SF 1441

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2014 08:26am

A bill for an act
relating to public safety; extending the time period and renewals allowed for a
continuance without adjudication in a juvenile delinquency case; expanding
the scope of juvenile diversion programs; amending Minnesota Statutes 2012,
sections 260B.198, subdivision 7; 388.24, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to
read:

Subd. 7.

Continuance.

new text begin (a) new text end When it is in the best interests of the child to do so new text begin and
not inimical to public safety new text end and when the child has admitted the allegations contained in
the petition before the judge or referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition have been duly proven but,
in either case, before a finding of delinquency has been entered, the court may continue
the case for a period not to exceed deleted text begin 90 deleted text end new text begin 180 new text end days on any one order. deleted text begin Such a continuance may
be extended for one additional successive period not to exceed 90 days and only after the
court has reviewed the case and entered its order for an additional continuance without a
finding of delinquency. deleted text end new text begin The continuance may be extended for one additional successive
period not to exceed 180 days, but only with the consent of the prosecutor and only after
the court has reviewed the case and entered its order for the additional continuance
without a finding of delinquency. new text end During deleted text begin this deleted text end new text begin a new text end continuance the court may enter an order
in accordance with the provisions of subdivision 1, deleted text begin clause (1) or (2) deleted text end new text begin except clause (4) new text end , or
enter an order to hold the child in detention for a period not to exceed 15 days on any one
order for the purpose of completing any consideration, or any investigation or examination
ordered in accordance with the provisions of section 260B.157.

new text begin (b) A prosecutor may appeal a continuance ordered in contravention of this
subdivision. new text end This subdivision new text begin does not extend the court's jurisdiction under section
260B.193 and new text end does not apply to an extended jurisdiction juvenile proceeding.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2012, section 388.24, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section:

(1) a child under the jurisdiction of the juvenile court is an "offender" if:

(i) the child is petitioned for, or probable cause exists to petition or take the child into
custody for, a felony, gross misdemeanor, deleted text begin or deleted text end misdemeanor new text begin , petty misdemeanor, juvenile
petty, or juvenile traffic new text end offense, other than an offense against the person, but has not yet
entered a plea in the proceedings;

(ii) the child has not previously been adjudicated in Minnesota or any other state for
any offense against the person; and

(iii) the child has not previously been petitioned for an offense in Minnesota and
then had the petition dismissed as part of a diversion program, including a program that
existed before July 1, 1995; and

(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a
diversion program on condition that the delinquency petition against the offender will be
dismissed or the petition will not be filed after a specified period of time if the offender
successfully completes the program.