Minnesota Administrative Code

2915.0400 PROJECT COORDINATOR. Subpart 1. Screening of applicants by advisory council. The advisory council shall screen applicants for the position of project coordinator and shall recommend to the commissioner the names of five applicants. In appointing the project coordinator,…

2915.0500 AWARDING GRANTS AND CONTRACTS. Subpart 1. Request for proposals. The department shall issue a request for proposals from service providers. The advisory council shall use uniform procedures and criteria in considering all proposals which comply with the request for prop…

2915.0600 RESPONSIBILITIES OF SERVICE PROVIDERS. Subpart 1. Proposal to be submitted to be eligible for initial funding consideration. To be eligible for initial funding consideration from the department for the establishment and operation of programs and services for battered wo…

2915.0700 MANDATORY SUBMISSION OF DATA. Reports on battered women shall be submitted to the department in accordance with Minnesota Statutes, section 611A.36. Reports shall, at a minimum, include summary data which discloses the date of occurrence, location, and characteristics o…

2920.0100 DEFINITIONS. Subpart 1. Scope. Definitions, for the purpose of these rules, are as follows. Subp. 2. Adult community-based residential correctional facility or facility. "Adult community-based residential correctional facility" or "facility" means any community-based re…

2920.0210 COMPLIANCE WITH RULES. A facility must comply with a rule, part, subpart, or item designated "mandatory" unless waived by the commissioner. A facility is in substantial compliance when it complies with 100 percent of the rules in this chapter designated "mandatory" and …

2920.0500 APPLICATION FOR LICENSE. Subpart 1. Filing. New applicants shall file application to the commissioner of corrections at least 30 days prior to the date the adult community-based residential correctional facility expects to operate. Subp. 2. Materials filed. The applicat…

2920.0800 CONDITIONS OF LICENSE. Subpart 1. Nontransferable. A license is not transferable. It applies only to the organization, person, or persons to whom it is issued and to the building approved. The license expires automatically if there is a change in location, organization,…

2920.0900 REVOCATION, SUSPENSION, AND DENIAL OF LICENSE. A license may be revoked, suspended, or denied by the commissioner if the facility does not comply with this chapter as required under part 2920.0210 or the facility may be denied a license on the basis of a poor operating …

2920.1000 RESTRICTION OF USE OF ADULT COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITY. The commissioner may by written order restrict the use of any adult community-based residential correctional facility that does not comply with this chapter as required under part 2920.0210 o…

2920.1100 VARIANCE OR WAIVER OF SPECIFIC RULE. Subpart 1. Granting of variance or waiver. The granting of a variance or waiver under this part does not constitute a precedent for any other community correctional facility. The commissioner shall grant a variance or waiver of a spe…

2920.1200 ON-SITE INSPECTION. Following the receipt of the application and materials requested, the commissioner shall conduct the appropriate on-site inspection, determine if the license is appropriate, and notify the applicant of the determination in writing. Statutory Authorit…

2920.1300 NOTICE TO APPLICANT OF COMMISSIONER'S ACTION. After the application for license is approved by the commissioner, the applicant will receive by mail a license which must set forth the conditions under which the adult community-based residential correctional facility may …

2920.1400 APPEAL PROCEDURE. The program administrator shall be given written notice of the action under part 2920.1300 and of the right to appeal the decision of the commissioner in writing within ten business days from receipt of the written notice of the action. The commissione…

2920.1500 LIMITATION ON LICENSE RENEWAL. When an adult community-based residential correctional facility license has been revoked or not renewed because the facility is not in compliance with this chapter and the facility presents a risk to public safety, it shall not be inspecte…

2920.1800 LEGAL STATUS OF AND AUTHORITY FOR ADULT COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITY. Subpart 1. Legal entity. It is mandatory that the public or private agency operating an adult community-based residential correctional facility is a legal entity or part of a lega…

2920.2000 MEETINGS TO BE HELD. The governing board of the facility shall hold meetings at least biannually in order to establish policy and ensure conformity to legal and fiscal requirements. Statutory Authority: MS s 241.021 History: 36 SR 635 Published Electronically: January 3…

2920.2100 RECORD MAINTENANCE. The facility shall maintain records of its activities, including the minutes of board meetings, financial data, and statistical information. The records are subject to review by the commissioner. Statutory Authority: MS s 241.021 History: 36 SR 635 P…

2920.2400 ARTICLES OF INCORPORATION OR CONSTITUTION. It is mandatory that the facility have a constitution or articles of incorporation that meet all of the legal requirements of the governmental jurisdiction in which the facility is located. Statutory Authority: MS s 241.021 His…

2920.2500 MANAGEMENT; GENERAL. It is mandatory that the facility is managed by a single administrative officer who shall implement the policies of the board. Statutory Authority: MS s 241.021 History: 36 SR 635 Published Electronically: January 3, 2012

2920.2600 MONITORING SYSTEM. The facility shall have a system to monitor the program through inspections and reviews by the program administrator or designated staff. Statutory Authority: MS s 241.021 History: 36 SR 635 Published Electronically: January 3, 2012

2920.2700 OPERATIONS MANUAL. The adult community-based residential correctional facility shall have a policy and procedure manual that defines the philosophy and method for operating and maintaining the facility. This manual must be made available to all employees, reviewed annua…

2920.2800 BYLAWS. Bylaws shall meet all the legal requirements of the governmental jurisdiction in which the facility is located, and shall include provisions for regular and special meetings, and for recording of minutes. Statutory Authority: MS s 241.021 History: 36 SR 635 Publ…

