Minnesota Administrative Code

2920.6700 BEDROOMS; REQUIREMENTS. Subpart 1. Single bedrooms. Single bedrooms must provide 70 square feet of usable floor space with a side dimension of not less than seven feet for ambulatory residents. For nonambulatory residents, the requirements are 100 square feet of usable …

2920.6800 FURNISHINGS PROVIDED EACH RESIDENT. Each resident shall be provided, at a minimum: bed, mattress, supply of bed linen and towels, adequate lighting, and closet/locker space. Statutory Authority: MS s 241.021 History: 36 SR 635 Published Electronically: January 3, 2012

2920.6900 COUNSELING SPACE AND VISITING ROOM. Private counseling space must be provided in the facility. Space must be provided to accommodate group meetings. A visiting area must be provided for residents to receive and talk with visitors. Statutory Authority: MS s 241.021 Histo…

2920.7000 BATHROOM FACILITIES. Every facility must be equipped with adequate and conveniently located toilet rooms for its employees and residents. Washbasins and toilets must be provided in the ratio of one toilet to every ten residents and one washbasin for every six residents.…

2920.7100 LAUNDRY FACILITY. The facility shall have one washer and one dryer for every 20 residents, or equivalent laundry capacity available in the immediate vicinity of the facility. Statutory Authority: MS s 241.021 Published Electronically: January 3, 2012

2920.7200 TRANSPORTATION. Subpart 1. Policy and procedures. Written policy and procedures shall govern the use and maintenance of facility motor vehicles. Subp. 2. Availability. Transportation shall be available for use in emergencies. Statutory Authority: MS s 241.021 History: 3…

2920.7300 ENVIRONMENT. The governing body shall designate who is permitted to live in the facility. An adult community-based residential correctional facility may not have roomers or boarders in the facility without special permission from the program administrator. The facility …

2920.7400 HEALTH CARE AND MEDICAL SERVICES. Subpart 1. Policy and procedures. It is mandatory that the facility have written policies and procedures for medical, dental, and psychological emergencies. Written policies and procedures shall clarify for the staff what medical care m…

2920.7500 RECORDS AND EVALUATION OF RESIDENTS. Subpart 1. [Repealed, 36 SR 635] Subp. 2. Medical consent. In addition to the data required in the intake study, it is mandatory that the resident's record include consent for life-threatening emergencies and emergency dental, medica…

2920.7600 PERSONNEL RECORDS. Subpart 1. General requirement; contents of records. The adult community-based residential correctional facility shall maintain an accurate personnel record on each employee which shall include: A. initial application; B. appropriate results of employ…

2940.0100 DEFINITIONS. Subpart 1. Scope. As used in this chapter, the following terms have the meanings given them in this part. Subp. 2. Availability. "Availability" means the date on which the offender has made bail, bond, or has been released on personal recognizance or no bai…

2940.3000 GROUNDS FOR WARRANTS. Warrants may be issued for the apprehension and detention of parolees, supervised releasees, and work releasees who are: A. alleged to have violated the conditions of their release; B. convicted of a new felony and who represent a risk either by ab…

2940.3200 ISSUANCE OF WARRANTS. The executive officer of hearings and release shall have the authority to issue nationwide or statewide warrants on a case-by-case basis in accordance with the procedures in items A to D. A. After consultation with his or her supervisor, the superv…

2940.3300 OTHER ORDERS. The executive officer of hearings and release shall have the authority to issue orders revoking parole, supervised release, or work release; to stop the time from running on the sentences of releasees who have absconded, and to start the running of the tim…

2940.3400 HOLD ORDERS. Apprehension and detention orders may be issued by the executive officer of the hearings and release unit or a district supervisor upon written reasons submitted by a supervising agent under authority of Minnesota Statutes, section 243.05. No releasee shall…

2940.3500 REVOCATION HEARING. Subpart 1. Location. Revocation hearings whenever possible must be held in the community where the conviction of the violation of a standard or condition occurred. Separate probable cause hearings may be held if circumstances warrant. Subp. 2. When h…

