HF 3480

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 04:32pm

A bill for an act
relating to delinquency; extending the jurisdiction of the juvenile courts to
individuals under age 21; including individuals aged 16 to 20 who are alleged to
have committed murder in the first degree in the definition of delinquent child;
eliminating the presumption that certain individuals will be certified as adults;
amending the public safety factors a court must consider before ordering that a
case charge in juvenile court be certified for trial in adult court; removing the
ability of a prosecutor to designate a proceeding as an extended jurisdiction juvenile
procedure; extending the jurisdiction of the juvenile court over individuals
adjudicated delinquent in extended jurisdiction juvenile proceedings to age 24;
limiting the period of supervision over juveniles adjudicated to be delinquent;
making certain technical and conforming changes; amending Minnesota Statutes
2022, sections 260B.007, subdivisions 3, 6, 16; 260B.101, subdivision 1; 260B.103,
subdivisions 1, 2, 3; 260B.125, subdivisions 1, 2, 4, 5, 6, 8; 260B.130, subdivisions
1, 4, 5; 260B.141, subdivision 4; 260B.163, subdivisions 1, 6, 7, 8, 9; 260B.193,
subdivisions 1, 5; 260B.198, subdivisions 7, 9; 260B.255, subdivision 1; 260B.331,
subdivision 4; 260B.415, subdivision 1; 609.055, subdivision 2; Minnesota Statutes
2023 Supplement, sections 260B.157, subdivision 1; 260B.171, subdivision 5;
repealing Minnesota Statutes 2022, sections 260B.101, subdivision 2; 260B.125,
subdivisions 3, 10; 260B.130, subdivision 6.

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

Section 1.

Minnesota Statutes 2022, section 260B.007, subdivision 3, is amended to read:

Subd. 3.

Child.

"Child" means an individual under deleted text begin 18 deleted text end new text begin 21 new text end years of age and includes any
minor alleged to have been delinquent or a juvenile traffic offender prior to having become
deleted text begin 18 deleted text end new text begin 21 new text end years of age.

Sec. 2.

Minnesota Statutes 2022, section 260B.007, subdivision 6, is amended to read:

Subd. 6.

Delinquent child.

(a) Except as otherwise provided in paragraphs (b) and (c),
"delinquent child" means a child:

(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;

(2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult;

(3) who has escaped from confinement to a state juvenile correctional facility after being
committed to the custody of the commissioner of corrections; or

(4) who has escaped from confinement to a local juvenile correctional facility after being
committed to the facility by the court.

deleted text begin (b) The term delinquent child does not include a child alleged to have committed murder
in the first degree after becoming 16 years of age, but the term delinquent child does include
a child alleged to have committed attempted murder in the first degree.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The term delinquent child does not include a child alleged to have engaged in
conduct which would, if committed by an adult, violate any federal, state, or local law
relating to being hired, offering to be hired, or agreeing to be hired by another individual
to engage in sexual penetration or sexual conduct.

Sec. 3.

Minnesota Statutes 2022, section 260B.007, subdivision 16, is amended to read:

Subd. 16.

Juvenile petty offender; juvenile petty offense.

(a) "Juvenile petty offense"
includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of
section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct
by a child under the age of deleted text begin 18 deleted text end new text begin 21 new text end years which would be lawful conduct if committed by an
adult.

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes
an offense that would be a misdemeanor if committed by an adult.

(c) "Juvenile petty offense" does not include any of the following:

(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or
617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;

(3) a misdemeanor-level offense committed by a child whom the juvenile court previously
has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court has
found to have committed a misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on the petition as a juvenile petty
offender notwithstanding this prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile
petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
term juvenile petty offender does not include a child alleged to have violated any law relating
to being hired, offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct which, if committed by an adult, would be a
misdemeanor.

Sec. 4.

Minnesota Statutes 2022, section 260B.101, subdivision 1, is amended to read:

Subdivision 1.

Children who are delinquent.

Except as provided in sections 260B.125
and 260B.225, the juvenile court has original and exclusive jurisdiction in proceedings
concerning any child who is alleged to be delinquent, a juvenile traffic offender, a juvenile
petty offender, and in proceedings concerning any deleted text begin minor deleted text end new text begin person new text end alleged to have been a
delinquent, a juvenile petty offender, or a juvenile traffic offender prior to having become
deleted text begin 18 deleted text end new text begin 21 new text end years of age. The juvenile court shall deal with such a deleted text begin minor deleted text end new text begin person new text end as it deals with
any other child who is alleged to be delinquent or a juvenile traffic offender.

Sec. 5.

Minnesota Statutes 2022, section 260B.103, subdivision 1, is amended to read:

Subdivision 1.

Transfers required.

Except where a juvenile court has certified an
alleged violation in accordance with the provisions of section 260B.125 deleted text begin , the child is alleged
to have committed murder in the first degree after becoming 16 years of age, deleted text end or a court has
original jurisdiction of a child who has committed an adult court traffic offense, as defined
in section 260B.225, subdivision 1, paragraph (c), a court other than a juvenile court shall
immediately transfer to the juvenile court of the county the case of a deleted text begin minor deleted text end new text begin person new text end who
appears before the court on a charge of violating any state or local law or ordinance and
who is under deleted text begin 18 deleted text end new text begin 21 new text end years of age or who was under deleted text begin 18 deleted text end new text begin 21 new text end years of age at the time of the
commission of the alleged offense.

