HF 3190

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; requiring the juvenile court 
  1.3             to send data relating to juvenile petitions to the 
  1.4             statewide supervision system; amending Minnesota 
  1.5             Statutes 2000, sections 260B.171, subdivision 2; 
  1.6             299C.09; 299C.147, subdivisions 3, 4; Minnesota 
  1.7             Statutes 2001 Supplement, section 299C.147, 
  1.8             subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 260B.171, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [RECORD OF FINDINGS.] (a) The juvenile court 
  1.13  shall forward to the bureau of criminal apprehension the 
  1.14  following data in juvenile petitions involving felony- or gross 
  1.15  misdemeanor-level offenses: 
  1.16     (1) the name and birthdate of the juvenile, including any 
  1.17  of the juvenile's known aliases or street names; 
  1.18     (2) the act for which the juvenile was petitioned and date 
  1.19  of the offense; and 
  1.20     (3) the date and county where the petition was filed. 
  1.21     (b) Upon completion of the court proceedings, the court 
  1.22  shall forward the court's finding and case disposition to the 
  1.23  bureau.  The court shall specify whether: 
  1.24     (1) the juvenile was referred to a diversion program; 
  1.25     (2) the petition was dismissed, continued for dismissal, or 
  1.26  continued without adjudication; or 
  1.27     (3) the juvenile was adjudicated delinquent. 
  2.1      (c) The juvenile court shall forward to the bureau, the 
  2.2   sentencing guidelines commission, and the department of 
  2.3   corrections the following data on individuals convicted as 
  2.4   extended jurisdiction juveniles: 
  2.5      (1) the name and birthdate of the offender, including any 
  2.6   of the juvenile's known aliases or street names; 
  2.7      (2) the crime committed by the offender and the date of the 
  2.8   crime; 
  2.9      (3) the date and county of the conviction; and 
  2.10     (4) the case disposition. 
  2.11     The court shall notify the bureau, the sentencing 
  2.12  guidelines commission, and the department of corrections 
  2.13  whenever it executes an extended jurisdiction juvenile's adult 
  2.14  sentence under section 260B.130, subdivision 5. 
  2.15     (d) The juvenile court shall forward to the statewide 
  2.16  supervision system described in section 299C.147 the following 
  2.17  data in juvenile petitions for individuals under supervision by 
  2.18  probation agencies or in an out-of-home placement: 
  2.19     (1) the name, address, birth date, race, and gender of the 
  2.20  juvenile, including any of the juvenile's known aliases or 
  2.21  street names; 
  2.22     (2) the act for which the juvenile was petitioned and date 
  2.23  of offense; 
  2.24     (3) the date and county where the petition was filed; 
  2.25     (4) county, date of court action, and court file number of 
  2.26  any adjudication or continuance; 
  2.27     (5) the case disposition, including any conditions of 
  2.28  supervision; and 
  2.29     (6) the discharge or closing date and reason for the case 
  2.30  under supervision. 
  2.31     (d) (e) The bureau, sentencing guidelines commission, and 
  2.32  the department of corrections shall retain the extended 
  2.33  jurisdiction juvenile data for as long as the data would have 
  2.34  been retained if the offender had been an adult at the time of 
  2.35  the offense.  Data retained on individuals under this 
  2.36  subdivision are private data under section 13.02, except that 
  3.1   extended jurisdiction juvenile data becomes public data under 
  3.2   section 13.87, subdivision 2, when the juvenile court notifies 
  3.3   the bureau that the individual's adult sentence has been 
  3.4   executed under section 260B.130, subdivision 5.  
  3.5      Sec. 2.  Minnesota Statutes 2000, section 299C.09, is 
  3.6   amended to read: 
  3.7      299C.09 [SYSTEM FOR IDENTIFYING CRIMINALS; RECORD, INDEX.] 
  3.8      The bureau shall install systems for identification of 
  3.9   criminals, including the fingerprint system, the modus operandi 
  3.10  system, the conditional release data system, and such others as 
  3.11  the superintendent deems proper.  The bureau shall keep a 
  3.12  complete record and index of all information received in 
  3.13  convenient form for consultation and comparison.  The bureau 
  3.14  shall obtain from wherever procurable and file for record finger 
  3.15  and thumb prints, measurements, photographs, plates, outline 
  3.16  pictures, descriptions, modus operandi statements, conditional 
  3.17  release information, or such other information as the 
  3.18  superintendent considers necessary, of persons who have been or 
  3.19  shall hereafter be convicted of a felony, gross misdemeanor, or 
  3.20  an attempt to commit a felony or gross misdemeanor, within the 
  3.21  state, or who are known to be habitual criminals.  To the extent 
  3.22  that the superintendent may determine it to be necessary, the 
  3.23  bureau shall obtain like information concerning persons 
  3.24  convicted of a crime under the laws of another state or 
  3.25  government, the central repository of this records system is the 
  3.26  bureau of criminal apprehension in St. Paul. 
  3.27     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.28  299C.147, subdivision 2, is amended to read: 
  3.29     Subd. 2.  [ESTABLISHMENT.] The bureau department of 
  3.30  corrections shall administer and maintain a computerized data 
  3.31  system for the purpose of assisting criminal justice agencies in 
  3.32  monitoring and enforcing the conditions of conditional release 
  3.33  imposed on criminal offenders by a sentencing court or the 
  3.34  commissioner of corrections.  The adult data and juvenile data 
  3.35  as defined in section 260B.171 in the statewide supervision 
  3.36  system are private data as defined in section 13.02, subdivision 
  4.1   12, but are accessible to criminal justice agencies as defined 
  4.2   in section 13.02, subdivision 3a, to public defenders as 
  4.3   provided in section 611.272, to the district court all trial 
  4.4   courts and appellate courts, and to criminal justice agencies in 
  4.5   other states in the conduct of their official duties.  
  4.6      Sec. 4.  Minnesota Statutes 2000, section 299C.147, 
  4.7   subdivision 3, is amended to read: 
  4.8      Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
  4.9   criminal justice agencies may submit data to the conditional 
  4.10  release data statewide supervision system and only persons who 
  4.11  are authorized users under subdivision 2 may obtain data from 
  4.12  the system.  The commissioner of corrections may require that 
  4.13  any or all information be submitted to the conditional release 
  4.14  data statewide supervision system.  A consent to the release of 
  4.15  data in the conditional release data statewide supervision 
  4.16  system from the individual who is the subject of the data is not 
  4.17  effective.  
  4.18     Sec. 5.  Minnesota Statutes 2000, section 299C.147, 
  4.19  subdivision 4, is amended to read: 
  4.20     Subd. 4.  [PROCEDURES.] The bureau department of 
  4.21  corrections shall adopt procedures to provide for the orderly 
  4.22  collection, entry, retrieval, and deletion of data contained in 
  4.23  the conditional release data statewide supervision system.