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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 241. DEPARTMENT OF CORRECTIONS

Table of Sections
SectionHeadnote

CREATION OF DEPARTMENT

241.01CREATION OF DEPARTMENT.
241.015Repealed, 1998 c 366 s 90
241.016ANNUAL PERFORMANCE REPORT REQUIRED.
241.018241.018 PER DIEM CALCULATION.
241.02TRANSFER OF POWERS AND DUTIES.

LICENSING OF INSTITUTIONS

241.021LICENSING AND SUPERVISION OF INSTITUTIONS AND FACILITIES.

FACILITY GRANT AND SUBSIDY PROGRAMS

241.022GRANTS-IN-AID TO COUNTIES FOR ADULT DETENTION FACILITIES AND PROGRAMS.
241.0221JUVENILE DETENTION SERVICES SUBSIDY PROGRAM.
241.0222241.0222 CONTRACTS WITH NEWLY CONSTRUCTED JAIL FACILITIES THAT PROVIDE ACCESS TO CHEMICAL DEPENDENCY TREATMENT PROGRAMS.

CORRECTIONAL FACILITY DESIGNATION

241.023DESIGNATION OF STATE CORRECTIONAL FACILITIES.

CHIEF EXECUTIVE OFFICER DESIGNATION

241.024DESIGNATION OF CHIEF EXECUTIVE OFFICERS OF STATE CORRECTIONAL FACILITIES.

FUGITIVE APPREHENSION UNIT

241.025DEPARTMENT OF CORRECTIONS FUGITIVE APPREHENSION UNIT.

CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES

241.026CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES.
241.03Repealed, 1973 c 654 s 14
241.04Repealed, 1973 c 654 s 14
241.045

RELIGION

241.05RELIGIOUS ACTIVITIES.

RECORDS AND TRANSFER OF INMATES

241.06RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.
241.065CONDITIONAL RELEASE DATA SYSTEM.
241.07TRANSFER OF INMATES TO OTHER STATE INSTITUTIONS.

MONEY AND FUNDS

241.08MONEY OF INMATES OF CORRECTIONAL INSTITUTIONS.
241.09UNCLAIMED MONEY OR PERSONAL PROPERTY OF INMATES OF CORRECTIONAL FACILITIES.
241.10DISPOSAL OF FUNDS; CORRECTIONAL INSTITUTIONS.
241.105241.105 SOCIAL SECURITY ADMINISTRATION INCENTIVE PAYMENTS; INMATE DISCHARGE PLANNING.

FIRE PROTECTION

241.11PROTECTION AGAINST FIRE.
241.12Repealed, 1973 c 400 s 2

CONTINGENT ACCOUNT

241.13CONTINGENT ACCOUNT; DAMAGE DEPOSITS; CORRECTIONAL INSTITUTIONS.

EMPLOYMENT EXAMINATIONS

241.14PHYSICAL EXAMINATIONS FOR EMPLOYMENT IN CORRECTIONAL FACILITIES.
241.15Repealed, 1981 c 192 s 21

CEMETERY AND BURIAL

241.16CEMETERY AT CORRECTIONAL FACILITIES.
241.17REBURIAL.
241.18ABANDONMENT OF CEMETERY; COURT ORDER.
241.19Repealed, 2001 c 210 s 30

CONSERVATION WORK

241.20INMATES TO DO CONSERVATION WORK.
241.21INMATES AVAILABLE TO STATE DEPARTMENTS.
241.22MAY EXPEND MONEY.
241.23CHIEF EXECUTIVE OFFICER TO MAKE SELECTION.
241.24Repealed, 1963 c 753 art 2 s 17
241.25Repealed, 1993 c 326 art 8 s 17

PRESS ACCESS

241.251PRESS ACCESS FOR INMATES.

PRIVATE EMPLOYMENT AND VOCATIONAL TRAINING

241.26PRIVATE EMPLOYMENT OF INMATES OF STATE CORRECTIONAL INSTITUTIONS IN COMMUNITY.
241.265HIGHER EDUCATION; CERTAIN PAYMENTS PROHIBITED.
241.27VOCATIONAL TRAINING OF INMATES; MINNESOTA CORRECTIONAL INDUSTRIES; REVOLVING ACCOUNTS.

REIMBURSEMENT OF LOCAL GOVERNMENTS

241.271REIMBURSEMENT OF COUNTIES AND MUNICIPALITIES; BUDGET REQUEST.

CORRECTIONAL FEE COLLECTION

241.272FEE COLLECTION.

PRODUCTIVE DAY INITIATIVE PROGRAMS

241.275PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS COUNTIES.

WORK PROGRAM AT CAMP RIPLEY

241.277Repealed, 1999 c 216 art 4 s 17
241.278241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY JAIL INMATES.

INTERSTATE CORRECTIONS COMPACT

241.28CITATION.
241.29COMPACT.
241.30POWERS WITH RELATION TO COMPACT.
241.301FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS FROM OTHER STATES.

COMMUNITY CORRECTIONS CENTERS

241.31ESTABLISHMENT AND OPERATION BY MUNICIPALITY.
241.32ESTABLISHMENT AND OPERATION BY STATE.

BLOODBORNE PATHOGENS; CORRECTIONS EMPLOYEE EXPOSURE

241.33DEFINITIONS.
241.331CONDITIONS FOR APPLICABILITY OF PROCEDURES.
241.332INFORMATION REQUIRED TO BE GIVEN TO INDIVIDUALS.
241.333DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN TEST RESULTS.
241.334CONSENT PROCEDURES GENERALLY.
241.335TESTING OF AVAILABLE BLOOD.
241.336BLOOD SAMPLE COLLECTION FOR TESTING.
241.337NO DISCRIMINATION.
241.338USE OF TEST RESULTS.
241.339TEST INFORMATION CONFIDENTIALITY.
241.34PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION.
241.341PROTOCOL FOR EXPOSURE TO BLOODBORNE PATHOGENS.
241.342IMMUNITY.
SUBSTANCE ABUSE
241.40241.40 PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT PROCESS.
241.41Repealed, 1Sp2003 c 2 art 5 s 18
241.415241.415 RELEASE PLANS; SUBSTANCE ABUSE.
241.416241.416 SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
241.42
241.43Repealed, 1Sp2003 c 2 art 5 s 18
241.44Repealed, 1Sp2003 c 2 art 5 s 18
241.441Repealed, 1Sp2003 c 2 art 5 s 18
241.45Repealed, 1Sp2003 c 2 art 5 s 18
241.51Renumbered 611A.21
241.52Renumbered 611A.22
241.53Renumbered 611A.23
241.55Renumbered 611A.41
241.56Renumbered 611A.42
241.57Renumbered 611A.43
241.58Renumbered 611A.44
241.61Renumbered 611A.31
241.62Renumbered 611A.32
241.63Renumbered 611A.33
241.64Renumbered 611A.34
241.65Renumbered 611A.35
241.66Renumbered 611A.36

SEX OFFENDER TREATMENT PROGRAMS

241.67SEX OFFENDER TREATMENT; PROGRAMS; STANDARDS; DATA.
241.671Repealed, 1993 c 326 art 8 s 17

CORRECTIONAL PSYCHIATRIC UNIT

241.69MENTAL HEALTH UNIT; ESTABLISHMENT.

PROGRAMS FOR WOMEN OFFENDERS

241.70PROGRAMS FOR FEMALE OFFENDERS.
241.71CREATION OF ADVISORY TASK FORCE.
241.72PROGRAM FUNDING.
241.73DUTIES OF COMMISSIONER.
HEALTH CARE DECISIONS
241.75241.75 INMATE HEALTH CARE DECISIONS.

AMERICAN INDIAN COUNSELING PROGRAM

241.80AMERICAN INDIAN COUNSELING PROGRAM.

EDUCATIONAL ASSESSMENTS

241.85EDUCATIONAL ASSESSMENTS.
241.86241.86 MENTORING GRANT FOR CHILDREN OF INCARCERATED PARENTS.

CREATION OF DEPARTMENT

241.01 CREATION OF DEPARTMENT.
    Subdivision 1. Commissioner. The Department of Corrections is created under the control
and supervision of the commissioner of corrections which office is established. The commissioner
of corrections shall be selected without regard to political affiliation and shall have wide and
successful administrative experience in correctional programs embodying rehabilitative concepts.
The commissioner shall be appointed by the governor under the provisions of section 15.06.
    Subd. 2. Divisions; deputies. The commissioner of corrections may appoint and employ no
more than two deputy commissioners. The commissioner may also appoint a personal secretary,
who shall serve at the commissioner's pleasure in the unclassified civil service.
    Subd. 3.[Repealed, 1975 c 304 s 15]
    Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility or
other facility of the Department of Corrections and to prescribe reasonable conditions and rules
for their employment, conduct, instruction, and discipline within or outside the facility. Inmates
shall not exercise custodial functions or have authority over other inmates. Inmates may serve
on the board of directors or hold an executive position subordinate to correctional staff in any
corporation, private industry or educational program located on the grounds of, or conducted
within, a state correctional facility with written permission from the chief executive officer of
the facility.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities as
necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota Correctional
Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without legislative approval.
The commissioner may place juveniles and adults at the same state minimum security correctional
facilities, if there is total separation of and no regular contact between juveniles and adults, except
contact incidental to admission, classification, and mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary to
discharge the functions of the department, including a chief executive officer for each facility
under the commissioner's control who shall serve in the unclassified civil service and may, under
the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the commissioner's
powers, duties and responsibilities, subject to the commissioner's control and the conditions the
commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
    Subd. 3b. Mission; efficiency; legislative report, recommendations. It is part of the
department's mission that within the department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and
operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other
governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve service to the
public, increase public access to information about government, and increase public participation
in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
    Subd. 4. Bond and oath of commissioner. Before entering upon the duties of office, the
commissioner of corrections shall take and subscribe an oath and give a bond to the state of
Minnesota, to be approved by the governor and filed with the secretary of state, in the sum of
$25,000, conditioned for the faithful performance of the commissioner's duties.
    Subd. 5. Training program. For the maintenance of adequate standards of operation
in discharging the functions of the department, obtaining suitable candidates for positions for
which there is a scarcity of qualified applicants, and the development of more effective treatment
programs directed toward the correction and rehabilitation of persons found delinquent or guilty
of crimes, and of more effective delinquency prevention the commissioner of corrections shall
establish a training program including but not limited to in-service, preservice, internship and
scholarship programs, and an operational research program. Within the limits of appropriations
available, the commissioner may provide educational stipends or tuition reimbursement in such
amounts and upon such terms and conditions as may be determined jointly by the commissioner
of employee relations. Within the limits of appropriations therefor the commissioner shall
establish and provide personnel, facilities and equipment for research and study to evaluate the
effectiveness of correctional treatment in camps, facilities, probation and parole investigation
and supervision and delinquency prevention.
The commissioner may provide training to public or private agencies or organizations and
may require the participating agencies or organizations to pay all or part of the costs of the
training. All sums of money received pursuant to the agreements shall not cancel until the end of
the fiscal year immediately following the fiscal year in which the funds were received. The funds
are available for use by the commissioner during that period and are appropriated annually to the
commissioner of corrections for the purposes of this subdivision.
    Subd. 5a. Acceptance of gifts, grants and subsidies; purposes. For the purposes of
subdivision 5 and to discharge the functions of the department through the establishment
of additional facilities and services to persons committed to the commissioner's care the
commissioner may, subject to the provisions of section 15.43, accept and expend on behalf of the
state, gifts, grants and subsidies from any lawful source; all moneys and securities so received
shall be deposited in the state treasury subject to the order of the commissioner. From the fund to
which such receipts are credited there is hereby appropriated annually to the commissioner of
corrections such gifts, grants and subsidies as are received under the provisions of this subdivision.
    Subd. 6. Corrections; uncompensated and voluntary services; expenses. To assist in the
discharge of the functions of the Corrections Department the commissioner of corrections shall
have authority to accept uncompensated and voluntary services and to enter into contracts or
agreements with private or public agencies or persons for such uncompensated and voluntary
services as the commissioner may deem practicable. Persons rendering voluntary uncompensated
services as herein authorized may be reimbursed for travel expenses paid or incurred in the
performance of such official duties as may be assigned them at the same rate per mile as state
employees. It is the purpose of this subdivision to provide travel expenses only to those volunteers
who would otherwise be unable to afford to perform volunteer services.
    Subd. 7. Use of facilities by outside agencies. The commissioner of corrections may
authorize and permit public or private social service, educational, or rehabilitation agencies or
organizations, and their clients; or lawyers, insurance companies, or others; to use the facilities,
staff, and other resources of correctional facilities under the commissioner's control and may
require the participating agencies or organizations to pay all or part of the costs thereof. All sums
of money received pursuant to the agreements herein authorized shall not cancel until the end
of the fiscal year immediately following the fiscal year in which the funds were received. The
funds are available for use by the commissioner during that period, and are hereby appropriated
annually to the commissioner of corrections for the purposes of this subdivision.
The commissioner may provide meals for staff and visitors for efficiency of operation and
may require the participants to pay all or part of the costs of the meals. All sums of money
received under this provision are appropriated to the commissioner and shall not cancel until the
end of the fiscal year immediately following the fiscal year in which the funds were received.
    Subd. 8.[Repealed, 1981 c 192 s 21]
    Subd. 9. Leases for correctional facility property. Money collected as rent under section
16B.24, subdivision 5, for state property at any of the correctional facilities administered by
the commissioner of corrections is appropriated to the commissioner and is dedicated to the
correctional facility from which it is generated. Any balance remaining at the end of the fiscal
year shall not cancel and is available until expended.
    Subd. 10. Purchasing for prescription drugs. In accordance with section 241.021,
subdivision 4
, the commissioner may contract with a separate entity to purchase prescription drugs
for persons confined in institutions under the control of the commissioner. Local governments
may participate in this purchasing pool in order to purchase prescription drugs for those persons
confined in local correctional facilities in which the local government has responsibility for
providing health care. If any county participates, the commissioner shall appoint a county
representative to any committee convened by the commissioner for the purpose of establishing a
drug formulary to be used for state and local correctional facilities.
History: 1959 c 263 s 1; 1961 c 465 s 1; 1963 c 492 s 1; 1965 c 45 s 11,12; 1969 c 283 s
1,2; 1969 c 496 s 1; 1969 c 1129 art 8 s 5; 1971 c 657 s 1; 1973 c 82 s 1; 1973 c 94 s 1,2;
1973 c 500 s 1; 1973 c 507 s 45; 1973 c 654 s 15; 1975 c 304 s 1,2; 1975 c 434 s 26; 1976 c
63 s 1; 1977 c 305 s 28,29; 1979 c 102 s 13; 1980 c 617 s 47; 1982 c 527 s 1; 1983 c 264 s 1;
1Sp1985 c 9 art 2 s 25; 1986 c 444; 1991 c 238 art 1 s 11; 1993 c 146 art 2 s 12; 1995 c 248
art 11 s 17; 1997 c 7 art 2 s 30; 1997 c 239 art 9 s 7,8; 1998 c 366 s 63; 1998 c 367 art 9 s 2,3;
1999 c 126 s 3; 1Sp2005 c 4 art 5 s 3
241.015 [Repealed, 1998 c 366 s 90]
241.016 ANNUAL PERFORMANCE REPORT REQUIRED.
    Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house
committees and divisions having jurisdiction over criminal justice funding by January 15, 2005,
and every other year thereafter. The issuance and content of the report must include the following:
    (1) department strategic mission, goals, and objectives;
    (2) the department-wide per diem, adult facility-specific per diems, and an average per diem,
reported in a standard calculated method as outlined in the departmental policies and procedures;
    (3) department annual statistics as outlined in the departmental policies and procedures; and
    (4) information about prison-based mental health programs, including, but not limited to, the
availability of these programs, participation rates, and completion rates.
    (b) The department shall maintain recidivism rates for adult facilities on an annual basis. In
addition, each year the department shall, on an alternating basis, complete a recidivism analysis of
adult facilities, juvenile services, and the community services divisions and include a three-year
recidivism analysis in the report described in paragraph (a). The recidivism analysis must: (1)
assess education programs, vocational programs, treatment programs, including mental health
programs, industry, and employment; and (2) assess statewide re-entry policies and funding,
including postrelease treatment, education, training, and supervision. In addition, when reporting
recidivism for the department's adult and juvenile facilities, the department shall report on the
extent to which offenders it has assessed as chemically dependent commit new offenses, with
separate recidivism rates reported for persons completing and not completing the department's
treatment programs.
    Subd. 2.[Repealed, 2001 c 210 s 30]
History: 1998 c 408 s 14; 1999 c 216 art 4 s 2; 2001 c 210 s 2; 1Sp2003 c 2 art 5 s 2; 2006 c
260 art 4 s 3; 2007 c 54 art 6 s 4
241.018 PER DIEM CALCULATION.
    Subdivision 1. State correctional facilities. (a) The commissioner of corrections shall
develop a uniform method to calculate the average department-wide per diem cost of incarcerating
offenders at state adult correctional facilities. In addition to other costs currently factored into
the per diem, it must include an appropriate percentage of capitol costs for all adult correctional
facilities and 65 percent of the department's management services budget.
    (b) The commissioner also shall use this method of calculating per diem costs for offenders
in each state adult correctional facility. When calculating the per diem cost of incarcerating
offenders at a particular facility, the commissioner shall include an appropriate percentage of
capital costs for the facility and an appropriate prorated amount, given the facility's population, of
65 percent of the department's management services budget.
    (c) The commissioner shall ensure that these new per diem methods are used in all future
annual performance reports to the legislature and are also reflected in the department's biennial
budget document.
    Subd. 2. Local correctional facilities. (a) The commissioner of corrections shall develop a
uniform method to calculate the average per diem cost of incarcerating offenders in county
and regional jail facilities licensed by the commissioner under section 241.021, subdivision 1,
paragraph (a).
    (b) Each county and regional jail in the state must annually provide the commissioner
with a per diem calculation based on the formula the commissioner promulgates pursuant to
paragraph (a).
    (c) The commissioner shall include the county and regional jail per diem data collected under
paragraph (b) in the Department of Correction's annual performance report to the legislature
mandated by section 241.016.
History: 2000 c 488 art 7 s 1; 2001 c 210 s 3; 2007 c 54 art 6 s 5
241.02 TRANSFER OF POWERS AND DUTIES.
    Subdivision 1. State prisons and reformatories. All the powers and duties now vested in or
imposed upon the commissioner of human services relating to the administration, management,
and operation of the state prison, the state reformatory for men, and the Minnesota Correctional
Institution for Women are hereby transferred to, vested in, and imposed upon the commissioner
of corrections. All the powers and duties now vested in the commissioner of human services in
relation to such institutions are hereby abolished.
    Subd. 2. Prisons, jails and lockups. All the powers and duties now vested in, or imposed
upon the commissioner of human services relating to prisons, jails, and lockups, as contained
in sections 256.02, 641.21, 641.22, 641.25, 641.26, 642.01, 642.02, 642.09, 642.10, and 642.11
are hereby transferred to, vested in, and imposed upon the commissioner of corrections. All the
powers and duties now vested in the commissioner of human services in relation to such prisons,
jails, and lockups, are hereby abolished.
History: 1959 c 263 s 2; 1967 c 398 s 4; 1984 c 654 art 5 s 58

