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HF 714

as introduced - 89th Legislature (2015 - 2016) Posted on 02/12/2015 04:53pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to juvenile justice; addressing numerous issues relating to juveniles
including diversion, use of restraints, public hearings, Department of Human
Services collateral sanctions, and alternatives to detention; appropriating money;
amending Minnesota Statutes 2014, sections 244.05, subdivisions 4, 5; 245C.14,
subdivision 1; 245C.24, subdivision 2; 260B.001, subdivision 2; 260B.125,
by adding a subdivision; 260B.130, subdivision 4; 260B.163, subdivision 1;
609.106, subdivision 2, by adding a subdivision; 609.3455, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 260B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

JUVENILE PROCEEDINGS

Section 1.

Minnesota Statutes 2014, section 260B.001, subdivision 2, is amended to
read:


Subd. 2.

Delinquency.

The purpose of the laws relating to children alleged or
adjudicated to be delinquent is to promote the public safety deleted text begin and reducedeleted text end new text begin by reducingnew text end
juvenile delinquency by maintaining the integrity of the substantive law prohibiting
certain behavior and by developing individual responsibility for lawful behavior. This
purpose should be pursued through means that are fair and just, that recognize the unique
characteristics and needs of children, and that give children access to opportunities for
personal and social growth.

Sec. 2.

new text begin [260B.008] USE OF RESTRAINTS.
new text end

new text begin (a) As used in this section, "restraints" means a mechanical or other device that
constrains the movement of a person's body or limbs.
new text end

new text begin (b) Restraints may not be used on a child appearing in court in a proceeding under
this chapter unless the court finds that:
new text end

new text begin (1) the use of restraints is necessary:
new text end

new text begin (i) to prevent physical harm to the child or another; or
new text end

new text begin (ii) to prevent the child from fleeing in situations in which the child presents a
substantial risk of flight from the courtroom; and
new text end

new text begin (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.
new text end

new text begin The finding in clause (1), item (i), may be based, among other things, on the child having
a history of disruptive courtroom behavior 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 recent behavior.
new text end

new text begin (c) The court shall provide the child an opportunity to be heard before ordering
the use of restraints. If restraints are ordered, the court shall make findings of fact in
support of the order.
new text end

Sec. 3.

Minnesota Statutes 2014, section 260B.163, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) Except for hearings arising under section 260B.425,
hearings on any matter shall be without a jury and may be conducted in an informal
manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the
right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant
to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings
involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile
petty offender, and hearings conducted pursuant to section 260B.125 except to the extent
that the rules themselves provide that they do not apply.

(b) When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the minor in accordance with
the provisions of sections 260B.001 to 260B.421.

(c) Except as otherwise provided in this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end , the court shall
exclude the general public from hearings under this chapter and shall admit only those
persons who, in the discretion of the court, have a direct interest in the case or in the work
of the court. The court shall permit the victim of a child's delinquent act to attend any
related delinquency proceeding, except that the court may exclude the victim:

(1) as a witness under the Rules of Criminal Procedure; deleted text begin anddeleted text end new text begin or
new text end

(2) from portions of a deleted text begin certificationdeleted text end hearing to discuss psychological material or other
evidence that would not be accessible to the publicnew text begin in an adult proceedingnew text end .

new text begin (d) new text end The court shall open the hearings to the public deleted text begin in delinquency or extended
jurisdiction juvenile proceedings where
deleted text end new text begin if new text end the child is alleged to have committed an offense
or has been proven to have committed an offense that would be a felony if committed by an
adult deleted text begin anddeleted text end new text begin , new text end the child was at least 16 years of age at the time of the offensedeleted text begin , except thatdeleted text end new text begin and:
new text end

new text begin (1) the hearing is a certification proceeding; or
new text end

new text begin (2) the hearing is an extended juvenile jurisdiction proceeding and the prosecutor
has requested that the hearing be open.
new text end


The court may exclude the public from portions of a deleted text begin certificationdeleted text end hearing to discuss
psychological material or other evidence that would not be accessible to the public in
an adult proceeding.

deleted text begin (d)deleted text end new text begin (e) new text end In all delinquency cases a person named in the charging clause of the petition
as a person directly damaged in person or property shall be entitled, upon request, to be
notified by the court administrator in writing, at the named person's last known address, of
(1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.

