Minnesota Legislature
HF 25
as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to criminal justice; crime prevention; 1.3 appropriating money for various judicial branch, 1.4 public safety, children, families, and learning, and 1.5 corrections crime prevention initiatives and programs, 1.6 and other related purposes; establishing teen court 1.7 programs as a sentencing alternative in certain cases 1.8 involving youthful offenders; providing definitions; 1.9 specifying program criteria and operating procedures 1.10 for teen courts; clarifying elements of harassment and 1.11 stalking crimes; amending Minnesota Statutes 1996, 1.12 section 609.749, subdivisions 1, 2, and by adding a 1.13 subdivision; Laws 1996, chapter 412, article 4, 1.14 section 30, subdivision 4; proposing coding for new 1.15 law in Minnesota Statutes, chapter 260. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 ARTICLE 1 1.18 APPROPRIATIONS 1.19 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 1.20 The sums shown in the columns marked "APPROPRIATIONS" are 1.21 appropriated from the general fund, or another fund named, to 1.22 the agencies and for the purposes specified in this article, to 1.23 be available for the fiscal years indicated for each purpose. 1.24 The figures "1998" and "1999," where used in this article, mean 1.25 that the appropriation or appropriations listed under them are 1.26 available for the year ending June 30, 1998, or June 30, 1999, 1.27 respectively. 1.28 SUMMARY BY FUND 1.29 1998 1999 1.30 General $ 23,107,000 $ 20,686,000 2.1 Trunk Highway 10,182,000 5,422,000 2.2 Sec. 2. OFFICE OF STRATEGIC 2.3 AND LONG-RANGE PLANNING 2.4 Subdivision 1. Teen Court 1,500,000 1,500,000 2.5 This appropriation is for court 2.6 referral program established in article 2.7 2, section 1, including five percent 2.8 for measuring teen court progress as 2.9 required under article 2, section 1, 2.10 subdivision 11. 2.11 Sec. 3. DEPARTMENT OF CORRECTIONS 2.12 Subdivision 1. Juvenile 2.13 Camp Programs 1,650,000 2,100,000 2.14 This appropriation is for three 2.15 juvenile camp programs designed to 2.16 deter recidivism among juvenile 2.17 offenders by targeting first-time 2.18 offenders and enforcing more intensive 2.19 activities among repeat offenders. The 2.20 commissioner of corrections shall 2.21 establish and develop the following 2.22 programs: 2.23 (a) A weekend camp program at Camp 2.24 Ripley designed for first- or 2.25 second-time male juvenile offenders 2.26 ages 11 to 14. The commissioner shall 2.27 develop eligibility for the program. 2.28 The camp shall be a highly structured 2.29 program and teach work skills, such as 2.30 responsibility, organization, time 2.31 management, and follow through. The 2.32 juvenile offenders will each develop a 2.33 community service plan that will be 2.34 implemented upon return to the 2.35 community. The program shall receive 2.36 referrals from youth service agencies, 2.37 police, school officials, parents, and 2.38 the courts. 2.39 (b) A program at Camp Ripley that will 2.40 target third- and fourth-time juvenile 2.41 offenders and will be designed 2.42 utilizing the outdoors environment of 2.43 the camp. The commissioner shall 2.44 develop eligibility for the program. 2.45 The camp shall be a highly structured 2.46 program and teach work skills, such as 2.47 responsibility, time management, 2.48 organization, and follow through. The 2.49 camp will include an aftercare 2.50 component planned with each juvenile 2.51 offender and high risk child. The 2.52 aftercare plan shall provide each 2.53 juvenile offender and high risk child 2.54 with a more supportive environment upon 2.55 return to society. Referrals for this 2.56 program will come from juvenile courts. 2.57 (c) A boot camp program. The program 2.58 shall be a boot camp at Camp Ripley for 2.59 juvenile offenders with multiple or 2.60 more serious offenses. The 2.61 commissioner shall develop eligibility 2.62 criteria for offenders. The program 3.1 will provide a one year aftercare 3.2 component that will include community 3.3 service and mentoring. Referrals for 3.4 this program will come from district 3.5 courts. By year 2000 this program must 3.6 become self-sustaining. 