LICENSING OF INSTITUTIONS

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

FACILITY GRANT AND SUBSIDY PROGRAMS

241.022 GRANTS-IN-AID TO COUNTIES FOR ADULT DETENTION FACILITIES
AND PROGRAMS.
    Subdivision 1. Authorization to make facility grants. The commissioner of corrections
may, out of money appropriated for the purposes of this section, make grants to counties or groups
of counties for the purpose of assisting those counties to construct or rehabilitate local adult
detention facilities and to assist counties or groups of counties in the construction or rehabilitation
of regional jails and lockups, work houses, or work farms, and detention and treatment facilities
for adult offenders.
    Subd. 2.MS 1990 [Renumbered subd 4]
    Subd. 2. Authorization to make program grants. The commissioner of corrections may,
out of money appropriated for the purposes of this section, make grants to counties or groups of
counties for the purpose of assisting those counties to develop and maintain adequate programs
and personnel for the education, training, treatment and rehabilitation of persons admitted to
the facilities described in subdivision 1. Eligible programs also include, but are not limited to,
alternatives to detention or incarceration programs containing home detention components.
    Subd. 3.MS 1990 [Renumbered subd 5]
    Subd. 3. Federal funds. The commissioner may also receive grants of funds from the federal
government or any other lawful source for the purposes of subdivisions 1 and 2. These funds are
appropriated annually to the commissioner.
    Subd. 4.MS 1990 [Renumbered subd 6]
    Subd. 4. Minimum standards for facilities. The commissioner shall establish minimum
standards for the construction, rehabilitation, size, area to be served, training and treatment
programs, and staff qualifications in adult facilities to be rehabilitated or constructed. Compliance
with these standards constitutes a minimum requirement for the granting of assistance as provided
by this section.
    Subd. 5.MS 1990 [Renumbered subd 7]
    Subd. 5. Application for facility grants. (a) A county or group of counties operating
any of the adult facilities described in subdivision 1 or desiring to construct and operate or to
rehabilitate existing facilities may apply for assistance under this section by submitting to the
commissioner of corrections for approval its plans, specifications, budget, program for training
and treatment, and staffing pattern, including personnel qualifications. The commissioner
may recommend changes or modifications as the commissioner considers necessary to effect
substantial compliance with the standards provided 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 groups of counties an amount not more than 50 percent of the cost of construction or
rehabilitation of the facilities described in this section.
(b) In the case of improvement of a program and continued operation of a program in an
adult regional facility as described in subdivision 2, the commissioner may pay to the governing
board of the facility a sum not more than $1,800 per year for each adult bed.
    Subd. 6. Inspection. The commissioner shall inspect at least annually each adult facility
covered by this section and review its projected annual operating costs to insure continued
compliance with minimum standards, and may withhold funds for noncompliance.
    Subd. 7. Limitation of grants to future projects. Completion and acceptance of new
construction or rehabilitation of existing facilities must occur after July 1, 1991, to enable a
county or group of counties to receive any sums provided by this section.
History: 1971 c 735 s 1; 1986 c 444; 1991 c 292 art 8 s 4
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 onetime 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 onetime 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 onetime 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 onetime 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.
History: 1991 c 292 art 8 s 5; 1998 c 386 art 2 s 71; 1999 c 126 s 4,5; 1999 c 139 art
4 s 2; 1999 c 216 art 4 s 3
241.0222 CONTRACTS WITH NEWLY CONSTRUCTED JAIL FACILITIES THAT
PROVIDE ACCESS TO CHEMICAL DEPENDENCY TREATMENT PROGRAMS.
Notwithstanding section 16C.05, subdivision 2, the commissioner may enter into contracts,
up to five years in duration, with a county or group of counties to house inmates committed
to the custody of the commissioner in newly constructed county or regional jail facilities that
provide inmates access to chemical dependency treatment programs licensed by the Department
of Human Services. A contract entered into under this section may contain an option to renew the
contract for a term of up to five years.
History: 2006 c 260 art 4 s 4
NOTE: This section was also added by Laws 2006, chapter 258, section 37, to read as
follows:
"241.0222 CONTRACTS WITH NEWLY CONSTRUCTED JAIL FACILITIES THAT
PROVIDE ACCESS TO CHEMICAL DEPENDENCY TREATMENT PROGRAMS.
Notwithstanding any law to the contrary, the commissioner is expressly authorized to enter
into contracts, up to five years in duration, with a county or group of counties to house inmates
committed to the custody of the commissioner in newly constructed county or regional jail
facilities that provide inmates access to chemical dependency treatment programs licensed by the
Department of Human Services. A contract entered into under this section may contain an option
to renew the contract for a term of up to five years."

CORRECTIONAL FACILITY DESIGNATION

241.023 MS 1975 Supp [Repealed, 1976 c 149 s 63]
241.023 DESIGNATION OF STATE CORRECTIONAL FACILITIES.
    Subdivision 1. Reference change. All references in the Minnesota Statutes to the state
training school, the Minnesota Home School, the state prison, the state reformatory, and the
Minnesota Correctional Institution for Women shall, after August 1, 1979, be deemed to refer to a
Minnesota correctional facility designated by its geographical location.
    Subd. 2. Geographical area designation. Any state correctional facility now or hereafter
established shall be designated as a Minnesota correctional facility according to the geographical
area in which located.
History: 1979 c 102 s 11

CHIEF EXECUTIVE OFFICER DESIGNATION

241.024 DESIGNATION OF CHIEF EXECUTIVE OFFICERS OF STATE
CORRECTIONAL FACILITIES.
The warden or superintendent of each Minnesota correctional facility, now or hereafter
established shall, after August 1, 1979, be designated as the chief executive officer of the facility.
History: 1979 c 102 s 12

FUGITIVE APPREHENSION UNIT

241.025 DEPARTMENT OF CORRECTIONS FUGITIVE APPREHENSION UNIT.
    Subdivision 1. Authorization. The commissioner of corrections may appoint peace officers,
as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the classified service
subject to the provisions of section 43A.01, subdivision 2, and establish a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), known as the Department of
Corrections Fugitive Apprehension Unit, to perform the duties necessary to make statewide
arrests under sections 629.30 and 629.34. The jurisdiction of the law enforcement agency is
limited to the arrest of Department of Corrections' discretionary and statutory released violators
and Department of Corrections' escapees.
    Subd. 2. Limitations. The initial processing of a person arrested by the fugitive apprehension
unit for an offense within the agency's jurisdiction is the responsibility of the fugitive apprehension
unit unless otherwise directed by the law enforcement agency with primary jurisdiction. A
subsequent investigation is the responsibility of the law enforcement agency of the jurisdiction in
which a new crime is committed. The fugitive apprehension unit members are not authorized
to apply for a search warrant as prescribed in section 626.05.
    Subd. 3. Policies. The fugitive apprehension unit must develop and file all policies required
under state law for law enforcement agencies. The fugitive apprehension unit also must develop a
policy for contacting law enforcement agencies in a city or county before initiating any fugitive
surveillance, investigation, or apprehension within the city or county. These policies must be filed
with the board of peace officers standards and training by November 1, 2000. Revisions of any of
these policies must be filed with the board within ten days of the effective date of the revision.
The Department of Corrections shall train all of its peace officers regarding the application of
these policies.
    Subd. 4. Chief law enforcement officer. The commissioner of corrections shall appoint a
full-time peace officer, who shall serve in the classified service subject to the provisions of section
43A.01, subdivision 2, to be the chief law enforcement officer and to be responsible for the
management of the fugitive apprehension unit. The chief law enforcement officer shall possess
the necessary police and management experience to manage a law enforcement agency. The chief
law enforcement officer will have supervisory responsibility for all fugitive apprehension unit
members as defined in section 179A.03, subdivision 17. Supervisory personnel must be available
any time fugitive apprehension unit members are on duty. The chief law enforcement officer may
not hire part-time peace officers as defined in section 626.84, subdivision 1, paragraph (d).
    Subd. 5. Emergencies. (a) The commissioner of corrections shall ensure that all emergency
vehicles used by the fugitive apprehension unit are equipped with radios capable of receiving and
transmitting on the same frequencies used by the law enforcement agencies that have primary
jurisdiction.
(b) When the fugitive apprehension unit receives an emergency call, it shall notify the public
safety agency with primary jurisdiction and coordinate the appropriate response.
(c) Fugitive apprehension unit officers shall notify the primary jurisdiction of their response
to the emergency.
    Subd. 6. Compliance. Except as otherwise provided in this section, the fugitive apprehension
unit shall comply with all other statutes to include all deadly force training requirements as
defined in section 626.8452 and all administrative rules relating to the operation and management
of a law enforcement agency.
History: 2000 c 291 s 1; 2005 c 10 art 2 s 4

CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES

241.026 CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES.
    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Correctional officer" and "officer" mean a person employed by the state, a state
correctional facility, or a local correctional or detention facility in a security capacity.
(c) "Formal statement" means the questioning of an officer in the course of obtaining a
recorded, stenographic, or signed statement to be used as evidence in a disciplinary proceeding
against the officer.
    Subd. 2. Applicability. The procedures and provisions of this section apply to state and
local correctional authorities.
    Subd. 3. Governing formal statement procedures. The formal statement of an officer must
be taken according to subdivision 4.
    Subd. 4. Place of formal statement. The formal statement must be taken at a facility of
the employing or investigating agency or at a place agreed to by the investigating individual
and the investigated officer.
    Subd. 5. Admissions. Before an officer's formal statement is taken, the officer shall be
advised in writing or on the record that admissions made in the course of the formal statement
may be used as evidence of misconduct or as a basis for discipline.
    Subd. 6. Disclosure of financial records. No employer may require an officer to produce
or disclose the officer's personal financial records except pursuant to a valid search warrant or
subpoena.
    Subd. 7. Release of photographs. No state or local correctional facility or governmental
unit may publicly release photographs of an officer without the written permission of the officer,
except that the facility or unit may display a photograph of an officer to a prospective witness as
part of an agency or unit investigation.
    Subd. 8. Disciplinary letter. No disciplinary letter or reprimand may be included in an
officer's personnel record unless the officer has been given a copy of the letter or reprimand.
    Subd. 9. Retaliatory action prohibited. No officer may be discharged, disciplined, or
threatened with discharge or discipline as retaliation for or solely by reason of the officer's
exercise of the rights provided by this section.
    Subd. 10. Rights not reduced. The rights of officers provided by this section are in addition
to and do not diminish the rights and privileges of officers that are provided under an applicable
collective bargaining agreement or any other applicable law.
History: 2005 c 136 art 13 s 3
241.03 [Repealed, 1973 c 654 s 14]
241.04 [Repealed, 1973 c 654 s 14]
241.045    Subdivision 1.[Repealed, 1983 c 274 s 19]
    Subd. 2.[Repealed, 1983 c 274 s 19]
    Subd. 3.[Repealed, 1983 c 274 s 19]
    Subd. 3a.[Repealed, 1983 c 274 s 19]
    Subd. 4.[Repealed, 1983 c 274 s 19]
    Subd. 5.[Repealed, 1976 c 134 s 79; 1983 c 274 s 19]
    Subd. 6.[Repealed, 1983 c 274 s 19]
    Subd. 7.[Repealed, 1983 c 274 s 19]
    Subd. 8.[Repealed, 1983 c 274 s 19]

