2006 Minnesota Statutes

260B.201 MANDATORY COMMITMENT TO COMMISSIONER OF CORRECTIONS.
    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
meanings given them.
(b) "Chemical dependency treatment" means a comprehensive set of planned and organized
services, therapeutic experiences, and interventions that are intended to improve the prognosis,
function, or outcome of patients by reducing the risk of the use of alcohol, drugs, or other
mind-altering substances and assist the patient to adjust to, and deal more effectively with, life
situations.
(c) An offender has "failed or refused to successfully complete" treatment when, based on
factors within the offender's control, the offender is not able to substantially achieve the program's
goals and the program's director determines that, based on the offender's prior placement
or treatment history, further participation in the program would not result in its successful
completion.
(d) "Probation" has the meaning given in section 609.02, subdivision 15.
(e) "Sex offender treatment" means a comprehensive set of planned and organized services,
therapeutic experiences, and interventions that are intended to improve the prognosis, function, or
outcome of patients by reducing the risk of sexual reoffense and other aggressive behavior and
assist the patient to adjust to, and deal more effectively with, life situations.
    Subd. 2. When commitment required. (a) A court having jurisdiction over a child shall
commit the child to the custody of the commissioner of corrections or place the child at the
Minnesota Correctional Facility-Red Wing if the child:
(1) was previously adjudicated delinquent or convicted as an extended jurisdiction juvenile
for an offense for which registration under section 243.166 was required;
(2) was placed on probation for the offense and ordered to complete a sex offender or
chemical dependency treatment program; and
(3) subsequently failed or refused to successfully complete the program.
(b) If the child was initially convicted as an extended jurisdiction juvenile, the court may
execute the child's adult sentence under section 260B.130, subdivision 4. Notwithstanding
paragraph (c), if the court does not do this, it shall comply with paragraph (a).
(c) A court may place a child in an out-of-state facility if the court makes a finding on the
record that the safety of the child or the safety of the community can be best met by placement in
an out-of-state facility or that the out-of-state facility is located closer to the child's home.
    Subd. 3. Report required. A court ordering an alternative placement under subdivision 2,
paragraph (c), shall report to the Sentencing Guidelines Commission on the placement ordered
and the reasons for not committing the child to the custody of the commissioner of corrections. If
the alternative placement is to an out-of-state facility, the report must include specific information
that the safety of the child or the safety of the community can best be met by placement in an
out-of-state facility or that the out-of-state facility is located closer to the child's home. By
February 15 of each year, the commission shall summarize the reports received from courts
under this paragraph for the preceding year and forward this summary to the chairs and ranking
minority members of the senate and house of representatives committees and divisions having
jurisdiction over criminal justice policy and funding.
History: 2000 c 488 art 7 s 8