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09/09/03 15:12 FAX LC8500 ~005
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<br />DEPARTM'~NT OF COLONS 241.021
<br />
<br />hod to Calculate
<br />rs at state'adult
<br />~ the per diem, it
<br />:iult correctional
<br />~et.
<br />:r diem costs for
<br />per diem cost of
<br />~hall include an
<br />opriate prorated
<br />it's management
<br />
<br />:Is are used in all
<br />reflected in. the
<br />
<br />and duties now
<br />relating to the
<br />.tate reformatory
<br />· ~reby transferred
<br />the powers and
<br />such institutions
<br />
<br />ow vested in, or
<br />· isons, jails, and
<br />i, 642.01, 642.02,
<br />~posed upon the
<br />hecommissioner
<br />ereby 'abolished.
<br />
<br />FACILITIEs..
<br />;~t as provided in
<br />~ all correctional
<br />md operated for
<br />ein. according to
<br />state regulating
<br />ules .establishing
<br />~ent, opera, t, ion,
<br />ipline of perSons
<br />ividual, corpora-
<br />gaily responsible
<br />.aless 'licensed by
<br />~ shall havecthe
<br />rections lioenses
<br />f Section 243..52.
<br />tis:subdivision,at
<br />,termine co _mpli-
<br />
<br />ante' with ~the minimum standards established pursuant to this subdivision. The
<br />commissioner shall grant a license to any facility found to conform to minimum
<br />standards or to any facility which, in the commissioner's judgment, is making satisfacto-
<br />ry progress toward substantial conformity and the interests and well-being of the
<br />,persons detained or confined therein are .protected. The commissioner may grant
<br />' licensure up to two years. The commissioner shall have access to the buildings, grounds,
<br />books, records, staff, and to persons detained or confined in these facilities. The
<br />commissioner may require the officers in charge of these facilities to furnish all
<br />information and statistics the commissioner deems necessary, at a time and place
<br />designated by the commissioner. The commissioner may require that any or all such
<br />information be provided through the department of corrections detention information
<br />system. The education program offered 'in a correctional facility for the detention or
<br />confinement of juvenile offenders must be approved by the commissioner of children,
<br />families, and learning before the commissioner of corrections may grant a license to the
<br />facility.
<br /> (b) For juvenile facilities licensed by the commissioner of human services, the
<br />commissioner may inspect and certify programs based on certification standards set
<br />forth in Minnesota Rules: For the purpose of this paragraph, "certification" has the
<br />meaning given it in section 245A.02.
<br /> (c)'Any' state agency which regulates, inspects, or licenses certain aspects of
<br />correctional facilities shall, insofar as 'is poss~le, ensure that' thc minimum standards it
<br />requires are substantially the same as those required by other state agencies which
<br />regulate, inspect; or license the same aspects of similar tyPes of correctional facilities,
<br />although at different correctional facilities.
<br /> (d) Nothing in this section shall be construed to limit the commissioner of
<br />corrections' authority to promulgate rules establishing standards of eligibility for
<br />counties to receive funds under sections 401.01 to 401.16, or to require counties to
<br />comply with operating standards the commissioner establishes as a condition precedent
<br />for counties to receive that funding.
<br /> (e) When the commissioner finds that 'any facility described in paragraph (a),
<br />except foster care facilities for delinquent children and youth as provided in subdivision
<br />2, does not substantially conform to the minimum standards established by the
<br />commissioner and is not making satisfactory progress toward substantial conformance,
<br />the commissioner shall promptly notify the chief executive officer and the governing
<br />hOard of the facility of the deficiencies and order.' that they be remedied within a
<br />reasonable period of time. The commissioner may by written Order restrict the use of
<br />any facility which does not substantially conform to minimum standards to prohibit the
<br />detention of any person therein for more than 72 hours .at one time. When, after due
<br />notice and hearing, thc commissioner finds'that any facility described in this subdivi-
<br />sion, except county jails and lookups as provided in sections 641,26, 642.10, and.642.11,
<br />does not~ conform to minimum standards, or is not making 'satisfactory progress toward
<br />substantial .compliance therewith, the 'commissioner may issue an order revoking the
<br />license of that facility. After revocation of its license, that facility.shall not be used until
<br />its.license is renewed. When the commissioner is satisfied 4hat satisfactory progress
<br />towards substantial compliance with minimum standard' is being made, the commission-
<br />er may, at the request of the appropriate .officials of.the affected facility supported.by a
<br />written scheddle for compliance, grant an, extension:of time for:a~ period not to exceed
<br />one year... ~ ' '"' '"' ,, ""
<br />~- (f)-As used in this subdivision; 'correctional facility .means any facility, including a
<br />group home, having a residential component, the primary purpose, of which is to serve
<br />persons placed .therein. by a court; court'services: department;' parole authority, or other
<br />lcorrectional agency having dispositional power over, pei'sons Charged-With, convicted, or
<br />adjudicated to be guilty or delinquent. '
<br /> ~"Subd: 2.,Foster care facilities-for delinquent chiidrenand:youth; licenses; supervi-
<br />-sion,. Notwithstanding any.. provisions ~ ,in-sections .256.01~ subdivision .2, clause (2),
<br />245A:03, and 245A.04,. to the-contrary,"'but subject to .the :municipality notification
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