HF 1511

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/09/2023 11:36am

A bill for an act
relating to corrections; providing for juvenile risk assessments; amending Minnesota
Statutes 2022, section 260B.176, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 260B.176, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Risk assessment instrument. new text end

new text begin If a peace officer or probation or parole officer
who took a child into custody does not release the child as provided in subdivision 1, the
peace officer or probation or parole officer shall communicate with or deliver the child to
a juvenile secure detention facility to determine whether the child should be released or
detained. Before detaining a child, the supervisor of the facility shall use an objective and
racially, ethnically, and gender-responsive juvenile detention risk assessment instrument
developed by the commissioner of corrections, county, group of counties, or judicial district,
in consultation with the state coordinator or coordinators of the Minnesota Juvenile Detention
Alternative Initiative. The risk assessment instrument must assess the likelihood that a child
released from preadjudication detention under this section or section 260B.178 would
endanger others or not return for a court hearing. The instrument must identify the appropriate
setting for a child who might endanger others or not return for a court hearing pending
adjudication, with either continued detention or placement in a noncustodial
community-based supervision setting. The instrument must also identify the type of
noncustodial community-based supervision setting necessary to minimize the risk that a
child who is released from custody will endanger others or not return for a court hearing.
If, after using the instrument, a determination is made that the child should be released, the
person taking the child into custody or the supervisor of the facility shall release the child
as provided in subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 15, 2023.
new text end