HF 1511

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 11:39am

A bill for an act
relating to corrections; providing for juvenile risk assessments; amending Minnesota
Statutes 2022, section 260B.176, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 260B.176, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Risk-assessment instrument. new text end

new text begin (a) If a peace officer, probation officer, or
parole officer who takes a child into custody does not release the child according to
subdivision 1, the officer must communicate with or deliver the child to a juvenile secure
detention facility to determine whether the child should be released or detained.
new text end

new text begin (b) To determine whether a child should be released or detained, a facility's supervisor
must use an objective and racially, ethnically, and gender-responsive juvenile detention
risk-assessment instrument developed by the commissioner of corrections, county, group
of counties, or judicial district, in consultation with the state coordinator or coordinators of
the Minnesota Juvenile Detention Alternative Initiative.
new text end

new text begin (c) The risk-assessment instrument must:
new text end

new text begin (1) assess the likelihood that a child released from preadjudication detention under this
section or section 260B.178 would endanger others or not return for a court hearing;
new text end

new text begin (2) identify the appropriate setting for a child who might endanger others or not return
for a court hearing pending adjudication, with either continued detention or placement in a
noncustodial community-based supervision setting; and
new text end

new text begin (3) identify the type of noncustodial community-based supervision setting necessary to
minimize the risk that a child who is released from custody will endanger others or not
return for a court hearing.
new text end

new text begin (d) If, after using the instrument, a determination is made that the child should be released,
the person taking the child into custody or the facility supervisor must release the child
according to subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 15, 2023.
new text end