SF 2891

1st Engrossment - 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 1998, 
  1.5             section 13.32, subdivision 8; Minnesota Statutes 1999 
  1.6             Supplement, sections 13.99, by adding a subdivision; 
  1.7             and 260B.171, subdivision 3; proposing coding for new 
  1.8             law in Minnesota Statutes, chapter 121A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 13.32, 
  1.11  subdivision 8, is amended to read: 
  1.12     Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon 
  1.13  request, the following education data shall be disclosed under 
  1.14  subdivision 3, clause (i), to the juvenile justice system:  a 
  1.15  student's full name, home address, telephone number, date of 
  1.16  birth; a student's school schedule, attendance record, and 
  1.17  photographs, if any; and parents' names, home addresses, and 
  1.18  telephone numbers. 
  1.19     (b) In addition, the following data on behavior by a 
  1.20  student who is on probation may be disclosed under subdivision 
  1.21  3, clause (i) or (l), to the juvenile justice system to the 
  1.22  extent necessary to serve the student or protect students or 
  1.23  staff: 
  1.24     (1) use of a controlled substance, alcohol, or tobacco; 
  1.25     (2) assaultive or threatening conduct that could result in 
  1.26  dismissal from school under section 121A.45, subdivision 2, 
  1.27  clause (b) or (c); 
  2.1      (3) possession or use of weapons or look-alike weapons; 
  2.2      (4) participation in gang activity as defined by the 
  2.3   criminal gang oversight council under section 299A.64, 
  2.4   subdivision 2, paragraph (b); 
  2.5      (5) theft; or 
  2.6      (6) vandalism or other damage to property. 
  2.7      (c) Any request for access to data under this subdivision 
  2.8   must contain an explanation of why access to the data is 
  2.9   necessary to serve the student or to protect students or staff. 
  2.10     Sec. 2.  Minnesota Statutes 1999 Supplement, section 13.99, 
  2.11  is amended by adding a subdivision to read: 
  2.12     Subd. 27g.  [DISPOSITION ORDERS RECEIVED BY SCHOOLS.] 
  2.13  Access to disposition orders received by schools is governed by 
  2.14  section 3.  
  2.15     Sec. 3.  [121A.07] [RECEIPT OF DISPOSITION ORDER; SHARING.] 
  2.16     (a) On receipt of a disposition order under section 
  2.17  260B.171, subdivision 3, the superintendent or chief 
  2.18  administrative officer of the juvenile's school must immediately 
  2.19  transmit the order to the principal of the school or other 
  2.20  person having general control and supervision of the school 
  2.21  where the juvenile is in attendance.  The principal or person in 
  2.22  control must place the disposition order in the juvenile's 
  2.23  permanent education record.  The principal or person in control 
  2.24  must also immediately notify any counselor directly supervising 
  2.25  or reporting on the behavior or progress of the juvenile.  In 
  2.26  addition, the principal or person in control must immediately 
  2.27  notify any teacher or administrator who directly supervises or 
  2.28  reports on the behavior or progress of the juvenile whom the 
  2.29  principal or person in control believes needs the data to work 
  2.30  with the juvenile in an appropriate manner, to avoid being 
  2.31  needlessly vulnerable, or to protect other persons from needless 
  2.32  vulnerability.  The principal or person in control may also 
  2.33  notify other district employees in direct contact with the 
  2.34  juvenile, a substitute, or a volunteer, if they determine these 
  2.35  individuals need the data to work with the juvenile in an 
  2.36  appropriate manner, to avoid being needlessly vulnerable, or to 
  3.1   protect other persons from needless vulnerability.  
  3.2      (b) Information received under this subdivision is private 
  3.3   data on individuals as defined in section 13.32 and is received 
  3.4   for the limited purpose of serving the educational needs of the 
  3.5   juvenile and protecting students or staff.  The data may not be 
  3.6   further disseminated by the teacher; counselor; staff member; 
  3.7   administrator; substitute; or volunteer, except as necessary to 
  3.8   serve the juvenile, to protect students or staff, or as 
  3.9   otherwise required by law, and only to the following persons:  
  3.10     (1) the juvenile; 
  3.11     (2) the juvenile's parent or guardian; 
  3.12     (3) law enforcement officers; or 
  3.13     (4) the juvenile's probation officer. 
  3.14     (c) If a juvenile is removed from school as part of the 
  3.15  disposition order, the superintendent or chief administrative 
  3.16  officer must maintain the copy of the order in a secure file and 
  3.17  shall notify the principal or person in control when the 
  3.18  juvenile is returned to school.  If the juvenile is returned to 
  3.19  a different school district or school, the juvenile's probation 
  3.20  officer must send a copy of the disposition order to the 
  3.21  superintendent of the new school district or the chief 
  3.22  administrative officer of the new school.  