Sec. 6.

Minnesota Statutes 2022, section 260B.103, subdivision 2, is amended to read:

Subd. 2.

Certificate.

The court transfers the case by filing with the judge or court
administrator of juvenile court a certificate showing the name, age, and residence of the
deleted text begin minor deleted text end new text begin person new text end , the names and addresses of the deleted text begin minor's deleted text end new text begin person's new text end parent or guardian, if new text begin the
person is a minor and the names and addresses are new text end known, and the reasons for appearance
in court, together with all the papers, documents, and testimony connected therewith. The
certificate has the effect of a petition filed in the juvenile court, unless the judge of the
juvenile court directs the filing of a new petition, which shall supersede the certificate of
transfer.

Sec. 7.

Minnesota Statutes 2022, section 260B.103, subdivision 3, is amended to read:

Subd. 3.

Order to be taken.

The transferring court shall order the deleted text begin minor deleted text end new text begin person new text end to be
taken immediately to the juvenile court and in no event shall detain the deleted text begin minor deleted text end new text begin person new text end for
longer than 48 hours after the appearance of the minor in the transferring court. The
transferring court may release the deleted text begin minor deleted text end new text begin person new text end to the custody of a parent, guardian,
custodian, or other person designated by the court on the condition that the deleted text begin minor deleted text end new text begin person new text end
will appear in juvenile court as directed. The transferring court may require the person given
custody of the deleted text begin minor deleted text end new text begin person being released new text end to post such bail or bond as may be approved
by the court which shall be forfeited to the juvenile court if the deleted text begin minor deleted text end new text begin person being released new text end
does not appear as directed. The transferring court may also release the deleted text begin minor deleted text end new text begin person new text end on
the deleted text begin minor's deleted text end new text begin person's new text end own promise to appear in juvenile court.

Sec. 8.

Minnesota Statutes 2022, section 260B.125, subdivision 1, is amended to read:

Subdivision 1.

Order.

When a child is alleged to have committed, after becoming deleted text begin 14 deleted text end new text begin
16 new text end years of age, an offense that would be a felony if committed by an adult, the juvenile
court may enter an order certifying the proceeding for action under the laws and court
procedures controlling adult criminal violations.

Sec. 9.

Minnesota Statutes 2022, section 260B.125, subdivision 2, is amended to read:

Subd. 2.

Order of certification; requirements.

Except as provided in subdivision 5 or
6, the juvenile court may order a certification only if:

(1) a petition has been filed in accordance with the provisions of section 260B.141;

(2) a motion for certification has been filed by the prosecuting authority;

(3) notice has been given in accordance with the provisions of sections 260B.151 and
260B.152;

(4) a hearing has been held in accordance with the provisions of section 260B.163 within
30 days of the filing of the certification motion, unless good cause is shown by the
prosecution or the child as to why the hearing should not be held within this period in which
case the hearing shall be held within 90 days of the filing of the motion;

(5) the court finds that there is probable cause, as defined by the Rules of Criminal
Procedure promulgated pursuant to section 480.059, to believe the child committed the
offense alleged by delinquency petition; and

(6) the court finds deleted text begin either:
deleted text end

deleted text begin (i) that the presumption of certification created by subdivision 3 applies and the child
has not rebutted the presumption by clear and convincing evidence demonstrating that
retaining the proceeding in the juvenile court serves public safety; or
deleted text end

deleted text begin (ii) deleted text end that deleted text begin the presumption of certification does not apply and deleted text end the prosecuting authority
has demonstrated by clear and convincing evidence that retaining the proceeding in the
juvenile court does not serve public safety. If the court finds that the prosecutor has not
demonstrated by clear and convincing evidence that retaining the proceeding in juvenile
court does not serve public safety, the court shall retain the proceeding in juvenile court.

Sec. 10.

Minnesota Statutes 2022, 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:

deleted text begin (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;
deleted text end

new text begin (1) the degree of criminal sophistication exhibited by the child as demonstrated by any
relevant information, including but not limited to:
new text end

new text begin (i) the child's age, maturity, intellectual capacity, and physical, mental, and emotional
health at the time of the alleged offense;
new text end

new text begin (ii) scientific evidence related to brain development, the child's impetuosity or failure
to appreciate risks and consequences of criminal behavior;
new text end

new text begin (iii) the effect of familial, adult, or peer pressure on the child's actions; and
new text end

new text begin (iv) the effect of the child's family and community environment and childhood trauma
on the child's criminal sophistication;
new text end

deleted text begin (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;
deleted text end

new text begin (2) whether the child can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction as demonstrated by any relevant information, including but not limited to:
new text end

new text begin (i) scientific evidence related to brain development;
new text end

new text begin (ii) the child's potential to grow and mature; and
new text end

new text begin (iii) whether or not the child can benefit from the treatment or rehabilitative programs
available to the juvenile court;
new text end

