241.0221 Juvenile detention services subsidy program.
Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Commissioner" means the commissioner of corrections.
(b) "Local detention facility" means a county or multicounty facility that detains or confines preadjudicated or adjudicated delinquent and nondelinquent offenders, including offenders defined in section 260B.007, subdivisions 16, 17, and 18.
(c) "Twenty-four-hour temporary holdover facility" means a physically restricting or a physically unrestricting facility used for up to 24 hours, excluding weekends and holidays, for the care of one or more children who are being detained under chapter 260.
(d) "Twenty-four-hour temporary holdover facility operational subsidy" means a subsidy in an amount not to exceed $7 per hour for wages for staff supervision services provided to a delinquent child held within a 24-hour temporary holdover facility.
(e) "Eight-day temporary holdover facility" means a physically restricting and unrestricting facility of not more than eight beds, two of which must be capable of being physically restricting. The maximum period that a child can be detained under chapter 260 in this facility is eight days, excluding weekends and holidays.
(f) "Eight-day temporary holdover facility operational subsidy" means a subsidy in an amount not to exceed 50 percent of the annual actual operating costs of the facility and not to exceed $100,000, whichever is less.
(g) "Secure juvenile detention center" means a physically restricting facility licensed under Minnesota Rules, chapter 2930, and used for the temporary care of a delinquent child being detained under chapter 260.
(h) "Alternative detention programs" include, but are not limited to, home detention services, transportation services, including programs designed to return runaway children to their legal place of residence, custody detention services, training subsidy programs, and administrative services.
(i) "Secure juvenile detention center subsidy" means the $1,200 per bed subsidy authorized under subdivisions 2 and 5, paragraph (b).
(j) "Transportation service" means transportation of a child who is being detained under chapter 260, including costs of wages, mileage and meal expenses, and costs for transporting and returning delinquent children who have absconded from their legal place of residence.
(k) "Home detention service" means:
(1) supervision of children who are residing at their legal place of residence and who are being detained under chapter 260 and includes costs incurred for wages, mileage, and expenses associated with supervision;
(2) a training subsidy used to pay for expenses incurred in training home detention staff; and
(3) electronic surveillance program costs incurred in electronic monitoring of children who are being detained at home or at their legal place of residence under chapter 260.
(l) "Custody detention service" means secure and nonsecure detention per diem costs for a child who is being detained under chapter 260.
(m) "Training subsidy" means a subsidy associated with training required staff to implement temporary holdover facility programs, transportation services, and home detention services.
(n) "Administrative services" means administering, coordinating, and implementing the 24-hour temporary holdover facilities, juvenile detention alternative programs involving transportation, home detention, and custody detention services.
(o) "Administrative start-up subsidy" means a subsidy associated with services rendered to get a 24-hour temporary holdover facility established and operating as required and not to exceed $2,000 per facility.
(p) "Training services" means training services provided by the commissioner of corrections to subsidy participants, either directly or through purchase of service contractual agreements.
Subd. 2. Authorization to make subsidies to counties; expend funds to provide training services to subsidy participants. The commissioner may, out of money appropriated for the purposes of this section:
(1) subsidize counties or groups of counties to assist in:
(i) construction or rehabilitation of local detention facilities, and
(ii) developing or maintaining adequate local detention facility operations or alternative detention programs; and
(2) expend funds to provide for training of any juvenile facility staff who work in department of corrections licensed juvenile facilities or who work in alternative detention programs subsidized by this section.
Subd. 3. Federal funds. The commissioner may also receive funds from the federal government or any other lawful source for the purposes of subdivision 2.
Subd. 4. Minimum standards. (a) The commissioner shall establish, under chapter 14, minimum standards for the construction or rehabilitation of all local detention facilities and their operations by July 1, 1993. Interim standards developed by the commissioner may be used until that time.
(b) The commissioner shall establish requirements for alternative detention program subsidies and the maximum amount of funding each eligible participating county can receive. These subsidy requirements are not subject to chapter 14 procedures. Compliance with requirements established by the commissioner constitutes a minimum requirement for the granting of subsidy funding.