Sec. 4.

new text begin [260B.1755] LAW ENFORCEMENT DIVERSION OF NONVIOLENT
JUVENILE OFFENDERS AUTHORIZED.
new text end

new text begin (a) A peace officer may refer a child that the officer has the lawful authority to arrest
or has arrested to a diversion program that the law enforcement agency with jurisdiction
over the child deems appropriate.
new text end

new text begin (b) This section applies only to nonviolent offenses and does not apply to peace
officers acting pursuant to an order or warrant described in section 260B.175, subdivision
1, paragraph (a), or other court order to take a child into custody.
new text end

new text begin (c) A diversion program authorized by this section may defer prosecution of
juvenile offenders who agree to complete appropriate conditions. Upon completion of the
conditions, the charge shall be dismissed. Both petty offenders and delinquents may be
diverted.
new text end

Sec. 5. new text begin RULE SUPERSEDED.
new text end

new text begin Minnesota Rule of Juvenile Procedure, rule 2.03, subdivision 1, is superseded to the
extent it conflicts with section 2.
new text end

ARTICLE 2

SENTENCES

Section 1. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end

new text begin The legislature finds that emerging research on brain development indicates that
adolescent brains, and thus adolescent intellectual and emotional capabilities, differ
significantly from those of mature adults. It is appropriate to take these differences into
consideration when sentencing extended jurisdiction juveniles and juveniles tried as
adults. The legislature further finds that requiring mandatory minimum sentences for these
juveniles prevents judges from taking these differences into consideration in appropriate
circumstances. The legislature intends to eliminate the nondiscretionary application of
mandatory minimum sentences to extended jurisdiction juveniles and to juveniles tried as
adults, while continuing to apply all other adult sentencing provisions to these juveniles.
new text end

Sec. 2.

Minnesota Statutes 2014, section 244.05, subdivision 4, is amended to read:


Subd. 4.

Minimum imprisonment, life sentence.

(a) An inmate serving a
mandatory life sentence under section 609.106new text begin , subdivision 2,new text end or 609.3455, subdivision 2,
new text begin paragraph (a), new text end must not be given supervised release under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
(5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given
supervised release under this section without having served a minimum term of 30 years.

(c) An inmate serving a mandatory life sentence under section 609.385 must not
be given supervised release under this section without having served a minimum term of
imprisonment of 17 years.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
3
or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.

new text begin (e) An inmate serving a mandatory life sentence under section 609.106, subdivision
3, or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under
this section without having served a minimum term of imprisonment of 20 years.
new text end

Sec. 3.

Minnesota Statutes 2014, section 244.05, subdivision 5, is amended to read:


Subd. 5.

Supervised release, life sentence.

(a) The commissioner of corrections
may, under rules promulgated by the commissioner, give supervised release to an inmate
serving a mandatory life sentence under section 609.185, clause (3), (5), or (6);new text begin 609.106,
subdivision 3;
new text end 609.3455, subdivision new text begin 2, paragraph (c), new text end 3new text begin ,new text end or 4; 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3,
after the inmate has served the minimum
term of imprisonment specified in subdivision 4.

(b) The commissioner shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release
decision under this subdivision. The report shall reflect the sentiment of the various
elements of the community toward the inmate, both at the time of the offense and at the
present time. The report shall include the views of the sentencing judge, the prosecutor,
any law enforcement personnel who may have been involved in the case, and any
successors to these individuals who may have information relevant to the supervised
release decision. The report shall also include the views of the victim and the victim's
family unless the victim or the victim's family chooses not to participate.

(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
of the time and place of the inmate's supervised release review hearing. The victim has
a right to submit an oral or written statement at the review hearing. The statement may
summarize the harm suffered by the victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised release at this time.
The commissioner must consider the victim's statement when making the supervised
release decision.

(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at
a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
other relevant conduct of the inmate while incarcerated or before incarceration. The
commissioner may not give supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
has successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) a comprehensive individual release plan is in place for the inmate that ensures
that, after release, the inmate will have suitable housing and receive appropriate aftercare
and community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

(e) As used in this subdivision, "victim" means the individual who suffered harm as
a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

Sec. 4.

