Department of Corrections licensed juvenile and adult community-based residential correctional facilities responsibilities clarification provision

A bill for an act

relating to corrections; clarifying responsibilities of Department of Corrections

licensed juvenile and adult community-based residential correctional facilities;

amending Minnesota Statutes 2024, section 241.021, subdivisions 1f, 1i, 4a;

Minnesota Statutes 2025 Supplement, section 241.021, subdivision 1; proposing

coding for new law in Minnesota Statutes, chapter 241; repealing Minnesota

Statutes 2024, section 241.021, subdivisions 1g, 1h, 2a, 2b, 3, 6; Minnesota Statutes

2025 Supplement, section 241.021, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[241.011] LICENSING AND INSPECTING JUVENILE AND ADULT

COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES.

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Subdivision 1.

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Scope.

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Except as provided under section 241.021, sections 241.011 to

241.013 apply to juvenile and adult community-based residential correctional facilities

licensed by the commissioner of corrections. For the purposes of sections 241.011 to 241.013,

juvenile and adult community-based residential correctional facilities are defined as local

correctional facilities.

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Subd. 2.

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Definitions.

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(a) For purposes of sections 241.011 to 241.021, the following

terms have the meanings given.

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(b) "Commissioner" means the commissioner of corrections.

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(c) "Critical incident" has the meaning given in Minnesota Rules, part 2960.0020, subpart

24.

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(d) "Department" means the Department of Corrections.

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(e) "Emergency or unusual occurrence" means an incident that must be reported to the

commissioner through the department's detention information system.

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(f) "Facility administrator" means the officer in charge of a local correctional facility.

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(g) "Local correctional facility" includes:

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(1) a facility licensed to house or serve primarily adults under section 241.31; and

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(2) a facility licensed to detain or serve juveniles, including a group home having a

residential component or foster care facility placements under chapter 260C, for the primary

purpose of:

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(i) residential care and treatment;

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(ii) detention; or

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(iii) foster care services for children in need of out-of-home placement.

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(h) "State correctional facility" means a correctional facility under the commissioner's

control.

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Subd. 3.

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Local correctional facilities; inspection and licensing.

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The commissioner

must inspect and license all local correctional facilities throughout the state established and

operated:

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(1) for serving or housing individuals in the facilities; or

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(2) consistent with section 241.013, subdivision 4, paragraph (a), for detaining or serving

juveniles placed in the facilities by a correctional or noncorrectional agency.

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Subd. 4.

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Inspecting facilities for compliance; publishing inspection reports.

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(a)

Unless the commissioner determines otherwise, the commissioner must inspect all local

correctional facilities at least once every two years to determine compliance with the

minimum standards established according to sections 241.011 to 241.013 or any other law

related to minimum standards and conditions of confinement, not including section 241.021,

subdivisions 1 to 1e.

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(b) The commissioner must have access to a facility's buildings, grounds, books, records,

and staff and to individuals detained or housed in or served by the facility. The commissioner

may require facility administrators to furnish all information and statistics that the

commissioner deems necessary at a time and place designated by the commissioner.

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(c) The commissioner must post each facility inspection report publicly on the

department's website within 30 days after completing an inspection.

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Subd. 5.

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Granting license; expiration.

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(a) The commissioner must grant a license for

up to two years to:

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(1) any facility found to conform to minimum standards; or

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(2) any facility that the commissioner determines is making satisfactory progress toward

substantial conformity and any minimum standards not being met do not impact the interests

and well-being of the individuals detained or housed in or served by the facility.

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(b) A limited license may be issued to effectuate a facility closure.

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(c) Unless otherwise provided by law, all licenses issued under sections 241.011 to

241.013 expire 12:01 a.m. on the day after the expiration date stated on the license.

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Subd. 6.

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Providing and accessing facility data.

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(a) The commissioner may require that

any information under sections 241.011 to 241.013 be provided through the department's

detention information system.

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(b) Notwithstanding chapter 13 or any other state law classifying or restricting access

to data, a facility administrator must furnish to the commissioner all data available to a

facility that the commissioner deems necessary for reviewing any critical incident or

emergency or unusual occurrence at the facility.

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(c) The commissioner may take action against a facility's license according to section

241.012 if a facility administrator fails to provide or grant access to relevant information

or statistics requested by the commissioner that are necessary to conduct or complete:

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(1) inspections;

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(2) reviews of emergency or unusual occurrences; or

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(3) reviews of critical incidents.

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Subd. 7.

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Reporting; deaths, emergencies or unusual occurrences, and critical

incidents.

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(a) A facility administrator must report a death to the commissioner when:

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(1) an individual detained or housed in the facility dies at the facility; or

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(2) an individual dies while receiving medical care stemming from an incident or need

for medical care at the facility that occurred while the individual was detained or housed in

the facility.

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(b) Paragraph (a), clause (2), applies regardless of whether the individual was subject

to the facility's authority while requiring or receiving the medical care.

