Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Administrative
structure.
The license holder must designate a single administrator of
the facility, and in that person's absence, a staff person must be designated
as being in charge. Upon request, the license holder must provide the names and
addresses of the owners, board members, or controlling individual, and an
organizational chart depicting organizational authority over the program to the
commissioner of corrections.
Subp.
2.
Policies and procedures manual.
License holders must have a policy and procedures manual
reviewed by the commissioner of corrections that is readily available to staff.
The policy manual must contain policies and procedures for all aspects of the
facility's operation. The license holder must ensure that the policies and
procedures in the manual safeguard residents' rights and require the provision
of basic services to residents.
Subp.
3.
Posting of medical, dental, and emergency
resources.
A list of medical, dental, and emergency resources must be
posted at each staff station in the facility. The list must include the
emergency resources' telephone numbers and hours that each resource is
available.
Subp. 4.
Medical services.
A. A facility
must provide space, staff, and a procedure for daily sick call to ensure
residents the opportunity to report illness and injury and receive appropriate
medical services for illness or injury.
B. A resident must be examined by a medically
licensed person within a reasonable time if the resident is visibly ill,
chronically ill, or whenever it is suspected that medical attention is
necessary. A resident must receive emergency mental health and dental care when
needed.
C. If medical services are
delivered in the facility or through contract services, adequate space,
equipment, supplies, and materials, as determined by the responsible physician,
must be provided to deliver primary health care.
D. Staff responsible for the supervision,
safety, and well-being of residents must be trained in emergency first aid
procedures. At least one person per shift must have training in receiving,
screening, basic life support, cardiopulmonary resuscitation, and recognition
of symptoms of the illnesses most common to the residents detained in the
facility.
E. A facility must have
at least one first aid kit located at the facility's control center or primary
staff station. The first aid kit must be inspected by a designated staff person
regularly to assess the adequacy of first aid supplies. The kit must be
adequate to meet the needs of residents and staff.
F. The license holder, in consultation with a
medically licensed person, must develop plans and establish procedures and
accessories for the secure storage, delivery, supervision, and control of
medications and medical supplies in the facility.
Subp. 5.
Visitation.
A license holder must have a written visitation plan. The
plan must include at least the requirements in items A to D.
A. A resident may visit, at reasonable times
of the day, with parents, relatives, or other adults who were responsible for
the resident's care before the resident was admitted to the facility, unless
the license holder has convincing evidence that such a visit would not be in
the best interest or welfare of the resident.
B. The facility administrator must set a
facility-wide visiting policy regarding visitors, other than those described in
item A. Visitors may be monitored, but notice of monitoring must be posted in
the visiting area. The administrator may limit visits by persons other than
those described in item A to scheduled visiting hours. Scheduled visiting hours
must include mornings, evenings, weekdays, and weekends. A minimum of eight
scheduled hours per week must be maintained for visiting.
C. Visits by an attorney, probation officer,
case worker, or religious or spiritual counselor are allowed and must be
permitted to take place in private.
D. The license holder must request visitors
to register upon arrival at the facility; give their name, address, and
relationship to the resident; and produce a reliable form of identification. If
a visit is denied, the resident and visitor must be given the reason for denial
and the reason must be documented in the resident's file.
Subp. 6.
Discipline plan.
The license holder must have a discipline plan that includes
the requirements in items A to F.
A. A
facility must have a resident discipline plan that explains:
(1) the consequences or administrative
sanctions for specific behaviors or omissions;
(2) the administrative process for handling
major and minor violations;
(3) the
right of written notice of major charges made against the resident;
(4) the right to internal review;
and
(5) the appeal
process.
B. The license
holder must include in the disciplinary plan a system of due process that has
been reviewed by the commissioner of corrections.
C. The license holder must post and explain
the rules of conduct and related consequences to a resident in a way and in a
language that the resident will understand.
D. Disciplinary room time must be used
according to due process procedures reflected in the facility's discipline
plan.
The status of a resident placed in disciplinary room time
after a due process hearing must be reviewed by the facility administrator or
the administrator's designee at least once every eight hours. Each review of
the need for continued disciplinary room time must be done according to the
facility's due process system and must be documented. A resident placed in
disciplinary room time prior to a due process hearing must have a due process
hearing within 24 hours, unless documented cause is shown to delay the hearing.
Examples of cause for delay of a due process hearing include resident requests
for a delay or that a due process hearing is logistically impossible as in the
case of mass disturbances.
E. Other limitations on disciplinary actions
include the limitations in subitems (1) to (4).
(1) Disciplinary rooms must have the minimum
furnishings and space specified in the Department of Corrections construction
standards.
(2) When a resident
persists in the destruction of clothing or bedding or harms the resident's self
with the clothing or bedding while in disciplinary room time, the facility may
deprive the resident of clothing and bedding. The decision to deprive residents
of clothing and bedding must be reviewed by the shift supervisor during each
eight-hour period, unless specific orders to the contrary have been issued by
the facility administrator or a designee or on the advice of a licensed
physician or psychologist.
