HF3768

Purpose

Clarify and strengthen how local juvenile and adult community-based correctional facilities are licensed, inspected, and overseen, and establish formal security audits for state correctional facilities. The bill adds new review processes, reporting requirements, and accountability measures to ensure safety, health, and proper management across facilities.

Key Provisions

• Local correctional facilities: licensing, inspection, and standards

  • The Department of Corrections must inspect and license all local correctional facilities at least every two years to check compliance with minimum standards.
  • Inspectors may access buildings, records, staff, and individuals in the facilities; inspection reports must be posted publicly within 30 days.
  • Licenses can be issued for up to two years if facilities conform or make satisfactory progress; limited licenses may be granted to enable closure.
  • Facilities must share data through the department’s detention information system; failure to provide data can lead to license actions.
  • Deaths, emergencies, unusual occurrences, and other critical incidents must be reported to the commissioner within specified timelines (e.g., deaths within 24 hours; other incidents within 10 days).
  • If a death occurs, a death review team may be convened to assess preventable mortality and recommend policy or training changes. Some materials are confidential.

• Enforcement and license actions for local facilities

  • The commissioner can issue correction orders or conditional licenses for deficiencies not posing an imminent risk, with clearly stated violations, required actions, and timeframes.
  • Facility administrators can seek review of conditional orders; progress toward compliance can lift or modify conditions.
  • License revocation is available if deficiencies persist or pose risks; revocation notices provide detailed findings and timelines. Use may be allowed for a limited period during closure arrangements.
  • Reconsideration processes are available for correction orders, conditional licenses, suspensions, or revocation decisions, with defined timelines.
  • Temporary immediate license suspensions can be issued for imminent risks or when violations require urgent action; difficult or ongoing violations are reviewed promptly.
  • Public notice of license restrictions, suspensions, or revocations must be posted, including status and findings.

• Local juvenile facilities

  • Local juvenile facilities must be inspected and licensed; education programs for juveniles must be approved by the Department of Education before licensing.
  • The commissioner must inform affected municipalities about licenses, and state funds may not be spent on certain foster care facilities until notice requirements are met.
  • Licensing actions follow the same processes as other local facilities; rules for local juvenile facilities will be updated.

• State correctional facilities security audits

  • Purpose: conduct biennial security audits of each state correctional facility using standards set by a dedicated audit group.
  • Data and confidentiality: data classified as corrections and detention confidential data or security information are protected from discovery and evidence; other information obtained during audits can be used in appropriate actions.
  • Audit group: forms a state correctional facilities security audit group, chaired by the ombudsperson for corrections. Members include a department staffer, a sheriff or designee, an external security expert, health and administration commissioners or designees, and legislators (two senators, two representatives).
  • Standards and reporting: the audit group sets security standards, can gather information from facilities and staff, reviews and updates standards as needed, and reports changes to legislative chairs when amended.
  • Meetings and recommendations: the group meets twice a year to review audit reports; must issue recommendations to the commissioner within a set period, and the commissioner must respond in writing with implementation plans and timelines.
  • Public and aggregate reporting: the biennial report to the legislature must include aggregated recommendations and the commissioner’s responses, but must not include confidential data.
  • Access to full audit materials: the audit group may review full reports, including confidential data, to assess facility security.

What This Changes in Practice

• Stronger, more frequent oversight of local facilities (every two years; public posting of results).
• New formal processes for addressing deficiencies (correction orders, conditional licenses, revocation, temporary suspensions) with explicit timelines and appeal paths.
• New governance structure for security audits at state facilities (a dedicated audit group with broad representation and a chair from the ombudsperson).
• Expanded death review and incident handling protocols (death review teams; structured reporting and policy recommendations).
• Increased collaboration and transparency with local communities (municipal notices; public reporting) and with educational authorities for juvenile programs.
• Data protection provisions for audit-related information, while preserving accountability.

Significant Changes to Existing Law

• Adds a comprehensive licensing and inspection framework for local juvenile and adult community-based correctional facilities (sections 241.011–241.013).
• Introduces a formal set of enforcement tools (correction orders, conditional licenses, revocation, temporary suspensions) with defined review and reconsideration processes.
• Creates a state-level security audit group and establishes biennial security audits for state correctional facilities, including a mandated, structured interaction with legislators and the ombudsperson.
• Reforms data handling for audit processes (confidential data protection; limited discovery).
• Mandates education program approval for juvenile placements and strengthens notice and funding safeguards for local juvenile facilities.

Optional Compliance and Implementation Notes

• Facilities should prepare for biennial inspections and ensure data reporting systems (detention information system) are ready for audits.
• Local municipalities may need to coordinate with the department on licensing notices and funding restrictions.
• Local facilities should prepare for potential corrective actions or license conditions and establish internal processes for incident reporting and death reviews.

Relevant Terms

• local correctional facilities
• state correctional facilities
• minimum standards
• corrections and detention confidential data
• security information
• detention information system
• death review teams
• critical incidents
• emergency or unusual occurrence
• correction order
• conditional license
• license revocation
• temporary immediate license suspension
• reconsideration order
• public notice
• ombudsperson for corrections
• audit group
• security audit standards
• biennial report
• external security expert
• licensing and inspection
• local juvenile correctional facilities
• education program approval
• funding notice requirements

Relevant Terms state correctional facilities security audit group ombudsperson for corrections detention information system corrections and detention confidential data security information minimum standards death review teams critical incidents imminent risk of lifethreatening harm conditional license correction order revocation order public notice biennial security audits inspection reports local correctional facilities local juvenile correctional facilities education program approval