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(c) A facility administrator must:

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(1) report a death under this subdivision as soon as practicable, but no later than 24 hours

of receiving knowledge of the death; and

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(2) include any demographic information required by the commissioner.

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(d) Except for deaths under paragraphs (a) to (c), all facility administrators must report

all critical incidents or emergency or unusual occurrences to the commissioner within ten

days of the incident or occurrence, including any demographic information required by the

commissioner.

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Subd. 8.

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Death review teams.

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(a) If a local correctional facility under subdivision 2,

paragraph (g), clause (2), receives notice of the death of an individual who died under

circumstances described in subdivision 7, paragraph (a), within 90 days of the death, the

following individuals must review the circumstances of the death and assess for preventable

mortality and morbidity, including but not limited to recommending policy or procedure

change:

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(1) the facility administrator;

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(2) a medical expert of the facility's choosing who did not provide medical services to

the individual and who is licensed as a physician or physician assistant by the Board of

Medical Practice under chapter 147 or 147A; and

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(3) if appropriate, a mental health expert.

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(b) The investigating law enforcement agency may provide documentation for, participate

in, or provide documentation for and participate in the review if criminal charges are not

brought. A preliminary autopsy report must be provided as part of the review and any

subsequent autopsy findings as available.

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(c) The facility administrator must notify the commissioner via the department's detention

information system that the facility has conducted a review and identify any recommendations

for changes in policy, procedure, or training that will be implemented.

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(d) Any report or other documentation created for purposes of a facility death review is

confidential data on individuals under section 13.02, subdivision 3. Nothing in this section

relieves the facility administrator from complying with the notice of death to the

commissioner required under subdivision 7.

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Subd. 9.

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Rulemaking.

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(a) The commissioner must adopt rules establishing minimum

standards for local correctional facilities for the management, operation, and physical

condition of the facilities and the security, safety, health, treatment, and discipline of

individuals detained or housed in or served by the facilities.

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(b) The time limit to adopt rules under section 14.125 does not apply to amendments to

rule chapters in effect on the effective date of this section.

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Sec. 2.

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[241.012] LICENSING ACTIONS AGAINST JUVENILE AND ADULT

COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES.

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Subdivision 1.

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Correction order; conditional license.

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(a) For any local correctional

facility under section 241.011, subdivision 2, paragraph (g), the commissioner must:

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(1) promptly notify the facility administrator and the facility's governing board of a

deficiency if the commissioner finds that:

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(i) the facility does not substantially conform to the minimum standards established by

the commissioner and is not making satisfactory progress toward substantial conformance;

and

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(ii) the nonconformance does not present an imminent risk of life-threatening harm or

serious physical injury to the individuals detained or housed in or served by the facility;

and

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(2) issue a correction order or a conditional license order requiring that the deficiency

be remedied within a reasonable and specified period.

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(b) A conditional license order may restrict the use of any facility that does not

substantially conform to minimum standards, including by:

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(1) imposing conditions limiting operation of the facility or parts of the facility;

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(2) reducing facility capacity;

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(3) limiting intake;

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(4) limiting length of detention or placement for individuals; or

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(5) imposing detention or placement limitations based on the needs of the detained or

housed individuals or individuals served by the facility.

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(c) A correction order or conditional license order must clearly state:

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(1) the specific minimum standards violated, noting the implicated rule or statute;

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(2) the findings that constitute a violation of minimum standards;

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(3) the corrective action needed;

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(4) the time allowed to correct each violation; and

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(5) if a license is made conditional:

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(i) the length and terms of the conditional license;

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(ii) any conditions limiting operation of the facility or parts of the facility; and

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(iii) the reasons for making the license conditional.

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(d) Nothing in this section prohibits the commissioner from ordering a revocation under

subdivision 3 before issuing a correction order or conditional license order.

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Subd. 2.

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Requesting review of conditional license order.

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(a) A facility administrator

may request that the commissioner review the findings in a conditional license order under

subdivision 1 on the grounds that satisfactory progress toward substantial compliance with

minimum standards has been made, supported by evidence of correction. If appropriate, the

request may include a written schedule for compliance.

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(b) Within ten business days of receiving a request, the commissioner must review the

evidence of correction and the progress made toward substantial compliance with minimum

standards.

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(c) When the commissioner has assurance that satisfactory progress toward substantial

compliance with minimum standards is being made, the commissioner must:

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(1) modify or lift any conditions limiting operation of the facility or parts of the facility;

or

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(2) remove the conditional license order.

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Subd. 3.

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License revocation order.

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(a) After due notice to a facility administrator of

the commissioner's intent to issue a revocation order, the commissioner may issue an order

revoking a facility's license if the commissioner finds that:

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(1) the facility does not conform to minimum standards or is not making satisfactory

progress toward substantial compliance with minimum standards; and

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(2) the nonconformance does not present an imminent risk of life-threatening harm or

serious physical injury to the individuals detained or housed in or served by the facility.

