HF 3024

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

  1.1                          A bill for an act 
  1.2             relating to courts; specifying certain information 
  1.3             that must be included in a juvenile court record; 
  1.4             amending Minnesota Statutes 1994, section 260.161, 
  1.5             subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 260.161, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
  1.10  juvenile court judge shall keep such minutes and in such manner 
  1.11  as the court deems necessary and proper.  Except as provided in 
  1.12  paragraph (b), the court shall keep and maintain records 
  1.13  pertaining to delinquent adjudications until the person reaches 
  1.14  the age of 28 years and shall release the records on an 
  1.15  individual to another juvenile court that has jurisdiction of 
  1.16  the juvenile, to a requesting adult court for purposes of 
  1.17  sentencing, or to an adult court or juvenile court as required 
  1.18  by the right of confrontation of either the United States 
  1.19  Constitution or the Minnesota Constitution.  The juvenile court 
  1.20  shall provide, upon the request of any other juvenile court, 
  1.21  copies of the records concerning adjudications involving the 
  1.22  particular child.  The court also may provide copies of records 
  1.23  concerning delinquency adjudications, on request, to law 
  1.24  enforcement agencies, probation officers, and corrections agents 
  1.25  if the court finds that providing these records serves public 
  2.1   safety or is in the best interests of the child.  The records 
  2.2   have the same data classification in the hands of the agency 
  2.3   receiving them as they had in the hands of the court. 
  2.4      The court shall also keep an index in which files 
  2.5   pertaining to juvenile matters shall be indexed under the name 
  2.6   of the child.  After the name of each file shall be shown the 
  2.7   file number and, if ordered by the court, the book and page of 
  2.8   the register in which the documents pertaining to such file are 
  2.9   listed.  The court shall also keep a register properly indexed 
  2.10  in which shall be listed under the name of the child all 
  2.11  documents filed pertaining to the child and in the order filed.  
  2.12  The list shall show the name of the document and the date of 
  2.13  filing thereof.  The juvenile court legal records shall be 
  2.14  deposited in files and shall include the names of the child's 
  2.15  parents, the petition, summons, notice, findings, orders, 
  2.16  decrees, judgments, and motions and such other matters as the 
  2.17  court deems necessary and proper.  Unless otherwise provided by 
  2.18  law, all court records shall be open at all reasonable times to 
  2.19  the inspection of any child to whom the records relate, and to 
  2.20  the child's parent and guardian. 
  2.21     (b) The court shall retain records of the court finding 
  2.22  that a juvenile committed an act that would be a violation of, 
  2.23  or an attempt to violate, section 609.342, 609.343, 609.344, or 
  2.24  609.345, until the offender reaches the age of 28.  If the 
  2.25  offender commits another violation of sections 609.342 to 
  2.26  609.345 as an adult, or the court convicts a child as an 
  2.27  extended jurisdiction juvenile, the court shall retain the 
  2.28  juvenile records for as long as the records would have been 
  2.29  retained if the offender had been an adult at the time of the 
  2.30  juvenile offense.  This paragraph does not apply unless the 
  2.31  juvenile was provided counsel as required by section 260.155, 
  2.32  subdivision 2.