SF 1058

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2013 08:45am

A bill for an act
relating to judiciary; modifying registration of a juvenile as a predatory offender;
modifying access to juvenile records; modifying provisions governing hearings
in juvenile court proceedings; amending Minnesota Statutes 2012, sections
243.166, subdivisions 1b, 2, 6; 260B.163, subdivision 1; 260B.171, subdivisions
1, 4; 260B.198, subdivision 7.

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

Section 1.

Minnesota Statutes 2012, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if
new text begin the person is an adult or a child certified under section 260B.125 and new text end :

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of deleted text begin or adjudicated delinquent for deleted text end that offense or another offense arising out of the same
set of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345;
609.3451, subdivision 3; or 609.3453; or

(iv) indecent exposure under section 617.23, subdivision 3;

(2) the person was charged with deleted text begin or petitioned for deleted text end a violation of, or attempt to
violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
609.2325, subdivision 1, paragraph (b), false imprisonment in violation of section
609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of section
609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of
section 609.352; using a minor in a sexual performance in violation of section 617.246;
or possessing pornographic work involving a minor in violation of section 617.247, and
convicted of deleted text begin or adjudicated delinquent for deleted text end that offense or another offense arising out
of the same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was convicted of or adjudicated delinquent for, including pursuant
to a court martial, violating a law of the United States, including the Uniform Code of
Military Justice, similar to the offenses described in clause (1), (2), or (3).

(b) A person also shall register under this section if new text begin the person is an adult or a child
certified under section 260B.125 and new text end :

(1) the person was convicted deleted text begin of or adjudicated delinquent deleted text end in another state for an
offense that would be a violation of a law described in paragraph (a) if committed in
this state;

(2) the person enters this state to reside, work, or attend school, or enters this state
and remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement
or, if the person was not confined, since the person was convicted of deleted text begin or adjudicated
delinquent for deleted text end the offense that triggers registration, unless the person is subject to a longer
registration period under the laws of another state in which the person has been convicted
or adjudicated, or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period
in another state or is subject to lifetime registration, the person shall register for that
time period regardless of when the person was released from confinement, convicted, or
adjudicated delinquent.

(c) A person also shall register under this section if the person new text begin is an adult or a child
certified under section 260B.125 and new text end was committed pursuant to a court commitment
order under section 253B.185 or Minnesota Statutes 1992, section 526.10, or a similar
law of another state or the United States, regardless of whether the person was convicted
of any offense.

(d) A person also shall register under this section if new text begin the person is an adult or a child
certified under section 260B.125 and new text end :

(1) the person was charged with deleted text begin or petitioned for deleted text end a felony violation or attempt to
violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
state or the United States, or the person was charged with deleted text begin or petitioned for deleted text end a violation of
any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
the United States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

new text begin (e) A child who is not certified under section 260B.125 shall register under this
section if:
new text end

new text begin (1) the child was 14 years of age or older when the child committed any of the
offenses under paragraph (a) or a similar law of another state or the United States;
new text end

new text begin (2) the child was adjudicated delinquent or convicted as an extended jurisdiction
juvenile of any of the offenses requiring registration under this subdivision;
new text end

new text begin (3) the court, in its discretion and upon motion of the prosecuting attorney, finds that
the circumstances of the offense require the child to register; and
new text end

new text begin (4) the court considers the following factors when determining whether the child
should register:
new text end

new text begin (i) the degree to which the child used force, threat, or intimidation in committing
the offense;
new text end

new text begin (ii) impact on the victim;
new text end

new text begin (iii) age and maturity of the child;
new text end

new text begin (iv) the difference in age of the victim and child;
new text end

new text begin (v) the child's history of delinquency; and
new text end

new text begin (vi) any other aggravating or mitigating factor that the court determines relevant
to the particular case which may include any or all of the following: compliance on
probation, progress in treatment, and risk assessments and evaluations.
new text end

new text begin The prosecuting attorney may file a motion for registration at any time during
which the juvenile is within the jurisdiction of the court for the offense that is the basis
for the motion.
new text end

Sec. 2.

Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:

Subd. 2.

Notice.