3.7 Subd. 2. MCF-Red Wing and 3.8 MCF-Sauk Centre 900,000 900,000 3.9 This appropriation is for special needs 3.10 of juvenile offenders in MCF-Red Wing 3.11 and MCF-Sauk Centre correctional 3.12 facilities. The commissioner of 3.13 corrections shall use funds to develop 3.14 and implement strong vocational, 3.15 educational, and cognitive 3.16 skill-building programming for serious 3.17 juvenile offenders at MCF-Red Wing. 3.18 The commissioner shall use funds to 3.19 supplement services for serious 3.20 juvenile offenders who are sex 3.21 offenders, mentally ill offenders, or 3.22 chemical abuse offenders at MCF-Sauk 3.23 Centre. The commissioner shall also 3.24 use funds for specific programming for 3.25 juvenile female offenders recognizing 3.26 that male-specific programs are 3.27 inappropriate for this population. An 3.28 aftercare component will be included 3.29 for all juvenile offenders. 3.30 Subd. 3. Aftercare Services 130,000 130,000 3.31 This appropriation shall be used by the 3.32 commissioner of corrections to improve 3.33 aftercare services for juveniles 3.34 released from correctional facilities 3.35 by adding two professional and one 3.36 clerical positions. 3.37 The commissioner shall design the 3.38 juvenile support network to provide 3.39 aftercare services for these 3.40 offenders. The network will coordinate 3.41 support services in the community for 3.42 returning juveniles. Counties, 3.43 communities, and schools will develop 3.44 and implement the network. The 3.45 commissioner shall require aftercare 3.46 programs to be incorporated into 3.47 Community Corrections Act plans. 3.48 Subd. 4. Victim Notification 3.49 System 80,000 60,000 3.50 The commissioner of corrections shall 3.51 use this appropriation to implement a 3.52 victim notification system designed to 3.53 reduce the probability of further 3.54 harassment of the victim. The system 3.55 must allow the victim to make toll-free 3.56 calls to a "call center" and obtain 3.57 information about inmates regarding 3.58 their current status and location. 3.59 Subd. 5. Fugitive Unit 225,000 225,000 3.60 This appropriation is for the 3.61 commissioner of corrections to increase 3.62 the complement of the fugitive unit and 4.1 to increase the reward money used to 4.2 facilitate capture of fugitives. 4.3 Subd. 6. Resource Allocation 4.4 Innovation Grants 1,500,000 1,500,000 4.5 This appropriation is to make grants to 4.6 the judicial districts to make the 4.7 administration of civil and criminal 4.8 justice more effective and efficient. 4.9 The grants must require applicants to 4.10 submit judicial resource allocation 4.11 plans which include such innovations as 4.12 drug courts, night courts, and family 4.13 courts. Grants must be approved by the 4.14 commissioner of corrections before any 4.15 funds are distributed. 4.16 Sec. 4. PUBLIC SAFETY 4.17 Subdivision 1. Total 4.18 Appropriation 19,063,000 12,753,000 4.19 SUMMARY BY FUND 4.20 1998 1999 4.21 General 10,182,000 7,331,000 4.22 Trunk Highway 8,881,000 5,422,000 4.23 The amounts that may be spent from this 4.24 appropriation for each program are 4.25 specified in the following subdivisions. 4.26 Subd. 2. Administration and 4.27 Related Services 4.28 1,803,000 1,803,000 4.29 Summary by Fund 4.30 General 1,228,000 1,228,000 4.31 Trunk Highway 575,000 575,000 4.32 $1,703,000 the first year and 4.33 $1,703,000 the second year are to 4.34 develop and implement the 4.35 infrastructure for a coordinated and 4.36 integrated statewide criminal and 4.37 juvenile justice information system; 4.38 and to develop the processes and 4.39 automated functionality that will 4.40 provide statewide access to existing 4.41 and future criminal and juvenile 4.42 justice-oriented databases. 4.43 $100,000 the first year and $100,000 4.44 the second year are for soft body armor 4.45 reimbursements under Minnesota 4.46 Statutes, section 299A.38. 