1998 Minnesota Statutes

     241.021 Licensing and supervision of institutions and 
  facilities. 

    Subdivision 1.    Supervision over correctional 
 institutions.  (1) The commissioner of corrections shall 
 inspect and license all correctional facilities throughout the 
 state, whether public or private, established and operated for 
 the detention and confinement of persons detained or confined 
 therein according to law except to the extent that they are 
 inspected or licensed by other state regulating agencies.  The 
 commissioner shall promulgate pursuant to chapter 14, rules 
 establishing minimum standards for these facilities with respect 
 to their management, operation, physical condition, and the 
 security, safety, health, treatment, and discipline of persons 
 detained or confined therein.  Commencing September 1, 1980, no 
 individual, corporation, partnership, voluntary association, or 
 other private organization legally responsible for the operation 
 of a correctional facility may operate the facility unless 
 licensed by the commissioner of corrections.  The commissioner 
 shall review the correctional facilities described in this 
 subdivision at least once every biennium, except as otherwise 
 provided herein, to determine compliance with the minimum 
 standards established pursuant to this subdivision.  The 
 commissioner shall grant a license to any facility found to 
 conform to minimum standards or to any facility which, in the 
 commissioner's judgment, is making satisfactory progress toward 
 substantial conformity and the interests and well-being of the 
 persons detained or confined therein are protected.  The 
 commissioner may grant licensure up to two years.  The 
 commissioner shall have access to the buildings, grounds, books, 
 records, staff, and to persons detained or confined in these 
 facilities.  The commissioner may require the officers in charge 
 of these facilities to furnish all information and statistics 
 the commissioner deems necessary, at a time and place designated 
 by the commissioner.  The commissioner may require that any or 
 all such information be provided through the department of 
 corrections detention information system.  

    (2) Any state agency which regulates, inspects, or licenses 
 certain aspects of correctional facilities shall, insofar as is 
 possible, ensure that the minimum standards it requires are 
 substantially the same as those required by other state agencies 
 which regulate, inspect, or license the same aspects of similar 
 types of correctional facilities, although at different 
 correctional facilities. 

    (3) Nothing in this section shall be construed to limit the 
 commissioner of corrections' authority to promulgate rules 
 establishing standards of eligibility for counties to receive 
 funds under sections 401.01 to 401.16, or to require counties to 
 comply with operating standards the commissioner establishes as 
 a condition precedent for counties to receive that funding. 

    (4) When the commissioner finds that any facility described 
 in clause (1), except foster care facilities for delinquent 
 children and youth as provided in subdivision 2, does not 
 substantially conform to the minimum standards established by 
 the commissioner and is not making satisfactory progress toward 
 substantial conformance, the commissioner shall promptly notify 
 the chief executive officer and the governing board of the 
 facility of the deficiencies and order that they be remedied 
 within a reasonable period of time.  The commissioner may by 
 written order restrict the use of any facility which does not 
 substantially conform to minimum standards to prohibit the 
 detention of any person therein for more than 72 hours at one 
 time.  When, after due notice and hearing, the commissioner 
 finds that any facility described in this subdivision, except 
 county jails and lockups as provided in sections 641.26, 642.10, 
 and 642.11, does not conform to minimum standards, or is not 
 making satisfactory progress toward substantial compliance 
 therewith, the commissioner may issue an order revoking the 
 license of that facility.  After revocation of its license, that 
 facility shall not be used until its license is renewed.  When 
 the commissioner is satisfied that satisfactory progress towards 
 substantial compliance with minimum standard is being made, the 
 commissioner may, at the request of the appropriate officials of 
 the affected facility supported by a written schedule for 
 compliance, grant an extension of time for a period not to 
 exceed one year. 

    (5) As used in this subdivision, "correctional facility" 
 means any facility, including a group home, having a residential 
 component, the primary purpose of which is to serve persons 
 placed therein by a court, court services department, parole 
 authority, or other correctional agency having dispositional 
 power over persons charged with, convicted, or adjudicated to be 
 guilty or delinquent. 

    Subd. 2.    Foster care facilities for delinquent children 
 and youth; licenses; supervision.  Notwithstanding any 
 provisions in sections 256.01, subdivision 2, clause (2), 
 245A.03, and 245A.04, to the contrary, but subject to the 
 municipality notification requirements of subdivision 2a, the 
 commissioner of corrections shall review all county, municipal 
 or other publicly established and operated facilities for the 
 detention, care and training of delinquent children and youth at 
 least once every biennium, and if such facility conforms to 
 reasonable standards established by the commissioner or in the 
 commissioner's judgment is making satisfactory progress toward 
 substantial conformity therewith, and the commissioner is 
 satisfied that the interests and well-being of children and 
 youth received therein are protected, the commissioner shall 
 grant a license to the county, municipality or agency thereof 
 operating such facility.  The commissioner may grant licensure 
 up to two years.  Each such facility shall cooperate with the 
 commissioner to make available all facts regarding its operation 
 and services as the commissioner requires to determine its 
 conformance to standards and its competence to give the services 
 needed and which it purports to give.  Every such facility as 
 herein described is subject to visitation and supervision by the 
 commissioner and shall receive from the commissioner 
 consultation as needed to strengthen services to the children 
 and youth received therein. 

