HF 3137

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 12:52pm

A bill for an act
relating to public safety; requiring chemical use screen of juvenile offenders;
amending Minnesota Statutes 2008, sections 260B.157, subdivision 1; 260B.176,
subdivision 2.

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

Section 1.

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 new text begin and a chemical use
screening new text end 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 new text begin a mental health new text end 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. new text begin If the
screening indicates a need for a chemical use assessment, the local social service agency,
in consultation with the child's family, shall have a chemical use assessment conducted, as
defined in section 254A.03, subdivision 3. new text end

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, 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. 2.

Minnesota Statutes 2008, section 260B.176, subdivision 2, is amended to read:

Subd. 2.

Reasons for detention.

(a) If the child is not released as provided in
subdivision 1, the person taking the child into custody shall notify the court as soon as
possible of the detention of the child and the reasons for detention.

(b) No child may be detained in a juvenile secure detention facility or shelter care
facility longer than 36 hours, excluding Saturdays, Sundays, and holidays, after being
taken into custody for a delinquent act as defined in section 260B.007, subdivision 6,
unless a petition has been filed and the judge or referee determines pursuant to section
260B.178 that the child shall remain in detention.

(c) No child may be detained in an adult jail or municipal lockup longer than 24
hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult
jail or municipal lockup in a standard metropolitan statistical area, after being taken into
custody for a delinquent act as defined in section 260B.007, subdivision 6, unless:

(1) a petition has been filed under section 260B.141; and

(2) a judge or referee has determined under section 260B.178 that the child shall
remain in detention.

After August 1, 1991, no child described in this paragraph may be detained in an
adult jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and
holidays, or longer than six hours in an adult jail or municipal lockup in a standard
metropolitan statistical area, unless the requirements of this paragraph have been met and,
in addition, a motion to refer the child for adult prosecution has been made under section
260B.125. Notwithstanding this paragraph, continued detention of a child in an adult
detention facility outside of a standard metropolitan statistical area county is permissible if:

(i) the facility in which the child is detained is located where conditions of distance
to be traveled or other ground transportation do not allow for court appearances within 24
hours. A delay not to exceed 48 hours may be made under this clause; or

(ii) the facility is located where conditions of safety exist. Time for an appearance
may be delayed until 24 hours after the time that conditions allow for reasonably safe
travel. "Conditions of safety" include adverse life-threatening weather conditions that do
not allow for reasonably safe travel.

The continued detention of a child under clause (i) or (ii) must be reported to the
commissioner of corrections.

(d) If a child described in paragraph (c) is to be detained in a jail beyond 24 hours,
excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance with
rules and procedures established by the commissioner of corrections, shall notify the
commissioner of the place of the detention and the reasons therefor. The commissioner
shall thereupon assist the court in the relocation of the child in an appropriate juvenile
secure detention facility or approved jail within the county or elsewhere in the state, or in
determining suitable alternatives. The commissioner shall direct that a child detained in a
jail be detained after eight days from and including the date of the original detention order
in an approved juvenile secure detention facility with the approval of the administrative
authority of the facility. If the court refers the matter to the prosecuting authority pursuant
to section 260B.125, notice to the commissioner shall not be required.

(e) When a child is detained for an alleged delinquent act in a state licensed juvenile
facility or program, or when a child is detained in an adult jail or municipal lockup as
provided in paragraph (c), the supervisor of the facility shall, if the child's parent or legal
guardian consents, have a children's mental health screening conducted with a screening
instrument approved by the commissioner of human services, unless a screening has been
performed within the previous 180 days or the child is currently under the care of a mental
health professional. The screening 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. The screening shall be conducted after the initial
detention hearing has been held and the court has ordered the child continued in detention.
The results of the screening may only be presented to the court at the dispositional phase
of the court proceedings on the matter unless the parent or legal guardian consents to
presentation at a different time. If the screening indicates a need for assessment, the
local social services agency or probation officer, with the approval of the child's parent
or legal guardian, shall have a diagnostic assessment conducted, including a functional
assessment, as defined in section 245.4871.

new text begin (f) When a child is detained for an alleged delinquent act in a state licensed juvenile
facility or program, or when a child is detained in an adult jail or municipal lockup as
provided in paragraph (c), the supervisor of the facility shall, if the child's parent or legal
guardian consents, have a chemical use screen conducted with a screening instrument
approved by the commissioner of human services, unless a screening has been performed
within the previous 180 days or the child is currently under the care of a licensed alcohol
and drug counselor. The screening 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. The screening shall be conducted after the initial detention
hearing has been held and the court has ordered the child continued in detention.
new text end