4.47 Subd. 3. Bureau of Criminal Apprehension 4.48 5,670,000 3,448,000 4.49 Summary by Fund 4.50 General 5,670,000 3,448,000 5.1 $1,002,000 the first year and $704,000 5.2 the second year are to create a 5.3 statewide gang unit consisting of 5.4 local, county, state, and federal law 5.5 enforcement personnel. The 5.6 appropriation is for overall 5.7 coordination, necessary equipment 5.8 maintenance and procurement, facility 5.9 rental, other operational needs of the 5.10 task force, and for ten agents and one 5.11 clerical for the bureau for assignment 5.12 to the statewide gang unit. 5.13 $4,668,000 the first year and 5.14 $2,744,000 the second year are to 5.15 develop and implement the 5.16 infrastructure for a coordinated and 5.17 integrated statewide criminal and 5.18 juvenile justice information system; 5.19 and to develop the processes and 5.20 automated functionality that will 5.21 provide statewide access to existing 5.22 and future criminal and juvenile 5.23 justice-oriented databases. 5.24 Subd. 4. State Patrol 5.25 9,840,000 5,752,000 5.26 Summary by Fund 5.27 General 1,534,000 905,000 5.28 Trunk Highway 8,306,000 4,847,000 5.29 $1,441,000 the first year and $883,000 5.30 the second year from the general fund 5.31 and $6,631,000 the first year and 5.32 $4,423,000 the second year from the 5.33 trunk highway fund to increase the 5.34 complement of the state patrol. 5.35 The complement of the state patrol is 5.36 increased by 75 troopers, 11 radio 5.37 communications operators, 12 clerical 5.38 positions, one personnel 5.39 representative, and two information 5.40 officers. Fifteen troopers must be 5.41 assigned to the special response team 5.42 to assist local and county agencies in 5.43 combating crime and in other special 5.44 circumstances upon request. 5.45 $93,000 the first year and $22,000 the 5.46 second year from the general fund and 5.47 $1,675,000 the first year and $424,000 5.48 the second year from the trunk highway 5.49 fund are to develop and implement a 5.50 computer-aided dispatching, records 5.51 management, and station office 5.52 automation systems. 5.53 Subd. 5. Law Enforcement Community Grants 5.54 1,750,000 1,750,000 5.55 Summary by Fund 5.56 General 1,750,000 1,750,000 5.57 This appropriation is to provide 6.1 funding for grants under Minnesota 6.2 Statutes, section 299A.62, subdivision 6.3 1, clause (2), to enable local law 6.4 enforcement agencies to assign overtime 6.5 officers to high crime areas within 6.6 their jurisdictions. $100,000 of the 6.7 $1,750,000 each year is for the 6.8 administration of the program. 6.9 Sec. 5. DEPARTMENT OF CHILDREN, 6.10 FAMILIES, AND LEARNING 6.11 After-School 6.12 Enrichment Program 5,000,000 5,000,000 6.13 This appropriation is for youth 6.14 enrichment grants as provided under 6.15 article 3, section 1. 6.16 Sec. 6. DEPARTMENT OF 6.17 MILITARY AFFAIRS 1,940,000 1,940,000 6.18 This appropriation is for 6.19 administrative costs associated with 6.20 youth activities at National Guard 6.21 training and community centers 6.22 (armories) throughout the state. 6.23 ARTICLE 2 6.24 TEEN COURT PROGRAM 6.25 Section 1. [260.127] [TEEN COURT PROGRAMS.] 6.26 Subdivision 1. [DEFINITIONS.] The terms defined in this 6.27 subdivision apply to this section. 6.28 (a) [TEEN COURT; TEEN COURT PROGRAM.] "Teen court" or 6.29 "teen court program" means an alternative procedure under which 6.30 the court, local law enforcement, schools, or probation may 6.31 defer or dismiss charges against a youth who has committed an 6.32 act that could result in being charged with a minor offense upon 6.33 the condition that the youth voluntarily appear before and 6.34 receive a sentence from a jury of the youth's peers and 6.35 successfully complete the terms and conditions of the sentence. 6.36 (b) [TEEN.] "Teen" means an individual who has attained 6.37 the age of 12 years and is under 18 years of age. 6.38 (c) [MINOR OFFENSE.] "Minor offense" means any nonviolent 6.39 misdemeanor, petty misdemeanor, or juvenile petty offense. 