HF 2363

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

  1.1                          A bill for an act 
  1.2             relating to criminal justice information systems; 
  1.3             defining criminal justice agencies; authorizing 
  1.4             sharing of adult and juvenile criminal history data 
  1.5             between criminal justice agencies; requiring the 
  1.6             juvenile court to forward certain court data to 
  1.7             specified agencies; requiring the bureau of criminal 
  1.8             apprehension to administer the computerized juvenile 
  1.9             criminal history record system; amending Minnesota 
  1.10            Statutes 1994, sections 13.02, by adding a 
  1.11            subdivision; 13.87, subdivisions 1 and 2; 260.161, 
  1.12            subdivisions 1 and 1a; and 299C.05. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 13.02, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 3a.  [CRIMINAL JUSTICE AGENCIES.] "Criminal justice 
  1.17  agencies" means all state and local prosecution authorities, all 
  1.18  state and local law enforcement agencies, the sentencing 
  1.19  guidelines commission, the bureau of criminal apprehension, the 
  1.20  department of corrections, and all probation officers who are 
  1.21  not part of the judiciary. 
  1.22     Sec. 2.  Minnesota Statutes 1994, section 13.87, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.25  "adult and juvenile criminal history data" means all data 
  1.26  maintained in adult and juvenile criminal history records 
  1.27  compiled by the bureau of criminal apprehension and disseminated 
  1.28  through the criminal justice information system, including, but 
  1.29  not limited to fingerprints, photographs, identification data, 
  2.1   arrest data, prosecution data, criminal and juvenile court data, 
  2.2   custody and supervision data.  
  2.3      Sec. 3.  Minnesota Statutes 1994, section 13.87, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [CLASSIFICATION.] Adult and juvenile criminal 
  2.6   history data maintained by agencies, political subdivisions and 
  2.7   statewide systems are classified as private, pursuant to section 
  2.8   13.02, subdivision 12, except that (1) the data may be shared 
  2.9   with criminal justice agencies, all trial courts, and the 
  2.10  appellate courts; and (2) data created, collected, or maintained 
  2.11  by the bureau of criminal apprehension that identify an 
  2.12  individual who was convicted of a crime and the offense of which 
  2.13  the individual was convicted are public data for 15 years 
  2.14  following the discharge of the sentence imposed for the offense. 
  2.15     The bureau of criminal apprehension shall provide to the 
  2.16  public at the central office of the bureau the ability to 
  2.17  inspect in person, at no charge, through a computer monitor the 
  2.18  criminal conviction data classified as public under this 
  2.19  subdivision. 
  2.20     Sec. 4.  Minnesota Statutes 1994, section 260.161, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
  2.23  juvenile court judge shall keep such minutes and in such manner 
  2.24  as the court deems necessary and proper.  Except as provided in 
  2.25  paragraph (b), the court shall keep and maintain records 
  2.26  pertaining to delinquent adjudications until the person reaches 
  2.27  the age of 28 years and shall release the records on an 
  2.28  individual to another juvenile court that has jurisdiction of 
  2.29  the juvenile, to a requesting adult court for purposes of 
  2.30  sentencing, or to an adult court or juvenile court as required 
  2.31  by the right of confrontation of either the United States 
  2.32  Constitution or the Minnesota Constitution.  The juvenile court 
  2.33  shall provide, upon the request of any other juvenile court, 
  2.34  copies of the records concerning adjudications involving the 
  2.35  particular child.  The court also may provide copies of records 
  2.36  concerning delinquency adjudications, on request, to law 
  3.1   enforcement agencies, probation officers, and corrections agents 
  3.2   if the court finds that providing these records serves public 
  3.3   safety or is in the best interests of the child.  The records 
  3.4   have the same data classification in the hands of the agency 
  3.5   receiving them as they had in the hands of the court. 
  3.6      The court shall also keep an index in which files 
  3.7   pertaining to juvenile matters shall be indexed under the name 
  3.8   of the child.  After the name of each file shall be shown the 
  3.9   file number and, if ordered by the court, the book and page of 
  3.10  the register in which the documents pertaining to such file are 
  3.11  listed.  The court shall also keep a register properly indexed 
  3.12  in which shall be listed under the name of the child all 
  3.13  documents filed pertaining to the child and in the order filed.  
  3.14  The list shall show the name of the document and the date of 
  3.15  filing thereof.  The juvenile court legal records shall be 
  3.16  deposited in files and shall include the petition, summons, 
  3.17  notice, findings, orders, decrees, judgments, and motions and 
  3.18  such other matters as the court deems necessary and proper.  
  3.19  Unless otherwise provided by law, all court records shall be 
  3.20  open at all reasonable times to the inspection of any child to 
  3.21  whom the records relate, and to the child's parent and guardian. 
