HF 3991

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/25/2024 03:44pm

A bill for an act
relating to public safety; creating restorative practices restitution program;
eliminating ability of court to order fine in delinquency proceeding or juvenile
major water or traffic offender proceeding; making conforming and technical
changes; amending Minnesota Statutes 2022, sections 260B.198, subdivision 1;
260B.225, subdivision 9; 260B.235, subdivision 4; Minnesota Statutes 2023
Supplement, section 299A.95, subdivision 5.

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

Section 1.

Minnesota Statutes 2022, section 260B.198, subdivision 1, is amended to read:

Subdivision 1.

Court order, findings, remedies, treatment.

(a) If the court finds that
the child is delinquent, it shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the child:

(1) counsel the child or the parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court including reasonable rules
for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed
for the physical, mental, and moral well-being and behavior of the child, or with the consent
of the commissioner of corrections, in a group foster care facility which is under the
management and supervision of said commissioner;

(3) if the court determines that the child is a danger to self or others, subject to the
supervision of the court, transfer legal custody of the child to one of the following:

(i) a child-placing agency;

(ii) the local social services agency;

(iii) a reputable individual of good moral character. No person may receive custody of
two or more unrelated children unless licensed as a residential facility pursuant to sections
245A.01 to 245A.16;

(iv) a county home school, if the county maintains a home school or enters into an
agreement with a county home school; or

(v) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) transfer legal custody by commitment to the commissioner of corrections;

(5) if the child is found to have violated a state or local law or ordinance which has
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for such damage new text begin and may offer the child an opportunity to
participate in a restorative process to satisfy the restitution obligation, where available new text end ;

deleted text begin (6) require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child;
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end if the child is in need of special treatment and care for reasons of physical or
mental health, the court may order the child's parent, guardian, or custodian to provide it.
If the parent, guardian, or custodian fails to provide this treatment or care, the court may
order it provided;

deleted text begin (8) deleted text end new text begin (7) new text end if the court believes that it is in the best interests of the child and of public safety
that the driver's license of the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the cancellation of the child's license
for any period up to the child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before the termination of the period
of cancellation, the court may, for good cause, recommend to the commissioner of public
safety that the child be authorized to apply for a new license, and the commissioner may so
authorize;

deleted text begin (9) deleted text end new text begin (8) new text end if the court believes that it is in the best interest of the child and of public safety
that the child is enrolled in school, the court may require the child to remain enrolled in a
public school until the child reaches the age of 18 or completes all requirements needed to
graduate from high school. Any child enrolled in a public school under this clause is subject
to the provisions of the Pupil Fair Dismissal Act in chapter 127;

deleted text begin (10) deleted text end new text begin (9) new text end if the child is petitioned and found by the court to have committed a controlled
substance offense under sections 152.021 to 152.027, the court shall determine whether the
child unlawfully possessed or sold the controlled substance while driving a motor vehicle.
If so, the court shall notify the commissioner of public safety of its determination and order
the commissioner to revoke the child's driver's license for the applicable time period specified
in section 152.0271. If the child does not have a driver's license or if the child's driver's
license is suspended or revoked at the time of the delinquency finding, the commissioner
shall, upon the child's application for driver's license issuance or reinstatement, delay the
issuance or reinstatement of the child's driver's license for the applicable time period specified
in section 152.0271. Upon receipt of the court's order, the commissioner is authorized to
take the licensing action without a hearing;

deleted text begin (11) deleted text end new text begin (10) new text end if the child is petitioned and found by the court to have committed or attempted
to commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451;
609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency
petition based on one or more of those sections, the court shall order an independent
professional assessment of the child's need for sex offender treatment. An assessor providing
an assessment for the court must be experienced in the evaluation and treatment of juvenile
sex offenders. If the assessment indicates that the child is in need of and amenable to sex
offender treatment, the court shall include in its disposition order a requirement that the
child undergo treatment. Notwithstanding section 13.384, 13.85, 144.291 to 144.298, or
260B.171, or chapter 260E, the assessor has access to the following private or confidential
data on the child if access is relevant and necessary for the assessment:

(i) medical data under section 13.384;

(ii) corrections and detention data under section 13.85;

(iii) health records under sections 144.291 to 144.298;

(iv) juvenile court records under section 260B.171; and

(v) local welfare agency records under chapter 260E.

Data disclosed under this clause may be used only for purposes of the assessment and
may not be further disclosed to any other person, except as authorized by law; or

deleted text begin (12) deleted text end new text begin (11) new text end if the child is found delinquent due to the commission of an offense that would
be a felony if committed by an adult, the court shall make a specific finding on the record
regarding the juvenile's mental health and chemical dependency treatment needs.

(b) Any order for a disposition authorized under this section shall contain written findings
of fact to support the disposition ordered and shall also set forth in writing the following
information:

(1) why the best interests of the child are served by the disposition ordered; and

(2) what alternative dispositions were considered by the court and why such dispositions
were not appropriate in the instant case. Clause (1) does not apply to a disposition under
subdivision 1a.

Sec. 2.

Minnesota Statutes 2022, section 260B.225, subdivision 9, is amended to read:

Subd. 9.

Juvenile major highway or water traffic offender.

