Rulemaking Updates
The department is pleased to share that the revisions to Chapter 2911 have been fully approved by the Court of Administrative Hearings. A copy of the court's order is available here and can also be found with other hearing exhibits for Chapter 2911 under the active rulemaking link.
The rulemaking process for Chapter 2911 still requires additional procedural steps and is expected to conclude in late Fall 2026, with the revised rule becoming effective six months (180 days) after its publication in the State Register. The department will continue to share detailed updates with stakeholders as the current estimated timeline for the effective date becomes more defined.
Rulemaking Activity
As required by the Administrative Procedure Act, the department maintains a public rulemaking docket to keep Minnesotans informed about rulemaking efforts currently underway or being considered. To enhance accessibility and public awareness, the department also provides straightforward access to updates on all rulemaking activity, allowing the public to easily see what is currently active, what is inactive, and what has recently been completed.
Active Rulemaking ▾
Chapter 2900 - Rules Relating to Construction of Correctional Facilities
Overview: The department’s construction chapter for jails has not been amended since 1978, when it was codified in the precursor publication to Minnesota Rules. Since moving to Minnesota Rules in 1983, the chapter has remained unamended. Consisting of only six rule parts, the construction chapter is outdated, poorly drafted, light on details, and generally inadequate on construction best practices.
To replace the current construction chapter, the department is proposing a comprehensive performance-based standard that supplements the State Building Code and establishes uniform performance standards. These performance standards will standardize jail construction and serve to promote efficiency and economy, allowing jails to deliver high-quality correctional services.
Current Standing: DOC published a Request for Comments on August 30, 2021, and is in the rule-drafting stage.
Supporting Documentation
Chapter 2911 - Rules Relating to Jail Facilities
Overview: Since 1976, the Department of Corrections has had the authority to inspect adult correctional facilities, or jails, for compliance with minimum standards. The Department of Correction’s authority and the minimum standards, however, have not been substantively revised for half a century. The department worked with the legislature and key stakeholders to pass the transformative Hardel Sherrell Act (2021), which greatly enhanced the department's ability to improve the standards of confinement and ensure that all justice-involved populations are treated with basic levels of care. For the first time, the legislature mandated topics for DOC to include in its minimum standards (see section 241.021, subdivision 1).
Current Standing: A hearing was held on May 28, 2026, and the department is awaiting the court’s decision. Once received, we expect future filings to conclude late 2026 with the rule becoming effective 180 days (six months) after publication in the State Register.
Hearing Exhibits
- Exhibit List – Index
- Exhibit A – Request for Comments
- Exhibit B – Petition for Rulemaking
- Exhibit C – Revisor’s Rule Draft (3-11-26)
- Exhibit D – SONAR
- Exhibit E – Legislative Reference Library Submission
- Exhibit F – Notice of Hearing in State Register
- Exhibit G – Certificate of Mailing & Accuracy of Mailing List
- Exhibit H – Certificate of Additional Notice
- Exhibit I – Written Comments
- Exhibit J – Omission of Text
- Exhibit K-1 and K-2 – Other Documents (Letter to MMB & Notice to Legislators)
- Exhibit K-3 – Hearing Participant List
- Exhibit K-4 – Response to Prehearing Comments
- Exhibit K-5 – Revised Rule Draft (Dated May 22, 2026)
- Exhibit K-6 – Hearing PowerPoint Slideshow
- Exhibit K-7 – Hearing Transcript
- Exhibit K-8 – Initial Hearing and Post-Hearing Comment Response
- Exhibit K-9 – Working Draft of Changes to 3/11/2026 Draft of Rule 2911
- Exhibit K-10 – Written Post-Hearing Comments
- Exhibit K-11 – Final-Hearing, Post-Hearing, and Rebuttal Comment Response
Hearing Documents
Supporting Documentation
Chapter 2920 - Rules Relating to Adult Community-Based Residential Correctional Facilities
Overview: The department licenses facilities that provide correctional services to adults accused of, charged with, or convicted of a criminal offense. Most adults are placed in the facilities by county probation agencies, the federal government, or the department. An adult may also be placed in a facility by the Direct Care and Treatment’s Minnesota Sex Offender Program.
Current Standing: DOC published a Request for Comments on July 21, 2025, and is in the rule-drafting stage.
Supporting Documentation
Chapter 2960 - Rules Relating to Restrictive Procedures in Juvenile Detention Facilities
Overview: In 1995, the Department of Corrections and the Department of Human Services were directed to jointly adopt licensing and programming rules for secure and nonsecure residential treatment facilities. Chapter 2960 rules were adopted in 2003, resulting in a repeal of former Rule Chapters 2925 (Group Foster Homes); 2930 (Secure Juvenile Detention Facilities), and 2935 (Juvenile Residential Facilities).
This chapter was amended in 2008 to include provisions governing chemical-dependency licensing and funding. Other minor revisions were made by the Office of the Revisor changes in 2003, 2005, 2007, 2011, 2012, and 2019 to eliminate outdated language and conform to statutory language. In the 2023 legislative session, the legislature passed new restrictions on using strip searches and disciplinary room time in DOC-licensed juvenile facilities under Minnesota Statutes section 241.021, subdivision 2. As part of the new requirements, the legislature required DOC to adopt rules on training, facility audits, strip searches, disciplinary room time, time-outs, and seclusion. The revisions were adopted and published in the State Register on November 12, 2024.
