Minnesota Legislature
SF 765
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am
Current Version - as introduced
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A bill for an act
relating to juvenile justice; prohibiting the preadjudication detention of certain
children; requiring a risk assessment instrument to assist in preadjudication
detention release decisions; requiring community-based noncustodial supervision
options for children released from preadjudication detention; appropriating
money; amending Minnesota Statutes 2008, sections 260B.176, subdivision 1,
by adding subdivisions; 260B.178, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 260B.176, subdivision 1, is amended to
read:
Subdivision 1.
Notification; release.
new text begin (a) new text end If a child is taken into custody as provided
in section 260B.175, the parent, guardian, or custodian of the child shall be notified as soon
as possible. deleted text begin Unlessdeleted text end new text begin If the risk assessment instrument described in subdivision 1a indicatesnew text end
there is reason to believe that the child would endanger deleted text begin self ordeleted text end othersdeleted text begin ,deleted text end new text begin or new text end not return for a
court hearing, deleted text begin run away from the child's parent, guardian, or custodian or otherwise not
remain in the care or control of the person to whose lawful custody the child is released,
or that the child's health or welfare would be immediately endangered,deleted text end the child shall be
deleted text begin releaseddeleted text end new text begin kept in custody or placed in a suitable noncustodial community-based alternative
supervision setting as described in subdivision 1b, whichever is appropriate considering
the child's risk assessment score. If there is reason to believe that the child might endanger
the child's self; that the child might run away from the child's parent, guardian, or custodian
or otherwise not remain in the care or control of the person to whose lawful custody the
child is released; or that the child's health or welfare would be immediately endangered,
the child may not be kept in custody but instead shall be placed in a suitable noncustodial
community-based alternative supervision setting. In all other situations, the child shall be
released new text end to the custody of a parent, guardian, custodian, or other suitable person.
new text begin (b) new text end The person to whom the child is released shall promise to bring the child to the
court, if necessary, at the time the court may direct. If the person taking the child into
custody believes it desirable, that person may request the parent, guardian, custodian, or
other person designated by the court to sign a written promise to bring the child to court as
provided above. The intentional violation of such a promise, whether given orally or in
writing, shall be punishable as contempt of court.
The court may require the parent, guardian, custodian, or other person to whom the
child is released, to post any reasonable bail or bond required by the court which shall be
forfeited to the court if the child does not appear as directed. The court may also release
the child on the child's own promise to appear in juvenile court.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2010.
new text end
Sec. 2.
Minnesota Statutes 2008, section 260B.176, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Risk assessment instrument. new text end
new text begin
A person making a release decision under
subdivision 1 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. The risk assessment instrument must assess the likelihood
that a child released from preadjudication detention under section 260B.176 or 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.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2010.
new text end
Sec. 3.
Minnesota Statutes 2008, section 260B.176, is amended by adding a
subdivision to read:
new text begin Subd. 1b. new text end
new text begin Community-based supervision options. new text end
new text begin
Each county or group of
counties shall provide suitable noncustodial community-based alternative supervision
options for children released from custody under subdivision 1. The options must involve
less restrictive noncustodial-based means to supervise children who without proper
supervision may endanger the children's selves or others; who may not return for a court
hearing, run away from their parent, guardian, or custodian or otherwise not remain in the
care or control of the person to whose lawful custody the child is released; or whose health
or welfare might be in immediate danger. The options required under this subdivision
must address the different supervision needs of the described children.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2010.
new text end
Sec. 4.
Minnesota Statutes 2008, section 260B.178, subdivision 1, is amended to read:
Subdivision 1.
Hearing and release requirements.
(a) The court shall hold a
detention hearing:
(1) within 36 hours of the time the child was taken into custody, excluding
Saturdays, Sundays, and holidays, if the child is being held at a juvenile secure detention
facility or shelter care facility; or
(2) within 24 hours of the time the child was taken into custody, excluding Saturdays,
Sundays, and holidays, if the child is being held at an adult jail or municipal lockup.