2940.3600 REVOCATION GROUNDS. Grounds for the revocation of parole, work release, or supervised release are as follows in items A to C. A. Conviction of a felony, gross misdemeanor, any misdemeanor punishable by imprisonment as defined in Minnesota Statutes, section 609.02, or re…

2940.3700 ACTIONS. If the executive officer of hearings and release or a district supervisor finds that releasees are in violation of their parole, work release, or supervised release, the following actions may be taken: A. counsel the releasee and continue parole, work release, …

2940.3800 REIMPRISONMENT. Offenders who have violated the conditions of parole or supervised release and who have been returned to institutional status shall be assigned a release date and a term of reimprisonment, as follows: A. up to six months inclusive of any time spent in ja…

2940.3900 REVOCATION PROCEDURES; INVESTIGATION AND REPORT. Supervising agents shall investigate all alleged violations of release and after consultation with their supervisor determine whether grounds exist to begin revocation procedures. If grounds are found to exist justifying …

2940.4100 INITIATION OF REVOCATION PROCEEDINGS. If the executive officer of the hearings and release unit determines that revocation proceedings shall be initiated, the supervising agent shall be notified in writing. The executive officer of the hearings and release unit shall se…

2940.4200 DUTIES OF SUPERVISING AGENT. Upon receipt of the notice to begin revocation proceedings, the supervising agent shall have the duties in items A to F. A. The agent shall give the releasee a copy of the violation report. B. The supervising agent shall advise the releasee …

2940.4300 REVOCATION HEARING. The revocation hearing shall be held near the site of the alleged violation, and conducted by the executive officer of hearings and release or a district supervisor who does not directly supervise the supervising agent alleging the violation. If paro…

2940.4400 WARRANTS. Subpart 1. General requirement. Unless taken into custody by a supervising agent under the authority of Minnesota Statutes 1983 Supplement, section 243.05, a releasee shall not be taken into custody unless a warrant is issued by the executive officer of hearin…

2945.0100 DEFINITIONS. Subpart 1. Scope. For the purpose of this chapter, the following terms have the meanings given them. Subp. 2. [Repealed, 39 SR 1203] Subp. 3. Approved capacity. "Approved capacity" means the maximum number of detainees that any cell, room, unit, building, f…

2945.0120 INTENDED USE AND NONCOMPLIANCE. Subpart 1. Intended use. A facility should be used only for classifications for which it is intended. This chapter does not regulate a Class IV municipal lockup facility or municipal police facility that: A. includes an administrative pro…

2945.0130 VARIANCES. Subpart 1. Variances; general. The granting of a variance under this part does not constitute a precedent for any other municipal lockup facility. The granting and denial of all variances shall be in writing and made within 30 days of the request for a varian…

2945.0520 [Renumbered 2945.0530, subp 3a] Published Electronically: March 2, 2015

2945.0530 STAFFING REQUIREMENTS. Subpart 1. Staffing plan. The facility administrator shall prepare and retain a staffing plan indicating the personnel assigned to the facility and their duties. Subp. 1a. Discrimination prohibited. There must not be discrimination based on race, …

2945.1000 STAFF TRAINING PLAN. Subpart 1. Orientation and in-service training plan. Each facility administrator shall develop and implement a training plan for the orientation of new employees and volunteers and provide for continuing in-service training programs for all employee…

2945.1010 PART-TIME AND RELIEF STAFF. Part-time and relief staff shall complete orientation training appropriate to the facility's classification. Statutory Authority: MS s 241.021 History: 17 SR 711 Published Electronically: October 8, 2007

2945.1600 GUIDELINES AND RESPONSIBILITIES. Each facility supervisor shall develop written guidelines that define responsibilities, duties, and qualifications of the persons working in the municipal lockup facility. Statutory Authority: MS s 241.021 History: 17 SR 711; 39 SR 1203 …