RELIGION

241.05 RELIGIOUS ACTIVITIES.
The commissioner of corrections shall allow inmates of all prisons and reformatories under
the commissioner's control to participate in religious activities, during which members of the
clergy of good standing in any church or denomination may freely administer and impart religious
rites and instruction to those desiring them. No officer or employee of the institution shall attempt
to influence the religious belief of any inmate, and no inmate shall be required to attend religious
services against the inmate's will.
History: (4452) RL s 1903; 1959 c 263 s 2; 1986 c 444; 1998 c 367 art 9 s 5

RECORDS AND TRANSFER OF INMATES

241.06 RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.
    Subdivision 1. General. The commissioner of corrections shall keep in the commissioner's
office, accessible only by the commissioner's consent or on the order of a judge or court of record,
a record showing the residence, sex, age, nativity, occupation, civil condition, and date of entrance
or commitment of every person, inmate, or convict in the facilities under the commissioner's
exclusive control, the date of discharge and whether such discharge was final, the condition of
such person when the person left the facility, and the date and cause of all deaths. The records
shall state every transfer from one facility to another, naming each. This information shall be
furnished to the commissioner of corrections by each facility, with such other obtainable facts as
the commissioner may from time to time require. The chief executive officer of each such facility,
within ten days after the commitment or entrance thereto of a person, inmate, or convict, shall
cause a true copy of the entrance record to be forwarded to the commissioner of corrections.
When a person, inmate, or convict leaves, is discharged or transferred, or dies in any facility, the
chief executive officer, or other person in charge shall inform the commissioner of corrections
within ten days thereafter on forms furnished by the commissioner.
The commissioner of corrections may authorize the chief executive officer of any facility
under the commissioner's control to release to probation officers, local social services agencies
or other specifically designated interested persons or agencies any information regarding any
person, inmate, or convict thereat, if, in the opinion of the commissioner, it will be for the benefit
of the person, inmate, or convict.
    Subd. 2. Sex offender information provided to supervising corrections agency. When
an offender who is required to register as a predatory offender under section 243.166 is being
released from prison, the commissioner shall provide to the corrections agency that will supervise
the offender, the offender's prison records relating to psychological assessments, medical and
mental health issues, and treatment.
    Subd. 3. Substance abuse information provided to supervising corrections agency. When
an offender is being released from prison, the commissioner shall provide to the corrections
agency that will supervise the offender prison records relating to that offender's prison-based
substance abuse assessments, treatment, and any other substance abuse-related services provided
to the offender. If the offender did not participate in the prison-based substance abuse program to
which the offender was directed, the commissioner shall provide the supervising agency with an
explanation of the reasons.
History: 1961 c 750 s 13 subd 2; 1979 c 102 s 13; 1986 c 444; 1994 c 631 s 31; 2005 c
136 art 3 s 3; 2006 c 260 art 4 s 5
241.065 CONDITIONAL RELEASE DATA SYSTEM.
    Subdivision 1. Definition. As used in this section, "conditional release" means probation,
conditional release, and supervised release.
    Subd. 2. Establishment. The Department of Corrections shall administer and maintain a
computerized data system for the purpose of assisting criminal justice agencies in monitoring and
enforcing the conditions of conditional release imposed on criminal offenders by a sentencing
court or the commissioner of corrections. The adult data and juvenile data as defined in section
260B.171 in the statewide supervision system are private data as defined in section 13.02,
subdivision 12
, but are accessible to criminal justice agencies as defined in section 13.02,
subdivision 3a
, to public defenders as provided in section 611.272, to all trial courts and appellate
courts, and to criminal justice agencies in other states in the conduct of their official duties.
    Subd. 3. Authority to enter or retrieve data. Only criminal justice agencies may submit
data to the statewide supervision system and only persons who are authorized users under
subdivision 2 may obtain data from the system. The commissioner of corrections may require
that any or all information be submitted to the statewide supervision system. A consent to the
release of data in the statewide supervision system from the individual who is the subject of the
data is not effective.
    Subd. 4. Procedures. The Department of Corrections shall adopt procedures to provide for
the orderly collection, entry, retrieval, and deletion of data contained in the statewide supervision
system.
History: 1998 c 367 art 7 s 6; 2000 c 377 s 2,3; 1Sp2001 c 8 art 6 s 4; 2002 c 233 s 3-5
241.07 TRANSFER OF INMATES TO OTHER STATE INSTITUTIONS.
The commissioner of corrections may transfer an inmate of any state correctional facility to a
state institution under the control of the commissioner of human services or to a private medical
facility for diagnosis, treatment, or care which is not available at any state correctional facility
and shall cause a proper record to be made at the institutions or facility to which a transfer has
been made and at the commissioner's office. No transfer shall be made by the commissioner of
corrections without the approval of the commissioner of human services or the chief executive
officer of the private facility. An inmate of any state correctional facility so transferred shall be
returned to the correctional facility from which transferred by order of the commissioner of
corrections upon conclusion of treatment, or, if the inmate becomes eligible for release from
custody pursuant to the terms of the sentence prior to conclusion of treatment, the inmate shall
be released unless, before conclusion of treatment, the inmate has been committed to a medical
institution by competent authority as provided by law. The superintendent of any state institution
or the chief executive officer of any private facility shall at once notify the commissioner of
corrections if there is any question as to the propriety of the commitment or detention of any
inmate admitted to their institution or facility and the commissioner shall immediately take
action on the question.
History: 1961 c 750 s 14 subd 2; 1967 c 398 s 4; 1979 c 102 s 13; 1980 c 357 s 14; 1981 c
192 s 1; 1984 c 654 art 5 s 58; 1986 c 444

MONEY AND FUNDS

241.08 MONEY OF INMATES OF CORRECTIONAL INSTITUTIONS.
    Subdivision 1. Commissioner custodian of money. The chief executive officer of each
institution under the jurisdiction of the commissioner of corrections shall have the care and
custody of all money belonging to inmates thereof which may come into the chief executive
officer's hands, keep accurate accounts thereof, and pay them out under rules prescribed by law
under section 243.23, subdivision 3, or by the commissioner of corrections, taking vouchers
therefor. All such money received by any officer or employee shall be paid to the chief executive
officer forthwith. Every such executive officer, at the close of each month, or oftener if required
by the commissioner, shall forward to the commissioner a statement of the amount of all money
so received and the names of the inmates from whom received, accompanied by a check for the
amount, payable to the commissioner of finance. On receipt of such statement, the commissioner
shall transmit the same to the commissioner of finance, together with such check. Upon the
payment of such check, the amount shall be credited to a fund to be known as "Correctional
Inmates Fund," for the institution from which the same was received. All such funds shall be
paid out by the commissioner of finance upon vouchers duly approved by the commissioner of
corrections as in other cases. The commissioner may permit a contingent fund to remain in the
hands of the executive officer of any such institution from which necessary expenditure may
from time to time be made.
    Subd. 2. Inmate bank deposits. Notwithstanding the provisions of subdivision 1 or other
law to the contrary, the commissioner of corrections may permit the inmates of the institutions
under the commissioner's control to deposit money in a bank or other financial institution. The
commissioner shall establish rules governing the deposits and shall require each inmate to
maintain at the institution in which confined an amount adequate for the inmate's needs during the
period of confinement and to assist the inmate upon release therefrom on parole or by discharge.
History: 1961 c 750 s 15 subd 3; 1973 c 69 s 1; 1973 c 492 s 14; 1980 c 509 s 95; 1985 c
248 s 70; 1986 c 444; 1987 c 252 s 2; 1991 c 326 s 9; 2003 c 112 art 2 s 28
241.09 UNCLAIMED MONEY OR PERSONAL PROPERTY OF INMATES OF
CORRECTIONAL FACILITIES.
    Subdivision 1. Money. When the chief executive officer of any state correctional facility
under the jurisdiction of the commissioner of corrections obtains money belonging to inmates
of the facility who have died, been released or escaped, and the chief executive officer knows
no claimant or person entitled to it, the chief executive officer shall, if the money is unclaimed
within six months, deposit it in the inmate social welfare fund for the benefit of the inmates of
the facility. No money shall be so deposited until it has remained unclaimed for at least six
months. If, at any time after the expiration of the six months, the inmate or the legal heirs appear
and make proper proof of identity or heirship, the inmate or heirs are entitled to receive from
the commissioner of finance any money belonging to the inmate and deposited in the inmate
social welfare fund pursuant to this subdivision.
    Subd. 2. Unclaimed personal property. When any inmate of a state correctional facility
under the jurisdiction of the commissioner of corrections has died, been released or escaped
therefrom leaving in the custody of the chief executive officer thereof personal property, other
than money, which remains unclaimed for a period of 90 days, and the chief executive officer
knows no person entitled to it, the chief executive officer or the chief executive officer's agent may
sell or otherwise dispose of the property in the manner provided by law for the sale or disposition
of state property. The proceeds of any sale, after deduction of the costs shall be deposited in the
inmate social welfare fund for expenditure as provided in subdivision 1. Any inmate whose
property has been sold under this subdivision, or heirs of the inmate, may file with, and make
proof of ownership to, the chief executive officer of the institution who caused the sale of the
property within two years after the sale, and, upon satisfactory proof to the chief executive officer,
the chief executive officer shall certify to the commissioner of finance the amount received by the
sale of such property for payment to the inmate or heirs. No suit shall be brought for damages
consequent to the disposal of personal property or use of money in accordance with this section
against the state or any official, employee, or agent thereof.
History: 1961 c 750 s 16 subd 2; 1979 c 102 s 13; 1981 c 192 s 2; 1986 c 444; 1993 c
326 art 8 s 3; 2003 c 112 art 2 s 50
241.10 DISPOSAL OF FUNDS; CORRECTIONAL INSTITUTIONS.
Every officer and employee of the several institutions under the jurisdiction of the
commissioner of corrections shall pay to the accounting officer thereof any funds in the officer's
or employee's hands belonging to the institution. Every accounting officer, at the close of each
month or oftener, shall forward to the commissioner of corrections a statement of the amount
and sources of all money received. On receipt of the statement, the commissioner shall transmit
the same to the commissioner of finance, who shall deliver a draft upon the accounting officer
for the same, specifying the funds to which it is to be credited. Upon payment of such draft, the
amount shall be so credited.
History: 1961 c 750 s 17 subd 2; 1973 c 492 s 14; 1986 c 444; 2003 c 112 art 2 s 29
241.105 SOCIAL SECURITY ADMINISTRATION INCENTIVE PAYMENTS; INMATE
DISCHARGE PLANNING.
Money received by the commissioner of corrections from the Social Security Administration
as a result of the incentive payment agreement under the Personal Responsibility and Work
Opportunity Reconciliation Act, Public Law 104-193, section 1611(e)(1), and Public Law
106-170, section 202(x)(3), is appropriated to the commissioner of corrections for discharge
planning for inmates with mental illness.
History: 2006 c 260 art 4 s 6
NOTE: This section, as added by Laws 2006, chapter 260, article 4, section 6, is effective
July 1, 2007. Laws 2006, chapter 260, article 4, section 6, the effective date.

FIRE PROTECTION

241.11 PROTECTION AGAINST FIRE.
The commissioner of corrections shall provide at each institution adequate and ready means
of protection against fire, construct proper means of escape for inmates, and establish and enforce
rigid rules by which danger from fire may be minimized.
History: 1961 c 750 s 18; 1985 c 248 s 70
241.12 [Repealed, 1973 c 400 s 2]

CONTINGENT ACCOUNT

241.13 CONTINGENT ACCOUNT; DAMAGE DEPOSITS; CORRECTIONAL
INSTITUTIONS.
    Subdivision 1. Contingent account. The commissioner of corrections may permit a
contingent account to remain in the hands of the accounting officer of any such institution from
which expenditures may be made in case of actual emergency requiring immediate payment to
prevent loss or danger to the institution or its inmates and for the purpose of paying freight,
purchasing produce, livestock and other commodities requiring a cash settlement, and for the
purpose of discounting bills incurred, but in all cases subject to revision by the commissioner
of corrections. An itemized statement of every expenditure made during the month from such
account shall be submitted to the commissioner under rules established by the commissioner. If
necessary, the commissioner shall make proper requisition upon the commissioner of finance for a
warrant to secure the contingent account for each institution.
    Subd. 2. Damage deposits. The commissioner of corrections shall collect a damage deposit
from all staff who reside in housing on the grounds of the Thistledew Corrections Camp at Togo,
Minnesota and deposit the moneys in a savings account in a bank at interest. Withdrawals
therefrom may be made to defray the cost of any damage to the residence caused by the tenant
or to return the deposit to the tenant with accrued interest if the residence is vacated without
damage. The commissioner shall keep accurate records in the name of each tenant so that the
interest may be credited to the proper account.
History: 1961 c 750 s 20 subd 2; 1973 c 492 s 14; 1981 c 360 art 1 s 17; 1986 c 444;
2003 c 112 art 2 s 30

EMPLOYMENT EXAMINATIONS

241.14 PHYSICAL EXAMINATIONS FOR EMPLOYMENT IN CORRECTIONAL
FACILITIES.
No new employee shall begin employment in any correctional facility under the direction of
the Department of Corrections, whether certified for employment by the Department of Employee
Relations, or otherwise selected, unless the person presents to the appointing officer of the
correctional facility a certificate from a duly licensed physician showing that the employee has
undergone a physical examination and has been found to be free of tuberculosis.
History: 1961 c 750 s 21; 1973 c 507 s 45; 1979 c 102 s 13; 1980 c 617 s 47; 1981 c 192 s 3
241.15 [Repealed, 1981 c 192 s 21]

