Bill Text: MN HF1465 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Counties permitted to use surplus law library money for court facility costs; licensing requirements eliminated for temporary detention facilities and detoxification centers; appointment of counsel for a party in a paternity proceeding made permissive; sheriffs authorized to determine the appropriate level of staff needed to operate county jails; and reports eliminated on interception of electronic and wireless communications, county maintenance of a detoxification facility, and an administrative rule establishing staffing requirements for jail.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2011-04-14 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF1465 Detail]
Download: Minnesota-2011-HF1465-Introduced.html
1.2relating to public safety; permitting a county to use surplus law library money for
1.3court facility costs; eliminating licensing requirements for temporary detention
1.4facilities and detoxification centers; making permissive the appointment of
1.5counsel for a party in a paternity proceeding; authorizing sheriffs to determine
1.6the appropriate level of staff needed to operate county jails; eliminating a report
1.7on interception of electronic and wireless communications, county maintenance
1.8of a detoxification facility, and an administrative rule establishing staffing
1.9requirements for jails;amending Minnesota Statutes 2010, sections 134A.12;
1.10241.021, subdivision 1; 257.69, subdivision 1; proposing coding for new law in
1.11Minnesota Statutes, chapter 641; repealing Minnesota Statutes 2010, sections
1.12254A.08, subdivisions 1, 2; 256G.06; 626A.17; Minnesota Rules, part 2911.0900.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2010, section 134A.12, is amended to read:
1.15134A.12 TAXABLE AS COSTS.
1.16The law library fee is a cost in the action and taxable as such, and is to be allotted
1.17for the support of the library. If a county has a surplus in its law library fund, the surplus
1.18funds may be allotted for costs relating to court facilities under section 484.77.
1.19 Sec. 2. Minnesota Statutes 2010, section 241.021, subdivision 1, is amended to read:
1.20 Subdivision 1. Correctional facilities; inspection; licensing. (a) Except as
1.21provided inparagraph (b) paragraphs (b) and (g), the commissioner of corrections shall
1.22inspect and license all correctional facilities throughout the state, whether public or private,
1.23established and operated for the detention and confinement of persons detained or confined
1.24therein according to law except to the extent that they are inspected or licensed by other
1.25state regulating agencies. The commissioner shall promulgate pursuant to chapter 14, rules
1.26establishing minimum standards for these facilities with respect to their management,
2.1operation, physical condition, and the security, safety, health, treatment, and discipline
2.2of persons detained or confined therein. Commencing September 1, 1980, no individual,
2.3corporation, partnership, voluntary association, or other private organization legally
2.4responsible for the operation of a correctional facility may operate the facility unless
2.5licensed by the commissioner of corrections. Private adult correctional facilities shall have
2.6the authority of section624.714, subdivision 13 , if the Department of Corrections licenses
2.7the facility with such authority and the facility meets requirements of section243.52 . The
2.8commissioner shall review the correctional facilities described in this subdivision at least
2.9once every biennium, except as otherwise provided herein, to determine compliance with
2.10the minimum standards established pursuant to this subdivision. The commissioner shall
2.11grant a license to any facility found to conform to minimum standards or to any facility
2.12which, in the commissioner's judgment, is making satisfactory progress toward substantial
2.13conformity and the interests and well-being of the persons detained or confined therein
2.14are protected. The commissioner may grant licensure up to two years. The commissioner
2.15shall have access to the buildings, grounds, books, records, staff, and to persons detained
2.16or confined in these facilities. The commissioner may require the officers in charge of
2.17these facilities to furnish all information and statistics the commissioner deems necessary,
2.18at a time and place designated by the commissioner. The commissioner may require that
2.19any or all such information be provided through the Department of Corrections detention
2.20information system. The education program offered in a correctional facility for the
2.21detention or confinement of juvenile offenders must be approved by the commissioner of
2.22education before the commissioner of corrections may grant a license to the facility.
2.23(b) For juvenile facilities licensed by the commissioner of human services, the
2.24commissioner may inspect and certify programs based on certification standards set forth
2.25in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning
2.26given it in section245A.02 .
2.27(c) Any state agency which regulates, inspects, or licenses certain aspects of
2.28correctional facilities shall, insofar as is possible, ensure that the minimum standards
2.29it requires are substantially the same as those required by other state agencies which
2.30regulate, inspect, or license the same aspects of similar types of correctional facilities,
2.31although at different correctional facilities.
2.32(d) Nothing in this section shall be construed to limit the commissioner of
2.33corrections' authority to promulgate rules establishing standards of eligibility for counties
2.34to receive funds under sections401.01 to
401.16 , or to require counties to comply with
2.35operating standards the commissioner establishes as a condition precedent for counties
2.36to receive that funding.