6.40 Subd. 2. [SUPREME COURT RULES.] The supreme court is 6.41 requested to adopt rules consistent with this section governing 6.42 the teen court program. These rules include, but are not 6.43 limited to, any procedural or practice rules necessary to 6.44 implement the program by December 31, 1997. 7.1 Subd. 3. [PETITION TO ESTABLISH TEEN COURT.] A group of 7.2 two or more individuals may petition the juvenile court to 7.3 establish a teen court. Groups may include school districts, 7.4 judges, police, corrections personnel, counties, other 7.5 municipalities, existing culturally specific community 7.6 organizations, private and nonprofit service providers, local 7.7 foundations, community-based service groups, businesses, and 7.8 parents. The petition must include: 7.9 (1) the names, addresses, and phone numbers of the adult 7.10 sponsors; 7.11 (2) the names, addresses, and phone numbers of all teens 7.12 who have signed letters of commitment to voluntarily participate 7.13 as team court members in the teen court program; and 7.14 (3) certification from adult sponsors that there is 7.15 adequate adult sponsorship and that there is a large enough pool 7.16 of teen volunteers to make the functioning of the teen court 7.17 feasible and meaningful. 7.18 Subd. 4. [SUPREME COURT APPROVAL OF TEEN COURT.] The court 7.19 shall forward all petitions to the supreme court for its 7.20 approval and consent indicating whether or not the petitions 7.21 meet the requirements in subdivision 3. The report approving 7.22 adoption of the teen court from the supreme court shall include 7.23 the name, address, and phone number of a sponsoring adult or 7.24 entity and the name of the juvenile court judge. 7.25 Subd. 5. [ESTABLISHING TEEN COURT PROGRAM BY ORDER.] In 7.26 addition to other powers authorized by this section or under the 7.27 rules adopted by the supreme court, a juvenile judge may by 7.28 order establish a teen court program in accordance with this 7.29 section. The teen court shall be established to provide a 7.30 disposition alternative for teens charged with minor offenses, 7.31 teens eligible for diversion under section 388.24, or teens 7.32 otherwise referred to teen court for hearing by any peace 7.33 officer or school official. The order may set training 7.34 standards for participation in the teen court. 7.35 Subd. 6. [REFERRAL TO TEEN COURT PROGRAM.] (a) After 7.36 approval of a teen court petition under subdivision 4, the 8.1 juvenile court may consider teen court referrals. When a 8.2 petition has been filed under section 260.131, a juvenile court 8.3 may defer adjudication proceedings against a teen alleged to 8.4 have committed a minor offense and order the teen to participate 8.5 in a teen court program if: 8.6 (1) the teen defendant acknowledges responsibility for the 8.7 offense, with the consent of, or in the presence of, the 8.8 defendant's parents or legal guardian; 8.9 (2) the restitution amount, if any, owed to any victim has 8.10 been determined by the juvenile court or is submitted to the 8.11 teen jury with a request for a recommendation to be made to the 8.12 juvenile court; 8.13 (3) the defendant requests on the record to participate in 8.14 the teen court program and agrees that deferral of further 8.15 proceedings in the action filed in the juvenile court is 8.16 conditioned upon the defendant's successful completion of the 8.17 teen court program; and 8.18 (4) the juvenile court determines that the defendant will 8.19 benefit from participation in the teen court program. 8.20 (b) Referrals also may be made directly to the teen court 8.21 program by local law enforcement and school officials. 8.22 Subd. 7. [DISMISSAL; REFERRAL FOR ADJUDICATION.] If the 8.23 juvenile court determines that the teen defendant has 8.24 successfully completed the teen court program, the juvenile 8.25 court may discharge the teen and dismiss the petition. 8.26 If the teen defendant fails to successfully complete the 8.27 prescribed teen court program, the juvenile court shall proceed 8.28 with adjudication of delinquency under chapter 260. 