  3.22     (b) The court shall retain records of the court finding 
  3.23  that a juvenile committed an act that would be a violation of, 
  3.24  or an attempt to violate, section 609.342, 609.343, 609.344, or 
  3.25  609.345, a felony or gross misdemeanor level offense until the 
  3.26  offender reaches the age of 28.  If the offender commits another 
  3.27  violation of sections 609.342 to 609.345 a felony as an adult, 
  3.28  or the court convicts a child as an extended jurisdiction 
  3.29  juvenile, the court shall retain the juvenile records for as 
  3.30  long as the records would have been retained if the offender had 
  3.31  been an adult at the time of the juvenile offense.  This 
  3.32  paragraph does not apply unless the juvenile was provided 
  3.33  counsel as required by section 260.155, subdivision 2. 
  3.34     Sec. 5.  Minnesota Statutes 1994, section 260.161, 
  3.35  subdivision 1a, is amended to read: 
  3.36     Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
  4.1   CRIMINAL APPREHENSION FINDINGS.] (a) The juvenile court shall 
  4.2   forward to the bureau of criminal apprehension, the sentencing 
  4.3   guidelines commission, and the department of corrections the 
  4.4   following data on all juveniles adjudicated delinquent for 
  4.5   having alleged to have committed felony-level criminal sexual 
  4.6   conduct felony or gross misdemeanor level offenses: 
  4.7      (1) the name and birth date of the juvenile; 
  4.8      (2) the type of act for which the juvenile was adjudicated 
  4.9   delinquent alleged to have committed and date of the offense; 
  4.10  and 
  4.11     (3) the date and county of the adjudication court's 
  4.12  finding; and 
  4.13     (4) the court's finding and case disposition. 
  4.14     (b) The bureau, the sentencing guidelines commission, and 
  4.15  the department of corrections shall retain data on a juvenile 
  4.16  not found to have committed the alleged felony or gross 
  4.17  misdemeanor level offense until the juvenile reaches the age of 
  4.18  18. 
  4.19     (c) The bureau, the sentencing guidelines commission, and 
  4.20  the department of corrections shall retain data on a juvenile 
  4.21  found to have committed a felony or gross misdemeanor level 
  4.22  offense until the offender reaches the age of 28.  If the 
  4.23  offender commits another a felony violation of sections 609.342 
  4.24  to 609.345 as an adult, the bureau, the sentencing guidelines 
  4.25  commission, and the department of corrections shall retain the 
  4.26  data for as long as the data would have been retained if the 
  4.27  offender had been an adult at the time of the juvenile offense. 
  4.28     (c) (d) The juvenile court shall forward to the bureau, the 
  4.29  sentencing guidelines commission, and the department of 
  4.30  corrections the following data on individuals convicted as 
  4.31  extended jurisdiction juveniles: 
  4.32     (1) the name and birthdate of the offender; 
  4.33     (2) the crime committed by the offender and the date of the 
  4.34  crime; and 
  4.35     (3) the date and county of the conviction; and 
  4.36     (4) the case disposition. 
  5.1      The court shall notify the bureau, the sentencing 
  5.2   guidelines commission, and the department of corrections 
  5.3   whenever it executes an extended jurisdiction juvenile's adult 
  5.4   sentence under section 260.126, subdivision 5. 
  5.5      (d) (e) The bureau, the sentencing guidelines commission, 
  5.6   and the department of corrections shall retain the extended 
  5.7   jurisdiction juvenile data for as long as the data would have 
  5.8   been retained if the offender had been an adult at the time of 
  5.9   the offense.  Data retained on individuals under this 
  5.10  subdivision are private data under section 13.02, except that 
  5.11  extended jurisdiction juvenile data becomes public data under 
  5.12  section 13.87, subdivision 2, when the juvenile court notifies 
  5.13  the bureau that the individual's adult sentence has been 
  5.14  executed under section 260.126, subdivision 5. 
  5.15     Sec. 6.  Minnesota Statutes 1994, section 299C.095, is 
  5.16  amended to read: 
  5.17     299C.095 [SYSTEM FOR IDENTIFICATION OF ADJUDICATED 
  5.18  JUVENILES JUVENILE OFFENDERS.] 
  5.19     The bureau shall establish a system for recording the data 
  5.20  on adjudicated juveniles received from the juvenile courts under 
  5.21  section 260.161, subdivision 1a administer and maintain the 
  5.22  computerized juvenile criminal history record system.  The data 
  5.23  in the system are private data as defined in section 13.02, 
  5.24  subdivision 12, but are accessible to criminal justice agencies 
  5.25  as defined in section 13.02, subdivision 4, to all trial courts 
  5.26  and appellate courts, and to a person who has access to the 
  5.27  juvenile court records as provided in section 260.161 or under 
  5.28  court rule.