HF 2846

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 04:30pm

A bill for an act
relating to public safety; requiring money in the automobile theft prevention special
revenue account to be used for pretrial diversion programs for youth; establishing
a motor vehicle theft intervention pilot program; providing for expiration of the
motor vehicle theft intervention pilot program; requiring a report; amending
Minnesota Statutes 2020, section 65B.84, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 65B.84, subdivision 1, is amended to read:

Subdivision 1.

Program described; commissioner's duties; appropriation.

(a) The
commissioner of commerce shall:

(1) develop and sponsor the implementation of statewide plans, programs, and strategies
to combat automobile theft, improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for those persons dealing with
automobile theft;

(2) coordinate the development, adoption, and implementation of plans, programs, and
strategies relating to interagency and intergovernmental cooperation with respect to
automobile theft enforcement;

(3) annually audit the plans and programs that have been funded in whole or in part to
evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need of
further financial support from the fund;

(4) develop a plan of operation including:

(i) an assessment of the scope of the problem of automobile theft, including areas of the
state where the problem is greatest;

(ii) an analysis of various methods of combating the problem of automobile theft;

(iii) a plan for providing financial support to combat automobile theft;

(iv) a plan for eliminating car hijacking; and

(v) an estimate of the funds required to implement the plan; and

(5) distribute money, in consultation with the commissioner of public safety, pursuant
to subdivision 3 from the automobile theft prevention special revenue account for automobile
theft prevention activities, including:

(i) paying the administrative costs of the program;

(ii) providing financial support to the State Patrol and local law enforcement agencies
for automobile theft enforcement teams;

(iii) providing financial support to state or local law enforcement agencies for programs
designed to reduce the incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;

(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;

(v) providing financial support to judicial agencies for programs designed to reduce the
incidence of automobile theft;

(vi) providing financial support for neighborhood or community organizations or business
organizations for programs designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the models of automobiles
most likely to be stolen, and the times and places automobile theft is most likely to occur;
and

(vii) providing financial support for automobile theft educational and training programs
for state and local law enforcement officials, driver and vehicle services exam and inspections
staff, and members of the judiciary.

(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the transfer of $1,300,000
each year to the insurance fraud prevention account described in section 297I.11, subdivision
2.

new text begin (c) At least 15 percent of the balance of the proceeds credited to the automobile theft
prevention special revenue account each year less the transfer of $1,300,000 to the insurance
fraud prevention account must be distributed to offices, agencies, or organizations that
operate pretrial diversion programs for youth designed to reduce recidivism in juveniles
alleged to have committed a violation of section 609.52, subdivision 2, paragraph (a), clause
(17) (theft of motor vehicle), or 609.546 (motor vehicle tampering).
new text end

deleted text begin (c) deleted text end new text begin (d) new text end At the end of each fiscal year, the commissioner may transfer any unobligated
balances in the auto theft prevention account to the insurance fraud prevention account
under section 45.0135, subdivision 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2. new text begin MOTOR VEHICLE THEFT INTERVENTION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Juvenile" means an individual who is at least ten and no more than 18 years of age.
new text end

new text begin (c) "Motor vehicle" has the meaning given in Minnesota Statutes, section 609.52,
subdivision 1, clause (10).
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin Any city or county may establish a motor vehicle theft
intervention program to detain and divert juveniles suspected of committing acts that would
constitute a violation of Minnesota Statutes, section 609.52, subdivision 2, paragraph (a),
clause (17) (theft of motor vehicle), or 609.546 (motor vehicle tampering). The program
may not accept juveniles suspected of committing acts that would constitute a violation of
Minnesota Statutes, section 609.24 (simple robbery), or 609.245 (aggravated robbery).
new text end

new text begin Subd. 3. new text end

new text begin Purpose; eligibility for funding. new text end

new text begin (a) A motor vehicle theft intervention program
must interrupt patterns of motor vehicle theft by effectively supervising program participants,
connecting program participants and families of the participants to appropriate services,
directing program participants to prosocial activities, and providing an opportunity to avoid
a delinquency adjudication.
new text end

new text begin (b) Motor vehicle theft intervention programs that meet the requirements of this section
are eligible for funding under Minnesota Statutes, section 65B.84.
new text end

new text begin Subd. 4. new text end

new text begin Contract. new text end

new text begin Notwithstanding any law or ordinance to the contrary, a city or
county may contract with a third party to create and administer the motor vehicle theft
intervention program.
new text end

new text begin Subd. 5. new text end

new text begin Detention of juveniles; hearing. new text end

new text begin (a) Notwithstanding Minnesota Statutes,
section 260B.175, or any other law or rule, a peace officer in a city or county with a motor
vehicle theft intervention program shall take a juvenile into custody without a warrant if
the peace officer has probable cause to believe that within the preceding 72 hours, exclusive
of the day probable cause was established, the juvenile has committed an act that would
constitute a violation of Minnesota Statutes, section 609.52, subdivision 2, paragraph (a),
clause (17) (theft of motor vehicle), or 609.546 (motor vehicle tampering). The juvenile
may be taken into custody even though the act did not take place in the presence of the
peace officer. A peace officer acting in good faith and exercising due care in detaining a
juvenile pursuant to this subdivision is immune from civil liability that might result from
the officer's action.
new text end

