2007 Minnesota Statutes

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