CEMETERY AND BURIAL

241.16 CEMETERY AT CORRECTIONAL FACILITIES.
    Subdivision 1. Cemetery establishment. The commissioner of corrections may establish,
maintain, or continue in existence, a cemetery for the burial of any patient, inmate or person
admitted to any state facility under the commissioner's control upon the public grounds of such
facility in the manner set forth in the following subdivisions.
    Subd. 2. Surveyance. The land shall be surveyed and a plat thereof made.
    Subd. 3. Monument. A stone or other monument shall be established to mark each corner of
such cemetery, and its location shown on the plat.
    Subd. 4. Plat; lots. The cemetery shall be platted into lots, which shall be numbered; it shall
have streets and walks, and the same shall be shown on the plat. All containing graves shall be
indicated by an appropriate marker of permanent nature for identification purposes.
    Subd. 5. Certification of plat. The surveyor shall certify as to the correctness of the plat
by an endorsement thereon.
    Subd. 6. Plat recorded. The plat with the surveyor's endorsement thereon shall be filed for
record with the county recorder in the county wherein the cemetery is located. A copy of the plat
shall be kept in the office of the chief executive officer of the facility, together with a register
showing the name of the persons buried in the cemetery and the lot in which they are buried.
History: 1961 c 750 s 23; 1976 c 181 s 2; 1979 c 102 s 13; 1986 c 444
241.17 REBURIAL.
    Subdivision 1. Removal of buried person. The commissioner of corrections may remove
the body of any person now buried in a cemetery situated upon the land belonging to the state for
public institution purposes and rebury it in a cemetery created under the provisions of section
241.16 by complying with the provisions set forth in the following subdivisions of this section.
    Subd. 2. Petition for removal. The commissioner shall petition the district court of the
county wherein the present cemetery is situated setting forth the reasons for such removal, the
place to which the body is to be removed, and praying for an order of the court authorizing
such removal. Upon the presentation of such petition, the court shall make its order setting the
time, which shall not be less than 60 days from the date of the order, and the place for hearing
the same. The commissioner shall serve the nearest relative or, if the commissioner cannot
locate any relative, some friend of the person whose body is to be removed by mailing to the
friend or relative a copy of the petition and court's order 30 days before the date of hearing and
file the commissioner's affidavit of mailing with the court administrator of district court. If the
commissioner is unable to locate a relative or friend, the commissioner shall make an affidavit to
that effect and file the same with the court administrator of district court.
    Subd. 3. Hearing. Upon the hearing of such petition, if the court determines that it is for
the best interests of the public, the relatives and friends that such body be removed and that the
same will be conducted in a manner commensurate with the methods commonly employed for the
reburial of the dead in the community, the court shall make its order authorizing such removal,
setting forth the time within which such removal shall be accomplished and the place to which the
body is to be removed. Upon completion of such removal, the director shall cause the name of
the person so removed to be entered in the register, together with the number of the lot in the
cemetery and file an affidavit thereof with the court administrator of district court.
History: 1961 c 750 s 24; 1986 c 444; 1Sp1986 c 3 art 1 s 82
241.18 ABANDONMENT OF CEMETERY; COURT ORDER.
If the court makes its order under the provisions of section 241.17 authorizing the removal
of bodies from a cemetery and the same is accomplished in accordance with such order and
the commissioner files affidavits of such removal as hereinbefore provided, together with the
commissioner's affidavit that the commissioner has caused a thorough search to be made, and
there are no more dead bodies remaining in such cemetery to the best of the commissioner's
knowledge, information and belief, the court may make its order authorizing the abandonment of
such cemetery and thereby discontinue its use as such.
History: 1961 c 750 s 25; 1986 c 444
241.19 [Repealed, 2001 c 210 s 30]

CONSERVATION WORK

241.20 INMATES TO DO CONSERVATION WORK.
Whenever the commissioner of corrections deems it conducive to the rehabilitation of
inmates of correctional institutions under the commissioner's control the commissioner may
use selected inmates in the general improvement, maintenance, conservation, reforestation,
soil erosion control, soil rehabilitation, and cultivation of any land within the control of the
commissioner and, pursuant to agreement with the head of any other state department or agency,
of lands under control of such department or agency.
History: (10846-11) 1935 c 297 s 1; 1957 c 440 s 1; 1959 c 263 s 2; 1986 c 444
241.21 INMATES AVAILABLE TO STATE DEPARTMENTS.
To carry out the purposes of section 241.20, the commissioner of corrections may make
inmates available to the head of any state department or agency for work upon any land which
is within the jurisdiction or control of such department or agency, and the commissioner of
corrections and the head of any state department or agency having land under its jurisdiction or
control may enter into written agreements upon such terms as may be necessary to provide for the
use and the orderly supervision of such inmates.
History: (10846-12) 1935 c 297 s 2; 1957 c 440 s 2; 1959 c 263 s 2
241.22 MAY EXPEND MONEY.
For the purposes of sections 241.20 to 241.23, the commissioner of corrections may
lawfully expend money from the current expense appropriations, revolving funds, and building
appropriations of any state correctional facility under the commissioner's control, including the
contingent fund appropriated to the commissioner of corrections.
History: (10846-13) 1935 c 297 s 3; 1959 c 263 s 2; 1971 c 24 s 21; 1979 c 102 s 13;
1981 c 192 s 4
241.23 CHIEF EXECUTIVE OFFICER TO MAKE SELECTION.
When inmates are to be used in any work authorized by sections 241.20 to 241.23, they shall
be selected, with the approval of the commissioner of corrections, by the chief executive officer of
any state adult correctional facility, in the following manner and order of preference:
(1) Suitable inmates of state adult minimum security facilities;
(2) Inmates who are not habitual offenders or guilty of heinous crimes and who, in the opinion
of the chief executive officers of the facilities, are not incorrigible and who are physically capable
and otherwise suitable for the character of the work provided for in sections 241.20 to 241.23.
History: (10846-14) 1935 c 297 s 4; 1959 c 263 s 2; 1971 c 24 s 22; 1979 c 102 s 13;
1983 c 264 s 2
241.24 [Repealed, 1963 c 753 art 2 s 17]
241.25 [Repealed, 1993 c 326 art 8 s 17]

PRESS ACCESS

241.251 PRESS ACCESS FOR INMATES.
    Subdivision 1. Right of press access. Any inmate of a state correctional facility shall be
permitted to speak in person or by phone at the inmate's own expense to any representative of
the public news media, as defined in subdivision 4, on a daily basis between the hours of 8:00
a.m. and 9:00 p.m. except in emergency situations as defined in subdivision 5; provided that it
does not interfere with the inmate's regularly assigned duties. The right to speak in person with a
representative of the news media shall not constitute a regular facility visit.
Correctional authorities may limit the exercise of privileges conferred by this section by any
individual inmate to one telephone call or interview per week.
    Subd. 2. Right of correspondence. Any inmate or group of inmates of a state correctional
facility shall be permitted to correspond by mail with any public news media or representatives
thereof, as defined in subdivision 4, on a regular basis.
    Subd. 3. News media interviews. Subject to the provisions of section 243.55 and the
duty of the chief executive officer to take reasonable precautions to prevent the introduction of
contraband into a correctional facility, representatives of the public news media shall, upon their
own request, be permitted to interview any consenting inmate or representatives of a consenting
group of inmates of the state at the times and under the circumstances described in subdivision
1. Any representative of the public news media who is denied access to a correctional facility
must be given the reasons therefor in writing, and the representative may appeal such denial
to the commissioner of corrections.
    Subd. 4. Definition; news media representative. A "representative of the public news
media" means a person employed by and authorized to represent any television station licensed
by the Federal Communications Commission, any radio station licensed by the Federal
Communications Commission, national wire service, or any newspaper or periodical having a
monthly statewide circulation of at least 1,000 copies.
    Subd. 5. Definition; emergency. An emergency shall be defined as a situation in which, in
the best judgment of the correctional authorities, there is an imminent threat to life, security or
property.
History: 1974 c 560 s 1; 1979 c 102 s 13; 1986 c 444

PRIVATE EMPLOYMENT AND VOCATIONAL TRAINING

241.26 PRIVATE EMPLOYMENT OF INMATES OF STATE CORRECTIONAL
INSTITUTIONS IN COMMUNITY.
    Subdivision 1. Commissioner. When consistent with the public interest and the public
safety, the commissioner of corrections may conditionally release an inmate who is eligible and
being considered for release under section 243.05, to work at paid employment, seek employment,
or participate in a vocational training or educational program. Release under this subdivision
is an extension of the limits of confinement and each inmate so released shall be confined in
the correctional facility from which released or in some other suitable place of confinement
designated by the commissioner of corrections during the hours the inmate is not employed,
seeking employment, or engaged in a vocational training or educational program, or, if employed,
seeking employment, or engaged in a vocational training or educational program, between the
hours of such activity. A reasonable allowance for travel time and meals shall be permitted.
    Subd. 2. Use of local detention facilities. The commissioner of corrections shall designate
state correctional institutions for participation in the program authorized in subdivision 1 and shall
adapt facilities of such institutions to provide housing and supervision of inmates participating
in such program. The commissioner of corrections may also enter into contractual agreements
with appropriate city and county authorities for the confinement of and provision of other
correctional services to such inmates whose employment, educational or vocational training
programs so require, and such city and county authorities are hereby authorized to make and enter
such contracts and agreements. When the commissioner determines that the circumstances of
a participant in the program authorized by subdivision 1 do not require the security of a public
detention facility, the commissioner may contract with public and private agencies for the custody
and separate care of such participant or house the participant in a community correction center or
under house arrest and monitored by electronic surveillance in an approved residence.
    Subd. 3. Rules. The commissioner of corrections shall establish rules for placement and
supervision of such inmates and for administration of programs authorized by this section. When
consistent with the public interest the commissioner may grant furloughs to those inmates
participating in the programs authorized by this section who have spent at least 30 days in a
residential work release center operated by or under the control of the commissioner for a period
of time not to exceed their supervised release date.
    Subd. 4. Revocation. The willful failure of an inmate to report to or return from planned
employment, seeking employment, educational or vocational training, or furlough as provided in
subdivision 3 shall be considered an escape under section 609.485. If an inmate violates any of
the rules provided for in subdivision 3, the inmate's work placement, educational, or vocational
training privileges may be withdrawn by the commissioner.
    Subd. 5. Earnings; work release account. The net earnings of each inmate participating
in the work release program provided by this section may be collected by or forwarded to the
commissioner of corrections for deposit to the account of the inmate in the work release account
in the state treasury, or the inmate may be permitted to collect, retain, and expend the net earnings
from the inmate's employment under rules established by the commissioner of corrections. The
money collected by or forwarded to the commissioner under the rules shall remain under the
control of the commissioner for the sole benefit of the inmate. After making deductions for the
payment of state and local taxes, if necessary, and for repayment of advances and gate money as
provided in section 243.24, wages under the control of the commissioner and wages retained by
the inmate may be disbursed by the commissioner or expended by the inmate for the following
purposes and in the following order:
(1) the cost of the inmate's keep as determined by subdivision 7, which money shall be
deposited in the general fund of the state treasury if the inmate is housed in a state correctional
facility, or shall be paid directly to the place of confinement as designated by the commissioner
pursuant to subdivision 1;
(2) necessary travel expense to and from work and other incidental expenses of the inmate;
(3) support of inmate's dependents, if any;
(4) court-ordered restitution, if any;
(5) fines, surcharges, or other fees assessed or ordered by the court;
(6) contribution to any programs established by law to aid victims of crime, provided that the
contribution must not be more than 20 percent of the inmate's gross wages;
(7) restitution to the commissioner of corrections ordered by a prison disciplinary hearing
officer for damage to property caused by an inmate's conduct;
(8) restitution to staff ordered by a prison disciplinary hearing officer for damage to property
caused by an inmate's conduct;
(9) restitution to another inmate ordered by a prison disciplinary hearing officer for personal
injury to another caused by an inmate's conduct;
(10) after the above expenditures, the inmate shall have discretion to direct payment of the
balance, if any, upon proper proof of personal legal debts;
(11) the balance, if any, shall be disbursed to the inmate as provided in section 243.24,
subdivision 1
.
The commissioner may authorize the payment of court-ordered restitution from an inmate's
wages when the restitution was court ordered as a sanction for the conviction of an offense which
is not the offense of commitment, including offenses which occurred prior to the offense for
which the inmate was committed to the commissioner. All money in the work release account are
appropriated annually to the commissioner of corrections for the purposes of the work release
program.
    Subd. 6. Exemption from process. Wages or salaries of work placement inmates shall
not be subject to garnishment, attachment, or execution in the hands of either the employer or
a state agent authorized to hold such funds.
    Subd. 7. Payment of board and room. The commissioner shall determine the amount
to be paid for board and room by such work placement inmate. When special circumstances
warrant or for just and reasonable cause, the commissioner may waive the payment by the inmate
of board and room charges.
Where a work placement inmate is housed in a jail or workhouse, such board and room
revenue shall be paid over to such city or county official as provided for in subdivision 2, provided
however, that when payment of board and room has been waived, the commissioner shall make
such payments from funds appropriated for that purpose.
History: 1967 c 418 s 1; 1969 c 399 s 1; 1971 c 108 s 1; 1973 c 492 s 7,14; 1973 c 654 s 15;
1975 c 271 s 6; 1978 c 723 art 1 s 12; 1979 c 129 s 1; 1980 c 417 s 6-8; 1983 c 262 art 2 s 1;
1983 c 274 s 1-3; 1985 c 220 s 1,2; 1986 c 444; 1987 c 252 s 3; 1990 c 568 art 2 s 31; 1993 c 326
art 8 s 4; 1994 c 636 art 6 s 3; 1999 c 126 s 6
241.265 HIGHER EDUCATION; CERTAIN PAYMENTS PROHIBITED.
The commissioner may not pay for a college education program beyond the associate of
arts degree level for an inmate convicted of first or second degree murder. The commissioner
of corrections may only pay for an associate of arts college education program for an inmate
convicted of first or second degree murder if the inmate's participation in the program does not
increase the cost of the program to the institution.
History: 1996 c 408 art 8 s 2
241.27 VOCATIONAL TRAINING OF INMATES; MINNESOTA CORRECTIONAL
INDUSTRIES; REVOLVING ACCOUNTS.
    Subdivision 1. Establishment of Minnesota correctional industries; MINNCOR
industries. For the purpose of providing adequate, regular and suitable employment, educational
training, and to aid the inmates of state correctional facilities, the commissioner of corrections
may establish, equip, maintain and operate at any correctional facility under the commissioner's
control such industrial and commercial activities as may be deemed necessary and suitable to
the profitable employment, educational training and development of proper work habits of the
inmates of state correctional facilities. The industrial and commercial activities authorized by this
section are designated MINNCOR industries and shall be for the primary purpose of sustaining
and ensuring MINNCOR industries' self-sufficiency, providing educational training, meaningful
employment and the teaching of proper work habits to the inmates of correctional facilities under
the control of the commissioner of corrections, and not solely as competitive business ventures.
The net profits from these activities shall be used for the benefit of the inmates as it relates to
education, self-sufficiency skills, and transition services and not to fund non-inmate-related
activities or mandates. Prior to the establishment of any industrial and commercial activity,
the commissioner of corrections may consult with representatives of business, industry,
organized labor, the state Department of Education, the state Apprenticeship Council, the state
Department of Labor and Industry, the Department of Employment Security, the Department of
Administration, and such other persons and bodies as the commissioner may feel are qualified
to determine the quantity and nature of the goods, wares, merchandise and services to be made
or provided, and the types of processes to be used in their manufacture, processing, repair, and
production consistent with the greatest opportunity for the reform and educational training of the
inmates, and with the best interests of the state, business, industry and labor.
    The commissioner of corrections shall, at all times in the conduct of any industrial or
commercial activity authorized by this section, utilize inmate labor to the greatest extent feasible,
provided, however, that the commissioner may employ all administrative, supervisory and other
skilled workers necessary to the proper instruction of the inmates and the profitable and efficient
operation of the industrial and commercial activities authorized by this section.
    Additionally, the commissioner of corrections may authorize the director of any correctional
facility under the commissioner's control to accept work projects from outside sources for
processing, fabrication or repair, provided that preference shall be given to the performance of
such work projects for state departments and agencies.
    Subd. 2. Revolving fund; use of fund. There is established in the Department of Corrections
under the control of the commissioner of corrections the Minnesota correctional industries
revolving fund to which shall be transferred the revolving funds authorized in Minnesota Statutes
1978, sections 243.41 and 243.85, clause (f), and any other industrial revolving funds heretofore
established at any state correctional facility under the control of the commissioner of corrections.
The revolving fund established shall be used for the conduct of the industrial and commercial
activities now or hereafter established at any state correctional facility, including but not limited
to the purchase of equipment, raw materials, the payment of salaries, wages and other expenses
necessary and incident thereto. The purchase of services, materials, and commodities used in and
held for resale are not subject to the competitive bidding procedures of section 16C.06, but are
subject to all other provisions of chapters 16B and 16C. When practical, purchases must be
made from small targeted group businesses designated under section 16C.16. Additionally, the
expenses of inmate educational training, self-sufficiency skills, transition services, and the inmate
release fund may be financed from the correctional industries revolving fund in an amount to be
determined by the commissioner or the MINNCOR chief executive officer as duly appointed
by the commissioner. The proceeds and income from all industrial and commercial activities
conducted at state correctional facilities shall be deposited in the correctional industries revolving
fund subject to disbursement as hereinabove provided. The commissioner of corrections may
request that money in the fund be invested pursuant to section 11A.25; the proceeds from the
investment not currently needed shall be accounted for separately and credited to the fund.
    Subd. 3. Disbursement from fund. The correctional industries revolving fund shall be
deposited in the state treasury and paid out only on proper vouchers as may be authorized and
approved by the commissioner of corrections, and in the same manner and under the same
restrictions as are now provided by law for the disbursement of funds by the commissioner. An
amount deposited in the state treasury equal to six months of net operating cash as determined
by the prior 12 months of revenue and cash flow statements, shall be restricted for use only
by correctional industries as described under subdivision 2. For purposes of this subdivision,
"net operating cash" means net income minus sales plus cost of goods sold. Cost of goods sold
include all direct costs of correctional industry products attributable to their production. The
commissioner of corrections is authorized to keep and maintain at any correctional facility under
the commissioner's control a contingent fund, as provided in section 241.13; but the contingent
fund shall at all times be covered and protected by a proper and sufficient bond to be duly
approved as by law now provided.
    Subd. 4. Revolving fund; borrowing. The commissioner of corrections is authorized, when
in the commissioner's judgment it becomes necessary in order to meet current demands on the
correctional industries revolving fund, to borrow sums of money as may be necessary. The sums
so borrowed shall not exceed, in any one year, six months of net operating cash as determined by
the previous 12 months of the correctional industries' revenue and cash flow statements.
    When the commissioner of corrections shall certify to the commissioner of finance that, in
the commissioner's judgment, it is necessary to borrow a specified sum of money in order to meet
the current demands on the correctional industries revolving fund, and the commissioner of
finance may, in the commissioner's discretion, transfer and credit to the correctional industries
revolving fund, from any moneys in the state treasury not required for immediate disbursement,
the whole or such part of the amount so certified as they deem advisable, which sum so transferred
shall be repaid by the commissioner from the revolving fund to the fund from which transferred,
at such time as shall be specified by the commissioner of finance, together with interest thereon at
such rate as shall be specified by the commissioner of finance, not exceeding four percent per
annum. When any transfer shall so have been made to the correctional industries revolving
fund, the commissioner of finance shall notify the commissioner of corrections of the amount so
transferred to the credit of the correctional industries revolving fund, the date when the same is to
be repaid, and the rate of interest so to be paid.
    Subd. 5. Federal grant fund transfers. Grants received from the federal government for any
vocational training program or for administration under the jurisdiction of the commissioner of
corrections shall, in the first instance, be credited to a federal grant fund and shall be transferred
therefrom to the credit of the commissioner of corrections in the appropriate account upon
certification of the commissioner of corrections that the amounts so requested to be transferred
have been earned or are required for the purposes and program intended. Moneys received by the
federal grant fund need not be budgeted as such provided transfers from the fund are budgeted for
allotment purposes in the appropriate appropriation.
History: 1967 c 883 s 1; Ex1967 c 1 s 6; 1975 c 271 s 6; 1976 c 163 s 39; 1979 c 129 s 2;
1980 c 417 s 2; 1Sp1981 c 4 art 1 s 101; 1986 c 444; 1987 c 156 s 1; 1987 c 384 art 2 s 1; 1989 c
352 s 18; 1990 c 541 s 25; 1Sp1995 c 3 art 16 s 13; 1998 c 386 art 2 s 72; 2003 c 112 art 2 s
50; 2003 c 130 s 12; 2007 c 54 art 6 s 6-9

