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Minnesota Legislature

Office of the Revisor of Statutes

2911.3700 EMERGENCIES AND UNUSUAL OCCURRENCES.

Subpart 1.

Emergency plan.

A facility shall have a written disaster plan. The plan shall include policies and procedures designed to protect the public by securely detaining inmates who represent a danger to the community or to themselves when the facility must be evacuated in total. The plan shall also include:

A.

location of alarms and fire fighting equipment;

B.

an emergency drill policy as follows:

(1)

at least annual drills at all facility locations; and

(2)

drills shall be conducted even when evacuation of extremely dangerous inmates may not be included;

C.

specific assignments and tasks for personnel;

D.

persons and emergency departments to be notified;

E.

procedure for evacuation of inmates; and

F.

arrangements for temporary confinement of inmates.

Subp. 2.

Quarterly review of emergency procedures.

There shall be a review of emergency procedures once every three months. The review shall include:

A.

assignment of persons to specific tasks in case of emergency situations;

B.

instructions in the use of alarm systems and signals;

C.

systems for notification of appropriate persons outside the facility;

D.

information on the location and use of emergency equipment in the facility;

E.

specification of evacuation routes and procedures; and

F.

that the review be documented and require signature or initialing by all staff.

Subp. 3.

Prompt evacuation of inmates.

A facility shall have a written policy and procedure that specifies the means for the prompt evacuation of inmates from an area of emergency.

Subp. 4.

Reporting of unusual occurrences.

Incidents of an unusual or serious nature shall be reported within ten days of the incident in writing to the Department of Corrections in the format required by the department. The reports shall include the names of persons involved, staff and inmates, nature of the unusual occurrence, actions taken, and the date and time of the occurrence. Unusual occurrences requiring reporting to the DOC include such occurrences as:

A.

attempted suicide;

B.

suicide;

C.

homicide;

D.

death, by means other than suicide or homicide;

E.

serious injury or illness subsequent to detention including incidents resulting in hospitalization for medical care;

F.

hospitalization associated with mental health needs;

G.

attempted escape or escape from a secured facility;

H.

incidents of fire requiring medical treatment of staff or inmates or a response by a local fire authority;

I.

riot;

J.

assaults of one inmate by another that result in criminal charges or outside medical attention;

K.

assaults of staff by inmates that result in criminal charges or outside medical attention;

L.

injury to inmates through response to resistance by staff controlling inmate behavior;

M.

occurrences of infectious diseases and action taken relative to same when a medical authority has determined that the inmate must be isolated from other inmates;

N.

reporting of all notices of intent to file litigation against the facility resulting from matters related to the detention or incarceration of an inmate;

O.

sexual misconduct, such as inmate on inmate, staff on inmate, and inmate on staff; and

P.

use of sexual materials, electronic media for sexual purposes, or both.

In the event of an emergency such as serious illness or injury where death may be imminent, individuals designated by the inmate shall be notified. Permission for notification, if possible, shall be obtained from the inmate.

Subp. 5.

Inmate death.

A facility shall have a written policy and procedure that specifies actions to be taken in the event of an inmate death. When an inmate death occurs:

A.

the date, time, and circumstances of the inmate's death shall be recorded in the inmate's record;

B.

if the inmate dies in the facility, the coroner or medical examiner's office shall be notified;

C.

personal belongings shall be handled in a responsible and legal manner;

D.

records of a deceased inmate shall be retained for a period of time specified by county policy;

E.

the facility administrator or designee shall ensure observance of all pertinent laws and allow appropriate investigating authorities full access to all facts surrounding the death; and

F.

in the event the death involves a "vulnerable adult" notification procedures shall be followed in a manner consistent with statutory requirements.

Subp. 6.

Work stoppage.

A facility shall have a written plan that provides for continuing operations in the event of a work stoppage or other job action. A copy of the plan must be available to all supervisory personnel who are required to familiarize themselves with the plan.

Subp. 7.

Mass arrest.

A facility shall have a written plan that governs space arrangements and procedures to be followed in the event of a mass arrest that exceeds the approved capacity of the facility established under parts 2911.0330 to 2911.0370.

Statutory Authority:

MS s 241.021

History:

23 SR 1834; 38 SR 523

Published Electronically:

December 15, 2017