Minnesota Statutes 2014, section 260B.125, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Applicability of mandatory minimum sentences. new text end

new text begin Notwithstanding
any other law to the contrary, when a person who has been convicted of an offense that
has been certified under this section is sentenced, the sentencing court is not required
to sentence the person under the terms of a mandatory minimum sentence that would
otherwise be applicable to the offense.
new text end

Sec. 5.

Minnesota Statutes 2014, section 260B.130, subdivision 4, is amended to read:


Subd. 4.

Disposition.

(a) If an extended jurisdiction juvenile prosecution results in a
guilty plea or finding of guilt, the court shall:

(1) impose one or more juvenile dispositions under section 260B.198; and

(2) impose an adult criminal sentence, the execution of which shall be stayed on
the condition that the offender not violate the provisions of the disposition order and
not commit a new offense.

(b) If a child prosecuted as an extended jurisdiction juvenile after designation by
the prosecutor in the delinquency petition is convicted of an offense after trial that is not
an offense described in subdivision 1, clause (2), the court shall adjudicate the child
delinquent and order a disposition under section 260B.198. If the extended jurisdiction
juvenile proceeding results in a guilty plea for an offense not described in subdivision 1,
clause (2), the court may impose a disposition under paragraph (a) if the child consents.

new text begin (c) Notwithstanding any other law to the contrary, when imposing an adult sentence
under paragraph (a), clause (2), the court is not required to sentence the child under the
terms of a mandatory minimum sentence that would otherwise be applicable to the offense.
new text end

Sec. 6.

Minnesota Statutes 2014, section 609.106, subdivision 2, is amended to read:


Subd. 2.

Life without release.

new text begin Except as provided in subdivision 3, new text end the court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:

(1) the person is convicted of first-degree murder under section 609.185, paragraph
(a)
, clause (1), (2), (4), or (7);

(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, clause (3); or

(3) the person is convicted of first-degree murder under section 609.185, clause (3),
(5), or (6), and the court determines on the record at the time of sentencing that the person
has one or more previous convictions for a heinous crime.

Sec. 7.

Minnesota Statutes 2014, section 609.106, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Offender under age 18; life imprisonment with possibility of release. new text end

new text begin If
the defendant was under 18 years of age at the time of the commission of an offense that
would require a life without release sentence under subdivision 2, and the child has been
certified under section 260B.125 or designated an extended jurisdiction juvenile under
section 260B.130, the court shall sentence the defendant to imprisonment for life.
new text end

Sec. 8.

Minnesota Statutes 2014, section 609.3455, subdivision 2, is amended to read:


Subd. 2.

Mandatory life sentence without release; egregious first-time and
repeat offenders.

(a) new text begin Except as provided in paragraph (c), new text end notwithstanding the statutory
maximum penalty otherwise applicable to the offense, the court shall sentence a person
convicted under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or
609.343, subdivision 1, paragraph (c), (d), (e), (f), or (h), to life without the possibility of
release if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section
609.342, 609.343, or 609.344, and the fact finder determines that a heinous element exists
for the present offense.

(b) A fact finder may not consider a heinous element if it is an element of the
underlying specified violation of section 609.342 or 609.343. In addition, when
determining whether two or more heinous elements exist, the fact finder may not use the
same underlying facts to support a determination that more than one element exists.

new text begin (c) If the defendant was under 18 years of age at the time of the commission of an
offense that would require a life without release sentence under paragraph (a), and the child
has been certified under section 260B.125 or designated an extended jurisdiction juvenile
under section 260B.130, the court shall sentence the defendant to imprisonment for life.
new text end

Sec. 9. new text begin EFFECTIVE DATE; RETROACTIVITY.
new text end

new text begin Sections 2, 3, 6, 7, and 8 are effective the day following final enactment and apply to
offenders sentenced on or after that date, and also retroactively to offenders sentenced to
life without release before that date.
new text end

ARTICLE 3

DEPARTMENT OF HUMAN SERVICES DISQUALIFICATIONS

Section 1.

Minnesota Statutes 2014, section 245C.14, subdivision 1, is amended to read:


Subdivision 1.

Disqualification from direct contact.

(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position
allowing direct contact with persons receiving services from the license holder or entity
identified in section 245C.03, upon receipt of information showing, or when a background
study completed under this chapter shows any of the following:

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in
section 245C.15, regardless of whether the conviction or admission is a felony, gross
misdemeanor, or misdemeanor level crime;

(2) a preponderance of the evidence indicates the individual has committed an act
or acts that meet the definition of any of the crimes listed in section 245C.15, regardless
of whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime; or

(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).