8.29 Subd. 8. [DISMISSAL OF PETITION.] Discharge and dismissal 8.30 of a juvenile delinquency petition under this section is not an 8.31 adjudication of delinquency for any purpose. 8.32 Subd. 9. [FEE.] The juvenile court may require the teen to 8.33 pay a nonrefundable fee to cover costs of administering the 8.34 program. The fee shall be set by the court and shall not exceed 8.35 $10. Fees collected by the juvenile court shall be transmitted 8.36 to the county treasurer, who shall credit them to the county 9.1 treasury. The cost of the teen program shall be paid by the 9.2 county. 9.3 Subd. 10. [TEEN PROGRAM COMPONENTS.] A teen court program 9.4 must provide that: 9.5 (1) the teen defendant must admit guilt and voluntarily 9.6 agree to participate in the teen court program; 9.7 (2) the judge of the teen court shall be the judge of the 9.8 juvenile court or an attorney admitted to practice in this state 9.9 appointed by the juvenile court to serve in a voluntary 9.10 capacity, and shall serve at the pleasure of the juvenile court; 9.11 (3) the juvenile court shall establish teen courts in its 9.12 district by issuing an order establishing procedures in 9.13 conformance with this section and the uniform procedures for 9.14 teen courts prescribed by the supreme court; 9.15 (4) the juvenile court may designate its courtroom and 9.16 other facilities, school facilities, or other community 9.17 facilities for use by the teen court program during times when 9.18 the courtroom and facilities are not required for normal 9.19 operations; 9.20 (5) every teen defendant appearing in teen court shall be 9.21 accompanied by a parent or guardian; 9.22 (6) the teen court jury shall impose restitution, if any, 9.23 in the amount established by the juvenile court or shall submit 9.24 recommendations to the court for approval; 9.25 (7) contact with the victim has been made or attempted by 9.26 the teen court coordinator or the referring source, and the 9.27 victim is given the opportunity to participate in the teen court 9.28 proceeding; 9.29 (8) the juvenile court, in accordance with the rules 9.30 adopted by the supreme court, shall establish a range of 9.31 sentencing alternatives appropriate for its community for any 9.32 case referred to teen court. Sentencing alternatives shall 9.33 include, but are not limited to: 9.34 (i) community service as authorized by the juvenile court; 9.35 (ii) mandatory participation in law-related education 9.36 classes, appropriate counseling, treatment, or other education 10.1 programs; 10.2 (iii) a requirement that the teen defendant participate at 10.3 least once as a juror in proceedings before the teen court; and 10.4 (iv) fines, if any, not to exceed the statutory amount; and 10.5 (9) the teen court jury shall not have the power to impose 10.6 a term of imprisonment. 10.7 Subd. 11. [EVALUATION, REPORTS.] (a) The results of all 10.8 proceedings in teen court shall be reported to the supreme court. 10.9 Reports must be on a form provided by the supreme court upon 10.10 notice that a teen court has been established. A report shall 10.11 be submitted quarterly not later than January 15, April 15, July 10.12 15, and October 15 for activity during the preceding quarter. 10.13 (b) The juvenile court shall report to the supreme court by 10.14 January 15 each year on each teen court in its jurisdiction. 10.15 The report must cover each teen court's progress on achieving 10.16 outcome measures and indicators. The juvenile court shall 10.17 establish standards for progress before the first hearing of 10.18 each teen court is conducted. Recidivism analysis for teen 10.19 court participants shall be included in this report based on a 10.20 method of measuring these rates that is determined by the 10.21 supreme court. 10.22 (c) Five percent of the appropriation in article 1, section 10.23 1, is allocated to assist the juvenile court and communities in 10.24 developing outcomes and indicators based on uniform statewide 10.25 evaluative criteria with standards for measuring the statewide 10.26 progress of Minnesota's teen court program. 