2007 Minnesota Statutes

CHAPTER 642. LOCKUPS

642.01 LOCKUPS, ESTABLISHMENT.
The governing body of any city may purchase, build, or lease, maintain and regulate, one
or more lockups for the detention of persons charged with offenses against its ordinances and
bylaws, or for the confinement of persons sentenced to imprisonment for violation of these
ordinances and bylaws. Under regulations prescribed by the governing body, the lockup may be
used for temporary detention of any prisoner under arrest. No purchase or lease, and no plans for
building a lockup, or no plans for repairing a lockup at an expense of more than $5000 shall be
finally adopted until the same has been approved by the commissioner of corrections. No contract
for erection or repair shall be valid unless the suggestions and advice of the commissioner have
been filed with the clerk of the municipality before its execution.
History: (10875) RL s 5487; 1955 c 491 s 1; 1959 c 263 s 2; 1973 c 123 art 5 s 7; 1976
c 299 s 5

642.02 CONSTRUCTION, REPAIR; PRESENCE OF JAILER.
    Subdivision 1. Approval, standards required. The commissioner of corrections shall not
approve any plan for the construction of a lockup, or repairs to an existing lockup at an estimated
cost of more than $5,000, unless the plan meets the standards established by the commissioner's
rules.
    Subd. 2. Jailer or custodian. No prisoner shall be detained without a jailer or custodian
present in the lockup, awake and alert at all times, capable of responding to the reasonable needs
of the prisoner.
History: (10876) RL s 5488; 1913 c 438 s 1; 1955 c 491 s 2; 1959 c 263 s 2; 1976 c 299
s 6; 1980 c 602 s 11

642.03 TEMPORARY POLICE STATIONS AND LOCKUPS IN CERTAIN CASES IN
CITIES OF FIRST CLASS.
When, in the opinion of the board of police commissioners of any city of the first class in the
state, or of any board of the city having charge, control, and direction of the administration of the
police department of the city, it shall be necessary to remove from and destroy any existing police
station or lockup, and to provide and equip new temporary central police stations and lockups,
pending the erection by the city, upon the site of the abandoned police station, of a new and
permanent central police station and lockup, the city is hereby authorized and empowered, acting
by and through its board of police commissioners, or other board having the control and direction
of the administration of the police department, of the city, to lease a new site for the temporary
central police station and lockup, and to provide and equip the same.
Section 642.02 shall apply to, and be binding upon, the city in the providing of a temporary
central police station and lockup, under the circumstances hereinbefore stated.
History: (10877, 10878) 1911 c 304 s 1,2; 1980 c 602 s 12

642.04 CITIES MAY SEND PRISONERS TO JAILS OUTSIDE.
When, in any statutory or home rule charter city, no jail exists, which in the judgment of the
city council, or other governing body, is sufficient or suitable for the detention of persons lawfully
under arrest in the city, the council, or other governing body, may cause persons lawfully arrested
to be detained in any city or county or county regional jail or lockup in the same or in an adjoining
county; provided, that that detention shall be with the consent of the city or county or regional jail
board operating the jail where the persons are detained, and that there shall be paid to the city
or county or regional jail board the necessary cost and expense which may be incident to taking
care of persons while they are lawfully detained or imprisoned.
History: (10879) 1921 c 251 s 1; 1980 c 597 s 12

642.05 NOT TO JEOPARDIZE LAWFUL CUSTODY OF PERSON.
The detention or imprisonment of any person lawfully arrested in one city but detained or
imprisoned in another under the provisions of this section and section 642.04 shall in no manner
jeopardize the lawful custody or detention of such person.
History: (10880) 1921 c 251 s 2

642.06 COUNTY JAIL, USE BY CITY OF THE FIRST CLASS.
Any city of the first class in this state, now or hereafter operating under a home rule charter,
and now or hereafter containing a city hall building on land contiguous to the county courthouse
and jail grounds, may enter into contract with the county in which such city is located, for
the furnishing to such city by such county of jail facilities in the county jail building for the
care of persons who are usually confined in the city jail and for the furnishing of heating and
lighting service to such city, and for the construction and maintenance of a tunnel connecting the
courthouse, county jail, and city hall buildings, for use as a passageway between these buildings
and for other public purposes, upon such terms and conditions, for such consideration, and for
such period of time not exceeding five years at a time, with right of successive renewals as
shall be agreed upon between the county board of such county and the city council of such city,
acting for their respective political subdivisions.
The sheriff of any such county shall accept and hold in any such county jail building
any person placed under arrest by the city police department and delivered to the sheriff for
incarceration in the county jail. The city shall pay the county for the care and detention of each
such prisoner such amount as shall be fixed by the county board but not in excess of the actual cost.
History: (10880-1) 1927 c 176 s 1; 1953 c 325 s 1

