Minnesota Administrative Rules

2960.0570 FACILITY OPERATIONAL POLICIES AND PROCEDURES.

Subpart 1.

Using restrictive procedures, strip searches, and resident-assisted searches.

A.

Facilities licensed by the commissioner of corrections that want to use restrictive procedures may use restrictive procedures according to the program's statement of intended use if the license holder is certified to use restrictive procedures according to parts 2960.0710 to 2960.0750.

B.

Each strip search must be conducted according to part 2960.0240, subpart 6; and Minnesota Statutes, section 241.0215, subdivision 3. Internal body searches of the anus or genitalia are prohibited.

C.

Before a staff member may conduct a strip search or resident-assisted search, the staff member must receive training on trauma-informed techniques according to part 2960.0240, subpart 5.

Subp. 2.

Critical incidents.

The certification holder must report critical incidents and the disposition of the critical incidents to the Department of Corrections. Critical incidents that involve or endanger the lives or safety of facility staff or residents must be reported in writing to the certifying authority within ten days on forms approved by the certifying authority.

Subp. 3.

Security policies and procedures.

The license holder must have security policies and procedures that include the topics in items A to K:

A.

control and recovery of contraband;

B.

delivery and service procedure;

C.

prohibition of firearms and other weapons in resident areas;

D.

search procedures, including strip searches and resident-assisted searches;

E.

escort of residents outside security area;

F.

when residents are not under direct supervision, conducting well-being checks at least once every 30 minutes, as direct supervision and well-being checks are defined under part 2960.0720, subpart 3;

G.

lock and key procedures;

H.

inspection of physical plant procedures;

I.

count procedures;

J.

weapons, tools, equipment, medications, and hazardous substances; and

K.

use of chemical irritants.

Subp. 4.

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:

MS s 241.021; 245A.03; 245A.09; L 1995 c 226 art 3 s 60; L 2023 c 52 art 11 s 34

History:

28 SR 211; 49 SR 499

Published Electronically:

December 9, 2024