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(b) The notice of intent to issue a revocation order must include:

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(1) the citation to minimum standards that have been violated;

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(2) the nature and severity of each violation;

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(3) whether the violation is recurring or nonrecurring;

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(4) the effect of the violation on individuals detained or housed in or served by the

facility;

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(5) an evaluation of the risk of harm to individuals detained or housed in or served by

the facility; and

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(6) relevant facts, conditions, and circumstances related to the facility's operation,

including, at a minimum:

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(i) specific facility deficiencies that endanger the health or safety of individuals detained

or housed in or served by the facility;

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(ii) substantiated complaints relating to the facility; or

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(iii) any other evidence that the facility is not in compliance with minimum standards.

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(c) Within 30 days of receiving a notice under paragraph (b), the facility administrator

must submit a written response with:

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(1) any information related to errors in the notice and the facility's ability to conform to

minimum standards within a set period, including but not limited to a written schedule for

compliance and any other information that the facility administrator deems relevant for the

commissioner's consideration; and

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(2) a written plan:

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(i) indicating how the facility will ensure the transfer of individuals detained or housed

in or served by the facility and records if the facility closes; and

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(ii) specifying arrangements that the facility will make to transfer individuals detained

or housed in or served by the facility to another licensed local correctional facility for

continuation of detention.

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(d) When revoking a license, the commissioner must consider:

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(1) the nature, chronicity, or severity of the statute or rule violation; and

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(2) the effect of the violation on the health, safety, or rights of individuals detained or

housed in or served by the facility.

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(e) The commissioner must issue a revocation order if the facility administrator does

not respond within 30 days to the notice or if the commissioner does not have assurance

that satisfactory progress toward substantial compliance with minimum standards will be

made. The revocation order must be sent to the facility administrator and the facility's

governing board, clearly stating:

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(1) the specific minimum standards violated, noting the implicated rule or statute;

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(2) the findings that constitute a violation of minimum standards and the nature,

chronicity, or severity of the violations;

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(3) the corrective action needed;

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(4) any prior correction order or conditional license order issued to correct a violation;

and

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(5) the date on which the license revocation will occur.

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(f) A revocation order may authorize facility use until a certain date, not to exceed the

duration of the active license:

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(1) unless a limited license is issued by the commissioner to effectuate a facility closure;

and

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(2) if continued operation does not present an imminent risk of life-threatening harm or

is not likely to result in serious physical injury to the individuals detained or housed in or

served by the facility.

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(g) After a facility's license is revoked, the facility must not be used until the license is

reinstated. When the commissioner is assured that satisfactory progress toward substantial

compliance with minimum standards is being made, the commissioner may, at the request

of the facility administrator supported by a written schedule for compliance, reinstate the

license.

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Subd. 4.

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Reconsideration orders.

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(a) If a facility administrator believes that a correction

order, conditional license order, or revocation order is in error, the facility administrator

may ask the commissioner to reconsider the parts of the order or action that are alleged to

be in error. The request for reconsideration must:

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(1) be made in writing;

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(2) be postmarked and sent to the commissioner within 30 calendar days after receiving

the order;

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(3) specify the parts of the order or the action that is alleged to be in error;

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(4) explain why the order or action is in error; and

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(5) include documentation to support the allegation of error.

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(b) The commissioner must issue a disposition within 60 days of receiving the facility

administrator's response under paragraph (a). A request for reconsideration does not stay

any provisions or requirements of the order.

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Subd. 5.

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Temporary immediate license suspension.

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(a) The commissioner must act

immediately to temporarily suspend a license issued under sections 241.011 to 241.013 if:

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(1) the facility's failure to comply with applicable minimum standards or the conditions

in the facility pose an imminent risk of life-threatening harm or serious physical injury to

individuals detained or housed in or served by the facility, staff, law enforcement, visitors,

or the public and:

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(i) if the imminent risk of life-threatening harm or serious physical injury cannot be

promptly corrected through a different type of order under this section; and

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(ii) the facility cannot or has not corrected the violation giving rise to the imminent risk

of life-threatening harm or serious physical injury; or

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(2) while the facility continues to operate pending due notice and opportunity for written

response to the commissioner's notice of intent to issue a revocation order under subdivision

3, the commissioner identifies one or more subsequent violations of minimum standards

that may adversely affect the health or safety of individuals detained or housed in or served

by the facility, staff, law enforcement, visitors, or the public.

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(b) A notice stating the reasons for the temporary immediate suspension must be delivered

by personal service to the facility administrator and the facility's governing board.

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(c) A facility administrator and the facility's governing board must discontinue operating

the facility upon receiving the commissioner's order to immediately suspend the license.

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Subd. 6.

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Requesting reconsideration of temporary immediate suspension.

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(a) A

facility administrator may request reconsideration of an order immediately suspending a

license. The request for reconsideration must be made in writing and sent by certified mail

or personal service as follows:

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(1) if mailed, the request for reconsideration must be postmarked and sent to the

commissioner within five business days after the facility administrator receives notice that

the license has been immediately suspended; and

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(2) if a request is made by personal service, the request must be received by the

commissioner within five business days after the facility administrator received the order.

