1.1 	A bill for an act
1.2 	relating to public safety; permitting a county to use surplus law library money for 
1.3 	court facility costs; eliminating licensing requirements for temporary detention 
1.4 	facilities and detoxification centers; making permissive the appointment of 
1.5 	counsel for a party in a paternity proceeding; authorizing sheriffs to determine 
1.6 	the appropriate level of staff needed to operate county jails; eliminating a report 
1.7 	on interception of electronic and wireless communications, county maintenance 
1.8 	of a detoxification facility, and an administrative rule establishing staffing 
1.9 	requirements for jails;amending Minnesota Statutes 2010, sections 134A.12; 
1.10 	241.021, subdivision 1; 257.69, subdivision 1; proposing coding for new law in 
1.11 	Minnesota Statutes, chapter 641; repealing Minnesota Statutes 2010, sections 
1.12 	254A.08, subdivisions 1, 2; 256G.06; 626A.17; Minnesota Rules, part 2911.0900.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2010, section 134A.12, is amended to read:
1.15 	134A.12 TAXABLE AS COSTS.
1.16 	The law library fee is a cost in the action and taxable as such, and is to be allotted 
1.17 	for the support of the library. If a county has a surplus in its law library fund, the surplus 
1.18 	funds may be allotted for costs relating to court facilities under section 484.77.

1.19 	Sec. 2. Minnesota Statutes 2010, section 241.021, subdivision 1, is amended to read:
1.20 		Subdivision 1.Correctional facilities; inspection; licensing. (a) Except as 
1.21 	provided in paragraph (b) paragraphs (b) and (g), the commissioner of corrections shall 
1.22 	inspect and license all correctional facilities throughout the state, whether public or private, 
1.23 	established and operated for the detention and confinement of persons detained or confined 
1.24 	therein according to law except to the extent that they are inspected or licensed by other 
1.25 	state regulating agencies. The commissioner shall promulgate pursuant to chapter 14, rules 
1.26 	establishing minimum standards for these facilities with respect to their management, 
2.1 	operation, physical condition, and the security, safety, health, treatment, and discipline 
2.2 	of persons detained or confined therein. Commencing September 1, 1980, no individual, 
2.3 	corporation, partnership, voluntary association, or other private organization legally 
2.4 	responsible for the operation of a correctional facility may operate the facility unless 
2.5 	licensed by the commissioner of corrections. Private adult correctional facilities shall have 
2.6 	the authority of section 624.714, subdivision 13, if the Department of Corrections licenses 
2.7 	the facility with such authority and the facility meets requirements of section 243.52. The 
2.8 	commissioner shall review the correctional facilities described in this subdivision at least 
2.9 	once every biennium, except as otherwise provided herein, to determine compliance with 
2.10 	the minimum standards established pursuant to this subdivision. The commissioner shall 
2.11 	grant a license to any facility found to conform to minimum standards or to any facility 
2.12 	which, in the commissioner's judgment, is making satisfactory progress toward substantial 
2.13 	conformity and the interests and well-being of the persons detained or confined therein 
2.14 	are protected. The commissioner may grant licensure up to two years. The commissioner 
2.15 	shall have access to the buildings, grounds, books, records, staff, and to persons detained 
2.16 	or confined in these facilities. The commissioner may require the officers in charge of 
2.17 	these facilities to furnish all information and statistics the commissioner deems necessary, 
2.18 	at a time and place designated by the commissioner. The commissioner may require that 
2.19 	any or all such information be provided through the Department of Corrections detention 
2.20 	information system. The education program offered in a correctional facility for the 
2.21 	detention or confinement of juvenile offenders must be approved by the commissioner of 
2.22 	education before the commissioner of corrections may grant a license to the facility.
2.23 	(b) For juvenile facilities licensed by the commissioner of human services, the 
2.24 	commissioner may inspect and certify programs based on certification standards set forth 
2.25 	in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning 
2.26 	given it in section 245A.02.
2.27 	(c) Any state agency which regulates, inspects, or licenses certain aspects of 
2.28 	correctional facilities shall, insofar as is possible, ensure that the minimum standards 
2.29 	it requires are substantially the same as those required by other state agencies which 
2.30 	regulate, inspect, or license the same aspects of similar types of correctional facilities, 
2.31 	although at different correctional facilities.
2.32 	(d) Nothing in this section shall be construed to limit the commissioner of 
2.33 	corrections' authority to promulgate rules establishing standards of eligibility for counties 
2.34 	to receive funds under sections 401.01 to 401.16, or to require counties to comply with 
2.35 	operating standards the commissioner establishes as a condition precedent for counties 
2.36 	to receive that funding.
3.1 	(e) When the commissioner finds that any facility described in paragraph (a), except 
3.2 	foster care facilities for delinquent children and youth as provided in subdivision 2, does 
3.3 	not substantially conform to the minimum standards established by the commissioner and 
3.4 	is not making satisfactory progress toward substantial conformance, the commissioner 
3.5 	shall promptly notify the chief executive officer and the governing board of the facility 
3.6 	of the deficiencies and order that they be remedied within a reasonable period of time. 
3.7 	The commissioner may by written order restrict the use of any facility which does not 
3.8 	substantially conform to minimum standards to prohibit the detention of any person 
3.9 	therein for more than 72 hours at one time. When, after due notice and hearing, the 
3.10 	commissioner finds that any facility described in this subdivision, except county jails and 
3.11 	lockups as provided in sections 641.26, 642.10, and 642.11, does not conform to minimum 
3.12 	standards, or is not making satisfactory progress toward substantial compliance therewith, 
3.13 	the commissioner may issue an order revoking the license of that facility. After revocation 
3.14 	of its license, that facility shall not be used until its license is renewed. When the 
3.15 	commissioner is satisfied that satisfactory progress towards substantial compliance with 
3.16 	minimum standard is being made, the commissioner may, at the request of the appropriate 
3.17 	officials of the affected facility supported by a written schedule for compliance, grant an 
3.18 	extension of time for a period not to exceed one year.
3.19 	(f) As used in this subdivision, "correctional facility" means any facility, including a 
3.20 	group home, having a residential component, the primary purpose of which is to serve 
3.21 	persons placed therein by a court, court services department, parole authority, or other 
3.22 	correctional agency having dispositional power over persons charged with, convicted, 
3.23 	or adjudicated to be guilty or delinquent.
3.24 	(g) Notwithstanding any law to the contrary, temporary detention facilities 
3.25 	and detoxification centers are not subject to the requirements of this section and the 
3.26 	corresponding rules promulgated by the commissioner.

3.27 	Sec. 3. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
3.28 		Subdivision 1.Representation by counsel. In all proceedings under sections 
3.29 	257.51 to 257.74, any party may be represented by counsel. The county attorney shall 
3.30 	represent the public authority. The court shall may appoint counsel for a party who is 
3.31 	unable to pay timely for counsel in proceedings under sections 257.51 to 257.74.

3.32 	Sec. 4. [641.055] STAFFING.
4.1 	Notwithstanding any law to the contrary, a sheriff shall staff a county jail in a 
4.2 	manner that promotes public safety, officer safety, and prisoner safety. The commissioner 
4.3 	of corrections may not mandate staffing levels for jails.

4.4 	Sec. 5.  REPEALER.
 4.5 	(a) Minnesota Statutes 2010, sections 254A.08, subdivisions 1 and 2; 256G.06; 
4.6 	and 626A.17, are repealed.
4.7 	(b) Minnesota Rules, part 2911.0900, is repealed.