33  in clause (1), except foster care facilities for delinquent 
  2.34  children and youth as provided in subdivision 2, does not 
  2.35  substantially conform to the minimum standards established by 
  2.36  the commissioner and is not making satisfactory progress toward 
  3.1   substantial conformance, the commissioner shall promptly notify 
  3.2   the chief executive officer and the governing board of the 
  3.3   facility of the deficiencies and order that they be remedied 
  3.4   within a reasonable period of time.  The commissioner may by 
  3.5   written order restrict the use of any facility which does not 
  3.6   substantially conform to minimum standards to prohibit the 
  3.7   detention of any person therein for more than 72 hours at one 
  3.8   time.  When, after due notice and hearing, the commissioner 
  3.9   finds that any facility described in this subdivision, except 
  3.10  county jails and lockups as provided in sections 641.26, 642.10, 
  3.11  and 642.11, does not conform to minimum standards, or is not 
  3.12  making satisfactory progress toward substantial compliance 
  3.13  therewith, the commissioner may issue an order revoking the 
  3.14  license of that facility.  After revocation of its license, that 
  3.15  facility shall not be used until its license is renewed.  When 
  3.16  the commissioner is satisfied that satisfactory progress towards 
  3.17  substantial compliance with minimum standard is being made, the 
  3.18  commissioner may, at the request of the appropriate officials of 
  3.19  the affected facility supported by a written schedule for 
  3.20  compliance, grant an extension of time for a period not to 
  3.21  exceed one year. 
  3.22     (5) As used in this subdivision and section 241.0215, 
  3.23  "correctional facility" means any facility, including a group 
  3.24  home, having a residential component, the primary purpose of 
  3.25  which is to serve persons placed therein by a court, court 
  3.26  services department, parole authority, or other correctional 
  3.27  agency having dispositional power over persons charged with, 
  3.28  convicted, or adjudicated to be guilty or delinquent. 
  3.29     Sec. 2.  [241.0215] [MORATORIUM ON JUVENILE PLACEMENT 
  3.30  BEDS.] 
  3.31     Subdivision 1.  [MORATORIUM.] Except as provided in 
  3.32  subdivision 2, on and after August 1, 1998, the commissioner may 
  3.33  not: 
  3.34     (1) issue any license under section 241.021 to operate a 
  3.35  new correctional facility for the detention or confinement of 
  3.36  juvenile offenders; or 
  4.1      (2) renew a license under section 241.021 to operate a 
  4.2   correctional facility licensed before August 1, 1998, for the 
  4.3   detention or confinement of juvenile offenders if the facility 
  4.4   contains more beds than existed at the time the most recent 
  4.5   license was issued. 
  4.6      Subd. 2.  [EXCEPTIONS AUTHORIZING AN INCREASE IN BEDS.] The 
  4.7   commissioner of corrections may issue a license under section 
  4.8   241.021 to operate a new correctional facility or to increase 
  4.9   the number of beds at an existing institution or facility, upon 
  4.10  completion of a needs assessment conducted by the commissioner 
  4.11  or the commissioner's delegate, which shows: 
  4.12     (1) a need for more beds for juveniles that correlates with 
  4.13  the request for more beds; and 
  4.14     (2) that the correctional facility is providing or will 
  4.15  provide programming suitable to the needs of the juvenile 
  4.16  offenders who will be placed there. 
  4.17     Subd. 3.  [MONITORING.] The commissioner of corrections 
  4.18  shall implement mechanisms to monitor and analyze the effect of 
  4.19  the moratorium created in subdivision 1 in the different 
  4.20  geographic areas of the state.  By no later than January 15, 
  4.21  1999, and annually after that, the commissioner must submit to 
  4.22  the house and senate committees with jurisdiction over criminal 
  4.23  justice policy and funding, an assessment of the impact of the 
  4.24  moratorium by geographic area, with particular attention to 
  4.25  service deficits or problems and a plan to correct those 
  4.26  deficits or problems.