(3) The
delegation of authority to a resident or group of residents to punish another
resident or group of residents is prohibited.
(4) The license holder must not deprive the
resident of the use of materials necessary to maintain an acceptable level of
personal hygiene while on disciplinary status.
F. The license holder must keep a record of a
resident's disciplinary infractions and the punishment administered. The
license holder must retain copies of rule violation reports and reports of the
disposition of each infraction and record of any resident's appeals for one
licensing period.
Subp.
7.
Education program.
The license holder must provide education programs and
services to a resident that are consistent with Department of Education rules
and statutory requirements governing education of a resident. If the license
holder suspects that a resident has a disability, and educational evaluation
must be conducted according to applicable rules to determine if the resident
has a disability. The license holder must ensure that the appropriate
evaluation is completed and must assist a student who has disabilities and
needs special education and related services to obtain those services.
Subp. 8.
Exercise and
recreation.
The license holder must implement a plan that provides
opportunities for physical exercise and recreational activities for residents.
At a minimum, the plan must provide for and include:
A. regulations that are reasonable and
necessary to protect the facility's security and the residents'
welfare;
B. provisions for a
minimum of two hours of daily preplanned exercise or activities supervised and
directed by trained staff and recreational activities and leisure time
activities, excluding time spent watching television;
C. provisions for indoor space and equipment
for active recreation; and
D.
provisions for outdoor recreational space, equipment, and support staff for
outdoor recreational program services, except that this item does not apply to
eight-day and 24-hour temporary holdover facilities.
Subp. 9.
Correspondence and
telephone.
The license holder must implement a plan for handling
resident mail and resident telephone use that is consistent with established
legal rights of juveniles and reasonable and necessary facility regulations to
protect the facility's security.
Subp.
10.
Juvenile clothing, bedding, and laundry services.
The license holder must meet the requirements of items A to
C.
A. A resident must have neat, clean
clothing that is appropriate for the season. The license holder must provide
the resident with clothing if the resident does not have clothing.
B. The facility administrator or person in
charge may consider it necessary to remove clothing or bedding from a resident
if the resident's behavior threatens the safety or security of the resident or
others in the facility. Facility staff must take all reasonable steps to ensure
the safety and security of the resident and others and the security of the
facility without success, prior to removing the resident's clothing or bedding.
If bedding or clothing is removed from a resident, a critical incident report
must be completed and kept on file at the facility for two licensing
periods.
C. Laundry services must
meet the resident's clothing, linen, and bedding needs.
Subp. 11.
Emergencies.
The license holder must develop a written emergency plan with
procedures for the protection and evacuation of all persons in the case of
fire, explosion, flood, tornado, or other emergencies. In addition, the
emergency plan must provide for immediate and effective action in the event of
hostage incidents, escape and escape attempts, suicide and attempted suicide,
any illness or accident considered an emergency, power failure, major resident
disturbances, assaults, and outbreaks or epidemics of contagious
disease.
Subp. 12.
Reporting critical incidents.
Critical incidents of an unusual or serious nature that
involve, or endanger the lives or safety of, facility staff or residents must
be reported to the commissioner of corrections within ten days on a form
supplied by the commissioner of corrections.
Subp. 13.
General requirements for food
service.
Food service must meet the requirements of items A to
F.
A. The goals of food service in a
facility must be to provide food and beverages to residents that are
nutritionally adequate, palatable, produced in a manner to prevent food-borne
illness, of adequate quantity and variety, served at appropriate temperatures,
and prepared by methods which conserve nutritional value.
B. Any food service provided in a detention
facility must follow the requirements of chapter 4626.
C. When food is catered into the facility, it
must be obtained from a source licensed by the Department of Health.
D. A facility housing a resident in need of a
medically prescribed therapeutic diet must document that the diet is provided
as ordered by the resident's physician.
E. If a resident's religious or spiritual
beliefs require adherence to dietary customs, the license holder must make
efforts to provide the special diet. If the license holder is unable to meet a
resident's religious or spiritual dietary customs, the license holder must
document why the resident's dietary customs could not be met.
F. Food must be covered during transport
through nondietary areas, but need not be covered when served in a dining area
which is contiguous to the food preparation area. The food service system must
be capable of maintaining hot foods at 150 degrees Fahrenheit or higher and
maintaining cold foods at 40 degrees Fahrenheit or lower. A dumbwaiter or
conveyor that has a cab or carrier used for the transport of soiled linen or
soiled dishes must not be used for the transport of food.
Subp. 14.
Housekeeping, sanitation, and
plant maintenance.
The license holder must meet the requirements of items A to
C.
A. The facility and all buildings,
structures, or enclosures used by the facility, including walls, floors,
ceilings, registers, fixtures, equipment, and furnishings, must be kept in good
repair and maintained to protect the health, comfort, safety, and well-being of
residents and staff.