REIMBURSEMENT OF LOCAL GOVERNMENTS

241.271 REIMBURSEMENT OF COUNTIES AND MUNICIPALITIES; BUDGET
REQUEST.
The Department of Corrections shall include in its budget requests such amounts as may be
claimed by any county or municipality necessary to reimburse said county or municipality for
expenses of a county attorney or sheriff or municipal police department resulting from activities
involving inmates of state correctional institutions located in its county or municipality.
History: 1974 c 557 s 11

CORRECTIONAL FEE COLLECTION

241.272 FEE COLLECTION.
    Subdivision 1. Definition. (a) As used in this section, the following terms have the meanings
given them:
(b) "Correctional fees" include fees for the following correctional services:
(1) community service work placement and supervision;
(2) restitution collection;
(3) supervision;
(4) court-ordered investigations; or
(5) any other service provided by a probation officer or parole agency for offenders
supervised by the commissioner of corrections.
(c) "Probation" has the meaning given in section 609.02, subdivision 15.
(d) "Supervised release" has the meaning given in section 244.01, subdivision 7.
    Subd. 2. Correctional fees established. To defray costs associated with correctional services,
the commissioner of corrections may establish a schedule of correctional fees to charge persons
convicted of a crime and supervised by the commissioner. The correctional fees on the schedule
must be reasonably related to offenders' abilities to pay and the actual cost of correctional services.
    Subd. 3. Fee collection. (a) The commissioner of corrections may impose and collect fees
from individuals on probation and supervised release at any time while the offender is under
sentence or after the sentence has been discharged.
(b) The commissioner may use any available civil means of debt collection in collecting a
correctional fee.
    Subd. 4. Exemption from fee. The commissioner of corrections may waive payment of the
fee if the commissioner determines that the offender does not have the ability to pay the fee, the
prospects for payment are poor, or there are extenuating circumstances justifying waiver of the
fee. Instead of waiving the fee, the commissioner may require the offender to perform community
work service as a means of paying the fee.
    Subd. 5. Restitution payment priority. If an offender has been ordered by a court to
pay restitution, the offender shall be obligated to pay the restitution ordered before paying the
correctional fee. However, if the offender is making reasonable payments to satisfy the restitution
obligation, the commissioner may also collect a correctional fee.
    Subd. 6. Use of fees. Excluding correctional fees collected from offenders supervised by
department agents under the authority of section 244.19, subdivision 1, paragraph (a), clause (3),
all correctional fees collected under this section go to the general fund. Fees collected by agents
under the authority of section 244.19, subdivision 1, paragraph (a), clause (3), shall go to the
county treasurer in the county where supervision is provided. These fees may only be used in
accordance with section 244.18, subdivision 6.
    Subd. 7. Annual report. Beginning January 15, 2001, the commissioner shall submit an
annual report on the implementation of this section to the chairs and ranking minority members of
the senate and house committees and divisions with jurisdiction over criminal justice funding and
policy. At a minimum, the report shall include information on the types of correctional services for
which fees were imposed, the aggregate amount of fees imposed, and the amount of fees collected.
    Subd. 8. Sex offender treatment fee. The commissioner of corrections may authorize sex
offender treatment providers to charge and collect treatment co-pays from all offenders in their
treatment program. The amount of treatment co-pay assessed to each offender is based upon a
fee schedule approved by the commissioner. Fees collected under this authority are used by the
treatment provider to fund the cost of treatment.
History: 1999 c 216 art 4 s 4; 1Sp2001 c 9 art 18 s 9; 2002 c 379 art 1 s 113; 2004 c 134 s 1

PRODUCTIVE DAY INITIATIVE PROGRAMS

241.275 PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL
FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS COUNTIES.
    Subdivision 1. Program establishment. (a) As used in this section, "correctional facility"
includes a community-based day program in which an adult or juvenile offender is placed as part
of a sentence or disposition order, if the program provides close supervision of offenders through
such means as electronic monitoring and drug and alcohol testing.
(b) All counties are encouraged to establish a productive day initiative program for adult
and juvenile offenders under their jurisdiction. The productive day program shall be designed to
motivate offenders to develop basic life and work skills through training and education, thereby
creating opportunities for offenders to achieve more successful integration into the community
upon their release.
    Subd. 2. Program components. The productive day initiative programs may include, but are
not limited to, components described in paragraphs (a) to (c).
(a) The initiative programs may contain programs designed to promote the offender's
self-esteem, self-discipline, and economic self-sufficiency by providing structured training and
education with respect to basic life skills, including hygiene, personal financial budgeting,
literacy, and conflict management.
(b) The programs may contain individualized educational, vocational, and work programs
designed to productively occupy an offender for at least eight hours a day.
(c) The program administrators may develop correctional industry programs, including
marketing efforts to attract work opportunities both inside correctional facilities and outside in the
community. Program options may include expanding and reorganizing on-site industry programs,
locating off-site industry work areas, community service work programs, and employment
programs. To develop innovative work programs, program administrators may enlist members
of the business and labor community to help target possible productive enterprises for offender
work programs.
(d) Whenever offenders are assigned to work within the correctional facility or with any state
department or agency, local unit of government, or other government subdivision, the program
administrator must certify to the appropriate bargaining agent that work performed by offenders
will not result in the displacement of current employed workers or workers on seasonal layoff or
layoff from a substantially equivalent position, including partial displacement such as reduction in
hours of work other than overtime work, wages, or other employment benefits.
    Subd. 3. Eligibility. The administrators of each productive day program shall develop
criteria for offender eligibility for the program.
    Subd. 4. Evaluation. The administrators of each of the productive day initiative programs
shall develop program evaluation tools to monitor the success of the programs.
    Subd. 5.[Repealed, 1999 c 216 art 4 s 17]
History: 1994 c 636 art 6 s 4; 1996 c 408 art 8 s 3; 1999 c 216 art 4 s 5,6

WORK PROGRAM AT CAMP RIPLEY

241.277 [Repealed, 1999 c 216 art 4 s 17]
241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY JAIL INMATES.
    The commissioner of corrections, in the interest of inmate rehabilitation or to promote
programs under section 241.275, subdivision 2, may enter into interagency agreements with state,
county, or municipal agencies, or contract with nonprofit agencies to manage, fund, or partially
fund the cost of programs that use state or county jail inmates as a work force. The commissioner
is authorized to receive funds via these agreements and these funds are appropriated to the
commissioner for community service programming or when prison industries are party to the
agreement, shall be deposited in the Minnesota correctional industries revolving fund for use as
described under section 241.27, subdivision 2.
History: 1998 c 367 art 9 s 9; 2007 c 54 art 6 s 10

