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Minnesota Legislature

Office of the Revisor of Statutes

HF 642

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/09/2011 05:01pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2011
1st Engrossment Posted on 03/09/2011

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; providing for a child certified as an adult to be detained
in a juvenile facility prior to trial and verdict; amending Minnesota Statutes
2010, section 260B.125, subdivision 8.

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

Section 1.

Minnesota Statutes 2010, section 260B.125, subdivision 8, is amended to
read:


Subd. 8.

Written findings; options.

new text begin(a) new text endThe 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.
new text begin A child certified under this paragraph may be detained pending the outcome of criminal
proceedings in a secure juvenile detention facility.
new text end

new text begin (b) new text endIf 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. 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. If the court decides not to order certification in a
case in which the presumption described in subdivision 3 does not apply, the court may
designate the proceeding an extended jurisdiction juvenile prosecution, pursuant to the
hearing process described in section 260B.130, subdivision 2.