(3) the child's deleted text begin prior record of delinquency; deleted text end new text begin previous delinquent history as demonstrated
by any relevant information, including but not limited to:
new text end

new text begin (i) the seriousness of the child's previous delinquent history; and
new text end

new text begin (ii) the effect of the child's family and community environment and childhood trauma
on the child's previous delinquent behavior;
new text end

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

new text begin (4) success of previous attempts by the juvenile court to rehabilitate the child as
demonstrated by any relevant information, including but not limited to:
new text end

new text begin (i) the adequacy of the services previously provided to address the child's needs;
new text end

new text begin (ii) the cultural competency of the services previously provided; and
new text end

new text begin (iii) the efficacy of those services with similarly situated youth; and
new text end

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

new text begin (5) the circumstances and gravity of the offense alleged in the petition to have been
committed by the child as demonstrated by any relevant information, including but not
limited to:
new text end

new text begin (i) the actual behavior of the child;
new text end

new text begin (ii) the mental state of the child;
new text end

new text begin (iii) the child's degree of involvement in the crime;
new text end

new text begin (iv) the level of harm actually caused by the child; and
new text end

new text begin (v) the child's mental and emotional development.
new text end

deleted text begin (6) the dispositional options available for the child.
deleted text end

deleted text begin 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 than to the other factors listed
in this subdivision.
deleted text end

Sec. 11.

Minnesota Statutes 2022, section 260B.125, subdivision 5, is amended to read:

Subd. 5.

Prior certification; exception.

Notwithstanding the provisions of subdivisions
2 deleted text begin , 3, deleted text end and 4, the court shall order a certification in any felony case if the prosecutor shows
that the child has been previously prosecuted on a felony charge by an order of certification
issued pursuant to either a hearing held under subdivision 2 or pursuant to the waiver of the
right to such a hearing, other than a prior certification in the same case.

This subdivision only applies if the child is convicted of the offense or offenses for
which the child was prosecuted pursuant to the order of certification or of a lesser-included
offense which is a felony.

This subdivision does not apply to juvenile offenders who are subject to criminal court
jurisdiction under section 609.055.

Sec. 12.

Minnesota Statutes 2022, section 260B.125, subdivision 6, is amended to read:

Subd. 6.

Adult charged with juvenile offense.

The juvenile court has jurisdiction to
hold a certification hearing on motion of the prosecuting authority to certify the matter if:

(1) an adult is alleged to have committed an offense before the adult's deleted text begin 18th deleted text end new text begin 21st new text end birthday;
and

(2) a petition is filed under section 260B.141 before expiration of the time for filing
under section 628.26.

The court may not certify the matter under this subdivision if the adult demonstrates that
the delay was purposefully caused by the state in order to gain an unfair advantage.

Sec. 13.

Minnesota Statutes 2022, section 260B.125, subdivision 8, is amended to read:

Subd. 8.

Written findings; options.

(a) The court shall decide whether to order
certification within 15 days after the certification hearing was completed, unless additional
time is needed, in which case the court may extend the period up to another 15 days. If the
juvenile court orders certification, and the presumption described in subdivision 3 does not
apply, the order shall contain in writing, findings of fact and conclusions of law as to why
public safety is not served by retaining the proceeding in the juvenile court. A child certified
under this paragraph may be detained pending the outcome of criminal proceedings in a
secure juvenile detention facility.

(b) If the juvenile court, after a hearing conducted pursuant to subdivision 2, decides
not to order certification, the decision shall contain, in writing, findings of fact and
conclusions of law as to why certification is not ordered. deleted text begin If the juvenile court decides not
to order certification in a case in which the presumption described in subdivision 3 applies,
the court shall designate the proceeding an extended jurisdiction juvenile prosecution and
include in its decision written findings of fact and conclusions of law as to why the retention
of the proceeding in juvenile court serves public safety, with specific reference to the factors
listed in subdivision 4. deleted text end If the court decides not to order certification deleted text begin in a case in which the
presumption described in subdivision 3 does not apply deleted text end , the court may designate the
proceeding an extended jurisdiction juvenile prosecution, pursuant to the hearing process
described in section 260B.130, subdivision 2.

Sec. 14.

Minnesota Statutes 2022, section 260B.130, subdivision 1, is amended to read:

Subdivision 1.

Designation.

A proceeding involving a child alleged to have committed
a felony offense is an extended jurisdiction juvenile prosecution if:

(1) the child was deleted text begin 14 deleted text end new text begin 16 new text end to deleted text begin 17 deleted text end new text begin 20 new text end years old at the time of the alleged offense, a certification
hearing was held, and the court designated the proceeding an extended jurisdiction juvenile
prosecution; new text begin or
new text end

deleted text begin (2) the child was 16 or 17 years old at the time of the alleged offense; the child is alleged
to have committed an offense for which the Sentencing Guidelines and applicable statutes
presume a commitment to prison or to have committed any felony in which the child allegedly
used a firearm; and the prosecutor designated in the delinquency petition that the proceeding
is an extended jurisdiction juvenile prosecution; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the child was deleted text begin 14 deleted text end new text begin 16 new text end to deleted text begin 17 deleted text end new text begin 20 new text end years old at the time of the alleged offense, new text begin the child
is alleged to have committed an offense for which the Sentencing Guidelines and applicable
statutes presume a commitment to prison or to have committed any felony in which the
child allegedly used a firearm, new text end the prosecutor requested that the proceeding be designated
an extended jurisdiction juvenile prosecution, a hearing was held on the issue of designation,
and the court designated the proceeding an extended jurisdiction juvenile prosecution.