2945.1610 POLICY AND PROCEDURE MANUALS. Policies and procedures concerning the facility's operation must be accessible to employees at the time of employment and when revised. The policy and procedure manual shall be reviewed at least annually. Statutory Authority: MS s 241.021 H…

2945.2100 MAINTENANCE OF RECORDS AND REPORTS. The following records, reports, and statistics must be maintained: A. admission and release records; B. special occurrence records; C. facility logs; D. detainee personal property records; E. clothing, linen, and laundry records excep…

2945.2130 ACCESS TO DETAINEE RECORDS. Access to detainee records shall be provided in conformity with state data privacy law. Statutory Authority: MS s 241.021 History: 17 SR 711; 39 SR 1203 Published Electronically: March 2, 2015

2945.2140 DETENTION INFORMATION SYSTEM REQUIREMENTS. The facility administrator shall designate a staff person to report to the department, at least weekly, information on persons detained in the facility. Statutory Authority: MS s 241.021 History: 39 SR 1203 Published Electronic…

2945.2500 SEPARATION OF DETAINEES. Subpart 1. General. A combination of separate living spaces, sanitation facilities, activity spaces, cell units, and detention rooms shall be provided to properly segregate detainees. Subp. 2. Detainees to be housed separately. A. The following …

2945.2510 DETAINEES; DISCIPLINE; RESTRAINT. Subpart 1. Information to detainees. Rules for detainee behavior must be posted in a conspicuous place or provided to the detainee. Subp. 2. Official charge, legal basis for detention. Every detainee admitted to a facility must be advis…

2945.2520 DETAINEE VISITATION. Subpart 1. Initial visits for juveniles. The initial visit for parents, guardians, and attorneys must be permitted at any time. The facility administrator shall address how to regulate access to juvenile detainees by the detainee's parents, guardian…

2945.2530 CORRESPONDENCE. Subpart 1. [Renumbered subp 5a] Subp. 1a. Exclusion. Class III municipal lockup facilities are excluded from the requirements of subparts 2 to 6. Subp. 2. Unrestricted volume of mail. The volume of written mail to or from a detainee must not be restricte…

2945.2540 BEDDING, LAUNDRY, AND CLOTHING REMOVAL. Subpart 1. Bedding. After confinement of eight hours, a detainee shall be offered one set of clean, sanitary, and fire-retardant bedding. Subp. 2. Laundry. Mattresses and pillows must be sanitized between each detainee. Sheets mus…

2945.2550 EMERGENCIES AND SPECIAL INCIDENTS. Subpart 1. Emergency plan. The facility administrator shall develop a written emergency plan. The plan must include: A. location of alarms and fire fighting equipment; B. emergency drill policy; C. specific assignments and tasks for pe…

2945.3410 FREQUENCY OF MEALS. There must be no more than 14 hours between an evening meal and breakfast. At least three meals must be made available at regular times during each 24-hour period. Statutory Authority: MS s 241.021 History: 17 SR 711; 39 SR 1203 Published Electronica…

2945.3420 THERAPEUTIC DIETS. A facility housing detainees in need of medically prescribed therapeutic diets must document that the diets are provided as ordered by the attending physician. Statutory Authority: MS s 241.021 History: 17 SR 711; 39 SR 1203 Published Electronically: …

2945.3430 USE OF FOOD IN DISCIPLINE. Food must not be withheld as punishment. Statutory Authority: MS s 241.021 History: 17 SR 711; 39 SR 1203 Published Electronically: March 2, 2015

2945.3450 HOT MEAL MINIMUM. A minimum of one hot meal must be provided for each 24 hours of confinement. Class III municipal lockup facilities are excluded from the requirement of this part. Statutory Authority: MS s 241.021 History: 17 SR 711; 39 SR 1203 Published Electronically…

2945.4700 SECURITY POLICIES AND PROCEDURES, GENERAL. Subpart 1. Security policies and procedures. Each facility must have and adhere to written security policies and procedures which provide for at a minimum the following: A. the control and recovery of contraband; B. the prohibi…