as introduced - 87th Legislature (2011 - 2012) Posted on 01/26/2011 10:50am
A bill for an act
relating to public safety; authorizing judges to prohibit certain juvenile sex
offenders from residing near their victims; amending Minnesota Statutes 2010,
section 260B.198, subdivision 1, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2010, section 260B.198, subdivision 1, is amended to
read:
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; or
(ii) the local social services agency; or
(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; or
(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;
(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;
(7) 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;
(8) 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;
(9) 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;
(10) 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;
(11) 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 sections 13.384, 13.85,
144.291 to 144.298, 260B.171, or 626.556, 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 section 626.556.
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;
(12) 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;
(13) 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:
(i) why the best interests of the child are served by the disposition ordered; and
(ii) what alternative dispositions were considered by the court and why such
dispositions were not appropriate in the instant case.new text begin Item (i) does not apply to a
disposition under subdivision 1a.
new text end
new text begin
This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
new text end
Minnesota Statutes 2010, section 260B.198, is amended by adding a
subdivision to read:
new text begin
If the court finds that the
child is delinquent due to a violation of section 609.342 or 609.343, in addition to other
dispositions authorized under this section, the court may prohibit the child from residing
within 1,000 feet or three city blocks, whichever distance is greater, from the victim for a
portion or the entire period that the court has jurisdiction over the child.
new text end
new text begin
This section is effective August 1, 2010, and applies to
offenses committed on or after that date.
new text end