Sec. 15.

Minnesota Statutes 2022, section 260B.130, subdivision 4, is amended to read:

Subd. 4.

Disposition.

deleted text begin (a) deleted text end If an extended jurisdiction juvenile prosecution results in a
guilty plea or finding of guilt, the court deleted text begin shall deleted text end :

(1) new text begin shall new text end impose one or more juvenile dispositions under section 260B.198; and

(2) new text begin may new text end impose an adult criminal sentence, the execution of which shall be stayed on
the condition that the offender not violate the provisions of the disposition order and not
commit a new new text begin eligible new text end offense new text begin as described in subdivision 1 new text end .

deleted text begin (b) If a child prosecuted as an extended jurisdiction juvenile after designation by the
prosecutor in the delinquency petition is convicted of an offense after trial that is not an
offense described in subdivision 1, clause (2), the court shall adjudicate the child delinquent
and order a disposition under section 260B.198. If the extended jurisdiction juvenile
proceeding results in a guilty plea for an offense not described in subdivision 1, clause (2),
the court may impose a disposition under paragraph (a) if the child consents.
deleted text end

Sec. 16.

Minnesota Statutes 2022, section 260B.130, subdivision 5, is amended to read:

Subd. 5.

Execution of adult sentence.

(a) When it appears that a person convicted as
an extended jurisdiction juvenile has violated the conditions of the stayed sentence, or is
alleged to have committed a new offense, the court may, without notice, revoke the stay
and probation and direct that the offender be taken into immediate custody. The court shall
notify the offender in writing of the reasons alleged to exist for revocation of the stay of
execution of the adult sentence. If the offender challenges the reasons, the court shall hold
a summary hearing on the issue at which the offender is entitled to be heard and represented
by counsel.

(b) If a person described in paragraph (a) is taken into custody, the person may be
detained in a secure juvenile detention facility. If there is no secure juvenile detention facility
or existing acceptable detention alternative available for juveniles within the county, the
child may be detained up to 24 hours, excluding Saturdays, Sundays, and holidays, or for
up to six hours in a standard metropolitan statistical area, in a jail, lockup, or other facility
used for the confinement of adults who have been charged with or convicted of a crime. In
this instance, the person must be confined in quarters separate from any adult confined in
the facility that allow for complete sight and sound separation for all activities during the
period of the detention, and the adult facility must be approved for the detention of juveniles
by the commissioner of corrections.

If the person is 18 years of age or older and is to be detained prior to the revocation
hearing, the person may be detained in a local adult correctional facility without the need
for sight and sound separation.

(c) After the hearing, if the court finds that reasons exist to revoke the stay of execution
of sentence, the court shall treat the offender as an adult and order any of the adult sanctions
authorized by section 609.14, subdivision 3 deleted text begin , except that no credit shall be given for time
served in juvenile facility custody prior to a summary hearing deleted text end . If the offender was convicted
of an offense described in subdivision 1, clause (2), and the court finds that reasons exist
to revoke the stay, the court must order execution of the previously imposed sentence unless
the court makes written findings regarding the mitigating factors that justify continuing the
stay.

(d) Upon revocation, the offender's extended jurisdiction status is terminated and juvenile
court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction, other than
commitment to the commissioner of corrections, is with the adult court.

Sec. 17.

Minnesota Statutes 2022, section 260B.141, subdivision 4, is amended to read:

Subd. 4.

Delinquency petition; extended jurisdiction juvenile.

deleted text begin When a prosecutor
files a delinquency petition alleging that a child committed a felony offense for which there
is a presumptive commitment to prison according to the Sentencing Guidelines and applicable
statutes or in which the child used a firearm, after reaching the age of 16 years, the prosecutor
shall indicate in the petition whether the prosecutor designates the proceeding an extended
jurisdiction juvenile prosecution. deleted text end When a prosecutor files a delinquency petition alleging
that a child aged deleted text begin 14 deleted text end new text begin 16 new text end to deleted text begin 17 deleted text end new text begin 20 new text end years committed a felony offense new text begin for which the Sentencing
Guidelines and applicable statutes presume a commitment to prison or to have committed
any felony in which the child allegedly used a firearm new text end , the prosecutor may request that the
court designate the proceeding an extended jurisdiction juvenile prosecution.

Sec. 18.

Minnesota Statutes 2023 Supplement, 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 deleted text begin minor deleted text end new text begin child new text end coming within the jurisdiction of the court under section 260B.101 and
shall report its findings to the court. The court may order any deleted text begin minor deleted text end new text begin child new text end 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 must comply with section 245G.11,
subdivisions 1 and 5, and the assessment criteria must comply with section 245G.05. If
funds under chapter 254B are to be used to pay for the recommended treatment, the
assessment must comply with all provisions of sections 245G.05 and 254B.04. 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 deleted text begin minor deleted text end new text begin person new text end 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. 19.

