HF 2707

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/17/2010 12:46pm

A bill for an act
relating to public safety; modifying certain provisions regarding juvenile
delinquency to include stays of adjudication of delinquency; extending the
duration of the continuance period allowed in a juvenile delinquency matter;
amending Minnesota Statutes 2008, sections 241.31, subdivision 1; 242.32,
subdivision 2; 260B.125, subdivision 4; 260B.157, subdivision 1; 260B.198,
subdivision 7; 299C.105, subdivision 1; 299C.61, subdivision 8a; 609.117,
subdivision 1; 624.713, subdivision 3; Minnesota Statutes 2009 Supplement,
section 624.713, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 241.31, subdivision 1, is amended to read:

Subdivision 1.

Establishment of program.

Notwithstanding any provisions of
Minnesota Statutes to the contrary, any city, county or town, or any nonprofit corporation
approved by the commissioner of corrections, or any combination thereof may establish
and operate a community corrections program for the purpose of providing housing,
supervision, treatment, counseling or other correctional services;

(a) to persons convicted of crime in the courts of this state and placed on probation
by such courts pursuant to section 609.135;

(b) to persons not yet convicted of a crime but under criminal accusation who
voluntarily accept such treatment;

(c) to persons adjudicated a delinquent new text begin or who received a stay of adjudication of
delinquency new text end under chapter 260 new text begin or chapter 260B new text end ;

(d) with the approval of the commissioner of corrections, to persons paroled under
chapter 242; and

(e) with the approval of the commissioner of corrections, to persons paroled under
section 243.05 or released under section 241.26.

Sec. 2.

Minnesota Statutes 2008, section 242.32, subdivision 2, is amended to read:

Subd. 2.

Secure placement of juvenile offenders.

The commissioner shall license
several small regional facilities providing secure capacity programming for juveniles who
have been adjudicated delinquent new text begin , have received a stay of adjudication of delinquency, new text end
or new text begin have been new text end convicted as extended jurisdiction juveniles and require secure placement.
The programming shall be tailored to the types of juveniles being served, including their
offense history, age, gender, cultural and ethnic heritage, mental health and chemical
dependency problems, and other characteristics. Services offered shall include but not
be limited to:

(1) intensive general educational programs, with an individual educational plan for
each juvenile;

(2) specific educational components in the management of anger and nonviolent
conflict resolution;

(3) treatment for chemical dependency;

(4) mental health screening, assessment, and treatment; and

(5) programming to educate offenders about sexuality and address issues specific to
victims and perpetrators of sexual abuse.

The facilities shall collaborate with facilities providing nonsecure residential
programming and with community-based aftercare programs.

Sec. 3.

Minnesota Statutes 2008, section 260B.125, subdivision 4, is amended to read:

Subd. 4.

Public safety.

In determining whether the public safety is served by
certifying the matter, the court shall consider the following factors:

(1) the seriousness of the alleged offense in terms of community protection,
including the existence of any aggravating factors recognized by the Sentencing
Guidelines, the use of a firearm, and the impact on any victim;

(2) the culpability of the child in committing the alleged offense, including the level
of the child's participation in planning and carrying out the offense and the existence of
any mitigating factors recognized by the Sentencing Guidelines;

(3) the child's prior record of delinquency new text begin , including adjudications of delinquency
and delinquency petitions that resulted in stays of adjudication of delinquency new text end ;

(4) the child's programming history, including the child's past willingness to
participate meaningfully in available programming;

(5) the adequacy of the punishment or programming available in the juvenile justice
system; and

(6) the dispositional options available for the child.

In considering these factors, the court shall give greater weight to the seriousness of
the alleged offense and the child's prior record of delinquency new text begin , including adjudications
of delinquency and delinquency petitions that resulted in stays of adjudication of
delinquency, new text end than to the other factors listed in this subdivision.

Sec. 4.

Minnesota Statutes 2008, section 260B.157, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

Upon request of the court the local social services
agency or probation officer shall investigate the personal and family history and
environment of any minor coming within the jurisdiction of the court under section
260B.101 and shall report its findings to the court. The court may order any minor coming
within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.

The court shall order a chemical use assessment conducted when a child is (1) found
to be delinquent for violating a provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer determines that alcohol or
drug use was a contributing factor in the commission of the offense, or (2) alleged to be
delinquent for violating a provision of chapter 152, if the child is being held in custody
under a detention order. The assessor's qualifications and the assessment criteria shall
comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under chapter
254B are to be used to pay for the recommended treatment, the assessment and placement
must comply with all provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and
9530.7000 to 9530.7030. The commissioner of human services shall reimburse the court
for the cost of the chemical use assessment, up to a maximum of $100.