If the juvenile court finds
that the child is a juvenile major highway or water traffic offender, it may make any one or
more of the following dispositions of the case:

(1) reprimand the child and counsel with the child and the parents;

(2) continue the case for a reasonable period under such conditions governing the child's
use and operation of any motor vehicles or boat as the court may set;

(3) require the child to attend a driver improvement school if one is available within the
county;

(4) recommend to the Department of Public Safety suspension of the child's driver's
license as provided in section 171.16;

(5) if the child is found to have committed two moving highway traffic violations or to
have contributed to a highway accident involving death, injury, or physical damage in excess
of $100, the court may recommend to the commissioner of public safety or to the licensing
authority of another state the cancellation of the child's license until the child reaches the
age of 18 years, and the commissioner of public safety is hereby authorized to cancel the
license without hearing. At any time before the termination of the period of cancellation,
the court may, for good cause, recommend to the commissioner of public safety, or to the
licensing authority of another state, that the child's license be returned, and the commissioner
of public safety is authorized to return the license;

(6) place the child under the supervision of a probation officer in the child's own home
under conditions prescribed by the court including reasonable rules relating to operation
and use of motor vehicles or boats directed to the correction of the child's driving habits;

(7) if the child is found to have violated a state or local law or ordinance and the violation
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for the damage new text begin and may offer the child an opportunity to
participate in a restorative process that raises funds where applicable to satisfy the restitution
obligation, where available new text end ;

deleted text begin (8) require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child;
deleted text end

deleted text begin (9) deleted text end new text begin (8) new text end if the court finds that the child committed an offense described in section 169A.20,
the court shall order that a chemical use assessment be conducted and a report submitted to
the court in the manner prescribed in section 169A.70. If the assessment concludes that the
child meets the level of care criteria for placement under rules adopted under section 254A.03,
subdivision 3, the report must recommend a level of care for the child. The court may require
that level of care in its disposition order. deleted text begin In addition, the court may require any child ordered
to undergo an assessment to pay a chemical dependency assessment charge of $75. The
court shall forward the assessment charge to the commissioner of management and budget
to be credited to the general fund. The state shall reimburse counties for the total cost of
the assessment in the manner provided in section 169A.284.
deleted text end

Sec. 3.

Minnesota Statutes 2022, section 260B.235, subdivision 4, is amended to read:

Subd. 4.

Dispositions.

If the juvenile court finds that a child is a petty offender, the court
may:

deleted text begin (1) require the child to pay a fine of up to $100;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end require the child to participate in a community service project;

deleted text begin (3) deleted text end new text begin (2) new text end require the child to participate in a drug awareness program;

deleted text begin (4) deleted text end new text begin (3) new text end order the child to undergo a chemical dependency evaluation and if warranted
by this evaluation, order participation by the child in an outpatient chemical dependency
treatment program;

deleted text begin (5) deleted text end new text begin (4) new text end place the child on probation for up to six months or, in the case of a juvenile
alcohol or controlled substance offense, following a determination by the court that the
juvenile is chemically dependent, the court may place the child on probation for a time
determined by the court;

deleted text begin (6) deleted text end new text begin (5) new text end order the child to make restitution to the victim new text begin , which may be satisfied through
participation in an available restorative process to raise funds, where applicable new text end ; or

deleted text begin (7) deleted text end new text begin (6) new text end perform any other activities or participate in any other outpatient treatment
programs deemed appropriate by the court.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's
license or permit to drive, and if the child used a driver's license, permit, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase the
alcoholic beverage, the court shall forward its finding in the case and the child's driver's
license or permit to the commissioner of public safety. Upon receipt, the commissioner shall
suspend the child's license or permit for a period of 90 days.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase tobacco in violation of section 609.685, subdivision 3, if the child has a driver's
license or permit to drive, and if the child used a driver's license, permit, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase
tobacco, the court shall forward its finding in the case and the child's driver's license or
permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend
the child's license or permit for a period of 90 days.

None of the dispositional alternatives described in clauses (1) to (6) shall be imposed
by the court in a manner which would cause an undue hardship upon the child.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 299A.95, subdivision 5, is amended
to read:

Subd. 5.

Grants.

(a) Within available appropriations, the director shall award grants to
establish and support restorative practices initiatives. An approved applicant must receive
a grant of up to $500,000 each year.

(b) On an annual basis, the Office of Restorative Practices shall establish a minimum
number of applications that must be received during the application process. If the minimum
number of applications is not received, the office must reopen the application process.

(c) Grants may be awarded to private and public nonprofit agencies; local units of
government, including cities, counties, and townships; local educational agencies; and Tribal
governments. A restorative practices advisory committee may support multiple entities
applying for grants based on community needs, the number of youth and families in the
jurisdiction, and the number of restorative practices available to the community. Budgets
supported by grant funds can include contracts with partner agencies.

(d) Applications must include the following:

(1) a list of willing restorative practices advisory committee members;

(2) letters of support from potential restorative practices advisory committee members;

(3) a description of the planning process that includes:

(i) a description of the origins of the initiative, including how the community provided
input; and

(ii) an estimated number of participants to be served; and

(4) a formal document containing a project description that outlines the proposed goals,
activities, and outcomes of the initiative including, at a minimum:

(i) a description of how the initiative meets the minimum eligibility requirements of the
grant;

(ii) the roles and responsibilities of key staff assigned to the initiative;

(iii) identification of any key partners, including a summary of the roles and
responsibilities of those partners;

(iv) a description of how volunteers and other community members are engaged in the
initiative; and

(v) a plan for evaluation and data collection.

(e) In determining the appropriate amount of each grant, the Office of Restorative
Practices shall consider the number of individuals likely to be served by the local restorative
practices initiative.

new text begin (f) The Office of Restorative Practices may award grants to provide restitution funds
that allow a victim of a juvenile offense, juvenile petty offense, or major traffic offense as
defined in section 260B.225, subdivision 1, paragraph (b), committed by a juvenile to obtain
monetary compensation to satisfy the restitution obligations of a child who participates in
a restorative process to address harm.
new text end