Minnesota Statutes 2022, section 260B.163, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) Except for hearings arising under section 260B.425, hearings
on any matter shall be without a jury and may be conducted in an informal manner, except
that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury
trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591
and the law of evidence shall apply in adjudicatory proceedings involving a child alleged
to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings
conducted pursuant to section 260B.125 except to the extent that the rules themselves provide
that they do not apply.

(b) When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the deleted text begin minor deleted text end new text begin child new text end in accordance
with the provisions of sections 260B.001 to 260B.421.

(c) Except as otherwise provided in this paragraph, the court shall exclude the general
public from hearings under this chapter and shall admit only those persons who, in the
discretion of the court, have a direct interest in the case or in the work of the court. The
court shall permit the victim of a child's delinquent act to attend any related delinquency
proceeding, except that the court may exclude the victim:

(1) as a witness under the Rules of Criminal Procedure; and

(2) from portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public.

The court shall open the hearings to the public in delinquency or extended jurisdiction
juvenile proceedings where the child is alleged to have committed an offense or has been
proven to have committed an offense that would be a felony if committed by an adult and
the child was at least 16 years of age at the time of the offense, except that the court may
exclude the public from portions of a certification hearing to discuss psychological material
or other evidence that would not be accessible to the public in an adult proceeding.

(d) In all delinquency cases a person named in the charging clause of the petition as a
person directly damaged in person or property shall be entitled, upon request, to be notified
by the court administrator in writing, at the named person's last known address, of (1) the
date of the certification or adjudicatory hearings, and (2) the disposition of the case.

Sec. 20.

Minnesota Statutes 2022, section 260B.163, subdivision 6, is amended to read:

Subd. 6.

Guardian ad litem.

(a) The court shall appoint a guardian ad litem to protect
the interests of the minor new text begin child new text end when it appears, at any stage of the proceedings, that the
minor is without a parent or guardian, or that the minor's parent is a minor or incompetent,
or that the parent or guardian is indifferent or hostile to the minor's interests. In any other
case the court may appoint a guardian ad litem to protect the interests of the minor when
the court feels that such an appointment is desirable. The court shall appoint the guardian
ad litem on its own motion or in the manner provided for the appointment of a guardian ad
litem in the district court. The court may appoint separate counsel for the guardian ad litem
if necessary.

(b) A guardian ad litem shall carry out the following responsibilities:

(1) conduct an independent investigation to determine the facts relevant to the situation
of the child and the family, which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the child in the home setting
and considering the child's wishes, as appropriate; and interviewing parents, caregivers, and
others with knowledge relevant to the case;

(2) advocate for the child's best interests by participating in appropriate aspects of the
case and advocating for appropriate community services when necessary;

(3) maintain the confidentiality of information related to a case, with the exception of
sharing information as permitted by law to promote cooperative solutions that are in the
best interests of the child;

(4) monitor the child's best interests throughout the judicial proceeding; and

(5) present written reports on the child's best interests that include conclusions and
recommendations and the facts upon which they are based.

(c) The court may waive the appointment of a guardian ad litem pursuant to paragraph
(a), whenever counsel has been appointed pursuant to subdivision 2 or is retained otherwise,
and the court is satisfied that the interests of the minor are protected.

(d) In appointing a guardian ad litem pursuant to paragraph (a), the court shall not appoint
the party filing a petition pursuant to sections 260B.141 and 260C.141.

(e) The following factors shall be considered when appointing a guardian ad litem in a
case involving an Indian or minority child:

(1) whether a person is available who is the same racial or ethnic heritage as the child
or, if that is not possible;

(2) whether a person is available who knows and appreciates the child's racial or ethnic
heritage.

(f) The court shall require a background study for each guardian ad litem as provided
under section 518.165. The court shall have access to data collected pursuant to section
245C.32 for purposes of the background study.

Sec. 21.

Minnesota Statutes 2022, section 260B.163, subdivision 7, is amended to read:

Subd. 7.

Parent or guardian must accompany child at hearing.

The custodial parent
or guardian of a child who is new text begin a minor new text end alleged or found to be delinquent, or is prosecuted as
an extended jurisdiction juvenile, must accompany the new text begin minor new text end child at each hearing held
during the delinquency or extended jurisdiction juvenile proceedings, unless the court
excuses the parent or guardian from attendance for good cause shown. The failure of a
parent or guardian to comply with this duty may be punished as provided in section 260B.154.

Sec. 22.

Minnesota Statutes 2022, section 260B.163, subdivision 8, is amended to read:

Subd. 8.

Waiving the presence of child, parent.

Except in delinquency proceedings,
the court may waive the presence of the minor new text begin child new text end in court at any stage of the proceedings
when it is in the best interests of the minor to do so. In a delinquency proceeding, after the
child is found to be delinquent, the court may excuse the presence of the child from the
hearing when it is in the best interests of the child to do so. In any proceeding the court may
temporarily excuse the presence of the parent or guardian of a minor new text begin child new text end from the hearing
when it is in the best interests of the minor to do so. The attorney or guardian ad litem, if
any, has the right to continue to participate in proceedings during the absence of the minor,
parent, or guardian.

