as introduced - 91st Legislature (2019 - 2020) Posted on 02/19/2020 01:07pm
A bill for an act
relating to juvenile justice; providing for juvenile risk assessments; addressing
issues relating to juveniles including alternatives to arrest and use of restraints;
amending Minnesota Statutes 2018, section 260B.176, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 260B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) As used in this section, "restraints" means a mechanical or other device that constrains
the movement of a person's body or limbs.
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(b) Restraints may not be used on a child appearing in court in a proceeding under this
chapter unless the court finds that:
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(1) the use of restraints is necessary:
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(i) to prevent physical harm to the child or another; or
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(ii) to prevent the child from fleeing in situations in which the child presents a substantial
risk of flight from the courtroom; and
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(2) there are no less restrictive alternatives to restraints that will prevent flight or physical
harm to the child or another, including but not limited to the presence of court personnel,
law enforcement officers, or bailiffs.
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The finding in clause (1), item (i), may be based, among other things, on the child having
a history of disruptive courtroom behavior or behavior while in custody for any current or
prior offense that has placed others in potentially harmful situations, or presenting a
substantial risk of inflicting physical harm on the child or others as evidenced by past
behavior. The court may take into account the physical structure of the courthouse in
assessing the applicability of the above factors to the individual child.
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(c) The court shall be provided the child's behavior history and shall provide the child
an opportunity to be heard in person or through counsel before ordering the use of restraints.
If restraints are ordered, the court shall make findings of fact in support of the order.
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(d) By April 1, 2021, each judicial district shall develop a protocol to address how to
implement and comply with this section. In developing the protocol, a district shall consult
with law enforcement agencies, prosecutors, public defenders within the district, and any
other entity deemed necessary by the district's chief judge.
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Paragraphs (a), (b), and (c) are effective April 15, 2021. Paragraph
(d) is effective the day following final enactment.
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Minnesota Statutes 2018, section 260B.176, is amended by adding a subdivision
to read:
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If a peace officer or probation or parole officer
who took a child into custody does not release the child as provided in subdivision 1, the
peace officer or probation or parole officer shall communicate with or deliver the child to
a juvenile secure detention facility to determine whether the child should be released or
detained. Before detaining a child, the supervisor of the facility shall use an objective and
racially, ethnically, and gender-responsive juvenile detention risk assessment instrument
developed by the commissioner, county, group of counties, or judicial district, in consultation
with the state coordinator or coordinators of the Minnesota Juvenile Detention Alternative
Initiative. The risk assessment instrument must assess the likelihood that a child released
from preadjudication detention under this section or section 260B.178 would endanger
others or not return for a court hearing. The instrument must identify the appropriate setting
for a child who might endanger others or not return for a court hearing pending adjudication,
with either continued detention or placement in a noncustodial community-based supervision
setting. The instrument must also identify the type of noncustodial community-based
supervision setting necessary to minimize the risk that a child who is released from custody
will endanger others or not return for a court hearing. If, after using the instrument, a
determination is made that the child should be released, the person taking the child into
custody or the supervisor of the facility shall release the child as provided in subdivision 1.
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This section is effective August 15, 2021.
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