INTERSTATE CORRECTIONS COMPACT

241.28 CITATION.
Sections 241.28 to 241.30 may be cited as the Interstate Corrections Compact.
History: 1969 c 595 s 1
241.29 COMPACT.
The Interstate Corrections Compact is hereby enacted into law and entered into by this state
with any other states legally joining therein in the form substantially as follows:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I
Purpose and Policy
The party states, desiring by common action to fully utilize and improve their institutional
facilities and provide adequate programs for the confinement, treatment and rehabilitation of
various types of offenders, declare that it is the policy of each of the party states to provide such
facilities and programs on a basis of cooperation with one another, thereby serving the best
interests of such offenders and of society and effecting economies in capital expenditures and
operational costs. The purpose of this compact is to provide for the mutual development and
execution of such programs of cooperation for the confinement, treatment and rehabilitation of
offenders with the most economical use of human and material resources.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States; the United States of America; a territory or
possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which conviction or court
commitment was had.
(c) "Receiving state" means a state party to this compact to which an inmate is sent for
confinement other than a state in which conviction or court commitment was had.
(d) "Inmate" means a male or female offender who is committed, under sentence to or
confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including but not limited to a
facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may
lawfully be confined.
ARTICLE III
Contracts
(a) Each party state may make one or more contracts with any one or more of the other party
states for the confinement of inmates on behalf of a sending state in institutions situated within
receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for inmate maintenance,
extraordinary medical and dental expenses, and any participation in or receipt by inmates of
rehabilitative or correctional services, facilities, programs, or treatment not reasonably included
as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the disposition or crediting of
any payments received by inmates on account thereof; and the crediting of proceeds from or
disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations,
responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the
authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV
Procedures and Rights
(a) Whenever the duly constituted authorities in a state party to this compact, and which has
entered into a contract pursuant to article III, shall decide that confinement in, or transfer of an
inmate to, an institution within the territory of another party state is necessary or desirable in order
to provide adequate quarters and care or an appropriate program of rehabilitation or treatment,
said officials may direct that the confinement be within an institution within the territory of said
other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all
reasonable times, to any institution in which it has a contractual right to confine inmates for the
purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in
the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times
be subject to the jurisdiction of the sending state and may at any time be removed therefrom for
transfer to a prison or other institution within the sending state, for transfer to another institution
in which the sending state may have a contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose permitted by the laws of the sending
state; provided that the sending state shall continue to be obligated to such payments as may be
required pursuant to the terms of any contract entered into under the terms of article III.
(d) Each receiving state shall provide regular reports to each sending state on the inmates
of that sending state in institutions pursuant to this compact including a conduct record of each
inmate and certify said record to the official designated by the sending state, in order that each
inmate may have official review of his or her record in determining and altering the disposition of
said inmate in accordance with the law which may obtain in the sending state and in order that
the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this
compact shall be treated in a reasonable and humane manner and shall be treated equally with
such similar inmates of the receiving state as may be confined in the same institution. The fact of
confinement in a receiving state shall not deprive any inmate so confined of any legal rights which
said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be
entitled by the laws of the sending state may be had before the appropriate authorities of the
sending state, or of the receiving state if authorized by the sending state. The receiving state shall
provide adequate facilities for such hearings as may be conducted by the appropriate officials of a
sending state. In the event such hearing or hearings are had before officials of the receiving state,
the governing law shall be that of the sending state and a record of the hearing or hearings as
prescribed by the sending state shall be made. Said record together with any recommendations
of the hearing officials shall be transmitted forthwith to the official or officials before whom the
hearing would have been had if it had taken place in the sending state. In any and all proceedings
had pursuant to the provisions of this subdivision, the officials of the receiving state shall act
solely as agents of the sending state and no final determination shall be made in any matter except
by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the
sending state unless the inmate, and the sending and receiving states, shall agree upon release in
some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights
to participate in and derive any benefits or incur or be relieved of any obligations or have such
obligations modified or his status changed on account of any action or proceeding in which he
could have participated if confined in any appropriate institution of the sending state located
within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the
sending state to act for, advise, or otherwise function with respect to any inmate shall not be
deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant
to the terms of this compact.
ARTICLE V
Acts Not Reviewable in Receiving State: Extradition
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction
pursuant to this compact shall be conclusive upon and not reviewable within the receiving state,
but if at the time the sending state seeks to remove an inmate from an institution in the receiving
state there is pending against the inmate within such state any criminal charge or if the inmate is
formally accused of having committed within such state a criminal offense, the inmate shall not
be returned without the consent of the receiving state until discharged from prosecution or other
form of proceeding, imprisonment or detention for such offense. The duly accredited officers of
the sending state shall be permitted to transport inmates pursuant to this compact through any and
all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined pursuant to this
compact shall be deemed a fugitive from the sending state and from the state in which the
institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving
state, the responsibility for institution of extradition or rendition proceedings shall be that of the
sending state, but nothing contained herein shall be construed to prevent or affect the activities of
officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid for use in connection with any
institution or program, the use of which is or may be affected by this compact or any contract
pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in
any such federally aided program or activity for which the sending and receiving states have made
contractual provision, provided that if such program or activity is not part of the customary
correctional regimen the express consent of the appropriate official of the sending state shall
be required therefor.
ARTICLE VII
Entry into Force
This compact shall enter into force and become effective and binding upon the state so acting
when it has been enacted into law by any two states. Thereafter, this compact shall enter into force
and become effective and binding as to any other of said states upon similar action by such state.
ARTICLE VIII
Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state until it shall have
enacted a statute repealing the same and providing for the sending of formal written notice of
withdrawal from the compact to the appropriate officials of all other party states. An actual
withdrawal shall not take effect until one year after the notices provided in said statute have
been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed
hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a
withdrawing state shall remove to its territory, at its own expense, such inmates as it may have
confined pursuant to the provisions of this compact.
ARTICLE IX
Other Arrangements Unaffected
Nothing contained in this compact shall be construed to abrogate or impair any agreement
or other arrangement which a party state may have with a nonparty state for the confinement,
rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the
making of cooperative institutional arrangements.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any
phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution
of any participating state or of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of any state participating therein,
the compact shall remain in full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
History: 1969 c 595 s 2
241.30 POWERS WITH RELATION TO COMPACT.
The commissioner of corrections or a designee is hereby authorized and directed to do all
things necessary or incidental to the carrying out of the compact in every particular.
History: 1969 c 595 s 3; 1986 c 444
241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS FROM
OTHER STATES.
The commissioner of corrections shall establish procedures so that whenever this state
receives an inmate, parolee, or probationer from another state under sections 241.28 to 241.30
or 243.16, fingerprints and thumbprints of the inmate, parolee, or probationer are obtained and
forwarded to the bureau of criminal apprehension.
History: 1992 c 571 art 13 s 2

COMMUNITY CORRECTIONS CENTERS

241.31 ESTABLISHMENT AND OPERATION BY MUNICIPALITY.
    Subdivision 1. Establishment of program. Notwithstanding any provisions of Minnesota
Statutes to the contrary, any city, county or town, or any nonprofit corporation approved by the
commissioner of corrections, or any combination thereof may establish and operate a community
corrections program for the purpose of providing housing, supervision, treatment, counseling or
other correctional services;
(a) to persons convicted of crime in the courts of this state and placed on probation by such
courts pursuant to section 609.135;
(b) to persons not yet convicted of a crime but under criminal accusation who voluntarily
accept such treatment;
(c) to persons adjudicated a delinquent under chapter 260;
(d) with the approval of the commissioner of corrections, to persons paroled under chapter
242; and
(e) with the approval of the commissioner of corrections, to persons paroled under section
243.05 or released under section 241.26.
    Subd. 2. Administration. Community corrections programs established under this section
may be administered by a nonprofit corporation, by the political subdivision establishing same, or
by a community corrections board organized and composed in the same manner that a community
mental health center board is composed and organized under section 245.66.
    Subd. 3. Acquisition of premises by purchase, lease, or gift. The premises and facilities for
any community correctional program may be acquired by purchase, lease, or gift, and may be
established and operated in connection with existing public or private institutions or agencies.
    Subd. 4. Funds. Any political subdivision, as described in subdivision 1, may use
unexpended funds, levy additional taxes, accept gifts, grants and subsidies from any lawful
source, or make application for federal funds in order to provide the necessary funds for the
establishment and operation of a community corrections program.
    Subd. 5. Minimum standards. The commissioner of corrections shall establish minimum
standards for the size, area to be served, qualifications of staff, ratio of staff to client population,
and treatment programs for community corrections programs established pursuant to this section.
Plans and specifications for such programs, including proposed budgets must first be submitted
to the commissioner for approval prior to the establishment.
    Subd. 6. Lease of hospital buildings. With the approval of the commissioner of human
services any city, county, town, or any nonprofit corporation approved by the commissioner of
corrections, or any combination thereof, may obtain by lease the use of any building or unit
thereof located upon the grounds of a state hospital, and may contract with such state hospital and
with community mental health centers for consultative and clinical services.
    Subd. 7. Grants. For the purpose of demonstrating the effectiveness of the community
corrections programs authorized by this section and to promote the development of such programs
the commissioner of corrections may, out of funds appropriated for such purposes, make grants
not to exceed 65 percent of the costs of operating such programs, provided however, that the
commissioner may make grants of 100 percent of the operating costs of such programs operated
by the Indian reservation business committees exercising governmental functions pursuant to
congressional charters. Community corrections programs established under the provisions of
Laws 1971, chapter 782 must comply with the provisions of subdivision 5 to be eligible to apply
for and receive the assistance provided by this subdivision.
The commissioner shall review at least annually each program established under Laws 1971,
chapter 782 and review its projected annual operating costs to ensure continued compliance with
minimum standards, and may withhold funds for noncompliance.
History: 1969 c 761 s 1; 1971 c 782 s 1,2; 1973 c 123 art 5 s 7; 1973 c 622 s 1; 1973 c 654 s
15; 1975 c 271 s 6; 1983 c 274 s 18; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 384 art 2 s 56
241.32 ESTABLISHMENT AND OPERATION BY STATE.
    Subdivision 1. Community correctional programs. The commissioner of corrections
may establish and operate community correctional programs or contract with existing public
and private agencies for separate custody or specialized care and treatment of persons under
the commissioner's custody and control or under the custody and control of the commissioner
of corrections or on conditional release under section 241.26.
    Subd. 2. Custodial control. Any person admitted to a community correctional program
by action of the commissioner of corrections shall be and remain under the control of the
commissioner of corrections and may be conditionally released therefrom in the manner and for
such periods of time as may be ordered by the commissioner.
    Subd. 3. Acquisition of program funds. To establish and operate community correctional
programs or to provide such services through agreement with public and private agencies the
commissioner is authorized to accept gifts, grants, and subsidies from any lawful source and to
negotiate with the federal government, or any agency, bureau, or department thereof to obtain
funds for the purposes of this subdivision, which gifts, grants, subsidies, and funds are hereby
appropriated to the commissioner.
    Subd. 4. Emergency housing rental agreements. The commissioner of corrections may
enter into rental agreements per industry standards for emergency housing for inmates.
History: 1971 c 685 s 1-3; 1973 c 622 s 2; 1973 c 654 s 15; 1975 c 271 s 6; 1983 c 274 s 18;
1986 c 444; 1Sp2001 c 9 art 18 s 10; 2002 c 379 art 1 s 113