(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact
with persons served by a program or entity identified in section 245C.03, unless the
commissioner has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program
or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual
under section 245C.30.

new text begin (c) No offense that occurred when the individual was a minor shall be the basis for
a disqualification if five or more years have passed since the date of the offense. This
paragraph does not apply to an individual who was convicted of the disqualifying crime
following certification under section 260B.125.
new text end

Sec. 2.

Minnesota Statutes 2014, section 245C.24, subdivision 2, is amended to read:


Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
paragraph (b), the commissioner may not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the
individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.

(b) For an individual in the chemical dependency or corrections field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider
granting a variance pursuant to section 245C.30 for the license holder for a program
dealing primarily with adults. A request for reconsideration evaluated under this paragraph
must include a letter of recommendation from the license holder that was subject to the
prior set-aside decision addressing the individual's quality of care to children or vulnerable
adults and the circumstances of the individual's departure from that service.

(c) When a licensed foster care provider adopts an individual who had received
foster care services from the provider for over six months, and the adopted individual is
required to receive a background study under section 245C.03, subdivision 1, paragraph
(a), clause (2) or (6), the commissioner may grant a variance to the license holder under
section 245C.30 to permit the adopted individual with a permanent disqualification
to remain affiliated with the license holder under the conditions of the variance when
the variance is recommended by the county of responsibility for each of the remaining
individuals in placement in the home and the licensing agency for the home.

new text begin (d) This subdivision shall not apply to any crime or offense committed by a minor.
new text end

ARTICLE 4

ALTERNATIVES TO JUVENILE DETENTION

Section 1. new text begin ALTERNATIVES TO JUVENILE DETENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Grant. new text end

new text begin The commissioner of public safety, through the Office
of Justice Programs, may award a grant to an organization designated as a nonprofit
by section 501(c)(3) of the Internal Revenue Code or a collaboration of organizations
including one or more nonprofit organizations to conduct training, technical support, and
peer learning opportunities for counties across the state interested in "Right on Crime"
strategies, specifically juvenile detention reform and addressing disparities in the juvenile
justice system to accomplish cost-effective interventions that leverage the strength of
families and communities. The collaboration must include at least one organization that
has a demonstrated history in working with Minnesota counties to address disparities in
the juvenile justice system. The intent of the grant is to achieve the following objectives:
new text end

new text begin (1) eliminate the inappropriate or unnecessary use of secure detention;
new text end

new text begin (2) minimize re-arrest and failure-to-appear rates pending adjudication;
new text end

new text begin (3) ensure appropriate conditions of confinement in secure facilities; and
new text end

new text begin (4) reduce racial and ethnic disparities.
new text end

new text begin Subd. 2. new text end

new text begin Grant criteria. new text end

new text begin (a) The grant recipient must:
new text end

new text begin (1) identify and support counties statewide in implementing the eight core strategies
identified by the Annie E. Casey Foundation that are proven to address disparities in
juvenile detention, including collaboration, use of accurate data, objective admissions
criteria and instruments, new or enhanced nonsecure alternatives to detention, case
processing reforms, special detention cases, reducing racial disparities, and improving
conditions of confinement;
new text end

new text begin (2) provide training, technical support, and peer learning opportunities to counties as
each county implements the eight core strategies under clause (1) throughout its county; and
new text end

new text begin (3) consistently collect, use, and report accurate data to diagnose system problems,
adapt strategies, and assess the impact of various training and capacity-building activities.
new text end

new text begin (b) The grant recipient must match at least $100,000 of the grant amount
dollar-for-dollar with money from private sector funds.
new text end

new text begin (c) A portion of the grant must be designated for counties to implement juvenile
detention reform.
new text end

new text begin (d) The commissioner shall ensure that most of the grant money distributed under
this section be used to benefit greater Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Program evaluation. new text end

new text begin The grant recipient must evaluate the effectiveness
of its intervention and work with subcontracted organizations to collect data. The grant
recipient must submit an evaluation plan to the commissioner delineating progress in
meeting the objectives of the grant.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $2,500,000 in fiscal year 2016 and $2,500,000 in fiscal year 2017 are appropriated
from the general fund to the commissioner of public safety for the grant program under
section 1.
new text end