Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as provided
in paragraph (b), the commissioner of corrections shall inspect and license all correctional
facilities throughout the state, whether public or private, established and operated for the
detention and confinement of persons deleted text begindetained ordeleted text end confinednew text begin or incarceratednew text end 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 deleted text begindetained ordeleted text end
confinednew text begin or incarceratednew text end therein. deleted text beginCommencing September 1, 1980,deleted text endnew text begin These minimum standards
shall include but are not limited to specific guidance pertaining to:
new text end

new text begin (1) mental health, including but not limited to assessment following admission, medication
administration, and requirements for discharge planning;
new text end

new text begin (2) self-auditing of compliance with minimum standards;
new text end

new text begin (3) information sharing with medical personnel and when medical assessment must be
facilitated;
new text end

new text begin (4) a code of conduct policy for facility staff and annual training;
new text end

new text begin (5) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and
new text end

new text begin (6) dissemination of a rights statement made available to persons confined or incarcerated
in licensed correctional facilities.
new text end

No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless deleted text beginlicensed bydeleted text endnew text begin it possesses a current license fromnew text end 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 deleted text beginsuchdeleted text endnew text begin thenew text end 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 deleted text beginbienniumdeleted text endnew text begin two yearsnew text end, except as otherwise provided deleted text beginhereindeleted text end, to determine
compliance with the minimum standards established deleted text beginpursuantdeleted text endnew text begin accordingnew text end to this subdivisionnew text begin
or other law related to minimum standards and conditions of confinementnew text end.

The commissioner shall grant a license to any facility found to conform to minimum
standards or to any facility which, in the commissioner's judgment, is making satisfactory
progress toward substantial conformity and the interests and well-being of the persons
deleted text begin detained ordeleted text end confined deleted text beginthereindeleted text endnew text begin or incarcerated in the facilitynew text end are protected. The commissioner
may grant licensure up to two years. new text beginUnless 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.
new text end

The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons deleted text begindetained ordeleted text end confinednew text begin or incarceratednew text end 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.

new text begin All facility administrators of correctional facilities defined under subdivision 1f 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, within 24 hours of receiving knowledge of the death, including any
demographic information as required by the commissioner.
new text end

new text begin All facility administrators of correctional facilities defined under subdivision 1f 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, 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 to define "use of force" that results in substantial bodily
harm for reporting purposes.
new text end

The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. new text beginThe commissioner shall post each
inspection report publicly within 30 days of completing the inspection. new text endThe education
program offered in a correctional facility for the deleted text begindetention ordeleted text end confinement new text beginor incarceration
new text end of juvenile offenders must be approved by the commissioner of education before the
commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given
it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional
facilities shall, insofar as is possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies which regulate, inspect, or
license the same aspects of similar types of correctional facilities, although at different
correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of corrections'
authority to promulgate rules establishing standards of eligibility for counties to receive
funds under sections 401.01 to 401.16, or to require counties to comply with operating
standards the commissioner establishes as a condition precedent for counties to receive that
funding.

deleted text begin (e) When the commissioner finds that any facility described in paragraph (a), except
foster care facilities for delinquent children and youth as provided in subdivision 2, does
not substantially conform to the minimum standards established by the commissioner and
is not making satisfactory progress toward substantial conformance, the commissioner shall
promptly notify the chief executive officer and the governing board of the facility of the
deficiencies and order that they be remedied within a reasonable period of time. The
commissioner may by written order restrict the use of any facility which does not substantially
conform to minimum standards to prohibit the detention of any person therein for more than
72 hours at one time. When, after due notice and hearing, the commissioner finds that any
facility described in this subdivision, except county jails and lockups as provided in sections
641.26, 642.10, and 642.11, does not conform to minimum standards, or is not making
deleted text end deleted text begin satisfactory progress toward substantial compliance therewith, the commissioner may issue
an order revoking the license of that facility. After revocation of its license, that facility
shall not be used until its license is renewed. When the commissioner is satisfied that
satisfactory progress towards substantial compliance with minimum standard is being made,
the commissioner may, at the request of the appropriate officials of the affected facility
supported by a written schedule for compliance, grant an extension of time for a period not
to exceed one year.
deleted text end

deleted text begin (f) As used in this subdivision, "correctional facility" means any facility, including a
group home, having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority, or other
correctional agency having dispositional power over persons charged with, convicted, or
adjudicated to be guilty or delinquent.
deleted text end