HF 1665

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juveniles; prescribing treatment of 
  1.3             certain information on juveniles by schools; amending 
  1.4             Minnesota Statutes 1994, sections 13.32, subdivision 
  1.5             7; and 260.161, subdivision 1b. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 13.32, 
  1.8   subdivision 7, is amended to read: 
  1.9      Subd. 7.  [USES OF DATA.] School officials who receive data 
  1.10  on juveniles, as authorized under section 260.161, may use and 
  1.11  share that data within with personnel of the school district or 
  1.12  educational entity as necessary to protect persons and property 
  1.13  or to address the educational and other needs of students. 
  1.14     Sec. 2.  Minnesota Statutes 1994, section 260.161, 
  1.15  subdivision 1b, is amended to read: 
  1.16     Subd. 1b.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
  1.17  juvenile is enrolled in school, the juvenile's probation officer 
  1.18  shall transmit a copy of the court's disposition order to notify 
  1.19  the principal or chief administrative officer of the juvenile's 
  1.20  school if the juvenile has been adjudicated delinquent for 
  1.21  committing an act on the school's property or an act: 
  1.22     (1) that would be a violation of section 609.185 
  1.23  (first-degree murder); 609.19 (second-degree murder); 609.195 
  1.24  (third-degree murder); 609.20 (first-degree manslaughter); 
  1.25  609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
  2.1   homicide and injury); 609.221 (first-degree assault); 609.222 
  2.2   (second-degree assault); 609.223 (third-degree assault); 
  2.3   609.2231 (fourth-degree assault); 609.224 (fifth-degree 
  2.4   assault); 609.24 (simple robbery); 609.245 (aggravated robbery); 
  2.5   609.25 (kidnapping); 609.255 (false imprisonment); 609.342 
  2.6   (first-degree criminal sexual conduct); 609.343 (second-degree 
  2.7   criminal sexual conduct); 609.344 (third-degree criminal sexual 
  2.8   conduct); 609.345 (fourth-degree criminal sexual conduct); 
  2.9   609.3451 (fifth-degree criminal sexual conduct); 609.498 
  2.10  (tampering with a witness); 609.561 (first-degree arson); 
  2.11  609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic 
  2.12  threats); or 609.749 (harassment and stalking), if committed by 
  2.13  an adult; 
  2.14     (2) that would be a violation of section 152.021 
  2.15  (first-degree controlled substance crime); 152.022 
  2.16  (second-degree controlled substance crime); 152.023 
  2.17  (third-degree controlled substance crime); 152.024 
  2.18  (fourth-degree controlled substance crime); 152.025 
  2.19  (fifth-degree controlled substance crime); 152.0261 (importing a 
  2.20  controlled substance); or 152.027 (other controlled substance 
  2.21  offenses), if committed by an adult; or 
  2.22     (3) that involved the possession or use of a dangerous 
  2.23  weapon as defined in section 609.02, subdivision 6.  A 
  2.24  notification related to an act that would be a violation of one 
  2.25  of the sections listed in clauses (1) to (3) must include the 
  2.26  elements of the listed crime. 
  2.27     When a disposition order is transmitted If a notification 
  2.28  is made under this paragraph, the probation officer shall notify 
  2.29  the juvenile's parent or legal guardian that the disposition 
  2.30  order notification has been shared with made to the juvenile's 
  2.31  school. 
  2.32     (b) The disposition order must be accompanied by a notice 
  2.33  to the school that the school may obtain additional information 
  2.34  from the juvenile's probation officer with the consent of the 
  2.35  juvenile or the juvenile's parents, as applicable.  The 
  2.36  disposition order must be maintained in the student's permanent 
  3.1   education record but may not be released outside of the school 
  3.2   district or educational entity, other than to another school 
  3.3   district or educational entity to which the juvenile is 
  3.4   transferring.  Notwithstanding section 138.17, the disposition 
  3.5   order must be destroyed when the juvenile graduates from the 
  3.6   school or at the end of the academic year when the juvenile 
  3.7   reaches age 23, whichever date is earlier. 
  3.8      (c) The juvenile's probation officer shall maintain a 
  3.9   record of disposition orders released under this subdivision and 
  3.10  the basis for the release. 
  3.11     (d) Disposition orders and related information received 
  3.12  under this subdivision must be kept by school officials in a 
  3.13  separate file away from other student records. 
  3.14     (e) The criminal and juvenile justice information policy 
  3.15  group, in consultation with representatives of probation 
  3.16  officers and educators, shall prepare standard forms for use by 
  3.17  juvenile probation officers in forwarding information to schools 
  3.18  under this subdivision and in maintaining a record of the 
  3.19  information that is released.  
  3.20     (e) (f) As used in this subdivision, "school" means a 
  3.21  public or private elementary, middle, or secondary school.