B. The license
holder must have and implement a written plan to inspect and document daily
housekeeping, sanitation, and plant maintenance needs in the occupied parts of
the facility.
C. The license
holder, in cooperation with the facility's governing body, must develop plans,
policies, and procedures to detect and correct building and equipment
deterioration, safety hazards, and unsanitary conditions in the early stages of
their development and provide for their repair, correction, or
modification.
Subp. 15.
Physical plant and environment.
The license holder must meet the requirements of this
subpart.
A. Building features, space
for programs, equipment, and materials must be consistent with the facility's
statement of intended use and program objectives. The facility's physical plant
features must comply with chapter 2900.
B. The license holder must ask the local
health authority and fire marshal to inspect the facility annually for health,
sanitation, and fire safety conditions.
C. The Department of Corrections must review
and approve all new construction and renovation of detention facilities. The
license holder must meet the requirements of chapter 2900 governing the
construction of new corrections facilities.
D. A nonsecure 24-hour temporary holdover
facility must:
(1) be located in a nonsecure
area of a public or private building where either law enforcement or emergency
services staff are available on a 24-hour-a-day basis and who agree to respond
immediately with backup assistance in the event of an emergency;
(2) have a minimum of 120 square feet of
floor space for the first resident held and an additional 50 square feet of
floor space for each additional resident held;
(3) have provisions for each resident to lie
down, sleep, or sit in comfort;
(4)
have access to bathroom and shower facilities on the same floor;
(5) have telephone or audio communication
equipment with direct access to emergency backup personnel;
(6) have the capability to prepare meals or
arrange for meals to be delivered;
(7) have lighting, ventilation, and
temperature controls to maintain reasonable comfort;
(8) provide separation between male and
female residents to meet the privacy needs of the residents;
(9) have minimum furnishings in the facility,
consisting of telephone, radio, television, table, chairs, storage space, bed,
lamps, first aid kit, bedding, replacement clothing, personal hygiene items,
and leisure activity materials;
(10) comply with all federal, state, and
local fire safety requirements and sanitation, safety, and health codes.
Furnishings also must comply with these requirements and codes; and
(11) have a storage area that can be locked
to store necessary supplies and equipment.
E. A secure 24-hour temporary holdover
facility must:
(1) comply with all of the
minimum standards required of a nonsecure 24-hour facility with the exception
that toilet and washbasin facilities must be located within the secure
room;
(2) have all fixtures and
furnishings in a secure detention room and be of a secure type and be
appropriately secured to ensure safety for staff and the juvenile being
detained;
(3) have a door to the
secure room with an observation window with a cover to afford privacy when
necessary and a food-pass feature; and
(4) have secure temporary holdover rooms used
to detain juveniles that are single occupancy with a minimum of 70 square feet
of floor space.
F. A
secure or nonsecure eight-day temporary holdover facility must meet the
requirements of subitems (1) to (12).
(1) The
facility must not exceed a maximum capacity of eight beds.
(2) The facility must have at least two
secure single occupancy detention rooms. Each secure room in the facility must
be single occupancy, have a minimum of 70 square feet, and be equipped with
toilet and washbasin facilities. Furnishings and fixtures must be of a secure
type and room doors must have observation windows with panel covers. Space for
day activity areas outside of the detention rooms must be provided with access
to natural light. Audio monitoring that allows a resident to communicate with
facility staff when in need of assistance must be in each room and day activity
area. Visual monitoring cameras must be in the day activity areas if the areas
cannot be directly observed from the staff station.
(3) Nonsecure detention rooms in the facility
must have a minimum of 70 square feet in single occupancy rooms and a minimum
of 60 square feet per juvenile in multiple occupancy rooms.
(4) The facility must have access to natural
light in the activity area.
(5)
Activity space must be provided to accommodate multiple uses, specifically for
dining, school, physical exercise, recreation, leisure, and visiting
activities. The space must be no less than 625 square feet.
(6) Separate space must be provided for
admission and intake procedures that provides for private and confidential
processing.
(7) The facility must
provide separation capability between the secure and nonsecure rooms within the
facility and for proper separation between male and female residents to afford
privacy.
(8) The facility must
provide separate bathroom and shower facilities for the secure and nonsecure
units of the facility.
(9) The
facility must provide the same furnishings as required in the secure and
nonsecure 24-hour temporary holdover facilities.
(10) The facility must have the capability to
prepare meals or arrange for meals to be delivered.
(11) Functional physical exercise equipment
must be readily available for use by juveniles in the secure and nonsecure
programs on a daily basis.
(12) The
facility and furnishings must comply with federal, state, and local fire safety
requirements and sanitation, safety, and health codes.
Subp. 16.
Information
reporting required.
The license holder must report information and statistics
about program services, outcomes, and data about residents in the license
holder's facility to the commissioner of corrections according to Minnesota
Statutes, section
241.021,
subdivision 1, paragraph (a).
Statutory Authority:
L
1995 c 226 art 3
s
60; MS s
241.021;
245A.03;
245A.09
