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HF 1428

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/05/2012 04:06pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; establishing Emily's law; lowering the age of extended
jurisdiction juvenile prosecution for violent offenses; amending Minnesota
Statutes 2010, sections 242.44; 260B.007, by adding a subdivision; 260B.130;
260B.141, subdivision 4; 260B.193, subdivision 5; 260B.198, subdivision 6;
260B.199; 260B.201, subdivision 2; 609.055.

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

Section 1.

Minnesota Statutes 2010, section 242.44, is amended to read:


242.44 PUPILS.

The commissioner of corrections, so far as the accommodations of the correctional
facilities and other means at the commissioner's disposal will permit, may receive juvenile
delinquents and juvenile offenders serving a juvenile disposition under section 260B.130deleted text begin,
subdivision 4
deleted text end
. The commissioner's housing of these individuals must be consistent with
federal and state law, including established admissions criteria for Minnesota Correctional
Facility-Red Wing. The commissioner may place these youths at employment, may
provide education suitable to their years and capacity, and may place them in suitable
homes. Under rules prescribed by the commissioner, when deemed best for these youths,
persons committed to the commissioner's care and custody by a juvenile court may be
paroled or discharged from the facility by the commissioner. All pupils in the facility shall
be clothed, instructed, and maintained by the commissioner of corrections.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 260B.007, is amended by adding a
subdivision to read:


new text begin Subd. 21. new text end

new text begin Violent juvenile offense. new text end

new text begin "Violent juvenile offense" means any of the
following offenses that would be a felony if committed by an adult: sections 609.185
(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in
the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the
second degree); 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h) (criminal sexual
conduct in the first degree; involving injury, force, or weapons); 609.343, subdivision 1,
paragraph (c), (d), (e), (f), or (h) (criminal sexual conduct in the second degree; involving
injury, force, or weapons); 609.344, subdivision 1, paragraph (c) or (g) (criminal sexual
conduct in the third degree; involving force or injury); 609.345, subdivision 1, paragraph
(c) or (g) (criminal sexual conduct in the fourth degree; involving force or injury); and
609.377 (malicious punishment of a child).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 260B.130, is amended to read:


260B.130 EXTENDED JURISDICTION JUVENILE PROSECUTIONS.

Subdivision 1.

Designationnew text begin; child age 14 to 17 yearsnew text end.

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

(1) the child was 14 to 17 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;

(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

(3) the child was 14 to 17 years old at the time of the alleged offense, 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.

new text begin Subd. 1a. new text end

new text begin Designation; child age 13 years. new text end

new text begin A proceeding involving a child
alleged to have committed a violent juvenile offense is an extended jurisdiction juvenile
prosecution if the child was 13 years old at the time of the alleged offense, 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.
new text end

Subd. 2.

Hearing on prosecutor's request.

When a prosecutor requests that a
proceeding be designated an extended jurisdiction juvenile prosecution, the court shall
hold a hearing under section 260B.163 to consider the request. The hearing must be held
within 30 days of the filing of the request for designation, 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 request. If the
prosecutor shows by clear and convincing evidence that designating the proceeding an
extended jurisdiction juvenile prosecution serves public safety, the court shall grant the
request for designation. In determining whether public safety is served, the court shall
consider the factors specified in section 260B.125, subdivision 4. The court shall decide
whether to designate the proceeding an extended jurisdiction juvenile prosecution within
15 days after the designation hearing is completed, unless additional time is needed, in
which case the court may extend the period up to another 15 days.

Subd. 3.

Proceedings.

A child who is the subject of an extended jurisdiction
juvenile prosecution has the right to a trial by jury and to the effective assistance of
counsel, as described in section 260B.163, subdivision 4.

Subd. 4.

Dispositionnew text begin; child age 14 to 17 yearsnew text end.

(a) If an extended jurisdiction
juvenile prosecutionnew text begin designated under subdivision 1new text end results in a guilty plea or finding
of guilt, the court shall:

(1) impose one or more juvenile dispositions under section 260B.198; and

(2) 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 offense.

(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.

new text begin Subd. 4a. new text end

new text begin Disposition; child age 13 years. new text end

new text begin If an extended jurisdiction juvenile
prosecution designated under subdivision 1a results in a guilty plea or finding of guilt,
the court shall:
new text end

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

new text begin (2) 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 offense. In imposing an adult criminal sentence, the court may not order
that the child be committed to the custody of the commissioner of corrections in a state
correctional facility for adults.
new text end

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, except that no credit shall
be given for time served in juvenile facility custody prior to a summary hearing. 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.

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).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
offenses committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, section 260B.141, subdivision 4, is amended to read:


Subd. 4.

Delinquency petition; extended jurisdiction juvenile.

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. When a prosecutor files a
delinquency petition alleging that new text begina child aged 13 years committed a violent juvenile
offense or
new text enda child aged 14 to 17 years committed a felony offense, the prosecutor
may request that the court designate the proceeding an extended jurisdiction juvenile
prosecution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
offenses committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2010, 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 shall continue until the individual
becomes 19 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,
extends until the offender becomes 21 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.130deleted text begin, subdivision 4deleted text enddeleted text begin,deleted text end if:

(1) an adult is alleged to have committed an offense before the adult's 18th 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 18th 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.

(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.130deleted text begin, subdivision 4deleted text end. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
offenses committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2010, section 260B.198, subdivision 6, is amended to read:


Subd. 6.

Expungement.

Except when legal custody is transferred under the
provisions of subdivision 1, clause (4)new text begin, or a child is adjudicated delinquent for committing
a violent juvenile offense
new text end, the court may expunge the adjudication of delinquency at
any time that it deems advisable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 7.

Minnesota Statutes 2010, section 260B.199, is amended to read:


260B.199 PLACEMENT OF JUVENILE OFFENDERS AT MINNESOTA
CORRECTIONAL FACILITY-RED WING.

Subdivision 1.

Admissions criteria.

The admissions criteria for the Minnesota
Correctional Facility-Red Wing shall include a requirement that the county of referral
must have considered all appropriate local or regional placements and have exhausted
potential in-state placements in the geographic region. The court must state on the
record that this effort was made and placements rejected before ordering a placement or
commitment to the Minnesota Correctional Facility-Red Wing. Before a court orders a
disposition under section 260B.198 or 260B.130deleted text begin, subdivision 4deleted text enddeleted text begin,deleted text end for a child, the court shall
determine whether the child meets the established admissions criteria for the Minnesota
Correctional Facility-Red Wing. If the child meets the admissions criteria, the court shall
place the child at the facility and may not place the child in an out-of-state facility, unless
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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
offenses committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2010, section 260B.201, subdivision 2, is amended to read:


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.130deleted text begin, subdivision 4deleted text end.
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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
offenses committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2010, section 609.055, is amended to read:


609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.

Subdivision 1.

General rule.

Children under the age of deleted text begin14deleted text endnew text begin 13new text end years are incapable of
committing crime.

Subd. 2.

Adult prosecution.

(a) Except as otherwise provided in deleted text beginparagraphdeleted text endnew text begin
paragraphs
new text end (b)deleted text begin,deleted text endnew text begin and (c):new text end

new text begin (1) new text endchildren of the age of 14 years or over but under 18 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 260Bnew text begin; and
new text end

new text begin (2) children of the age of 13 years may be designated as an extended jurisdiction
juvenile in accordance with the provisions of chapter 260B for a violent juvenile offense,
as defined in section 260B.007, subdivision 21
new text end.

new text begin (b) new text endA child who is 16 years of age or older but under 18 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)deleted text endnew text begin (c)new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
offenses committed on or after that date.
new text end