642.07 CHIEF OF POLICE; DUTIES.
The chief of police shall cause every lockup under the chief's care, and the bedding therein,
to be kept clean, wholesome, and free from vermin. The lockup shall be kept in good repair and
maintained so as to protect the health, comfort, safety and well being of inmates and staff. Each
chief of police shall keep a permanent record of all persons committed to the lockup, and all
persons admitted as lodgers therein, in the form prescribed by the commissioner of corrections.
Any peace officer placing a person in the lockup shall report immediately to the officer's superior
concerning the fact of the placement.
History: (10881) RL s 5489; 1955 c 491 s 3; 1959 c 263 s 2; 1973 c 123 art 5 s 7; 1980 c
602 s 13; 1985 c 113 s 3; 2005 c 10 art 2 s 4

642.08 JAILER FOR OPPOSITE SEX; COMPENSATION, DUTIES.
The chief executive officer of every city having a lockup shall appoint some competent
person of good character and of the sex other than that of the chief of police as a jailer, who shall
have exclusive charge of all persons of the jailer's sex committed thereto, and see that they are
kept in a room separate from prisoners of the other sex. The jailer shall receive such compensation
as the governing body shall determine, not less than $5 for each day or fraction thereof during
which a prisoner of the jailer's sex is confined therein.
History: (10882) RL s 5490; 1955 c 491 s 4; 1973 c 123 art 5 s 7; 1987 c 49 s 19; 2005 c
10 art 2 s 4

642.09 INSPECTION; AGENT OF A BOARD OF HEALTH, SHERIFF.
The agent of a board of health as authorized under section 145A.04 of every city having a
lockup shall inspect the same once a year, with reference to its sanitary condition, make a written
report thereof to the commissioner of corrections upon blanks furnished by the commissioner,
and deliver a copy of such report to the governing body of such city. Upon filing such report the
authorized agent shall receive from the treasurer of such municipality a fee of $5. The sheriff of
any county in which a municipality maintains a lockup shall inspect such lockup at least once
every biennium with the approval of the commissioner of corrections, with reference to its security
and administration, and make a written report thereof to the commissioner of corrections upon
blanks furnished by the commissioner, and deliver a copy of such report to the governing body of
the municipality maintaining such lockup. The commissioner may grant licensure up to two years.
History: (10883) RL s 5491; 1955 c 491 s 5; 1959 c 263 s 2; 1973 c 123 art 5 s 7; 1986 c
444; 1987 c 309 s 24; 1994 c 636 art 6 s 27

642.10 CONDEMNATION OF LOCKUP.
When the commissioner of corrections shall become satisfied, from the report of a local agent
of a board of health as authorized under section 145A.04 or sheriff or from the report of any agent
the commissioner may appoint and authorize to examine lockups, or from the commissioner's
inspection that any lockup does not reasonably conform to essential conditions and details of
construction, such as are prescribed by law for plans for lockups, and that such lockup is in a
condition or of a construction such as to endanger the well-being, health, security or life of any
person confined therein, the commissioner shall condemn such lockup by written order and it
shall not be further used while such order is in force.
History: (10884) RL s 5492; 1913 c 438 s 2; 1955 c 491 s 6; 1959 c 263 s 2; 1986 c 444;
1987 c 309 s 24

642.11 CONDEMNATION, HOW ENFORCED.
If any lockup condemned by the commissioner of corrections shall thereafter be used while
the order of condemnation is in force, it shall be the duty of the commissioner to bring an action
in the district court in the county where the lockup is, for the purpose of enforcing the order of
condemnation, and upon the trial of the action a copy of such order, certified in the usual form
by the commissioner, shall be conclusive evidence that such lockup has been condemned by
the commissioner and shall be prima facie evidence that the lockup does not comply with the
requirements of sections 642.02, 642.10 and 642.11 and is unfit for use as a lockup, and that its
future use should be enjoined by the court. Evidence to sustain the order of condemnation may be
received in rebuttal.
History: (10885) 1913 c 438 s 3; 1959 c 263 s 2; 1986 c 444

642.12 FURNISHING LIQUOR TO INMATES.
No sheriff, jailer, police officer, or other person in charge of any jail or lockup, under any
pretense, shall give, sell, or deliver to any prisoner therein any contraband, as defined in section
641.165, subdivision 1, unless a reputable physician certifies in writing that the health of such
prisoner or inmate requires it, in which case the prisoner or inmate may be allowed the prescribed
quantity, and no more.
History: (10886) RL s 5493; 1980 c 602 s 14; 1986 c 444; 2005 c 10 art 2 s 4

642.13 PENALTIES.
Every sheriff, jailer, police officer, or other officer or person in charge of any jail or lockup
who shall violate any preceding provision of this chapter shall, for each such violation, be guilty
of a misdemeanor, and on a second conviction shall be adjudged to be incapable of holding the
office of sheriff, jailer, police officer, or keeper of any jail or lockup, as the case may be, for the
period of six years.
History: (10887) RL s 5494; 2005 c 10 art 2 s 4

642.14 [Repealed, 1980 c 602 s 19]