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(b) The request for reconsideration must:

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(1) specify the parts of the order that are alleged to be in error;

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(2) explain why they are in error; and

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(3) include documentation to support the allegation of error.

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(c) Within five business days of receiving the facility administrator's timely request for

reconsideration, the commissioner must review the request. For a review under subdivision

5, paragraph (a), clause (2), the review must be limited solely to whether the temporary

immediate suspension order should remain in effect pending the written response to the

commissioner's notice of intent to issue a revocation order.

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Subd. 7.

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Appealing commissioner's reconsideration request.

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(a) The commissioner's

disposition of a request for reconsideration of a correction, conditional license, temporary

immediate suspension, or revocation order is final and subject to appeal. Before a facility

administrator may request an appeal under paragraph (b), the facility administrator must

request reconsideration according to this section of any correction, conditional license,

temporary immediate suspension, or revocation order.

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(b) Within 60 days after the postmark date of the mailed notice of the commissioner's

decision on a request for reconsideration, the facility administrator may appeal the decision

by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota

Rules of Civil Appellate Procedure, Rule 115.

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Subd. 8.

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Public notice of restriction, revocation, or suspension.

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If a facility's license

is revoked or suspended under this section, a facility's use is restricted for any reason under

a conditional license order, or a correction order is issued to a facility, the commissioner

must publicly post the following information on the department's website:

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(1) the facility name;

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(2) the status of the facility's license;

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(3) the reason for the correction order, restriction, revocation, or suspension; and

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(4) any subsequent findings by the commissioner identifying satisfactory progress toward

substantial compliance with minimum standards.

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Sec. 3.

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[241.013] LICENSING AND INSPECTING LOCAL JUVENILE

CORRECTIONAL FACILITIES.

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Subdivision 1.

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Scope.

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This section applies to local juvenile correctional facilities under

section 241.011, subdivision 2, paragraph (g), licensed by the commissioner of corrections

to detain or serve juveniles, including those providing residential or foster care facility

placements under chapter 260C.

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Subd. 2.

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Facilities for children and youth; inspection and licensing.

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(a)

Notwithstanding any provisions in sections 245A.03; 245A.04; and 256.01, subdivision 2,

paragraph (a), clause (2); and chapter 245C to the contrary, the commissioner must inspect

all local juvenile correctional facilities under section 241.011, subdivision 3, except as

provided under paragraph (c).

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(b) The commissioner must grant a license for up to two years to a county, municipality,

or facility:

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(1) according to section 241.011, subdivision 5; and

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(2) if the commissioner is satisfied that the interests and well-being of children and youth

are protected.

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(c) For local juvenile correctional facilities licensed by the commissioner of human

services, the commissioner of corrections may inspect and certify programs based on

certification standards under Minnesota Rules. For purposes of this paragraph, "certification"

has the meaning given in section 245A.02.

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Subd. 3.

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Commissioner consultation.

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Local juvenile correctional facilities must consult

with the commissioner as needed to strengthen services to children and youth.

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Subd. 4.

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Affected municipality; notice.

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(a) The commissioner must not grant a license

to a local juvenile correctional facility without giving 30 calendar days' written notice to

any affected municipality or other political subdivision unless the facility:

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(1) has a licensed capacity of six or fewer individuals; and

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(2) is occupied by either the licensee or a group foster home parent.

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(b) The notification must be given before the license is first granted and annually

thereafter if annual notification is requested in writing by the affected municipality or other

political subdivision.

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(c) 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

this section until the requirements under this subdivision have been met.

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Subd. 5.

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Licensing with juveniles from outside state.

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The commissioner must not issue

or renew a license to a facility under this section to operate a local juvenile correctional

facility if:

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(1) the facility accepts juveniles who reside outside Minnesota; and

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(2) there is no agreement with the entity placing the juvenile at the facility that obligates

the entity to pay the juvenile's educational expenses.

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Subd. 6.

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Licensing actions.

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The licensing actions under section 241.012 apply to a

facility licensed under this section.

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Subd. 7.

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Education for juveniles.

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Notwithstanding subdivision 1, the education program

offered in a state or local correctional facility for the placement, confinement, or incarceration

of juveniles must be approved by the commissioner of education before the commissioner

of corrections may grant a license to the facility.

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Subd. 8.

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Rulemaking.

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(a) The commissioner must adopt rules for local juvenile

correctional facilities according to Laws 1995, chapter 226, article 3, sections 50, 51, and

60, as amended.

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(b) The time limit to adopt rules under section 14.125 does not apply to amendments to

Minnesota Rules, chapter 2960, in effect on the effective date of this section.

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Sec. 4.

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[241.014] SECURITY AUDITS FOR STATE CORRECTIONAL FACILITIES.

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Subdivision 1.

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Purpose.

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This section applies to state correctional facilities.

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Subd. 2.

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Definitions.

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(a) For purposes of this section, the following terms have the

meanings given.

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(b) "Audit group" means the state correctional facilities security audit group under

subdivision 5.

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(c) "Corrections and detention confidential data" has the meaning given in section 13.85,

subdivision 3.