The court shall order a children's mental health screening conducted when a child
is found to be delinquent. The screening shall be conducted with a screening instrument
approved by the commissioner of human services and shall be conducted by a mental
health practitioner as defined in section 245.4871, subdivision 26, or a probation officer
who is trained in the use of the screening instrument. If the screening indicates a need for
assessment, the local social services agency, in consultation with the child's family, shall
have a diagnostic assessment conducted, including a functional assessment, as defined in
section 245.4871.

With the consent of the commissioner of corrections and agreement of the county to
pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction
in an institution maintained by the commissioner for the detention, diagnosis, custody and
treatment of persons adjudicated to be delinquent new text begin or who received a stay of adjudication of
delinquency new text end , in order that the condition of the minor be given due consideration in the
disposition of the case. Any funds received under the provisions of this subdivision shall
not cancel until the end of the fiscal year immediately following the fiscal year in which the
funds were received. The funds are available for use by the commissioner of corrections
during that period and are hereby appropriated annually to the commissioner of corrections
as reimbursement of the costs of providing these services to the juvenile courts.

Sec. 5.

Minnesota Statutes 2008, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

When it is in the best interests of the child new text begin and public safety new text end
to do so 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 new text begin stay the adjudication of
delinquency and new text end 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. new text begin With the consent of the prosecutor, new text end such a continuance may be deleted text begin extended deleted text end new text begin renewed new text end
for deleted text begin one additional successive deleted text end new text begin a new text end period not to deleted text begin exceed 90 days deleted text end new text begin extend beyond the child's
19th birthday new text end and only after the court has reviewed the case and entered its order for an
additional continuance without a finding of delinquency. During deleted text begin this deleted text end new text begin either 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 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 The court
shall not stay adjudication on any felony offense if the child has previously received a
stay of adjudication of delinquency by a court in any judicial district. new text end This subdivision
does not apply to an extended jurisdiction juvenile proceeding. new text begin In calculating an adult
criminal history score, a stay of adjudication for a felony level offense ordered by the
court pursuant to this subdivision shall be counted as an adjudication by the Minnesota
Sentencing Guidelines Commission.
new text end

Sec. 6.

Minnesota Statutes 2008, section 299C.105, subdivision 1, is amended to read:

Subdivision 1.

Required collection of biological specimen for DNA testing.

(a)
Sheriffs, peace officers, and community corrections agencies operating secure juvenile
detention facilities shall take or cause to be taken biological specimens for the purpose of
DNA analysis as defined in section 299C.155, of the following:

(1) persons who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or persons having been convicted of or
attempting to commit, any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision
3a; or

(3) juveniles who have appeared in court and have had a judicial probable cause
determination on a charge of committing, deleted text begin or deleted text end juveniles having been adjudicated delinquent new text begin ,
or juveniles who have received a stay of adjudication of delinquency new text end for committing or
attempting to commit, any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours
the biological specimen required under paragraph (a) must be forwarded to the bureau in
such a manner as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers shall attempt to ensure that the
biological specimen is taken on a person described in paragraph (a).

Sec. 7.

Minnesota Statutes 2008, section 299C.61, subdivision 8a, is amended to read:

Subd. 8a.

Conviction.

"Conviction" means a criminal conviction or an adjudication
of delinquency new text begin or a stay of adjudication of delinquency new text end for an offense that would be a
crime if committed by an adult.

Sec. 8.

Minnesota Statutes 2008, section 609.117, subdivision 1, is amended to read:

Subdivision 1.

Upon sentencing.

If an offender has not already done so, the court
shall order an offender to provide a biological specimen for the purpose of DNA analysis
as defined in section 299C.155 when:

(1) the court sentences a person charged with committing or attempting to commit
a felony offense and the person is convicted of that offense or of any offense arising
out of the same set of circumstances; or

(2) the juvenile court deleted text begin adjudicates a person a delinquent child who is petitioned for
committing or attempting to commit a felony offense and is adjudicated delinquent for
that offense or any offense arising out of the same set of circumstances deleted text end new text begin finds that a child
who was petitioned for committing or attempting to commit a felony offense did commit
that offense or any offense arising out of the same set of circumstances new text end .