3.1(e) When the commissioner finds that any facility described in paragraph (a), except
3.2foster care facilities for delinquent children and youth as provided in subdivision 2, does
3.3not substantially conform to the minimum standards established by the commissioner and
3.4is not making satisfactory progress toward substantial conformance, the commissioner
3.5shall promptly notify the chief executive officer and the governing board of the facility
3.6of the deficiencies and order that they be remedied within a reasonable period of time.
3.7The commissioner may by written order restrict the use of any facility which does not
3.8substantially conform to minimum standards to prohibit the detention of any person
3.9therein for more than 72 hours at one time. When, after due notice and hearing, the
3.10commissioner finds that any facility described in this subdivision, except county jails and
3.11lockups as provided in sections641.26 ,
642.10 , and
642.11 , does not conform to minimum
3.12standards, or is not making satisfactory progress toward substantial compliance therewith,
3.13the commissioner may issue an order revoking the license of that facility. After revocation
3.14of its license, that facility shall not be used until its license is renewed. When the
3.15commissioner is satisfied that satisfactory progress towards substantial compliance with
3.16minimum standard is being made, the commissioner may, at the request of the appropriate
3.17officials of the affected facility supported by a written schedule for compliance, grant an
3.18extension of time for a period not to exceed one year.
3.19(f) As used in this subdivision, "correctional facility" means any facility, including a
3.20group home, having a residential component, the primary purpose of which is to serve
3.21persons placed therein by a court, court services department, parole authority, or other
3.22correctional agency having dispositional power over persons charged with, convicted,
3.23or adjudicated to be guilty or delinquent.
3.24(g) Notwithstanding any law to the contrary, temporary detention facilities
3.25and detoxification centers are not subject to the requirements of this section and the
3.26corresponding rules promulgated by the commissioner.
3.27 Sec. 3. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
3.28 Subdivision 1. Representation by counsel. In all proceedings under sections
3.29257.51
to
257.74 , any party may be represented by counsel. The county attorney shall
3.30represent the public authority. The courtshall may appoint counsel for a party who is
3.31unable to pay timely for counsel in proceedings under sections257.51 to
257.74 .
3.32 Sec. 4. [641.055] STAFFING.
4.1Notwithstanding any law to the contrary, a sheriff shall staff a county jail in a
4.2manner that promotes public safety, officer safety, and prisoner safety. The commissioner
4.3of corrections may not mandate staffing levels for jails.
4.4 Sec. 5. REPEALER.
4.5(a) Minnesota Statutes 2010, sections 254A.08, subdivisions 1 and 2; 256G.06;
4.6and 626A.17, are repealed.
4.7(b) Minnesota Rules, part 2911.0900, is repealed.
1.3court facility costs; eliminating licensing requirements for temporary detention
1.4facilities and detoxification centers; making permissive the appointment of
1.5counsel for a party in a paternity proceeding; authorizing sheriffs to determine
1.6the appropriate level of staff needed to operate county jails; eliminating a report
1.7on interception of electronic and wireless communications, county maintenance
1.8of a detoxification facility, and an administrative rule establishing staffing
1.9requirements for jails;amending Minnesota Statutes 2010, sections 134A.12;
1.10241.021, subdivision 1; 257.69, subdivision 1; proposing coding for new law in
1.11Minnesota Statutes, chapter 641; repealing Minnesota Statutes 2010, sections
1.12254A.08, subdivisions 1, 2; 256G.06; 626A.17; Minnesota Rules, part 2911.0900.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2010, section 134A.12, is amended to read:
1.15134A.12 TAXABLE AS COSTS.
1.16The law library fee is a cost in the action and taxable as such, and is to be allotted
1.17for the support of the library. If a county has a surplus in its law library fund, the surplus
1.18funds may be allotted for costs relating to court facilities under section 484.77.