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(d) "Security information" has the meaning given in section 13.37, subdivision 1.

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Subd. 3.

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Biennial report and audit of security practices.

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The department's inspection

unit must conduct biennial security audits of each state correctional facility using the

standards established by the audit group. The inspection unit must:

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(1) prepare a report for each audit; and

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(2) submit the report to the audit group within 30 days of completing the audit.

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Subd. 4.

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Data.

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(a) Corrections and detention confidential data and security information

contained in reports and records of the audit group:

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(1) must maintain that classification, regardless of the data's classification in the hands

of the person who provided the data; and

new text end

new text begin

(2) are not subject to discovery or introduction into evidence in a civil or criminal action

against the state arising out of any matter that the audit group is reviewing.

new text end

new text begin

(b) Information, documents, and records otherwise available from other sources are not

immune from discovery or use in a civil or criminal action solely because the information,

documents, and records were acquired during an audit.

new text end

new text begin

(c) Nothing in this subdivision limits a person who presented information to the audit

group or who is an audit group member from testifying about matters within the person's

knowledge. In a civil or criminal proceeding, a person must not be questioned about the

person's good faith presentation of information to the audit group or opinions formed by

the person as a result of an audit.

new text end

new text begin

Subd. 5.

new text end

new text begin

State correctional facilities security audit group.

new text end

new text begin

(a) The commissioner must

form a state correctional facilities security audit group. The audit group must consist of the

following members:

new text end

new text begin

(1) a department employee who is not assigned to the correctional institutions division,

appointed by the commissioner;

new text end

new text begin

(2) the ombudsperson for corrections or a designee;

new text end

new text begin

(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association,

appointed by the commissioner;

new text end

new text begin

(4) an individual with expertise in security related to infrastructure and operational

logistics of correctional facilities who is not required to reside in Minnesota, appointed by

the governor;

new text end

new text begin

(5) the commissioner of health or a designee;

new text end

new text begin

(6) the commissioner of administration or a designee;

new text end

new text begin

(7) two senators, one appointed by the senate majority leader and one appointed by the

senate minority leader; and

new text end

new text begin

(8) two representatives, one appointed by the speaker of the house and one appointed

by the minority leader of the house of representatives.

new text end

new text begin

(b) The ombudsperson chairs the audit group. The audit group must establish security

audit standards for state correctional facilities. In developing the standards, the audit group,

or individual members of the audit group, may gather information from state correctional

facilities and state correctional staff and inmates. The audit group must:

new text end

new text begin

(1) periodically review and modify the standards as needed; and

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new text begin

(2) report the standards to the chairs and ranking minority members of the house of

representatives and senate committees with jurisdiction over public safety policy and finance

when the standards are modified.

new text end

new text begin

(c) The audit group must meet twice annually to review facility audit reports submitted

to the audit group by the department's inspection unit. Notwithstanding any law to the

contrary, the audit group may review the full audit reports, including but not limited to

corrections and detention confidential data and security information.

new text end

new text begin

(d) Within 60 days of meeting to review an audit report from the department's inspection

unit, the audit group must make recommendations to the commissioner. Within 45 days of

receiving the audit group's recommendations, the commissioner must respond in writing to

the audit group's findings and recommendations. The commissioner's response must explain:

new text end

new text begin

(1) whether the commissioner will implement the audit group's recommendations;

new text end

new text begin

(2) the timeline for implementing the recommendations; and

new text end

new text begin

(3) if the commissioner will not implement the recommendations, why the commissioner

will not or cannot implement the recommendations.

new text end

new text begin

(e) The commissioner must include a written aggregate of the audit group's

recommendations based on each security audit and assessment of a state correctional facility

and the commissioner's responses to the recommendations in the biennial report under

section 241.016, subdivision 1. The commissioner must not include corrections and detention

confidential data and security information in the commissioner's report.

new text end

new text begin

(f) The commissioner must provide staffing and administrative support to the audit

group.

new text end

new text begin

Subd. 6.

new text end

new text begin

Compensation.

new text end

new text begin

Except as otherwise provided in this subdivision, the terms,

compensation, and removal of audit group members are governed by section 15.059. Audit

group members serve without compensation but may receive expense reimbursement.

new text end

new text begin

Subd. 7.

new text end

new text begin

Expiration.

new text end

new text begin

Notwithstanding section 15.059, subdivision 6, the audit group

does not expire.

new text end

new text begin

Subd. 8.

new text end

new text begin

Open meeting law.

new text end

new text begin

The audit group is not subject to chapter 13D.

new text end

Sec. 5.