new text begin (b) If a juvenile is taken into custody as provided in paragraph (a), the parent, guardian,
or custodian of the juvenile shall be notified as soon as possible. Notwithstanding Minnesota
Statutes, section 260B.176, or any other law or rule, the juvenile shall not be released from
custody unless the juvenile is placed on electronic home monitoring. A juvenile placed on
electronic home monitoring pursuant to this section shall not be charged an electronic home
monitoring fee.
new text end

new text begin (c) The court shall hold a detention hearing for a juvenile taken into custody under this
section:
new text end

new text begin (1) within 24 hours of the time the juvenile was taken into custody, excluding Saturdays,
Sundays, and holidays, if the juvenile is being held at an adult jail or municipal lockup;
new text end

new text begin (2) within 36 hours of the time the juvenile was taken into custody, excluding Saturdays,
Sundays, and holidays, if the juvenile is being held at a juvenile secure detention facility
or shelter care facility; or
new text end

new text begin (3) within 72 hours of the time the juvenile was taken into custody, excluding Saturdays,
Sundays, and holidays, if the juvenile is on electronic home monitoring.
new text end

new text begin (d) At the detention hearing held pursuant to this subdivision, the court shall determine
whether to refer the juvenile to the diversion program described in subdivision 6. If the
court refers the juvenile to the diversion program, the court shall place the delinquency
proceedings on hold and release the juvenile to the custody of a parent, guardian, custodian,
or other suitable person, subject to the requirement that the juvenile participate in the
diversion program. If the court does not refer the juvenile to the diversion program, the
court shall proceed pursuant to Minnesota Statutes, section 260B.178.
new text end

new text begin Subd. 6. new text end

new text begin Diversion of juveniles; assessment. new text end

new text begin (a) When a juvenile is taken into custody
pursuant to subdivision 4, the juvenile shall be screened for eligibility to participate in the
diversion component of the motor vehicle theft intervention program. Screening must be
completed before the detention hearing held pursuant to subdivision 4, paragraph (c).
new text end

new text begin (b) The assessment must use an objective tool to determine the likelihood of success in
the diversion program. The assessment must include a review of the juvenile's prior and
pending adjudications and any prior failures to appear for court.
new text end

new text begin (c) A juvenile is not eligible for diversion if there is reason to believe that the juvenile
would endanger self or others, not return for a court hearing, run away from the juvenile's
parent, guardian, or custodian or otherwise not remain in the care or control of the person
to whose lawful custody the juvenile is released or that the juvenile's health or welfare would
be immediately endangered by participation in the diversion program.
new text end

new text begin Subd. 7. new text end

new text begin Diversion of juveniles; program components. new text end

new text begin (a) The diversion component
of the motor vehicle theft intervention program must be developed with input from
communities affected by motor vehicle theft and must provide culturally competent services
that reflect the demographic makeup of juveniles most frequently adjudicated delinquent
for violations of Minnesota Statutes, section 609.52, subdivision 2, paragraph (a), clause
(17) (theft of motor vehicle), or 609.546 (motor vehicle tampering).
new text end

new text begin (b) The diversion program must last at least three months and must be structured to
provide multiphased supervision. Supervision must begin with a period of intensive review
lasting at least 30 days from the date the juvenile is referred to the diversion program. During
the period of intensive review:
new text end

new text begin (1) the juvenile must attend at least one in-person meeting each week;
new text end

new text begin (2) a representative from the county human services department must meet with the
juvenile and the juvenile's parent, guardian, custodian, or other suitable person responsible
for the custody of the juvenile; and
new text end

new text begin (3) the juvenile must complete any mental health, chemical dependency, or other needs
assessment deemed to be appropriate.
new text end

new text begin (c) The diversion program must require the juvenile to attend school, obtain or maintain
employment, or both.
new text end

new text begin Subd. 8. new text end

new text begin Termination of participation in diversion program. new text end

new text begin (a) A juvenile who
successfully participates in the diversion program for a period of six months or successfully
meets all benchmarks established by the program shall be considered to have completed
the program. Upon successful completion, any proceedings against the juvenile arising out
of the incident for which the juvenile was granted diversion shall be dismissed. The program
shall establish and communicate the requirements for successful participation. At a minimum,
successful participation must include remaining law abiding; attending school, work, or
both; meeting with any counselor or supervising agent as required; and attending any required
in-person meetings unless excused.
new text end

new text begin (b) A juvenile who does not successfully participate in the diversion program may be
terminated from the program at any time. Upon termination, the court shall reinstate the
delinquency proceedings.
new text end

new text begin Subd. 9. new text end

new text begin Report. new text end

new text begin (a) By January 15, 2024, any city or county that establishes a motor
vehicle theft intervention program shall report to the commissioner of public safety on:
new text end

new text begin (1) the number of juveniles accepted into the diversion component of the program;
new text end

new text begin (2) the number of juveniles who successfully completed diversion;
new text end

new text begin (3) the number of juveniles who did not successfully complete diversion and whether
those individuals are still participating or have been terminated;
new text end

new text begin (4) the recidivism rates for participants who completed diversion;
new text end

new text begin (5) the number of participants who committed a new offense while participating in
diversion;
new text end

new text begin (6) a description of the services provided to juveniles in the program; and
new text end

new text begin (7) the number of motor vehicles reported stolen in the 12 months before the program
began and the number reported stolen while the program was in operation.
new text end

new text begin (b) By February 15, 2024, the commissioner of public safety shall compile the reports
received under paragraph (a) and provide them to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with jurisdiction over
public safety finance and policy.
new text end

new text begin Subd. 10. new text end

new text begin Sunset. new text end

new text begin The pilot project under this section expires June 30, 2024.
new text end