The biological specimen or the results of the analysis shall be maintained by the Bureau of
Criminal Apprehension as provided in section 299C.155.

Sec. 9.

Minnesota Statutes 2009 Supplement, section 624.713, subdivision 1, is
amended to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to
possess a pistol or semiautomatic military-style assault weapon or, except for clause (1),
any other firearm:

(1) a person under the age of 18 years except that a person under 18 may carry or
possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence
or under the direct supervision of the person's parent or guardian, (ii) for the purpose
of military drill under the auspices of a legally recognized military organization and
under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of
natural resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of,
or adjudicated delinquent new text begin or received a stay of adjudication of delinquency new text end or convicted
as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime
of violence. For purposes of this section, crime of violence includes crimes in other
states or jurisdictions which would have been crimes of violence as herein defined if they
had been committed in this state;

(3) a person who is or has ever been committed in Minnesota or elsewhere by
a judicial determination that the person is mentally ill, developmentally disabled, or
mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
facility, or who has ever been found incompetent to stand trial or not guilty by reason of
mental illness, unless the person's ability to possess a firearm has been restored under
subdivision 4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the
date of conviction and, during that time, the person has not been convicted of any other
such violation of chapter 152 or a similar law of another state; or a person who is or has
ever been committed by a judicial determination for treatment for the habitual use of a
controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
person's ability to possess a firearm has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or
elsewhere by a judicial determination that the person is chemically dependent as defined
in section 253B.02, unless the person has completed treatment or the person's ability to
possess a firearm has been restored under subdivision 4. Property rights may not be abated
but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to
section 253B.04 for chemical dependency, unless the officer possesses a certificate from
the head of the treatment facility discharging or provisionally discharging the officer from
the treatment facility. Property rights may not be abated but access may be restricted
by the courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who
has been charged with committing a crime of violence and has been placed in a pretrial
diversion program by the court before disposition, until the person has completed the
diversion program and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision
3, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of section 609.224, subdivision 3, or
609.2242, subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family
or household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm for the
period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a
term exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid
prosecution for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
the public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under
dishonorable conditions; or

(vii) has renounced the person's citizenship having been a citizen of the United
States; or

(11) a person who has been convicted of the following offenses at the gross
misdemeanor level, unless three years have elapsed since the date of conviction and,
during that time, the person has not been convicted of any other violation of these sections:
section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision
4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or
endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665
(setting a spring gun); 609.71 (riot); or 609.749 (harassment and stalking). For purposes
of this paragraph, the specified gross misdemeanor convictions include crimes committed
in other states or jurisdictions which would have been gross misdemeanors if conviction
occurred in this state.

A person who issues a certificate pursuant to this section in good faith is not liable
for damages resulting or arising from the actions or misconduct with a firearm committed
by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively
to persons who are prohibited from possessing a pistol or semiautomatic military-style
assault weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
for persons convicted or adjudicated delinquent new text begin or received a stay of adjudication of
delinquency new text end of a crime of violence in clause (2), applies only to offenders who are
discharged from sentence or court supervision for a crime of violence on or after August
1, 1993.

For purposes of this section, "judicial determination" means a court proceeding
pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

Sec. 10.

Minnesota Statutes 2008, section 624.713, subdivision 3, is amended to read:

Subd. 3.

Notice.

(a) When a person is convicted of, or adjudicated delinquent new text begin ,
received a stay of adjudication of delinquency, new text end or convicted as an extended jurisdiction
juvenile for committing, a crime of violence as defined in section 624.712, subdivision 5,
the court shall inform the defendant that the defendant is prohibited from possessing a
pistol or semiautomatic military-style assault weapon for the remainder of the person's
lifetime, and that it is a felony offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the applicability of the pistol
or semiautomatic military-style assault weapon possession prohibition or the felony
penalty to that defendant.

(b) When a person, including a person under the jurisdiction of the juvenile court, is
charged with committing a crime of violence and is placed in a pretrial diversion program
by the court before disposition, the court shall inform the defendant that: (1) the defendant
is prohibited from possessing a pistol or semiautomatic military-style assault weapon
until the person has completed the diversion program and the charge of committing a
crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
prohibition; and (3) if the defendant violates this condition of participation in the diversion
program, the charge of committing a crime of violence may be prosecuted. The failure of
the court to provide this information to a defendant does not affect the applicability of the
pistol or semiautomatic military-style assault weapon possession prohibition or the gross
misdemeanor penalty to that defendant.