Minnesota Statutes 2025 Supplement, section 241.021, subdivision 1, is amended

to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a)
deleted text begin
Except as provided

in paragraph (b),
deleted text end
The commissioner of corrections shall inspect and license all
deleted text begin
correctional

facilities throughout the state
deleted text end
new text begin
jails and lockups under chapters 641 and 642
new text end
, whether public

or private, established and operated for the detention and confinement of persons confined

or incarcerated 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 confined or incarcerated therein. These minimum standards shall

include but are not limited to specific guidance pertaining to:

(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated

in correctional facilities with mental illness or substance use disorders;

(2) a policy on the involuntary administration of medications, including a process for

determining on intake whether a Jarvis Order is in place and ensuring it will be followed

during the confinement or incarceration;

(3) suicide prevention plans and training;

(4) verification of medications in a timely manner;

(5) well-being checks;

(6) discharge planning, including providing prescribed medications to persons confined

or incarcerated in correctional facilities upon release;

(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional

institution;

(8) use of segregation and mental health checks;

(9) critical incident debriefings;

(10) clinical management of substance use disorders and opioid overdose emergency

procedures;

(11) a policy regarding identification of persons with special needs confined or

incarcerated in correctional facilities;

(12) a policy regarding the use of telehealth;

(13) self-auditing of compliance with minimum standards;

(14) information sharing with medical personnel and when medical assessment must be

facilitated;

(15) a code of conduct policy for facility staff and annual training;

(16) a policy on death review of all circumstances surrounding the death of an individual

committed to the custody of the facility; and

(17) dissemination of a rights statement made available to persons confined or

incarcerated in licensed correctional facilities.

No individual, corporation, partnership, voluntary association, or other private

organization legally responsible for the operation of a correctional facility may operate the

facility unless it possesses a current license from 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 the 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 two years, except as otherwise provided, to determine compliance with

the minimum standards established according to this subdivision or other Minnesota statute

related to minimum standards and conditions of confinement.

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 standards not being met do not impact the

interests and well-being of the persons confined or incarcerated in the facility. A limited

license under subdivision 1a may be issued for purposes of effectuating a facility closure.

The commissioner may grant licensure up to two years. Unless otherwise specified by

statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the

expiration date stated on the license.

The commissioner shall have access to the buildings, grounds, books, records, staff, and

to persons confined or incarcerated 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. Notwithstanding

chapter 13 or any other state law classifying or restricting access to data, the officers in

charge of these facilities must furnish all data available to the facility that the commissioner

deems necessary to conduct a review of any emergency or unusual occurrence at the facility.

Failure to provide or grant access to relevant information or statistics necessary to fulfill

inspection or emergency or unusual occurrence reviews, as requested by the commissioner,

may be grounds for the commissioner to take action against a correctional facility's license

under subdivision 1a, 1b, or 1c.

All facility administrators of correctional facilities are required to report all deaths of

individuals who died while committed to the custody of the facility, regardless of whether

the death occurred at the facility or after removal from the facility for medical care stemming

from an incident or need for medical care at the correctional facility, as soon as practicable,

but no later than 24 hours of receiving knowledge of the death, including any demographic

information as required by the commissioner.

All facility administrators of correctional facilities are required to report all other

emergency or unusual occurrences as defined by rule, including uses of force by facility

staff that result in substantial bodily harm or suicide attempts, to the commissioner of

corrections within ten days from the occurrence, including any demographic information

as required by the commissioner. The commissioner of corrections shall consult with the

Minnesota Sheriffs' Association and a representative from the Minnesota Association of

Community Corrections Act Counties who is responsible for the operations of an adult

correctional facility to define "use of force" that results in substantial bodily harm for

reporting purposes.

The commissioner may require that any or all such information be provided through the

Department of Corrections detention information system. The commissioner shall post each

inspection report publicly and on the department's website within 30 days of completing

the inspection. The education program offered in a correctional facility for the confinement

or incarceration of juvenile offenders must be approved by the commissioner of education

before the commissioner of corrections may grant a license to the facility.

deleted text begin

(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
.

deleted text end

deleted text begin

(c)
deleted text end
new text begin
(b)
new text end
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.

deleted text begin

(d)
deleted text end
new text begin
(c)
new text end
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 chapter 401, or to require counties to comply with operating standards the

commissioner establishes as a condition precedent for counties to receive that funding.

deleted text begin

(e)
deleted text end
new text begin
(d)
new text end
The department's inspection unit must report directly to a division head outside

of the correctional institutions division.

Sec. 6.

Minnesota Statutes 2024, section 241.021, subdivision 1f, is amended to read:

Subd. 1f.

Report.

By February 15, 2022, and by February 15 each year thereafter, the

commissioner of corrections shall report to the chairs and ranking minority members of the

house of representatives and senate committees and divisions with jurisdiction over public

safety and judiciary on the status of the implementation of the provisions in
deleted text begin
this section
deleted text end
new text begin

sections 241.011 to 241.021
new text end
over the prior year, particularly the health and safety of

individuals confined or incarcerated in
deleted text begin
a
deleted text end
new text begin
local adult correctional facilities under this section,

local correctional facilities under section 241.011, and
new text end
state correctional
deleted text begin
facility and a facility

licensed by the commissioner
deleted text end
new text begin
facilities
new text end
. This report shall include but not be limited to data

regarding:

(1) the number of confined or incarcerated persons who died while committed to the

custody of the facility, regardless of whether the death occurred at the facility or after

removal from the facility for medical care stemming from an incident or need for medical

care at the correctional facility, including aggregated demographic information and the

correctional facilities' most recent inspection reports and any corrective orders or conditional

licenses
deleted text begin
issued
deleted text end
new text begin
, revocations, or temporary immediate suspensions
new text end
;

(2) the aggregated results of the death reviews by facility as required by subdivision 8
new text begin

or section 241.011, subdivision 8
new text end
, including any implemented policy changes;

(3) the number of uses of force by facility staff on persons confined or incarcerated in

the correctional facility, including but not limited to whether those uses of force were

determined to be justified by the facility, for which the commissioner of corrections shall

consult with the Minnesota Sheriffs' Association and a representative from the Minnesota

Association of Community Corrections Act Counties who is responsible for the operations

of an adult correctional facility to develop criteria for reporting and define reportable uses

of force;

(4) the number of suicide attempts, number of people transported to a medical facility,

and number of people placed in segregation;

(5) the number of persons committed to the commissioner of corrections' custody that

the commissioner is housing in facilities licensed under subdivision 1
new text begin
and section 241.011
new text end
,

including but not limited to:

(i) aggregated demographic data of those individuals;

(ii) length of time spent housed in a licensed correctional facility; and

(iii) any contracts the Department of Corrections has with correctional facilities to provide

housing; and

(6) summary data from state correctional facilities regarding complaints involving alleged

on-duty staff misconduct, including but not limited to the:

(i) total number of misconduct complaints and investigations;

(ii) total number of complaints by each category of misconduct, as defined by the

commissioner of corrections;

(iii) number of allegations dismissed as unfounded;

(iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;

and

(v) number of allegations substantiated, any resulting disciplinary action, and the nature

of the discipline.

Sec. 7.

Minnesota Statutes 2024, section 241.021, subdivision 1i, is amended to read:

Subd. 1i.

Definition.

As used in this section, "correctional facility" means any
deleted text begin
facility,

including a group home, having a residential component, the primary purpose of which is

to serve persons placed in facilities by a court, court services department, parole authority,

or other correctional agency having dispositional power over persons charged with, convicted,

or adjudicated guilty or delinquent
deleted text end
new text begin
jail or lockup under chapter 641 or 642
new text end
.

Sec. 8.

Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:

Subd. 4a.

Substance use disorder treatment programs.

All
deleted text begin
residential
deleted text end
substance use

disorder treatment programs operated by the commissioner of corrections to treat
deleted text begin
adults
deleted text end
new text begin

individuals
new text end
committed to the commissioner's custody
deleted text begin
shall
deleted text end
new text begin
or to treat juveniles in

state-operated juvenile correctional facilities that have a correctional program services

certification per Minnesota Rules, chapter 2960, must
new text end
comply with the standards mandated

in chapter
245G
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.

Sec. 9.
new text begin
RULEMAKING; DEPARTMENT OF CORRECTIONS; LICENSED

JUVENILE FACILITIES.
new text end

new text begin

Subdivision 1.

new text end

new text begin

Administrative and medical separation.

new text end

new text begin

(a) The notification

requirements in this subdivision apply to juvenile facilities licensed by the commissioner

of corrections under Minnesota Statutes, sections 241.011 to 241.013.

new text end

new text begin

(b) A facility's chief administrator must notify the commissioner according to Minnesota

Rules, part 2960.0270, subpart 12, if a resident is expected to be, or has been, in

administrative or medical separation for more than seven days.

new text end

new text begin

(c) The notification under paragraph (b) must be within ten days of the resident's

placement, or expected placement, in administrative separation or medical separation for

more than seven days.

new text end

new text begin

(d) This subdivision expires when the rules adopted under subdivision 2 are effective.

new text end

new text begin

Subd. 2.

new text end

new text begin

Rulemaking.

new text end

new text begin

(a) The commissioner of corrections must amend Minnesota

Rules, parts 2960.0740, subpart 3, and 2960.0750, subpart 3, to require notification according

to subdivision 1, paragraphs (b) and (c).

new text end

new text begin

(b) The commissioner may use the good cause exemption under Minnesota Statutes,

section 14.388, subdivision 1, clause (3), to adopt rules under this subdivision.

new text end

new text begin

(c) Notwithstanding Minnesota Laws 1995, chapter 226, article 3, sections 50, 51, and

60, or any other law to the contrary, the joint rulemaking authority with the commissioners

of the Department of Human Services and other state agencies does not apply to rules

adopted under this subdivision.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 10.
new text begin
REVISOR INSTRUCTION.
new text end

new text begin

(a) The revisor of statutes must renumber each section of Minnesota Statutes listed in

column A with the number listed in column B.

