HF 2833

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing for data sharing between 
  1.3             probation officers and school officials for juveniles 
  1.4             on probation; amending Minnesota Statutes 1999 
  1.5             Supplement, section 260B.171, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.8   260B.171, subdivision 3, is amended to read: 
  1.9      Subd. 3.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
  1.10  juvenile is enrolled in school, the juvenile's probation officer 
  1.11  shall transmit a copy of the court's disposition order to the 
  1.12  principal or chief administrative officer of the juvenile's 
  1.13  school if the juvenile has been adjudicated delinquent for 
  1.14  committing an act on the school's property or an act: 
  1.15     (1) that would be a violation of section 609.185 
  1.16  (first-degree murder); 609.19 (second-degree murder); 609.195 
  1.17  (third-degree murder); 609.20 (first-degree manslaughter); 
  1.18  609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
  1.19  homicide and injury); 609.221 (first-degree assault); 609.222 
  1.20  (second-degree assault); 609.223 (third-degree assault); 
  1.21  609.2231 (fourth-degree assault); 609.224 (fifth-degree 
  1.22  assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
  1.23  609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
  1.24  (false imprisonment); 609.342 (first-degree criminal sexual 
  1.25  conduct); 609.343 (second-degree criminal sexual conduct); 
  2.1   609.344 (third-degree criminal sexual conduct); 609.345 
  2.2   (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
  2.3   criminal sexual conduct); 609.498 (tampering with a witness); 
  2.4   609.561 (first-degree arson); 609.582, subdivision 1 or 2 
  2.5   (burglary); 609.713 (terroristic threats); or 609.749 
  2.6   (harassment and stalking), if committed by an adult; 
  2.7      (2) that would be a violation of section 152.021 
  2.8   (first-degree controlled substance crime); 152.022 
  2.9   (second-degree controlled substance crime); 152.023 
  2.10  (third-degree controlled substance crime); 152.024 
  2.11  (fourth-degree controlled substance crime); 152.025 
  2.12  (fifth-degree controlled substance crime); 152.0261 (importing a 
  2.13  controlled substance); or 152.027 (other controlled substance 
  2.14  offenses), if committed by an adult; or 
  2.15     (3) that involved the possession or use of a dangerous 
  2.16  weapon as defined in section 609.02, subdivision 6. 
  2.17     When a disposition order is transmitted under this 
  2.18  paragraph, the probation officer shall notify the juvenile's 
  2.19  parent or legal guardian that the disposition order has been 
  2.20  shared with the juvenile's school. 
  2.21     (b) In addition, the juvenile's probation officer may 
  2.22  transmit a copy of the court's disposition order to the 
  2.23  principal or chief administrative officer of the juvenile's 
  2.24  school if the juvenile has been adjudicated delinquent for 
  2.25  offenses not listed in paragraph (a) and placed on probation or 
  2.26  where the juvenile has been found by the court to be a juvenile 
  2.27  petty offender and received a disposition under section 
  2.28  260B.235, subdivision 4. 
  2.29     (c) The disposition order must be accompanied by a notice 
  2.30  to the school that the school may obtain additional information 
  2.31  from the juvenile's probation officer with the consent of the 
  2.32  juvenile or the juvenile's parents, as applicable.  The 
  2.33  disposition order must be maintained in the student's permanent 
  2.34  education record but may not be released outside of the school 
  2.35  district or educational entity, other than to another school 
  2.36  district or educational entity to which the juvenile is 
  3.1   transferring.  Notwithstanding section 138.17, the disposition 
  3.2   order must be destroyed when the juvenile graduates from the 
  3.3   school or at the end of the academic year when the juvenile 
  3.4   reaches age 23, whichever date is earlier. 
  3.5      (c) (d) The juvenile's probation officer shall maintain a 
  3.6   record of disposition orders released under this subdivision and 
  3.7   the basis for the release. 
  3.8      (d) (e) The criminal and juvenile justice information 
  3.9   policy group, in consultation with representatives of probation 
  3.10  officers and educators, shall prepare standard forms for use by 
  3.11  juvenile probation officers in forwarding information to schools 
  3.12  under this subdivision and in maintaining a record of the 
  3.13  information that is released.  
  3.14     (e) (f) Educators and probation officers may engage in 
  3.15  ongoing discussions about the juvenile in order to ensure 
  3.16  compliance with all terms of the court's disposition order. 
  3.17     (g) As used in this subdivision, "school" means a public or 
  3.18  private elementary, middle, or secondary school.