2007 Minnesota Statutes

241.021 LICENSING AND SUPERVISION OF INSTITUTIONS AND FACILITIES.
    Subdivision 1. Supervision over correctional institutions. (a) Except as provided in
paragraph (b), 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. Private adult correctional facilities shall have the authority
of section 624.714, subdivision 13, if the Department of Corrections licenses the facility with
such authority and the facility meets requirements of section 243.52. 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. The education program offered in a correctional facility for the detention or
confinement of juvenile offenders must be approved by the commissioner of education before the
commissioner of corrections may grant a license to the facility.
(b) For juvenile facilities licensed by the commissioner of human services, the commissioner
may inspect and certify programs based on certification standards set forth in Minnesota Rules.
For the purpose of this paragraph, "certification" has the meaning given it in section 245A.02.
(c) 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.
(d) 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.
(e) When the commissioner finds that any facility described in paragraph (a), 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.
(f) 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, and chapter 245C, 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. All reimbursements for these health care services shall be
deposited in the general fund. The commissioner of corrections is authorized to contract with
or reimburse entities, including health care management companies, to provide health care to
inmates, at reimbursement rates equal to medical assistance unless otherwise negotiated. With
respect to these contracts, these entities shall not be regulated as, or otherwise considered to be,
health plan companies as defined in section 62Q.01, subdivision 4.
    Subd. 4a. Chemical dependency treatment programs. All residential chemical dependency
treatment programs operated by the commissioner of corrections to treat adults committed
to the commissioner's custody shall comply with the standards mandated in Minnesota Rules,
parts 9530.4100 to 9530.6500, or successor rule parts, for treatment programs operated by
community-based treatment facilities. When the commissioners of corrections and human services
agree that these established standards for community-based programs cannot reasonably apply to
correctional facilities, alternative equivalent standards shall be developed by the commissioners
and established through an interagency agreement.
    Subd. 4b.[Repealed, 2007 c 133 art 2 s 13]
    Subd. 5.[Repealed, 2007 c 54 art 6 s 20]
    Subd. 6. Background studies. (a) 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. The commissioner of corrections shall contract with the commissioner
of human services to conduct background studies of individuals providing services in secure and
nonsecure residential facilities and detention facilities who have direct contact, as defined under
section 245C.02, subdivision 11, with persons served in the facilities. A disqualification of an
individual in this section shall disqualify the individual as provided in chapter 245C.
(b) 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 of human services, 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.
(c) The Department of Human Services shall conduct the background studies required
by paragraph (a) in compliance with the provisions of chapter 245C. For the purpose of this
subdivision, the term "secure and nonsecure residential facility and detention facility" shall
include programs licensed or certified under subdivision 2. The Department of Human Services
shall provide necessary forms and instructions, shall conduct the necessary background studies of
individuals, and shall provide notification of the results of the studies to the facilities, individuals,
and the commissioner of corrections. Individuals shall be disqualified under the provisions of
chapter 245C.
If an individual is disqualified, the Department of Human Services shall notify the facility
and the individual and shall inform the individual of the right to request a reconsideration of the
disqualification by submitting the request to the Department of Corrections.
(d) The commissioner of corrections shall review and decide reconsideration requests,
including the granting of variances, in accordance with the procedures and criteria contained
in chapter 245C. The commissioner's decision shall be provided to the individual and to the
Department of Human Services. The commissioner's decision to grant or deny a reconsideration
of disqualification is the final administrative agency action.
(e) Facilities described in paragraph (a) shall be responsible for cooperating with the
departments in implementing the provisions of this subdivision. The responsibilities imposed on
applicants and licensees under chapters 245A and 245C shall apply to these facilities.
History: 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 1; 1999 c 241 art 2 s 52; 2000 c 299 s 1; 2001 c 197 s 2; 2001 c 210 s 4-8; 2002 c 374 art 10 s
2; 2003 c 15 art 1 s 33; 2003 c 130 s 12; 2004 c 288 art 2 s 1