as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm
A bill for an act
relating to public safety; clarifying detention placement options for extended
jurisdiction juveniles pending revocation hearings; amending Minnesota Statutes
2008, section 260B.130, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 260B.130, subdivision 5, is amended to
read:
new text begin (a) new text end When it appears that a person convicted
as an extended jurisdiction juvenile has violated the conditions of the stayed sentence,
or is alleged to have committed a new offense, the court may, without notice, revoke the
stay and probation and direct that the offender be taken into immediate custody. The court
shall notify the offender in writing of the reasons alleged to exist for revocation of the
stay of execution of the adult sentence. If the offender challenges the reasons, the court
shall hold a summary hearing on the issue at which the offender is entitled to be heard and
represented by counsel.
new text begin
(b) If the offender is under 18 years of age and is to be detained prior to the revocation
hearing, the offender may only be detained in a juvenile secure detention facility or shelter
care facility. If the offender is 18 years of age or older and is to be detained prior to the
revocation hearing, the offender may be detained in a local adult correctional facility.
new text end
new text begin (c)new text end After the hearing, if the court finds that reasons exist to revoke the stay of
execution of sentence, the court shall treat the offender as an adult and order any of the
adult sanctions authorized by section 609.14, subdivision 3, except that no credit shall
be given for time served in juvenile facility custody prior to a summary hearing. If the
offender was convicted of an offense described in subdivision 1, clause (2), and the court
finds that reasons exist to revoke the stay, the court must order execution of the previously
imposed sentence unless the court makes written findings regarding the mitigating factors
that justify continuing the stay.
new text begin (d)new text end Upon revocation, the offender's extended jurisdiction status is terminated and
juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction,
other than commitment to the commissioner of corrections, is with the adult court.