1.19 Sec. 2. Minnesota Statutes 2010, section 241.021, subdivision 1, is amended to read:
1.20 Subdivision 1. Correctional facilities; inspection; licensing. (a) Except as
1.21provided in
1.22inspect and license all correctional facilities throughout the state, whether public or private,
1.23established and operated for the detention and confinement of persons detained or confined
1.24therein according to law except to the extent that they are inspected or licensed by other
1.25state regulating agencies. The commissioner shall promulgate pursuant to chapter 14, rules
1.26establishing minimum standards for these facilities with respect to their management,
2.1operation, physical condition, and the security, safety, health, treatment, and discipline
2.2of persons detained or confined therein. Commencing September 1, 1980, no individual,
2.3corporation, partnership, voluntary association, or other private organization legally
2.4responsible for the operation of a correctional facility may operate the facility unless
2.5licensed by the commissioner of corrections. Private adult correctional facilities shall have
2.6the authority of section
2.7the facility with such authority and the facility meets requirements of section
2.8commissioner shall review the correctional facilities described in this subdivision at least
2.9once every biennium, except as otherwise provided herein, to determine compliance with
2.10the minimum standards established pursuant to this subdivision. The commissioner shall
2.11grant a license to any facility found to conform to minimum standards or to any facility
2.12which, in the commissioner's judgment, is making satisfactory progress toward substantial
2.13conformity and the interests and well-being of the persons detained or confined therein
2.14are protected. The commissioner may grant licensure up to two years. The commissioner
2.15shall have access to the buildings, grounds, books, records, staff, and to persons detained
2.16or confined in these facilities. The commissioner may require the officers in charge of
2.17these facilities to furnish all information and statistics the commissioner deems necessary,
2.18at a time and place designated by the commissioner. The commissioner may require that
2.19any or all such information be provided through the Department of Corrections detention
2.20information system. The education program offered in a correctional facility for the
2.21detention or confinement of juvenile offenders must be approved by the commissioner of
2.22education before the commissioner of corrections may grant a license to the facility.
2.23(b) For juvenile facilities licensed by the commissioner of human services, the
2.24commissioner may inspect and certify programs based on certification standards set forth
2.25in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning
2.26given it in section
2.27(c) Any state agency which regulates, inspects, or licenses certain aspects of
2.28correctional facilities shall, insofar as is possible, ensure that the minimum standards
2.29it requires are substantially the same as those required by other state agencies which
2.30regulate, inspect, or license the same aspects of similar types of correctional facilities,
2.31although at different correctional facilities.
2.32(d) Nothing in this section shall be construed to limit the commissioner of
2.33corrections' authority to promulgate rules establishing standards of eligibility for counties
2.34to receive funds under sections
2.35operating standards the commissioner establishes as a condition precedent for counties
2.36to receive that funding.
3.1(e) When the commissioner finds that any facility described in paragraph (a), except
3.2foster care facilities for delinquent children and youth as provided in subdivision 2, does
3.3not substantially conform to the minimum standards established by the commissioner and
3.4is not making satisfactory progress toward substantial conformance, the commissioner
3.5shall promptly notify the chief executive officer and the governing board of the facility
3.6of the deficiencies and order that they be remedied within a reasonable period of time.
3.7The commissioner may by written order restrict the use of any facility which does not
3.8substantially conform to minimum standards to prohibit the detention of any person
3.9therein for more than 72 hours at one time. When, after due notice and hearing, the
3.10commissioner finds that any facility described in this subdivision, except county jails and
3.11lockups as provided in sections
3.12standards, or is not making satisfactory progress toward substantial compliance therewith,
3.13the commissioner may issue an order revoking the license of that facility. After revocation
3.14of its license, that facility shall not be used until its license is renewed. When the
3.15commissioner is satisfied that satisfactory progress towards substantial compliance with
3.16minimum standard is being made, the commissioner may, at the request of the appropriate
3.17officials of the affected facility supported by a written schedule for compliance, grant an
3.18extension of time for a period not to exceed one year.
3.19(f) As used in this subdivision, "correctional facility" means any facility, including a
3.20group home, having a residential component, the primary purpose of which is to serve
3.21persons placed therein by a court, court services department, parole authority, or other
3.22correctional agency having dispositional power over persons charged with, convicted,
3.23or adjudicated to be guilty or delinquent.
3.24(g) Notwithstanding any law to the contrary, temporary detention facilities
3.25and detoxification centers are not subject to the requirements of this section and the
3.26corresponding rules promulgated by the commissioner.
3.27 Sec. 3. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
3.28 Subdivision 1. Representation by counsel. In all proceedings under sections
3.30represent the public authority. The court
3.31unable to pay timely for counsel in proceedings under sections
3.32 Sec. 4. [641.055] STAFFING.
4.1Notwithstanding any law to the contrary, a sheriff shall staff a county jail in a
4.2manner that promotes public safety, officer safety, and prisoner safety. The commissioner
4.3of corrections may not mandate staffing levels for jails.
4.4 Sec. 5. REPEALER.
4.5(a) Minnesota Statutes 2010, sections 254A.08, subdivisions 1 and 2; 256G.06;
4.6and 626A.17, are repealed.
4.7(b) Minnesota Rules, part 2911.0900, is repealed.
