1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 11:39am
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:
Minnesota Statutes 2022, section 260B.176, is amended by adding a subdivision
to read:
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(a) If a peace officer, probation officer, or
parole officer who takes a child into custody does not release the child according to
subdivision 1, the officer must communicate with or deliver the child to a juvenile secure
detention facility to determine whether the child should be released or detained.
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(b) To determine whether a child should be released or detained, a facility's supervisor
must 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.
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(c) The risk-assessment instrument must:
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(1) 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;
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(2) 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; and
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(3) 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.
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(d) If, after using the instrument, a determination is made that the child should be released,
the person taking the child into custody or the facility supervisor must release the child
according to subdivision 1.
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This section is effective August 15, 2023.
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