Sec. 23.

Minnesota Statutes 2022, section 260B.163, subdivision 9, is amended to read:

Subd. 9.

Rights of parties at hearing.

The deleted text begin minor deleted text end new text begin child new text end and deleted text begin the minor's deleted text end new text begin a minor child's new text end
parent, guardian, or custodian are entitled to be heard, to present evidence material to the
case, and to cross-examine witnesses appearing at the hearing.

Sec. 24.

Minnesota Statutes 2023 Supplement, section 260B.171, subdivision 5, is amended
to read:

Subd. 5.

Peace officer records of children.

(a) Except for records relating to an offense
where proceedings are public under section 260B.163, subdivision 1, peace officers' records
of children who are or may be delinquent or who may be engaged in criminal acts shall be
kept separate from records of persons deleted text begin 18 deleted text end new text begin 21 new text end years of age or older and are private data but
shall be disseminated: (1) by order of the juvenile court, (2) as required by section 121A.28,
(3) as authorized under section 13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an ongoing investigation, (5) to
the Minnesota crime victims reimbursement board as required by section 611A.56,
subdivision 2, clause (6), for the purpose of processing claims for crime victims
reimbursement, or (6) as otherwise provided in this subdivision. Except as provided in
paragraph (c), no photographs of a child taken into custody may be taken without the consent
of the juvenile court unless the child is alleged to have violated section 169A.20. Peace
officers' records containing data about children who are victims of crimes or witnesses to
crimes must be administered consistent with section 13.82, subdivisions 2, 3, 6, and 17.
Any person violating any of the provisions of this subdivision shall be guilty of a
misdemeanor.

In the case of computerized records maintained about juveniles by peace officers, the
requirement of this subdivision that records about juveniles must be kept separate from
adult records does not mean that a law enforcement agency must keep its records concerning
juveniles on a separate computer system. Law enforcement agencies may keep juvenile
records on the same computer as adult records and may use a common index to access both
juvenile and adult records so long as the agency has in place procedures that keep juvenile
records in a separate place in computer storage and that comply with the special data retention
and other requirements associated with protecting data on juveniles.

(b) Nothing in this subdivision prohibits the exchange of information by law enforcement
agencies if the exchanged information is pertinent and necessary for law enforcement
purposes.

(c) A photograph may be taken of a child taken into custody pursuant to section 260B.175,
subdivision 1, clause (b), provided that the photograph must be destroyed when the child
reaches the age of 19 years. The commissioner of corrections may photograph juveniles
whose legal custody is transferred to the commissioner. Photographs of juveniles authorized
by this paragraph may be used only for institution management purposes, case supervision
by parole agents, and to assist law enforcement agencies to apprehend juvenile offenders.
The commissioner shall maintain photographs of juveniles in the same manner as juvenile
court records and names under this section.

(d) Traffic investigation reports are open to inspection by a person who has sustained
physical harm or economic loss as a result of the traffic accident. Identifying information
on juveniles who are parties to traffic accidents may be disclosed as authorized under section
13.82, subdivision 6, and accident reports required under section 169.09 may be released
under section 169.09, subdivision 13, unless the information would identify a juvenile who
was taken into custody or who is suspected of committing an offense that would be a crime
if committed by an adult, or would associate a juvenile with the offense, and the offense is
not an adult court traffic offense under section 260B.225.

(e) The head of a law enforcement agency or a person specifically given the duty by the
head of the law enforcement agency shall notify the superintendent or chief administrative
officer of a juvenile's school of an incident occurring within the agency's jurisdiction if:

(1) the agency has probable cause to believe that the juvenile has committed an offense
that would be a crime if committed as an adult, that the victim of the offense is a student or
staff member of the school, and that notice to the school is reasonably necessary for the
protection of the victim; or

(2) the agency has probable cause to believe that the juvenile has committed an offense
described in subdivision 3, paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a student or staff member of the
school.

A law enforcement agency is not required to notify the school under this paragraph if
the agency determines that notice would jeopardize an ongoing investigation. For purposes
of this paragraph, "school" means a public or private elementary, middle, secondary, or
charter school.

(f) In any county in which the county attorney operates or authorizes the operation of a
juvenile prepetition or pretrial diversion program, a law enforcement agency or county
attorney's office may provide the juvenile diversion program with data concerning a juvenile
who is a participant in or is being considered for participation in the program.

(g) Upon request of a local social services agency, peace officer records of children who
are or may be delinquent or who may be engaged in criminal acts may be disseminated to
the agency to promote the best interests of the subject of the data.

(h) Upon written request, the prosecuting authority shall release investigative data
collected by a law enforcement agency to the victim of a criminal act or alleged criminal
act or to the victim's legal representative, except as otherwise provided by this paragraph.
Data shall not be released if:

(1) the release to the individual subject of the data would be prohibited under section
13.821; or

(2) the prosecuting authority reasonably believes:

(i) that the release of that data will interfere with the investigation; or

(ii) that the request is prompted by a desire on the part of the requester to engage in
unlawful activities.

Sec. 25.