Current Standing: During the 2026 legislative session, the department was directed to use good cause exempt rulemaking to modify the reporting requirements for when a resident of a DOC-licensed program is placed in administrative or medical separation. Inspection requirements under the new statute took effect immediately, and Inspections and Enforcement has already incorporated those changes into current practice. The department’s exempt rulemaking work – limited to revising the department’s notification requirements specified in Minnesota Rules 2960.0740, subpart 3, and 2960.0750, subpart 3 - will begin in the near future.
Supporting Documentation
Inactive Rulemaking ▾
2905 – Community Corrections Act
Overview: This chapter establishes the framework for delivering and coordinating correctional services across the areas of the state where the CCA operates, while placing primary responsibility for planning and implementation with local governments. Its role is to ensure that these efforts remain compatible with one another and consistent with the basic requirements of the state’s correctional system. This rule has not been updated since 1973 and is now outdated, loosely written, lacking sufficient detail, and generally inadequate for today’s correctional environment.
Current Standing: There is currently no rulemaking activity underway; however, the department recognizes the need for updates and anticipates pursuing revisions once other active rulemaking efforts have concluded.
Supporting Documentation
2945 – Municipal Jail Facilities
Overview: The most recent revisions to this chapter took place in 2014, when the department amended the rule to remove outdated language and streamline which facilities required inspection by the department’s Inspection and Enforcement Unit. This rule has not been updated since and is now outdated and generally insufficient given the significant changes to chapter 2911 through legislation action in 2021.
Current Standing: There is currently no rulemaking activity underway; however, the department recognizes the need for updates and anticipates pursuing revisions once other active rulemaking efforts have concluded.
Supporting Documentation
Recently Completed ▾
2940 - Rules of the Hearings and Release Unit
Overview: This rule chapter governs the Hearings and Release Unit and contains provisions on conditions of release, warrants, revocation proceedings, and other HRU functions. The rule chapter was adopted in 1984 after the Minnesota Corrections Board was dismantled, with the board’s duties transferred to the Hearings and Release Unit. Since then, the rules have been amended only once for technical and nonsubstantive changes.
In 2005, the Minnesota Legislature exempted most of the rules from the Administrative Procedure Act, and most of the rule chapter has been superseded by department policies, which are publicly available online. The obsolete rules were repealed in April of 2026, and the current version of the rule is focused on Conditions of Release, Warrants, and Violation Proceedings.
Current Standing: The department repealed obsolete rules and published the notice of adoption in the State Register on 04/06/2026. The current rule became effective on 04/14/2026.
Supporting Documentation
Chapter 2955 – Rules Relating to Residential Treatment; Sexually Abusive Or Harmful Behavior
Overview: In 2025, the department amended the two chapters (2955 and 2965) together and adopted combined rules under chapter 2955. Chapters 2955 (juveniles) and 2965 (adults) were adopted in 1999 to establish minimum standards to certify (1) sex offender treatment programs in state and local correctional facilities, and (2) state-operated sex offender treatment not operated in state and local correctional facilities. The rules originated from a concerted effort by the legislature to control, manage, and provide appropriate treatment for persons perpetrating sexual crimes.
Current Standing: There is currently no rulemaking activity underway as the rules were recently revised. The department adopted combined rules on 10/13/2025, which became effective on 10/20/2025.
Supporting Documentation
Organizational Responsibilities for Rule Chapters
The department is responsible for eight (8) rule chapters, which are carried out across three (3) areas of the agency. Each area is staffed with subject-matter experts who contribute their knowledge throughout the rulemaking process for their respective chapters and ensure those rules are accurately applied within the department.
Rulemaking HearingsThere are currently no hearings scheduled. |
Rulemaking Advisory CommitteesThere are currently no advisory committees assigned to our rulemaking docket. Click here to learn more about the role and expectations of an advisory committee member. |
What is Rulemaking?
The legislature delegates authority to state agencies to make administrative rules necessary to carry out the purpose of statutorily assigned duties. This process, called rulemaking, allows state agencies to adopt, amend, or repeal rules, which have the force and effect of law. In Minnesota, agencies follow procedures outlined in the Minnesota Administrative Procedure Act (APA), Minnesota Statutes, chapter 14 and Administrative Rule, chapter 1400, to make rule revisions.
Under the Administrative Procedure Act, state agencies must submit both an annual obsolete rules report and the rulemaking docket, which help ensure accountability and track progress toward maintaining up-to-date rules. Both reports are available in the resources section below and are also on the Legislative Reference Library’s website.
To learn more about rulemaking, you can visit the link for Rulemaking Frequently Asked Questions here or in the Rulemaking Resources section below.
About DOC RulemakingThe Minnesota Department of Corrections has a rulemaking manager, who oversees the department’s rulemaking docket. The rulemaking manager serves as the primary liaison to the Court of Administrative Hearings, the Revisor’s Office, the State Register, and the Legislative Reference Library for all rulemaking-related submissions. |
Tara Rathman
1450 Energy Park Drive
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Rulemaking Resources
Rulemaking Feedback
If you have comments about any department rule or suggestions for improving the rulemaking site, please email docrulemaking.DOC@state.mn.us.