(b) deleted text begin Unlessdeleted text end new text begin If the court determines new text end there is reason to believe that the child would
endanger deleted text begin self ordeleted text end othersdeleted text begin ,deleted text end new text begin or new text end not return for a court hearing, deleted text begin run away from the child's parent,
guardian, or custodian or otherwise not remain in the care or control of the person to
whose lawful custody the child is released, or that the child's health or welfare would be
immediately endangered,deleted text end the child shall be deleted text begin releaseddeleted text end new text begin kept in custody or placed in a suitable
noncustodial community-based alternative supervision setting as described in section
260B.176, subdivision 1b. In making this determination, the court shall consider the child's
score from the risk assessment instrument described in section 260B.176, subdivision 1a.
If there is reason to believe that the child might endanger the child's self; that the child
might run away from the child's parent, guardian, or custodian or otherwise not remain in
the care or control of the person to whose lawful custody the child is released; or that the
child's health or welfare would be immediately endangered, the child may not be kept in
custody but instead shall be placed in a suitable noncustodial community-based alternative
supervision setting. In all other situations, the child shall be released new text end to the custody of a
parent, guardian, custodian, or other suitable person, subject to reasonable conditions of
release including, but not limited to, a requirement that the child undergo a chemical use
assessment as provided in section 260B.157, subdivision 1, and a children's mental health
screening as provided in section 260B.176, subdivision 2, paragraph (e). In determining
whether the child's health or welfare would be immediately endangered, the court shall
consider whether the child would reside with a perpetrator of domestic child abuse.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2010.
new text end
Sec. 5. new text begin ADOPTION OF JUVENILE DETENTION RISK ASSESSMENT
INSTRUMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Adoption required. new text end
new text begin
By September 15, 2009, the commissioner
of corrections shall adopt an objective and racially, ethnically, and gender-responsive
juvenile detention risk assessment instrument. The instrument must assess the likelihood
that a child released from preadjudication detention under section 260B.176 or 260B.178
would endanger others or not return for a court hearing. The instrument must be designed
to 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.
new text end
new text begin Subd. 2. new text end
new text begin Consultation required. new text end
new text begin
In adopting the risk assessment instrument
required in subdivision 1, the commissioner of corrections shall consult and collaborate
with the commissioners of public safety and human services and individuals throughout
the state who are knowledgeable in matters relating to the detention and treatment of
juvenile offenders and at-risk juveniles including, but not limited to, individuals from
the courts, probation, law enforcement, prosecutorial offices, public defender's offices,
communities of color, social services, juvenile detention and shelter care facilities, and
juvenile residential treatment and correctional facilities. The commissioner shall also
review similar risk assessment instruments in use both inside and outside of the state.
new text end
new text begin Subd. 3. new text end
new text begin Dissemination required. new text end
new text begin
The commissioner of corrections shall make
the risk assessment instrument required in this section available to law enforcement,
correctional, and court personnel throughout the state.
new text end
new text begin Subd. 4. new text end
new text begin Local instruments required. new text end
new text begin
By January 1, 2010, each county, group of
counties, or judicial district making a decision related to the release or detention of a child
under section 260B.176 or 260B.178 shall either adopt the instrument developed by the
commissioner of corrections or develop a risk assessment instrument of their own meeting
the requirements described in subdivision 1.
new text end
Sec. 6. new text begin EFFECT ON RULES OF JUVENILE DELINQUENCY PROCEDURE.
new text end
new text begin
Rules 5.04 and 5.07 of the Rules of Juvenile Delinquency Procedure are superceded
to the extent of their conflict with sections 1 to 5. The Supreme Court is requested to
amend the rules in a manner consistent with sections 1 to 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2010.
new text end
Sec. 7. new text begin APPROPRIATION; GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Appropriations. new text end
new text begin
$....... for the fiscal year ending June 30, 2010, and
$....... for the fiscal year ending June 30, 2011, are appropriated from the general fund
to the commissioner of corrections to adopt the risk assessment instrument required in
Minnesota Statutes, section 242.325, and to make the grants required under subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
The commissioner of corrections shall make grants to counties to
develop and provide the noncustodial community-based alternative supervision options
required in Minnesota Statutes, section 260B.176, subdivision 1b. By January 15, 2012,
the commissioner shall report to the chairs and ranking minority members of the senate
and house of representatives committees and divisions having jurisdiction over juvenile
justice policy and funding on the grants made under this subdivision. The report must
identify the options funded by the grants and assess how well the options are working.
new text end