(c) The commissioner may administratively establish minimum training service requirements and the maximum amount of funding that will be annually expended by the department of corrections for such training.
Subd. 5. Application for subsidy funding. (a) A county or group of counties operating or desiring to operate any of the facilities defined in subdivision 1 may apply for facility construction or rehabilitation subsidy funds. Applications must be submitted in a format provided by the commissioner. Subsidy funds granted are contingent on approval of plans and budget proposals submitted. The commissioner may recommend changes or modifications as the commissioner considers necessary to effect substantial compliance with the standards established in subdivision 4. When the commissioner has determined that a county or group of counties has substantially complied with the minimum standards, or is making satisfactory progress toward compliance, the commissioner may pay to the county or counties an amount not more than 50 percent of the costs of construction or rehabilitation of the facility or facilities for which a subsidy has been granted, with the following exceptions:
(1) a 24-hour nonsecure temporary holdover facility may receive a one-time payment of up to a maximum of $3,000 per facility for construction or rehabilitation purposes and furnishings;
(2) a 24-hour secure temporary holdover facility may receive a one-time payment of up to a maximum of $10,000 per facility for construction or rehabilitation purposes and furnishings; and
(3) an eight-day temporary holdover facility may receive a one-time payment of up to a maximum of $10,000 per bed for no more than eight beds for construction or rehabilitation purposes and furnishings.
(b) A county or group of counties operating a secure juvenile detention center may apply for secure juvenile detention center subsidy funds. The commissioner may pay to the governing board of a local secure juvenile detention center a sum not more than $1,200 per year for each secure juvenile bed as approved in the submitted plans and specifications. These subsidy funds must be expended for alternative juvenile detention programs felt to be appropriate by the local governing board. The $1,200 per bed, per year subsidy shall be known as the secure juvenile detention center subsidy.
(c) A county or group of counties operating an eight-day temporary holdover facility may apply for an operational subsidy in an amount not to exceed 50 percent of the facility's approved operational budget. Reimbursement would occur based upon actual expenditures and compliance with standards and requirements established in subdivision 4 and could not exceed $100,000 per year, per facility.
(d) The commissioner may also pay to a county or group of counties a subsidy for alternative detention programs. Subsidies may cover costs for:
(1) home detention services;
(2) transportation services;
(3) custody detention services;
(4) training; and
(5) local administrative services.
(e) Counties operating a juvenile eight-day temporary holdover facility or a secure juvenile detention center are not eligible to receive a subsidy for alternative detention programs described in paragraph (d).
(f) The commissioner may pay to counties desiring to operate a secure or nonsecure 24-hour temporary holdover facility a one-time administrative start-up subsidy of $2,000 for staff services rendered for development and coordination purposes.
Subd. 6. Application review process for subsidy funds. To qualify for a subsidy, a county or group of counties must enter into a memorandum of agreement with the commissioner agreeing to comply with the minimum standards and requirements established by the commissioner under subdivision 4. The memorandum of agreement is not subject to the contract approval procedures of the commissioner of administration or chapters 16B and 16C. The commissioner shall provide forms and instructions for submission of subsidy applications.
The commissioner shall require a county or group of counties to document in its application that it is requesting subsidy funds for the least restrictive alternative appropriate to the county or counties detention needs. The commissioner shall evaluate applications and grant subsidies for local detention facilities and alternative detention programs described in this section in a manner consistent with the minimum standards and requirements established by the commissioner in subdivision 4 and within the limit appropriations made available by law.
Subd. 7. Inspection. The commissioner shall inspect each local detention facility covered by this section in accordance with requirements set forth in section 241.021 to ensure continued compliance with minimum standards and requirements established by the commissioner in subdivision 4 and may withhold funds for noncompliance.
Subd. 8. Limitation of subsidies. Funds for the purposes of subdivision 5, paragraph (a), are available only for construction projects begun after July 1, 1991.
Official Publication of the State of Minnesota
Revisor of Statutes