    Subd. 2a.    Notification of affected municipality.  The 
 commissioner must not issue a license without giving 30 calendar 
 days' written notice to any affected municipality or other 
 political subdivision unless the facility has a licensed 
 capacity of six or fewer persons and is occupied by either the 
 licensee or the group foster home parents.  The notification 
 must be given before the first issuance of a license and 
 annually after that time if annual notification is requested in 
 writing by any affected municipality or other political 
 subdivision.  State funds must not be made available to or be 
 spent by an agency or department of state, county, or municipal 
 government for payment to a foster care facility licensed under 
 subdivision 2 until the provisions of this subdivision have been 
 complied with in full. 

    Subd. 2b.    Licensing prohibition for certain juvenile 
 facilities.  The commissioner may not: 

    (1) issue a license under this section to operate a 
 correctional facility for the detention or confinement of 
 juvenile offenders if the facility accepts juveniles who reside 
 outside of Minnesota without an agreement with the entity 
 placing the juvenile at the facility that obligates the entity 
 to pay the educational expenses of the juvenile; or 

    (2) renew a license under this section to operate a 
 correctional facility for the detention or confinement of 
 juvenile offenders if the facility accepts juveniles who reside 
 outside of Minnesota without an agreement with the entity 
 placing the juvenile at the facility that obligates the entity 
 to pay the educational expenses of the juvenile. 

    Subd. 3.    Revocation of license.  When after due 
 notice and hearing the commissioner of corrections determines 
 that any facility described in subdivision 2 does not 
 substantially conform to the reasonable standards therein 
 provided or is not making satisfactory progress toward 
 substantial compliance therewith, the commissioner may, with the 
 consent of the judge of the district court, issue an order 
 revoking the license of that facility.  After revocation of its 
 license, that facility shall not be used for the care and 
 training of delinquent children, or for their detention until 
 its license is renewed. 

    Subd. 4.    Health care.  The commissioner of 
 corrections shall provide professional health care to persons 
 confined in institutions under the control of the commissioner 
 of corrections and pay the costs of their care in hospitals and 
 other medical facilities not under the control of the 
 commissioner of corrections, including the secure treatment unit 
 operated by the St. Paul - Ramsey Hospital.  All reimbursements 
 for these health care services shall be deposited in the general 
 fund.  

    Subd. 4a.    Chemical dependency treatment programs.  
 All residential chemical dependency treatment programs operated 
 by the commissioner of corrections to treat adults and juveniles 
 committed to the commissioner's custody shall comply with the 
 standards mandated in Minnesota Rules, parts 9530.4100 to 
 9530.6500, for treatment programs operated by community-based 
 residential treatment facilities. 

    Subd. 5.    Sales to department of administration.  July 
 1 of each year and quarterly thereafter, the commissioner of 
 corrections shall notify the commissioner of administration of 
 the articles, supplies, and services available from industrial 
 activities conducted at state correctional institutions, and the 
 commissioner of administration shall purchase from the state 
 correctional institutions those articles, supplies, and services 
 needed by state departments and agencies, unless the 
 commissioner of corrections certifies that the correctional 
 institutions cannot provide them at a price within five percent 
 of the fair market price for comparable level of quality and 
 within a reasonable delivery time.  In determining the fair 
 market price the commissioner of administration shall use 
 competitive bidding or consider open market bid prices in 
 previous years for similar products and services, plus 
 inflationary increases.  

    Subd. 6.    Background studies.  The commissioner of 
 corrections is authorized to do background studies on personnel 
 employed by any facility serving children or youth that is 
 licensed under this section.  A clerk or administrator of any 
 court, the bureau of criminal apprehension, a prosecuting 
 attorney, a county sheriff, or a chief of a local police 
 department, shall assist in these studies by providing to the 
 commissioner, or the commissioner's representative, all criminal 
 conviction data available from local, state, and national 
 criminal history record repositories, including the criminal 
 justice data communications network, pertaining to the following 
 individuals: applicants, operators, all persons living in the 
 household, and all staff of any facility subject to background 
 studies under this subdivision. 

    HIST: 1961 c 750 s 27 subd 2; 1969 c 493 s 1; 1976 c 299 s 
 1,2; 1978 c 778 s 1; 1980 c 417 s 1; 1980 c 580 s 1; 1980 c 618 
 s 18; 1981 c 360 art 1 s 16; 1Sp1981 c 4 art 1 s 99; 1982 c 424 
 s 130; 1985 c 262 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 
 c 252 s 1; 1987 c 333 s 22; 1992 c 571 art 11 s 1; 1993 c 266 s 
 29; 1994 c 636 art 6 s 1,2; 1995 c 12 s 1,2; 1998 c 367 art 10 s 
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