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The legislature delegates authority to state agencies to make rules necessary to carry out statutorily assigned duties. Rulemaking in Minnesota follows procedures outlined in the Minnesota Administrative Procedure Act (APA), Minnesota Statutes, chapter 14.
The Minnesota Department of Corrections has a rules coordinator and each rulemaking project has an agency contact person. Individuals interested in being placed on the DOC rulemaking mailing list, please submit your request by U.S. Mail, fax, or email to the agency rules coordinator:
Tracy Gerasch
Minnesota Department of Corrections
1450 Energy Park Drive, Suite 200
St. Paul, MN 55108
651.603.0036 fax
tracy.gerasch@state.mn.us
Minnesota Statutes, Section 14.366 requires agencies to maintain a current rulemaking docket containing a list of each possible proposed rule currently under active consideration and each pending rulemaking proceeding.
This rulemaking docket contains information and links related to current rulemaking activities of the Minnesota Department of Corrections. Items are in order with the most recent information at the top of the list. If nothing is listed, there are no current rulemaking projects underway within the Department of Corrections.
Rules Governing Municipal Lockup Facilities
Rule: Minnesota Rules, chapter 2945
Reason for Rulemaking: The DOC is considering rule amendments that establish minimum standards for municipal jail facilities. The last amendment of the municipal jail facilities rules was in 1992. The amendment of the rule will address new case law, remove duplicative language and requirements, and reflect changes in technology.
Official Notices:
Request for Comments published in the State Register on Monday, June 6, 2011. Full Notice
Status: Drafting committee has met and discussed changes to the rule. Rule amendments are currently being drafted into final form. DOC anticipates continuing with the rule promulgation process on these amendments during the spring/summer of 2013.
Rules Governing Adult Detention Facilities
Rule: Minnesota Rules, chapter 2911
Reason for Rulemaking: The DOC is considering rule amendments that update the minimum standards for local adult detention facilities. The proposed revisions include clarifications to several parts, revised and new definitions, and general updates as this rule has not been updated since 1997. All sections of the current rule have some level of revision.
Official Notices:
Request for Comments published in the State Register on November 15, 2010. Full Notice
Dual Notice of Intent to Adopt Rules Governing Adult Detention Facilities. Full Notice
Documents:
Statement of Needs and Reasonableness from April 9, 2013.
Proposed Amendments
Status: Rule amendments are in final form. The DOC is seeking approvals to publish the notice of intent to adopt in the winter of 2013 and working with counties on final amendment points.
Rules Governing Adult Community-Based Residential Correctional Facilities
Rule: Minnesota Rules, chapter 2920
Reason for Rulemaking: The DOC undertook amendments to the rules that establish minimum standards for adult community-based residential correctional facilities. The last previous amendment was done in 1985; therefore, significant updates were made as a part of this revision.
Official Notices:
Request for Comments published in the State Register on November 15, 2010. Full Notice
Notice of Intent to Adopt Rules without a Public Hearing published in the State Register on May 16, 2011. Full Notice
Notice of Adoption published in the State Register on December 5, 2011. Full Notice
Documents:
Statement of Need and Reasonableness
Final Rule Noting Changes
Commissioner Order Adopting Rule
Status: The rule amendments went into effect five working days after the Notice of Adoption was published in the State Register.
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