Minnesota Statutes 2022, section 260B.193, subdivision 1, is amended to read:

Subdivision 1.

Dismissal of petition.

Whenever the court finds that the deleted text begin minor deleted text end new text begin person new text end
is not within the jurisdiction of the court or that the facts alleged in the petition have not
been proved, it shall dismiss the petition.

Sec. 26.

Minnesota Statutes 2022, section 260B.193, subdivision 5, is amended to read:

Subd. 5.

Termination of jurisdiction.

(a) The court may dismiss the petition or otherwise
terminate its jurisdiction on its own motion or on the motion or petition of any interested
party at any time. Unless terminated by the court, and except as otherwise provided in this
subdivision, the jurisdiction of the court deleted text begin shall deleted text end new text begin may new text end continue until the individual becomes
deleted text begin 19 deleted text end new text begin 21 new text end years of age if the court determines it is in the best interest of the individual to do so.

(b) The jurisdiction of the court over an extended jurisdiction juvenile, with respect to
the offense for which the individual was convicted as an extended jurisdiction juvenile,
deleted text begin extends deleted text end new text begin may extend new text end until the offender becomes deleted text begin 21 deleted text end new text begin 24 new text end years of age, unless the court terminates
jurisdiction before that date.

(c) The juvenile court has jurisdiction to designate the proceeding an extended jurisdiction
juvenile prosecution, to hold a certification hearing, or to conduct a trial, receive a plea, or
impose a disposition under section 260B.130, subdivision 4, if:

(1) an adult is alleged to have committed an offense before the adult's deleted text begin 18th deleted text end new text begin 21st new text end birthday;
and

(2) a petition is filed under section 260B.141 before expiration of the time for filing
under section 628.26 and before the adult's 21st birthday.

The juvenile court lacks jurisdiction under this paragraph if the adult demonstrates that the
delay was purposefully caused by the state in order to gain an unfair advantage.

(d) The district court has original and exclusive jurisdiction over a proceeding:

(1) that involves an adult who is alleged to have committed an offense before the adult's
deleted text begin 18th deleted text end new text begin 21st new text end birthday; and

(2) in which a criminal complaint is filed before expiration of the time for filing under
section 628.26 and after the adult's 21st birthday.

The juvenile court retains jurisdiction if the adult demonstrates that the delay in filing
a criminal complaint was purposefully caused by the state in order to gain an unfair
advantage.

deleted text begin (e) The juvenile court has jurisdiction over a person who has been adjudicated delinquent,
has been found to have committed a delinquent act, or has been charged by juvenile petition
until the person's 21st birthday if the person fails to appear at any juvenile court hearing or
fails to appear at or absconds from any placement under a juvenile court order. The juvenile
court has jurisdiction over a convicted extended jurisdiction juvenile who fails to appear at
any juvenile court hearing or fails to appear at or absconds from any placement under section
260B.130, subdivision 4. The juvenile court lacks jurisdiction under this paragraph if the
adult demonstrates that the delay was purposefully caused by the state in order to gain an
unfair advantage.
deleted text end

Sec. 27.

Minnesota Statutes 2022, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

(a) When it is in the best interests of the child to do so and not
inimical to public safety 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 continue the
case for a period not to exceed 180 days on any one order. The continuance may be extended
for one additional successive period not to exceed 180 days, but only with the consent of
the prosecutor and only after the court has reviewed the case and entered its order for the
additional continuance without a finding of delinquency. During a continuance the court
may enter an order in accordance with the provisions of subdivision 1, except clause (4),
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.

(b) A prosecutor may appeal a continuance ordered in contravention of this subdivision.
deleted text begin This subdivision does not extend the court's jurisdiction under section 260B.193 and does
not apply to an extended jurisdiction juvenile proceeding.
deleted text end

Sec. 28.

Minnesota Statutes 2022, section 260B.198, subdivision 9, is amended to read:

Subd. 9.

Orders for supervision.

All orders for supervision under subdivision 1, clause
(2), deleted text begin shall be for an indeterminate period, unless otherwise specified by the court, and deleted text end shall
be reviewed by the court at least annually. new text begin An order for supervision under subdivision 1,
clause (2), shall be no longer than one year for misdemeanor and gross misdemeanor offenses
and two years for felony offenses. new text end All orders under subdivision 1, clause (3), shall be for a
specified length of time set by the court. However, before an order has expired and upon
the court's own motion or that of any interested party, the court has continuing jurisdiction
to renew the order or, after notice to the parties and a hearing, make some other disposition
of the case, until the individual becomes deleted text begin 19 deleted text end new text begin 21 new text end years of age. Any person to whom legal
custody is transferred shall report to the court in writing at such periods as the court may
direct.

Sec. 29.

Minnesota Statutes 2022, section 260B.255, subdivision 1, is amended to read:

Subdivision 1.

Certain violations not crimes.

A violation of a state or local law or
ordinance by a child before becoming deleted text begin 18 deleted text end new text begin 21 new text end years of age is not a crime unless the juvenile
court:

(1) certifies the matter in accordance with the provisions of section 260B.125;

(2) transfers the matter to a court in accordance with the provisions of section 260B.225;
or

(3) convicts the child as an extended jurisdiction juvenile and subsequently executes the
adult sentence under section 260B.130, subdivision 5.