  3.23     (d) When provided in the disposition order, the notice from 
  3.24  the principal or person in control must identify the student, 
  3.25  outline the offense, and describe any conditions of probation 
  3.26  about which the school must provide information.  The 
  3.27  disposition order may be released as provided in paragraph (c) 
  3.28  and must be included if the juvenile's permanent education 
  3.29  record is released to another school district or educational 
  3.30  entity to which the juvenile is transferring under section 
  3.31  120A.22, subdivision 7.  
  3.32     (e) Notwithstanding section 138.17, a disposition order 
  3.33  received under section 260B.171, subdivision 3, paragraph (a), 
  3.34  must be destroyed when the juvenile graduates from school or at 
  3.35  the end of the academic year in which the juvenile reaches age 
  3.36  23, whichever is earlier.  A disposition order received under 
  4.1   section 260B.171, subdivision 3, paragraph (b), must be 
  4.2   destroyed when the juvenile is discharged from probation.  
  4.3      Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  4.4   260B.171, subdivision 3, is amended to read: 
  4.5      Subd. 3.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
  4.6   juvenile is enrolled in school, the juvenile's probation officer 
  4.7   shall transmit a copy of the court's disposition order to the 
  4.8   principal superintendent or chief administrative officer of the 
  4.9   juvenile's school if the juvenile has been adjudicated 
  4.10  delinquent for committing an act on the school's property or an 
  4.11  act: 
  4.12     (1) that would be a violation of section 609.185 
  4.13  (first-degree murder); 609.19 (second-degree murder); 609.195 
  4.14  (third-degree murder); 609.20 (first-degree manslaughter); 
  4.15  609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
  4.16  homicide and injury); 609.221 (first-degree assault); 609.222 
  4.17  (second-degree assault); 609.223 (third-degree assault); 
  4.18  609.2231 (fourth-degree assault); 609.224 (fifth-degree 
  4.19  assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
  4.20  609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
  4.21  (false imprisonment); 609.342 (first-degree criminal sexual 
  4.22  conduct); 609.343 (second-degree criminal sexual conduct); 
  4.23  609.344 (third-degree criminal sexual conduct); 609.345 
  4.24  (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
  4.25  criminal sexual conduct); 609.498 (tampering with a witness); 
  4.26  609.561 (first-degree arson); 609.582, subdivision 1 or 2 
  4.27  (burglary); 609.713 (terroristic threats); or 609.749 
  4.28  (harassment and stalking), if committed by an adult; 
  4.29     (2) that would be a violation of section 152.021 
  4.30  (first-degree controlled substance crime); 152.022 
  4.31  (second-degree controlled substance crime); 152.023 
  4.32  (third-degree controlled substance crime); 152.024 
  4.33  (fourth-degree controlled substance crime); 152.025 
  4.34  (fifth-degree controlled substance crime); 152.0261 (importing a 
  4.35  controlled substance); or 152.027 (other controlled substance 
  4.36  offenses), if committed by an adult; or 
  5.1      (3) that involved the possession or use of a dangerous 
  5.2   weapon as defined in section 609.02, subdivision 6. 
  5.3      When a disposition order is transmitted under this 
  5.4   paragraph subdivision, the probation officer shall notify the 
  5.5   juvenile's parent or legal guardian that the disposition order 
  5.6   has been shared with the juvenile's school. 
  5.7      (b) In addition, the juvenile's probation officer may 
  5.8   transmit a copy of the court's disposition order to the 
  5.9   principal or chief administrative officer of the juvenile's 
  5.10  school if the juvenile has been adjudicated delinquent for 
  5.11  offenses not listed in paragraph (a) and placed on probation.  
  5.12  The probation officer shall notify the principal or chief 
  5.13  administrative officer when the juvenile is discharged from 
  5.14  probation. 
  5.15     (c) The disposition order must be accompanied by a notice 
  5.16  to the school that the school may obtain additional information 
  5.17  from the juvenile's probation officer with the consent of the 
  5.18  juvenile or the juvenile's parents, as applicable.  The 
  5.19  disposition order must be maintained in the student's permanent 
  5.20  education record but may not be released outside of the school 
  5.21  district or educational entity, other than to another school 
  5.22  district or educational entity to which the juvenile is 
  5.23  transferring.  Notwithstanding section 138.17, the disposition 
  5.24  order must be destroyed when the juvenile graduates from the 
  5.25  school or at the end of the academic year when the juvenile 
  5.26  reaches age 23, whichever date is earlier, shared, or released 
  5.27  only as provided in section 3. 
  5.28     (c) (d) The juvenile's probation officer shall maintain a 
  5.29  record of disposition orders released under this subdivision and 
  5.30  the basis for the release. 
  5.31     (d) (e) The criminal and juvenile justice information 
  5.32  policy group, in consultation with representatives of probation 
  5.33  officers and educators, shall prepare standard forms for use by 
  5.34  juvenile probation officers in forwarding information to schools 
  5.35  under this subdivision and in maintaining a record of the 
  5.36  information that is released.  
  6.1      (e) (f) As used in this subdivision, "school" means a 
  6.2   public or private elementary, middle, or secondary school.