BLOODBORNE PATHOGENS; CORRECTIONS EMPLOYEE EXPOSURE

241.33 DEFINITIONS.
    Subdivision 1. Scope of definitions. For purposes of sections 241.33 to 241.342, the
following terms have the meaning given them.
    Subd. 2. Bloodborne pathogens. "Bloodborne pathogens" means pathogenic
microorganisms that are present in human blood and can cause disease in humans. These
pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV),
and human immunodeficiency virus (HIV).
    Subd. 3. Correctional facility. "Correctional facility" means a state or local correctional
facility.
    Subd. 4. Corrections employee. "Corrections employee" means an employee of a state or
local correctional agency.
    Subd. 5. Inmate. "Inmate" means an individual who is in the custody or under the
jurisdiction of the commissioner of corrections or a local correctional authority and is confined in
a state or local correctional facility either before or after conviction.
    Subd. 6. Significant exposure. "Significant exposure" means contact likely to transmit a
bloodborne pathogen, in a manner supported by the most current guidelines and recommendations
of the United States Public Health Service at the time an evaluation takes place, that includes:
(1) percutaneous injury, contact of mucous membrane or nonintact skin, or prolonged
contact of intact skin; and
(2) contact, in a manner that may transmit a bloodborne pathogen, with blood, tissue, or
potentially infectious body fluids.
History: 2000 c 422 s 27
241.331 CONDITIONS FOR APPLICABILITY OF PROCEDURES.
    Subdivision 1. Request for procedures. A corrections employee may request that the
procedures of sections 241.33 to 241.342 be followed when the corrections employee may have
experienced a significant exposure to an inmate.
    Subd. 2. Conditions. The correctional facility shall follow the procedures in sections 241.33
to 241.342 when all of the following conditions are met:
(1) a licensed physician determines that a significant exposure has occurred following the
protocol under section 241.341;
(2) the licensed physician for the corrections employee needs the inmate's bloodborne
pathogens test results to begin, continue, modify, or discontinue treatment in accordance with the
most current guidelines of the United States Public Health Service, because of possible exposure
to a bloodborne pathogen; and
(3) the corrections employee consents to providing a blood sample for testing for a
bloodborne pathogen.
History: 2000 c 422 s 28
241.332 INFORMATION REQUIRED TO BE GIVEN TO INDIVIDUALS.
    Subdivision 1. Information to inmate. (a) Before seeking any consent required by the
procedures under sections 241.33 to 241.342, a correctional facility shall inform the inmate
that the inmate's bloodborne pathogen test results, without the inmate's name or other uniquely
identifying information, shall be reported to the corrections employee if requested and that test
results collected under sections 241.33 to 241.342 are for medical purposes as set forth in section
241.338 and may not be used as evidence in any criminal proceedings or civil proceedings, except
for procedures under sections 144.4171 to 144.4186.
(b) The correctional facility shall inform the inmate of the insurance protections in section
72A.20, subdivision 29.
(c) The correctional facility shall inform the inmate that the inmate may refuse to provide a
blood sample and that the inmate's refusal may result in a request for a court order to require the
inmate to provide a blood sample.
(d) The correctional facility shall inform the inmate that the correctional facility will advise
the corrections employee of the confidentiality requirements and penalties before the employee's
health care provider discloses any test results.
    Subd. 2. Information to corrections employee. (a) Before disclosing any information about
the inmate, the correctional facility shall inform the corrections employee of the confidentiality
requirements of section 241.339 and that the person may be subject to penalties for unauthorized
release of test results about the inmate under section 241.34.
(b) The correctional facility shall inform the corrections employee of the insurance
protections in section 72A.20, subdivision 29.
History: 2000 c 422 s 29
241.333 DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN TEST RESULTS.
If the conditions of sections 241.331 and 241.332 are met, the correctional facility shall ask
the inmate if the inmate has ever had a positive test for a bloodborne pathogen. The correctional
facility must attempt to get existing test results under this section before taking any steps to
obtain a blood sample or to test for bloodborne pathogens. The correctional facility shall disclose
the inmate's bloodborne pathogen test results to the corrections employee without the inmate's
name or other uniquely identifying information.
History: 2000 c 422 s 30
241.334 CONSENT PROCEDURES GENERALLY.
(a) For purposes of sections 241.33 to 241.342, whenever the correctional facility is required
to seek consent, the correctional facility shall obtain consent from an inmate or an inmate's
representative consistent with other law applicable to consent.
(b) Consent is not required if the correctional facility has made reasonable efforts to obtain the
representative's consent and consent cannot be obtained within 24 hours of a significant exposure.
(c) If testing of available blood occurs without consent because the inmate is unconscious or
unable to provide consent, and a representative cannot be located, the correctional facility shall
provide the information required in section 241.332 to the inmate or representative whenever it
is possible to do so.
(d) If an inmate dies before an opportunity to consent to blood collection or testing under
sections 241.33 to 241.342, the correctional facility does not need consent of the inmate's
representative for purposes of sections 241.33 to 241.342.
History: 2000 c 422 s 31
241.335 TESTING OF AVAILABLE BLOOD.
    Subdivision 1. Procedures with consent. If a sample of the inmate's blood is available, the
correctional facility shall ensure that blood is tested for bloodborne pathogens with the consent of
the inmate, provided the conditions in sections 241.331 and 241.332 are met.
    Subd. 2. Procedures without consent. If the inmate has provided a blood sample, but
does not consent to bloodborne pathogens testing, the correctional facility shall ensure that the
blood is tested for bloodborne pathogens if the corrections employee requests the test, provided
all of the following criteria are met:
(1) the corrections employee and correctional facility have documented exposure to blood or
body fluids during performance of the employee's work duties;
(2) a licensed physician has determined that a significant exposure has occurred under section
241.341 and has documented that bloodborne pathogen test results are needed for beginning,
modifying, continuing, or discontinuing medical treatment for the corrections employee as
recommended by the most current guidelines of the United States Public Health Service;
(3) the corrections employee provides a blood sample for testing for bloodborne pathogens
as soon as feasible;
(4) the correctional facility asks the inmate to consent to a test for bloodborne pathogens and
the inmate does not consent;
(5) the correctional facility has provided the inmate and the corrections employee with all of
the information required by section 241.332; and
(6) the correctional facility has informed the corrections employee of the confidentiality
requirements of section 241.339 and the penalties for unauthorized release of inmate information
under section 241.34.
    Subd. 3. Follow-up. The correctional facility shall inform the inmate whose blood was tested
of the results. The correctional facility shall inform the corrections employee's health care provider
of the inmate's test results without the inmate's name or other uniquely identifying information.
History: 2000 c 422 s 32
241.336 BLOOD SAMPLE COLLECTION FOR TESTING.
    Subdivision 1. Procedures with consent. (a) If a blood sample is not otherwise available,
the correctional facility shall obtain consent from the inmate before collecting a blood sample for
testing for bloodborne pathogens. The consent process shall include informing the inmate that the
inmate may refuse to provide a blood sample and that the inmate's refusal may result in a request
for a court order under subdivision 2 to require the inmate to provide a blood sample.
(b) If the inmate consents to provide a blood sample, the correctional facility shall collect a
blood sample and ensure that the sample is tested for bloodborne pathogens.
(c) The correctional facility shall inform the corrections employee's health care provider
about the inmate's test results without the inmate's name or other uniquely identifying information.
The correctional facility shall inform the inmate of the test results.
(d) If the inmate refuses to provide a blood sample for testing, the correctional facility shall
inform the corrections employee of the inmate's refusal.
    Subd. 2. Procedures without consent. (a) A correctional facility or a corrections employee
may bring a petition for a court order to require an inmate to provide a blood sample for testing
for bloodborne pathogens. The petition shall be filed in the district court in the county where the
inmate is confined. The correctional facility shall serve the petition on the inmate three days
before a hearing on the petition. The petition shall include one or more affidavits attesting that:
(1) the correctional facility followed the procedures in sections 241.33 to 241.342 and
attempted to obtain bloodborne pathogen test results according to those sections;
(2) a licensed physician knowledgeable about the most current recommendations of the
United States Public Health Service has determined that a significant exposure has occurred to the
corrections employee under section 241.341; and
(3) a physician has documented that the corrections employee has provided a blood sample
and consented to testing for bloodborne pathogens and bloodborne pathogen test results are
needed for beginning, continuing, modifying, or discontinuing medical treatment for the
corrections employee under section 241.341.
(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to the
extent that facility staff can attest under oath to the facts in the affidavits.
(c) The court may order the inmate to provide a blood sample for bloodborne pathogen
testing if:
(1) there is probable cause to believe the corrections employee has experienced a significant
exposure to the inmate;
(2) the court imposes appropriate safeguards against unauthorized disclosure that must
specify the persons who have access to the test results and the purposes for which the test
results may be used;
(3) a licensed physician for the corrections employee needs the test results for beginning,
continuing, modifying, or discontinuing medical treatment for the corrections employee; and
(4) the court finds a compelling need for the test results. In assessing compelling need,
the court shall weigh the need for the court-ordered blood collection and test results against
the interests of the inmate, including, but not limited to, privacy, health, safety, or economic
interests. The court shall also consider whether involuntary blood collection and testing would
serve the public interests.
(d) The court shall conduct the proceeding in camera unless the petitioner or the inmate
requests a hearing in open court and the court determines that a public hearing is necessary to the
public interest and the proper administration of justice.
(e) The inmate may arrange for counsel in any proceeding brought under this subdivision.
    Subd. 3. Procedures without consent; expedited process. (a) As used in this subdivision,
"qualified physician" means a person who:
(1) is a licensed physician employed by or under contract with the correctional facility to
provide services to employees and inmates; and
(2) is an infectious disease specialist or consults with an infectious disease specialist or a
hospital infectious disease officer.
(b) An inmate in a correctional facility is subject to the release of medical information related
to bloodborne pathogen infections or the collection and testing of a blood sample if a significant
exposure occurs as determined by procedures in section 241.331, subdivision 2, clause (1). In the
absence of affirmative consent and cooperation in the release of medical information or collection
of a blood sample, the head of a correctional facility, having reported to and consulted with the
state epidemiologist, may order an inmate to provide release of medical information related to
bloodborne pathogen infections or a blood sample for testing for bloodborne pathogens if:
(1) the correctional facility followed the procedures in sections 241.33 to 241.336,
subdivision 1
, and 241.337 to 241.342 and attempted to obtain bloodborne pathogen test results
according to those sections;
(2) a qualified physician has determined that a significant exposure has occurred to the
corrections employee under section 241.341;
(3) a qualified physician has documented that the corrections employee has received
vaccinations for preventing bloodborne pathogens, provided a blood sample, and consented
to testing for bloodborne pathogens, and that bloodborne pathogen test results are needed
for beginning, continuing, modifying, or discontinuing medical treatment for the corrections
employee under section 241.341;
(4) the head of the correctional facility has received affidavits from qualified physicians,
treating the corrections worker and the inmate, attesting that a significant exposure has occurred
to the corrections employee under section 241.341;
(5) the correctional facility imposes appropriate safeguards against unauthorized disclosure
and use of medical information or samples consistent with those established in sections 241.331
to 241.34;
(6) a qualified physician for the corrections employee needs the test results for beginning,
continuing, modifying, or discontinuing medical treatment for the corrections employee; and
(7) the head of the correctional facility finds a compelling need for the medical information
or test results.
In assessing whether a compelling need exists under clause (7), the head of the correctional
facility shall weigh the officer's need for the exchange of medical information or blood collection
and test results against the interests of the inmate, including, but not limited to, privacy, health,
safety, or economic interests. The head of the correctional facility shall also consider whether
release of medical information or involuntary blood collection and testing would serve or harm
public health interests.
(c) Each state and local correctional facility shall adopt a plan for implementing by July 1,
2006, policies and procedures for:
(1) the education and treatment of corrections employees and inmates that are consistent
with those established by the Department of Corrections;
(2) ensuring that corrections employees and inmates are routinely offered and are provided
voluntary vaccinations to prevent bloodborne pathogen infections;
(3) ensuring that corrections employees and inmates are routinely offered and are provided
with voluntary postexposure prophylactic treatments for bloodborne pathogen infections in
accordance with the most current guidelines of the United States Public Health Service; and
(4) ensuring voluntary access to treatment for bloodborne pathogen infections in accordance
with the most current guidelines of the United States Public Health Service for corrections
workers or inmates who are determined to have a bloodborne pathogen infection through
procedures established in sections 241.331 to 241.34.
(d) The commissioner of corrections and the director of each local correctional facility shall
provide written notice to each inmate through the inmate handbook, or a comparable document,
of the provisions of this subdivision.
History: 2000 c 422 s 33; 2004 c 252 s 1
241.337 NO DISCRIMINATION.
A correctional facility shall not withhold care or treatment on the requirement that the inmate
consent to bloodborne pathogen testing under sections 241.33 to 241.342.
History: 2000 c 422 s 34
241.338 USE OF TEST RESULTS.
Bloodborne pathogen test results of an inmate obtained under sections 241.33 to 241.342
are for diagnostic purposes and to determine the need for treatment or medical care specific to a
bloodborne pathogen-related illness. The test results may not be used as evidence in any criminal
proceedings or civil proceedings, except for procedures under sections 144.4171 to 144.4186.
History: 2000 c 422 s 35
241.339 TEST INFORMATION CONFIDENTIALITY.
Test results obtained under sections 241.33 to 241.342 are private data as defined in sections
13.02, subdivision 12, and 13.85, subdivision 2, but shall be released as provided by sections
241.33 to 241.342.
History: 2000 c 422 s 36
241.34 PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION.
Unauthorized release of the inmate's name or other uniquely identifying information under
sections 241.33 to 241.342 is subject to the remedies and penalties under sections 13.08 and
13.09. This section does not preclude private causes of action against an individual, state agency,
statewide system, political subdivision, or person responsible for releasing private data, or
confidential or private information on the inmate.
History: 2000 c 422 s 37
241.341 PROTOCOL FOR EXPOSURE TO BLOODBORNE PATHOGENS.
(a) Correctional facilities shall follow applicable Occupational Safety and Health
Administration guidelines under Code of Federal Regulations, title 29, part 1910.1030, for
bloodborne pathogens.
(b) Every correctional facility shall adopt and follow a postexposure protocol for corrections
employees who have experienced a significant exposure. The postexposure protocol must adhere
to the most current recommendations of the United States Public Health Service and include, at a
minimum, the following:
(1) a process for corrections employees to report an exposure in a timely fashion;
(2) a process for an infectious disease specialist, or a licensed physician who is
knowledgeable about the most current recommendations of the United States Public Health
Service in consultation with an infectious disease specialist, (i) to determine whether a significant
exposure to one or more bloodborne pathogens has occurred, and (ii) to provide, under the
direction of a licensed physician, a recommendation or recommendations for follow-up treatment
appropriate to the particular bloodborne pathogen or pathogens for which a significant exposure
has been determined;
(3) if there has been a significant exposure, a process to determine whether the inmate has a
bloodborne pathogen through disclosure of test results, or through blood collection and testing as
required by sections 241.33 to 241.342;
(4) a process for providing appropriate counseling prior to and following testing for a
bloodborne pathogen regarding the likelihood of bloodborne pathogen transmission and follow-up
recommendations according to the most current recommendations of the United States Public
Health Service, recommendations for testing, and treatment;
(5) a process for providing appropriate counseling under clause (4) to the corrections
employee and inmate; and
(6) compliance with applicable state and federal laws relating to data practices,
confidentiality, informed consent, and the patient bill of rights.
History: 2000 c 422 s 38
241.342 IMMUNITY.
A correctional facility, licensed physician, and designated health care personnel are immune
from liability in any civil, administrative, or criminal action relating to the disclosure of test
results of an inmate to a corrections employee and the testing of a blood sample from the inmate
for bloodborne pathogens if a good faith effort has been made to comply with sections 241.33
to 241.342.
History: 2000 c 422 s 39

SUBSTANCE ABUSE

241.40 PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT PROCESS.
By January 15, 2007, and at least once every three years thereafter, the commissioner shall
ensure that an outside entity conducts an independent review of the department's prison-based
substance abuse assessment activities.
History: 2006 c 260 art 4 s 7
241.41 [Repealed, 1Sp2003 c 2 art 5 s 18]
241.415 RELEASE PLANS; SUBSTANCE ABUSE.
The commissioner shall cooperate with community-based corrections agencies to determine
how best to address the substance abuse treatment needs of offenders who are being released from
prison. The commissioner shall ensure that an offender's prison release plan adequately addresses
the offender's needs for substance abuse assessment, treatment, or other services following
release, within the limits of available resources.
History: 2006 c 260 art 4 s 8
241.416 SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
The commissioner shall keep adequate records regarding inmate participation in substance
abuse treatment programs. For inmates who did not comply with directives to participate in
substance abuse treatment programs, these records must include the reasons why the inmate did
not do so.
History: 2006 c 260 art 4 s 9
241.42    Subdivision 1.[Repealed, 1Sp2003 c 2 art 5 s 18]
    Subd. 2.[Repealed, 1Sp2003 c 2 art 5 s 18]
    Subd. 3.[Repealed, 1Sp2003 c 2 art 5 s 18]
    Subd. 4.[Repealed, 1976 c 318 s 18; 1Sp2003 c 2 art 5 s 18]
241.43 [Repealed, 1Sp2003 c 2 art 5 s 18]
241.44 [Repealed, 1Sp2003 c 2 art 5 s 18]
241.441 [Repealed, 1Sp2003 c 2 art 5 s 18]
241.45 [Repealed, 1Sp2003 c 2 art 5 s 18]
241.51 [Renumbered 611A.21]
241.52 [Renumbered 611A.22]
241.53 [Renumbered 611A.23]
241.55 [Renumbered 611A.41]
241.56 [Renumbered 611A.42]
241.57 [Renumbered 611A.43]
241.58 [Renumbered 611A.44]
241.61 [Renumbered 611A.31]
241.62 [Renumbered 611A.32]
241.63 [Renumbered 611A.33]
241.64 [Renumbered 611A.34]
241.65 [Renumbered 611A.35]
241.66 [Renumbered 611A.36]

SEX OFFENDER TREATMENT PROGRAMS

241.67 SEX OFFENDER TREATMENT; PROGRAMS; STANDARDS; DATA.
    Subdivision 1. Sex offender treatment. A sex offender treatment system is established
under the administration of the commissioner of corrections to provide and finance a range of
sex offender treatment programs for eligible adults and juveniles. Offenders who are eligible to
receive treatment, within the limits of available funding, are:
(1) adults and juveniles committed to the custody of the commissioner;
(2) adult offenders for whom treatment is required by the court as a condition of probation;
and
(3) juvenile offenders who have been found delinquent or received a stay of adjudication, for
whom the juvenile court has ordered treatment.
    Subd. 2. Treatment program standards. (a) The commissioner shall adopt rules under
chapter 14 for the certification of adult and juvenile sex offender treatment programs in state and
local correctional facilities and state-operated adult and juvenile sex offender treatment programs
not operated in state or local correctional facilities. The rules shall require that sex offender
treatment programs be at least four months in duration. A correctional facility may not operate a
sex offender treatment program unless the program has met the standards adopted by and been
certified by the commissioner of corrections. As used in this subdivision, "correctional facility"
has the meaning given it in section 241.021, subdivision 1, paragraph (f).
(b) In addition to other certification requirements established under paragraph (a), the
commissioner must require all programs certified under this subdivision to participate in the sex
offender program evaluation project established by the commissioner under section 241.67,
subdivision 8
.
    Subd. 3. Programs for adult offenders committed to the commissioner. (a) The
commissioner shall provide for a range of sex offender programs, including intensive sex
offender programs, within the state adult correctional facility system. Participation in any
program is subject to the rules and regulations of the Department of Corrections. Nothing in this
section requires the commissioner to accept or retain an offender in a program if the offender
is determined by prison professionals as unamenable to programming within the prison system
or if the offender refuses or fails to comply with the program's requirements. Nothing in this
section creates a right of an offender to treatment.
(b) The commissioner shall develop a plan to provide for residential and outpatient sex
offender programming and aftercare when required for conditional release under section 609.3455,
subdivision 3a,
or as a condition of supervised release. The plan may include co-payments from
the offender, third-party payers, local agencies, or other funding sources as they are identified.
    Subd. 4. Programs for juvenile offenders committed to the commissioner. The
commissioner shall provide for sex offender treatment programs for juveniles committed to the
commissioner by the courts under section 260B.198, as provided under section 242.195.
    Subd. 5.[Repealed, 1993 c 326 art 8 s 17]
    Subd. 6. Specialized corrections agents and probation officers; sex offender supervision.
The commissioner of corrections shall develop in-service training for state and local corrections
agents and probation officers who supervise adult and juvenile sex offenders on probation
or supervised release. The commissioner shall make the training available to all current and
future corrections agents and probation officers who supervise or will supervise sex offenders
on probation or supervised release.
A state or local corrections agent or probation officer may not supervise adult or juvenile
sex offenders on probation or supervised release unless the agent or officer has completed the
in-service sex offender supervision training. The commissioner may waive this requirement if the
corrections agent or probation officer has completed equivalent training as part of a postsecondary
educational curriculum.
When an adult sex offender is placed on supervised release or is sentenced to probationary
supervision, and when a juvenile offender is found delinquent by the juvenile court for a sex
offense and placed on probation or is paroled from a juvenile correctional facility, a corrections
agent or probation officer may not be assigned to the offender unless the agent or officer has
completed the in-service sex offender supervision training.
    Subd. 7. Funding priority; program effectiveness. (a) Unless otherwise directed by the
terms of a particular appropriations provision, the commissioner shall give priority to the funding
of juvenile sex offender programs over the funding of adult sex offender programs.
(b) Every county or private sex offender program shall provide the commissioner with any
information relating to the program's effectiveness that the commissioner considers necessary.
The commissioner shall deny state funding or reimbursement to any county or private program
that fails to provide this information or that appears to be an ineffective program.
    Subd. 8. Community-based sex offender program evaluation. (a) For the purposes of
this subdivision, a sex offender is an adult who has been convicted, or a juvenile who has been
adjudicated, for a sex offense or a sex-related offense which would require registration under
section 243.166.
(b) The commissioner shall:
(1) collect follow-up information on each sex offender for a period of three years following
the offender's completion of or termination from treatment for the purpose of providing periodic
reports to the legislature;
(2) provide treatment programs in several geographical areas in the state;
(3) provide the necessary data to form the basis to recommend a fiscally sound plan to
provide a coordinated statewide system of effective sex offender treatment programming; and
(4) provide an opportunity to local and regional governments, agencies, and programs to
establish models of sex offender programs that are suited to the needs of that region.
(c) The commissioner shall establish an advisory task force consisting of county probation
officers from Community Corrections Act counties and other counties, court services providers,
and other interested officials. The commissioner shall consult with the task force on how best to
implement the requirements of this subdivision.
    Subd. 9. Information on sex offender treatment. (a) All sex offender treatment facilities
that provide treatment to sex offenders who begin treatment as a condition of probation shall
provide the commissioner relevant information on the treatment of those offenders as the
commissioner requests for the purpose of this evaluation. The information disclosed to the
commissioner shall only be reported in aggregate and that information must not be used to
designate additional sanctions for any individual offender.
(b) All county corrections agencies or court services officers shall provide the commissioner
information as requested regarding juveniles and adults as defined in subdivision 8, paragraph (a),
for the purpose of completing the requirements of subdivision 8.
History: 1989 c 290 art 4 s 1; 1989 c 356 s 54; 1992 c 571 art 1 s 1,2; art 8 s 1-3; 1993 c
326 art 8 s 5-7; 1998 c 367 art 6 s 15; 1998 c 396 s 1,2; 1999 c 139 art 4 s 2; 2001 c 210 s 9;
2005 c 136 art 3 s 4-6; 2006 c 260 art 1 s 47
241.671 [Repealed, 1993 c 326 art 8 s 17]