new text end

new text begin

Column A

new text end

new text begin

Column B

new text end

new text begin

241.021, subdivision 4

new text end

new text begin

241.74, subdivision 1

new text end

new text begin

241.021, subdivision 4a

new text end

new text begin

241.39

new text end

new text begin

241.021, subdivision 4b

new text end

new text begin

241.74, subdivision 2, paragraph (a)

new text end

new text begin

241.021, subdivision 4c

new text end

new text begin

241.74, subdivision 2, paragraph (b)

new text end

new text begin

241.021, subdivision 4d

new text end

new text begin

241.74, subdivision 3

new text end

new text begin

241.021, subdivision 4e

new text end

new text begin

241.254

new text end

new text begin

(b) As a result of amendments to Minnesota Statutes, sections 241.011 to 241.021, the

revisor of statutes must work with the Department of Corrections to correct cross-references

in Minnesota Statutes and Minnesota Rules and make other necessary grammatical and

technical changes.

new text end

Sec. 11.
new text begin
REPEALER.
new text end

new text begin

(a)

new text end

new text begin

Minnesota Statutes 2024, section 241.021, subdivisions 1g, 1h, 2a, 2b, 3, and 6,

new text end

new text begin

are

repealed.

new text end

new text begin

(b)

new text end

new text begin

Minnesota Statutes 2025 Supplement, section 241.021, subdivision 2,

new text end

new text begin

is repealed.

new text end

APPENDIX

Repealed Minnesota Statutes: S4370-1

241.021 LICENSING AND SUPERVISION OF FACILITIES.

Subd. 1g.

Biennial assessment and audit of security practices; state correctional facilities.

(a) Beginning in 2022, the commissioner shall have the department's inspection unit conduct biennial security audits of each state correctional facility using the standards promulgated by the state correctional facilities security audit group. The unit must prepare a report for each assessment and audit and submit the report to the state correctional facilities security audit group within 30 days of completion of the audit.

(b) Corrections and detention confidential data, as defined in section
13.85, subdivision
3, and nonpublic security information, as defined in section
13.37, subdivision 1
, that is contained in reports and records of the group maintain that classification, regardless of the data's classification in the hands of the person who provided the data, and are not subject to discovery or introduction into evidence in a civil or criminal action against the state arising out of the matters the group is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were acquired during the group's audit. This section does not limit a person who presented information to the group or who is a member of the group from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person may not be questioned about the person's good faith presentation of information to the group or opinions formed by the person as a result of the group's audits.

Subd. 1h.

State correctional facilities security audit group.

(a) Beginning in fiscal year 2022, the commissioner shall form a state correctional facilities security audit group. The group must consist of the following members:

(1) a Department of Corrections employee who is not assigned to the correctional institutions division, appointed by the commissioner;

(2) the ombudsperson for corrections or a designee;

(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and appointed by the commissioner;

(4) an individual with expertise in security related to infrastructure and operational logistics of correctional facilities who is not required to reside in Minnesota, appointed by the governor;

(5) the commissioner of health or a designee;

(6) the commissioner of administration or a designee;

(7) two senators, one appointed by the senate majority leader and one appointed by the minority leader; and

(8) two representatives, one appointed by the speaker of the house and one appointed by the minority leader of the house of representatives.

(b) The ombudsperson or a designee shall chair the group. The group shall establish security audit standards for state correctional facilities. In developing the standards, the group, or individual members of the group, may gather information from state correctional facilities and state correctional staff and inmates. The security audit group must periodically review the standards and modify them as needed. The group must report the standards to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety policy and finance whenever the standards are updated.

(c) The group shall meet twice a year to review facility audit reports submitted to the group by the agency's inspection unit. Notwithstanding any law to the contrary, the group is entitled to review the full audit reports including nonpublic security information and corrections and detention confidential data. Within 60 days of meeting to review audit reports from the department's inspection unit, the group must make recommendations to the commissioner. Within 45 days of receiving the group's recommendations, the commissioner must reply in writing to the group's findings and recommendations. The commissioner's response must explain whether the agency will implement the group's recommendations, the timeline for implementation of the changes, and, if not, why the commissioner will not or cannot implement the group's recommendations.

(d) Beginning in 2023, the commissioner must include a written aggregate of the group's recommendations based on each security audit and assessment of a state correctional facility and the commissioner's responses to the recommendations in the biennial report required under section
241.016, subdivision 1
. The commissioner shall not include corrections and detention confidential data, as defined in section
13.85, subdivision 3
, and nonpublic security information, as defined in section
13.37, subdivision 1
, in the commissioner's report to the legislature.

(e) The commissioner shall provide staffing and administrative support to the group.

(f) The state correctional facilities security audit group is not subject to chapter 13D.

(g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of members of the group are governed by section
15.059
. Members of the group serve without compensation but shall receive expense reimbursement. Notwithstanding section
15.059, subdivision 6
, the group does not expire.

Subd. 2.

Facilities for delinquent children and youth; licenses; supervision.

Notwithstanding any provisions in sections
142B.05
;
142B.10
;
245A.03
;
245A.04
; and
256.01, subdivision 2
, paragraph (a), clause (2), 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.

Affected municipality; notice.

The commissioner must not grant 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 license is first granted 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; facilities; juveniles from outside state.

The commissioner may not:

(1) grant 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. 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.