2920.3000 ANNUAL WRITTEN BUDGET. The program administrator or designated employee shall prepare an annual written budget of anticipated revenues and expenditures which is approved by the governing board. Statutory Authority: MS s 241.021 History: 36 SR 635 Published Electronicall…

2920.3200 FINANCIAL AUDIT. The facility fiscal process must include an annual financial audit. Statutory Authority: MS s 241.021 History: 9 SR 1655; 36 SR 635 Published Electronically: January 3, 2012

2920.3400 WRITTEN FISCAL SYSTEM. The facility shall have a written fiscal system that accounts for all income and expenditures on an ongoing basis and shall include internal controls, petty cash, bonding, signature control on checks, resident funds, and employee expense reimburse…

2920.3600 INSURANCE COVERAGE. It is mandatory that the facility have professional liability insurance, workers' compensation, and physical plant insurance. Statutory Authority: MS s 241.021 History: 36 SR 635 Published Electronically: January 3, 2012

2920.3700 PERSONNEL POLICIES; GENERAL. Subpart 1. Written policies. There shall be written personnel policies for personnel employed by the adult community-based residential correctional facility, which specify salaries, increments, hours of work, work schedule, benefits, periodi…

2920.3800 TRAINING PROGRAM. Subpart 1. Orientation session for new employees. It is mandatory that the facility provide an orientation session for new employees. There must be a minimum of 30 hours of training that is relevant to staff duties and the population served. The traini…

2920.3900 MANTOUX TEST OR CHEST X-RAY REQUIRED. It is mandatory that staff and residents be screened for tuberculosis according to Minnesota Statutes, section 144.445. Statutory Authority: MS s 241.021 History: 9 SR 1655; 36 SR 635 Published Electronically: January 3, 2012

2920.4000 QUALIFICATIONS OF STAFF. Subpart 1. [Repealed, 9 SR 1655] Subp. 2. Program administrator. The program administrator must have at least a Bachelor of Arts degree in any of the human services fields, or equivalent education and two years of work experience in corrections,…

2920.4100 STUDENTS OR VOLUNTEERS. When students or volunteers are used in adult community-based residential correctional facilities, a written policy and procedure must provide that a staff member is responsible for coordinating the volunteer service program. The policy must incl…

2920.4300 ADMISSIONS POLICIES. The adult community-based residential correctional facility shall establish clearly defined and written admissions policies and procedures, which state the age range, sex, and characteristics of acceptable clients. Admission policies must be availab…

2920.4400 ADMISSION FORM. The adult community-based residential correctional facility referral form on each client to be admitted into residency includes at a minimum: A. name; B. address; C. date of birth; D. sex; E. reason for referral; F. whom to notify in case of emergency; G…

2920.4600 RESIDENT ADMISSION. At the time of admission, the staff shall discuss general program goals, services available, expectations for successful completion of the program, program rules, and possible disciplinary actions with the residents. This information must be document…

2920.4900 RESIDENT RECORDS. Subpart 1. Space. The facility must provide space for the safe storage of records. Subp. 2. General. The facility must maintain accurate and complete case records, reports, and statistics necessary for the conduct of its program. Appropriate safeguards…

2920.5000 INVOLVEMENT OF RESIDENT IN FAMILY AND COMMUNITY ACTIVITIES. Subpart 1. Plan. It is mandatory that the adult community-based residential correctional facility has a written policy and procedures that provide increasing opportunities and privileges for resident involvemen…

2920.5100 WORK ASSIGNMENTS. The facility must have policy and procedures regarding in-house work assignments. Required work assignments must be appropriate to residents' ages and ability. Residents may not be required to perform work that is inappropriate for them for physical re…

2920.5200 ADULT COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITY RULES AND GRIEVANCES. The facility must establish a method whereby residents and staff review group, resident, or program problems; and review rules, changes in rules, and procedures in the facility. A written grie…

2920.5300 RELIGION. It is mandatory that facility policy requires that each resident has the right to freedom of religious affiliation and voluntary religious worship, providing that the exercise of these rights does not directly interfere with the reasonable security and program…

2920.5400 FOOD SERVICE. Subpart 1. Sanitation and health regulations. When the facility provides or contracts for food service, the service must comply with and meet all sanitation and health regulations. Subp. 2. Health rules. Food service must be provided according to parts 462…

2920.5700 DISCIPLINE AND DISCIPLINARY ACTION. It is mandatory that if disciplinary action is necessary, the following rules must be observed: A. the adult community-based residential correctional facility shall have written policies that are available to the residents and staff r…

2920.5900 SECURITY PROCEDURES. Written policies regarding security measures are required and must include: A. that the staff shall maintain a system of accounting for the residents at all times; B. that the facility shall have written procedures for the reporting of absconders; C…

2920.6000 PERSONAL POSSESSIONS. Subpart 1. General. Each resident shall be allowed to bring appropriate personal possessions to the adult community-based residential correctional facility and shall be allowed to acquire possessions to the extent the facility is able to accommodat…

2920.6100 PUBLIC REPORTS, STATEMENTS, OR APPEARANCES. Subpart 1. General. Residents shall not be required to make public statements acknowledging their gratitude to the program and shall not be required to perform or appear at public gatherings. Subp. 2. Written consent requireme…

2920.6200 SEARCHES. In compliance with applicable laws, the facility shall maintain and post written policies and procedures for conducting searches of residents, their belongings, and all areas of the facility to control contraband and locate missing or stolen property. The faci…

2920.6300 COMPLIANCE WITH LAWS. It is mandatory that the facility comply with zoning codes, building codes, housing codes, and health and fire codes. It is the responsibility of the program administrator to request necessary inspections. Health and fire inspections must be done a…