CORRECTIONAL PSYCHIATRIC UNIT

241.69 MENTAL HEALTH UNIT; ESTABLISHMENT.
    Subdivision 1. Authority; rules. The commissioner of corrections shall, in accordance with
applicable rules and standards prescribed by the Department of Human Services, establish, staff,
equip, maintain, and operate at one of the adult correctional institutions under the commissioner's
control a mental health unit for the care and treatment of those inmates of state correctional
institutions who become mentally ill.
    Subd. 2. Examination. When any person confined in an adult correctional institution under
the control of the commissioner of corrections is alleged to be a person who is mentally ill, the
director of psychological services, or warden or other person in charge of the institution shall
cause the person to be examined by a licensed physician especially qualified in the diagnosis
of mental illness, or, if none is available, by any licensed physician or licensed mental health
professional available to the institution.
    Subd. 3. Transfer. If the licensed mental health professional finds the person to be a person
who is mentally ill and in need of short-term care, the licensed mental health professional may
recommend transfer by the commissioner of corrections to the mental health unit established
pursuant to subdivision 1.
    Subd. 4. Commitment. If the licensed mental health professional finds the person to be a
person who is mentally ill and in need of long-term care in a hospital, or if an inmate transferred
pursuant to subdivision 3 refuses to voluntarily participate in the treatment program at the
mental health unit, the director of psychological services of the institution or the mental health
professional shall initiate proceedings for judicial commitment as provided in section 253B.07.
Upon the recommendation of the licensed mental health professional and upon completion of the
hearing and consideration of the record, the court may commit the person to the mental health
unit established in subdivision 1 or to another hospital. A person confined in a state correctional
institution for adults who has been adjudicated to be a person who is mentally ill and in need of
treatment may be committed to the commissioner of corrections and placed in the mental health
unit established in subdivision 1.
    Subd. 5. Discharge. The director of psychological services of the mental health unit
established under this section may, subject to the provisions of chapter 253B, provisionally
discharge any inmate patient admitted as a person who is mentally ill without discharging the
commitment and order the inmate patient's release into the general population of the institution
from which admitted, subject to return to the facility for further treatment.
When the director of psychological services of the facility certifies that a patient is no
longer in need of institutional care for mental illness the director of psychological services shall
discharge the patient to the institution from which committed, and the discharge shall also
discharge the mental illness commitment.
A copy of the certification that the inmate is no longer in need of care for mental illness shall
be transmitted to the commissioner of corrections. The commissioner of corrections shall give
serious consideration to the aforementioned certification for purposes of their supervision over the
inmate upon the inmate's release.
    Subd. 6. Transfer upon expiration of sentence. If the sentence of a person who has been
adjudicated to be mentally ill and committed to the mental health unit established under this
section should expire before the person recovers and is discharged therefrom, and, in the judgment
of the director of psychological services of the unit, the person requires further hospitalization
for mental illness, the person shall be transferred by the commissioner of corrections to a state
hospital designated by the commissioner of human services, there to be detained as in the case of
other mentally ill persons under judicial commitment.
    Subd. 7. Costs. The costs of the commitment proceedings under this section shall be borne
by the state.
    Subd. 8. Definitions. For the purposes of this section, the words defined in section 253B.02
have the meanings given them in that section.
History: 1978 c 707 s 1; 1981 c 360 art 1 s 18; 1982 c 581 s 24; 1983 c 274 s 18; 1984
c 654 art 5 s 58; 1986 c 444; 1987 c 252 s 4; 1991 c 255 s 19; 2001 c 210 s 10; 2002 c 221 s
11-14; 2007 c 54 art 6 s 11,12

PROGRAMS FOR WOMEN OFFENDERS

241.70 PROGRAMS FOR FEMALE OFFENDERS.
    Subdivision 1. Type of programs. Adult women charged with or convicted of crimes, and
juvenile females charged with an offense that would be a crime if committed by an adult or
adjudicated delinquent, shall be provided a range and quality of programming substantially
equivalent to programming offered male persons charged with or convicted of crimes or
delinquencies. Programs for female offenders shall be based upon the special needs of female
offenders.
    Subd. 2. Model programs. Within the limits of money appropriated, the commissioner of
corrections shall provide model programs for female offenders which respond to statewide needs
and geographical areas and shall award grants for the programs. Listed in the order of importance,
the programs shall:
(a) respond in a rehabilitative way to the type of offenses female offenders generally commit;
(b) respond to the problems of female offenders with dependent children;
(c) respond to the importance of developing independent living skills;
(d) assist female offenders to overcome their own extreme degree of dependency; and
(e) prepare to offer technical assistance and training toward the implementation of other
similar programs when requested by local communities.
    Subd. 3. County plans. Counties shall annually submit a plan to the commissioner of
corrections for approval which provides for services to female offenders in their area and which
incorporates criteria for model programs established by the commissioner. Counties may agree to
cooperate in preparing a joint plan and may submit and administer their plan jointly.
History: 1981 c 360 art 2 s 9; 1991 c 135 s 1
241.71 CREATION OF ADVISORY TASK FORCE.
The commissioner of corrections may appoint an advisory task force on the woman and
juvenile female offender in corrections. The task force shall have no more than 20 members
and shall reflect a statewide geographical representation. The provisions of section 15.059,
subdivision 6
, shall govern the terms, expenses, and removal of members of the advisory task
force. Notwithstanding section 15.059, the advisory task force shall continue until it is terminated
by the commissioner.
History: 1981 c 360 art 2 s 10; 1983 c 260 s 51; 1Sp1985 c 9 art 2 s 26; 1991 c 135 s 2
241.72 PROGRAM FUNDING.
    Subdivision 1. Grants-in-aid. To assist those counties or agencies that have existing
programs for the female offender, and to encourage counties and agencies to develop and
implement programs, the commissioner of corrections, from funds appropriated for the purposes
of sections 241.70 to 241.73, shall make grants-in-aid in those counties or to agencies electing to
participate in the grant program established by sections 241.70 to 241.73. The percent of matching
dollars provided by the county or agency for programming established in sections 241.70 to 241.73
shall be determined by the rules of the commissioner adopted under sections 14.22 to 14.28.
    Subd. 2. Applications. To qualify for the grants-in-aid provided under this section, those
counties or agencies with existing programs and those counties or agencies that want to participate
shall, request that they be allowed to participate and submit an application or respond to a request
for proposals in accordance with the provisions of section 241.70, subdivision 2, and the rules
of the commissioner. An agency seeking funding for a program to serve female offenders on
probation in a Community Corrections Act county shall obtain the endorsement of the county
corrections authority before submitting a grant-in-aid application or proposal.
    Subd. 3. Multicounty or agency programs; local matching funds. Where several counties
or agencies combine to provide one or more of the programs under sections 241.70 to 241.73, the
local matching funds shall be borne proportionately by the participating counties or agencies on
the basis of need or use as determined by the rules of the commissioner.
History: 1981 c 360 art 2 s 11; 1991 c 135 s 3
241.73 DUTIES OF COMMISSIONER.
The commissioner of corrections shall:
(a) review all county plans for programs for female offenders;
(b) review grant-in-aid applications or proposals for model programs and award grants for
programs;
(c) appoint the members of the advisory task force created under section 241.71 and provide
staff and other administrative services to the advisory task force;
(d) consult with the state advisory task force on the female offender in corrections before
making a choice of the programs to be awarded funding;
(e) monitor the delivery of services provided under grant-in-aid programs for female
offenders; and
(f) establish by rule a method of determining the amount of local matching contribution to
receive a grant-in-aid under sections 241.70 to 241.73.
History: 1981 c 360 art 2 s 12; 1991 c 135 s 4

HEALTH CARE DECISIONS

241.75 INMATE HEALTH CARE DECISIONS.
    Subdivision 1. Definitions. (a) Except as provided in paragraph (b), the definitions in chapter
145C apply to this section.
(b) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or
otherwise affect a person's physical or mental condition.
    Subd. 2. Health care decisions. The medical director of the Department of Corrections
may make a health care decision for an inmate incarcerated in a state correctional facility if the
inmate's attending physician determines that the inmate lacks decision-making capacity and:
(1) there is not a documented health care agent designated by the inmate or the health care
agent is not reasonably available to make the health care decision;
(2) if there is a documented health care directive, the decision is consistent with that directive;
(3) the decision is consistent with reasonable medical practice and other applicable law; and
(4) the medical director has made a good-faith attempt to consult with the inmate's next
of kin or emergency contact person in making the decision, to the extent those persons are
reasonably available.
    Subd. 3. Disagreement regarding health care; guardianship petition. If the medical
director consults with an inmate's next of kin under subdivision 2, clause (4), and the inmate's
next of kin and the medical director are not in agreement with respect to a health care decision,
the commissioner may bring a petition under section 524.5-303 for appointment of a guardian
with authority to make health care decisions for the inmate.
History: 2006 c 260 art 4 s 10

AMERICAN INDIAN COUNSELING PROGRAM

241.80 AMERICAN INDIAN COUNSELING PROGRAM.
    Subdivision 1. Authority. The commissioner of corrections shall develop a policy to provide
the counseling services listed in subdivision 2 to American Indian inmates of all juvenile and
adult state correctional facilities and community-based correctional programs. The commissioner
may, within the limits of available money, contract with appropriate American Indian private,
nonprofit organizations to provide these counseling services.
    Subd. 2. Counseling services. The policy shall include, but need not be limited to, providing,
within the limits of available money, spiritual and cultural counseling services having the
following purposes:
(1) the teaching of good work habits and the development of motivation through work;
(2) the development of cultural pride to improve American Indian self-image;
(3) the development of an understanding of and an adjustment to the cultural differences
between American Indians and other ethnic groups;
(4) the development of attitudes of mutual trust, respect, and understanding among American
Indian family members;
(5) the fostering of increased availability of medicine men and American Indian spiritual
leaders to teach American Indian inmates about American Indian history, cultural sensitivity,
and religion;
(6) the involvement of American Indian inmates in those aspects of the correctional system
that will aid in their rehabilitation; and
(7) the provision of services to American Indian inmates that will facilitate their reentry
into the community.
History: 1985 c 113 s 1

EDUCATIONAL ASSESSMENTS

241.85 EDUCATIONAL ASSESSMENTS.
    Subdivision 1. Assessments; programming plans. The commissioner of corrections shall
develop an educational assessment to determine the educational status and needs of adults and
juveniles in Department of Corrections facilities. The commissioner shall ensure that assessments
are conducted on all individuals both upon their admittance and prior to their discharge from a
facility. The commissioner shall create a programming plan for individuals on whom an admission
assessment was conducted if the individual is admitted to an educational program. The plan must
address any special needs identified by the assessment. The commissioner shall also determine
methods to measure the educational progress of individuals during their stay at a facility.
    Subd. 2.[Repealed, 2007 c 54 art 6 s 20]
History: 1998 c 367 art 9 s 10
241.86 MENTORING GRANT FOR CHILDREN OF INCARCERATED PARENTS.
    Subdivision 1. Mentoring grant. The commissioner of corrections shall award a grant
to nonprofit organizations that provide one-to-one mentoring relationships to youth enrolled
between the ages of seven to 13 whose parent or other significant family member is incarcerated
in a county workhouse, county jail, state prison, or other type of correctional facility or is subject
to correctional supervision. The intent of the grant is to provide children with adult mentors to
strengthen developmental outcomes, including enhanced self-confidence and esteem; improved
academic performance; and improved relationships with peers, family, and other adults that may
prevent them from entering the juvenile justice system.
    Subd. 2. Grant criteria. As a condition of receiving grants, the grant recipients shall do
the following:
    (1) collaborate with other organizations that have a demonstrated history of providing
services to youth and families in disadvantaged situations;
    (2) implement procedures to ensure that 100 percent of the mentors pose no safety risk to the
child and have the skills to participate in a mentoring relationship;
    (3) provide enhanced training to mentors focusing on asset building and family dynamics
when a parent is incarcerated; and
    (4) provide an individual family plan and aftercare.
    Subd. 3. Program evaluation. Grant recipients shall submit an evaluation plan to the
commissioner delineating the program and student outcome goals and activities implemented to
achieve the stated outcomes. The goals must be clearly stated and measurable. Grant recipients
shall collect, analyze, and report on participation and outcome data that enable the department to
verify that the program goals were met.
History: 2007 c 54 art 1 s 16