Minnesota Administrative Rules
Agency 121 - Corrections Department
Chapter 2911 - JAIL FACILITIES
DEFINITIONS; CAPACITY; VARIANCES
Part 2911.0400 - VARIANCES
Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1. Variances, generally.
The granting of a variance under this part for one facility shall not constitute a precedent for any other facility. The granting and denial of variances shall be in writing and made within 30 days of the request for a variance. The variance shall be granted by the commissioner if, in the licensing procedure or enforcement of this chapter, all of the following are present:
Subp. 2. Emergency notification.
When a facility administrator declares an emergency, the applicable rules may be suspended during the duration of the emergency. The facility administrator or designee shall notify the DOC in writing within 72 hours of an emergency that results in the suspension of any rule under this chapter.
Subp. 3. [Repealed, 38 SR 523]
Subp. 4. Suspension limit.
A suspension of rules because of an emergency declared by a facility administrator or a designee shall not exceed seven days unless the administrator obtains the approval of the commissioner of corrections for a variance to the rules and the variance is necessary:
Subp. 5. [Renumbered 2911.3700 subp 6]
Subp. 6. [Renumbered 2911.3700 subp 7]
Subp. 7. Notification.
The facility administrator or a designee shall notify the DOC in writing of each instance of failure to maintain population at or below the facility approved bed capacity for more than seven consecutive days or 15 days of any month in which the facility has had an average daily population greater than its approved bed capacity.
Subp. 8. Overcrowded facility plan.
Whenever an overcrowded facility condition occurs and the conditions in subpart 7 exist, a facility shall have a written plan that requires the use of available contract per diem bed space in DOC-approved facilities within a 125-mile radius. The plan shall require the following.
Subp. 9. Intermittent sentence contingency plans.
A facility shall have a written plan that governs space arrangements and procedures to be followed in the event the number of inmates in the facility at 8:00 a.m. on any day and the number of inmates serving intermittent sentences scheduled for admission into the facility that day will exceed the facility's approved bed capacity.
Statutory Authority: MS s 241.021