Sec. 30.

Minnesota Statutes 2022, section 260B.331, subdivision 4, is amended to read:

Subd. 4.

Legal settlement.

The county charged with the costs and expenses under
subdivisions 1 and 2 may recover these costs and expenses from the county where the deleted text begin minor deleted text end new text begin
child new text end has legal settlement for general assistance purposes by filing verified claims which
shall be payable as are other claims against the county. A detailed statement of the facts
upon which the claim is based shall accompany the claim. If a dispute relating to general
assistance settlement arises, the local social services agency of the county denying legal
settlement shall send a detailed statement of the facts upon which the claim is denied together
with a copy of the detailed statement of the facts upon which the claim is based to the
commissioner of human services. The commissioner shall immediately investigate and
determine the question of general assistance settlement and shall certify findings to the local
social services agency of each county. The decision of the commissioner is final and shall
be complied with unless, within 30 days thereafter, action is taken in district court as provided
in section 256.045.

Sec. 31.

Minnesota Statutes 2022, section 260B.415, subdivision 1, is amended to read:

Subdivision 1.

Persons entitled to appeal; procedure.

(a) An appeal may be taken by
the aggrieved person from a final order of the juvenile court affecting a substantial right of
the aggrieved person, including, but not limited to, an order adjudging a child to be delinquent
or a juvenile traffic offender. The appeal shall be taken within 30 days of the filing of the
appealable order. The court administrator shall notify the person having legal custody of
the deleted text begin minor deleted text end new text begin child new text end of the appeal. Failure to notify the person having legal custody of the deleted text begin minor deleted text end
new text begin child new text end shall not affect the jurisdiction of the appellate court. The order of the juvenile court
shall stand, pending the determination of the appeal, but the reviewing court may in its
discretion and upon application stay the order.

(b) An appeal may be taken by an aggrieved person from an order of the juvenile court
on the issue of certification of a matter for prosecution under the laws and court procedures
controlling adult criminal violations. Certification appeals shall be expedited as provided
by applicable rules.

Sec. 32.

Minnesota Statutes 2022, section 609.055, subdivision 2, is amended to read:

Subd. 2.

Adult prosecution.

deleted text begin (a) deleted text end Except as otherwise provided in paragraph (b), children
of the age of deleted text begin 14 deleted text end new text begin 16 new text end years or over but under deleted text begin 18 deleted text end new text begin 21 new text end years may be prosecuted for a felony
offense if the alleged violation is duly certified for prosecution under the laws and court
procedures controlling adult criminal violations or may be designated an extended jurisdiction
juvenile in accordance with the provisions of chapter 260B. A child who is 16 years of age
or older but under deleted text begin 18 deleted text end new text begin 21 new text end years of age is capable of committing a crime and may be prosecuted
for a felony if:

(1) the child has been previously certified on a felony charge pursuant to a hearing under
section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a hearing, or
prosecuted pursuant to this subdivision; and

(2) the child was convicted of the felony offense or offenses for which the child was
prosecuted or of a lesser included felony offense.

deleted text begin (b) A child who is alleged to have committed murder in the first degree after becoming
16 years of age is capable of committing a crime and may be prosecuted for the felony. This
paragraph does not apply to a child alleged to have committed attempted murder in the first
degree after becoming 16 years of age.
deleted text end

Sec. 33. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 260B.101, subdivision 2; 260B.125, subdivisions 3
and 10; and 260B.130, subdivision 6, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-05963

260B.101 JURISDICTION.

Subd. 2.

No juvenile court jurisdiction over certain offenders.

Notwithstanding any other law to the contrary, the juvenile court lacks jurisdiction over proceedings concerning a child excluded from the definition of delinquent child under section 260B.007, subdivision 6, paragraph (b). The district court has original and exclusive jurisdiction in criminal proceedings concerning a child excluded from the definition of delinquent child under section 260B.007, subdivision 6, paragraph (b).

260B.125 CERTIFICATION.

Subd. 3.

Presumption of certification.

It is presumed that a proceeding involving an offense committed by a child will be certified if:

(1) the child was 16 or 17 years old at the time of the offense; and

(2) the delinquency petition alleges that the child committed an offense that would result in a presumptive commitment to prison under the Sentencing Guidelines and applicable statutes, or that the child committed any felony offense while using, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm.

If the court determines that probable cause exists to believe the child committed the alleged offense, the burden is on the child to rebut this presumption by demonstrating by clear and convincing evidence that retaining the proceeding in the juvenile court serves public safety. If the court finds that the child has not rebutted the presumption by clear and convincing evidence, the court shall certify the proceeding.

Subd. 10.

Inapplicability to certain offenders.

This section does not apply to a child excluded from the definition of delinquent child under section 260B.007, subdivision 6, paragraph (b).

260B.130 EXTENDED JURISDICTION JUVENILE PROSECUTIONS.

Subd. 6.

Inapplicability to certain offenders.

This section does not apply to a child excluded from the definition of delinquent child under section 260B.007, subdivision 6, paragraph (b).