10.27 Sec. 2. [EFFECTIVE DATE.] 10.28 Section 1, subdivisions 1 and 2, are effective the day 10.29 after final enactment. 10.30 Section 1, subdivisions 3 to 11, are effective March 1, 10.31 1997. 10.32 ARTICLE 3 10.33 AFTER-SCHOOL ENRICHMENT PROGRAMS 10.34 Section 1. Laws 1996, chapter 412, article 4, section 30, 10.35 subdivision 4, is amended to read: 10.36 Subd. 4. [PLAN.] By July 1, 1996, a community 11.1 collaborative, consisting of representatives of community 11.2 organizations and representatives of the county, city, and 11.3 school district, shall develop a plan for an after-school 11.4 enrichment program for children agesnineeight through 13 who 11.5 reside in the designated neighborhood to be served. Reading 11.6 mentorship programs may be included in the plan. Each community 11.7 collaborative developing a plan shall identify points of 11.8 collaboration with other organizations and resources available 11.9 to implement an after-school enrichment program. The plan shall 11.10 include: 11.11 (1) collaboration and leverage of community resources that 11.12 exist and are effective; 11.13 (2) creative outreach to the children; 11.14 (3) collaboration of grassroots organizations; 11.15 (4) local governments and schools acting as resources; 11.16 (5) community control over the design of the enrichment 11.17 program; 11.18 (6) the availability of enrichment activities for a minimum 11.19 of five days per week after school with future plans to extend 11.20 to seven days per week; and 11.21 (7) identification of the sources of nonstate funding to 11.22 extend the programming beyond the period of the pilot grant. 11.23 ARTICLE 4 11.24 HARASSMENT AND STALKING CRIMES 11.25 Section 1. Minnesota Statutes 1996, section 609.749, 11.26 subdivision 1, is amended to read: 11.27 Subdivision 1. [DEFINITION.] As used in this section, 11.28 "harass" means to engage in intentional conduct in a manner that: 11.29 (1) would cause a reasonable person under the circumstances 11.30 to feel frightened, threatened, oppressed, persecuted, or 11.31 intimidated; and 11.32 (2) causes this reaction on the part of the victim. 11.33 Sec. 2. Minnesota Statutes 1996, section 609.749, is 11.34 amended by adding a subdivision to read: 11.35 Subd. 1a. [PROOF OF INTENT.] In a prosecution under this 11.36 section, the state is not required to: 12.1 (1) prove that the actor had the specific intent to cause 12.2 the victim to feel frightened, threatened, oppressed, 12.3 persecuted, or intimidated; or 12.4 (2) except as otherwise provided in subdivision 3, clause 12.5 (4), prove that the actor had the specific intent to cause any 12.6 other result. 12.7 Sec. 3. Minnesota Statutes 1996, section 609.749, 12.8 subdivision 2, is amended to read: 12.9 Subd. 2. [HARASSMENT AND STALKING CRIMES.] A person who 12.10 harasses another by committing any of the following acts is 12.11 guilty of a gross misdemeanor: 12.12 (1) directly or indirectly manifests a purpose or intent to 12.13 injure the person, property, or rights of another by the 12.14 commission of an unlawful act; 12.15 (2) stalks, follows, or pursues another; 12.16 (3) returns to the property of another if the actor is 12.17 without claim of right to the property or consent of one with 12.18 authority to consent; 12.19 (4) repeatedly makes telephone calls, or induces a victim 12.20 to make telephone calls to the actor, whether or not 12.21 conversation ensues; 12.22 (5) makes or causes the telephone of another repeatedly or 12.23 continuously to ring; 12.24 (6) repeatedly uses theeitherat the place wherethea call is either made 12.32 orwhere it isreceived. The conduct described in clause (6) 12.33 may be prosecutedeitherwhere themail is deposited or where it12.34isletter, telegram, message, package, or other object is either 12.35 sent or received. 12.36 Sec. 4. [EFFECTIVE DATE.] 13.1 Sections 1 to 3 are effective the day following final 13.2 enactment and apply to crimes committed on or after that date.