When a person who is required to register under subdivision 1b,
deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) new text begin and (e) new text end , is sentenced or becomes subject to a juvenile court
disposition order, the court shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration requirements, information
about the offender may be made available to the public through electronic, computerized,
or other accessible means. The court may not modify the person's duty to register in the
pronounced sentence or disposition order. The court shall require the person to read and
sign a form stating that the duty of the person to register under this section has been
explained. The court shall forward the signed sex offender registration form, the complaint,
and sentencing documents to the bureau. If a person required to register under subdivision
1b, paragraph (a) new text begin or (e) new text end , was not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections agent shall notify the person
of the requirements of this section. When a person who is required to register under
subdivision 1b, paragraph (c) or (d), is released from commitment, the treatment facility
shall notify the person of the requirements of this section. The treatment facility shall also
obtain the registration information required under this section and forward it to the bureau.

Sec. 3.

Minnesota Statutes 2012, section 243.166, subdivision 6, is amended to read:

Subd. 6.

Registration period.

(a) Notwithstanding the provisions of section
609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person
required to register under this section shall continue to comply with this section until ten
years have elapsed since the person initially registered in connection with the offense, or
until the probation, supervised release, or conditional release period expires, whichever
occurs later. For a person required to register under this section who is committed under
section 253B.18 or 253B.185, the ten-year registration period does not include the period
of commitment.

(b) If a person required to register under this section fails to provide the person's
primary address as required by subdivision 3, paragraph (b), fails to comply with the
requirements of subdivision 3a, fails to provide information as required by subdivision
4a, or fails to return the verification form referenced in subdivision 4 within ten days,
the commissioner of public safety may require the person to continue to register for an
additional period of five years. This five-year period is added to the end of the offender's
registration period.

(c) If a person required to register under this section is subsequently incarcerated
following a conviction for a new offense or following a revocation of probation, supervised
release, or conditional release for any offense, the person shall continue to register until ten
years have elapsed since the person was last released from incarceration or until the person's
probation, supervised release, or conditional release period expires, whichever occurs later.

(d) A person shall continue to comply with this section for the life of that person:

(1) if the person is convicted of deleted text begin or adjudicated delinquent for deleted text end any offense for which
registration is required under subdivision 1b, or new text begin convicted of or adjudicated delinquent for
new text end any offense from another state or any federal offense similar to the offenses described in
subdivision 1b, and the person has a prior conviction or adjudication for an offense for
which registration was or would have been required under subdivision 1b, or an offense
from another state or a federal offense similar to an offense described in subdivision 1b;

(2) if the person is required to register based upon a conviction deleted text begin or delinquency
adjudication deleted text end for an offense under section 609.185, paragraph (a), clause (2), or new text begin convicted
of or adjudicated delinquent for new text end a similar statute from another state or the United States;

(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or
(g); or 609.345, subdivision 1, paragraph (a), (c), or (g); or new text begin convicted of or adjudicated
delinquent for new text end a statute from another state or the United States similar to the offenses
described in this clause; or

(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States.

(e) A person described in subdivision 1b, paragraph (b), who is required to register
under the laws of a state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in this section.

Sec. 4.

Minnesota Statutes 2012, 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 paragraph deleted text end new text begin subdivision new 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 and deleted text end new text begin or
new text end

(2) from portions of a deleted text begin certification deleted text end hearing to discuss psychological material or other
evidence that would not be accessible to the public new text begin in an adult proceeding new 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 and deleted text end new text begin , new text end the child was at least 16 years of age at the time of the offense deleted text begin , except that deleted text end new text begin and:
new text end

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

new text begin (3) the court determines that, due to the violent or serious nature of the alleged
offense, the benefit to public safety of holding an open hearing outweighs the potential
consequences for the child due to the resulting public record.
new text end

The court may exclude the public from portions of a deleted text begin certification deleted 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. 5.

Minnesota Statutes 2012, section 260B.171, subdivision 1, is amended to read:

Subdivision 1.

Records required to be kept.

(a) The juvenile court judge shall
keep such minutes and in such manner as the court deems necessary and proper. Except
as provided in paragraph (b), the court shall keep and maintain records pertaining to
delinquent adjudications until the person reaches the age of 28 years and shall release the
records on an individual to another juvenile court that has jurisdiction of the juvenile, to a
requesting adult court for purposes of sentencing, or to an adult court or juvenile court
as required by the right of confrontation of either the United States Constitution or the
Minnesota Constitution. new text begin The court shall not allow public electronic access to any records
pertaining to delinquency hearings or adjudications after the person reaches the age of
28 years. new text end The juvenile court shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involving the particular child. The court
also may provide copies of records concerning delinquency adjudications, on request, to
law enforcement agencies, probation officers, and corrections agents if the court finds that
providing these records serves public safety or is in the best interests of the child. Juvenile
court delinquency proceeding records of adjudications, court transcripts, and delinquency
petitions, including any probable cause attachments that have been filed or police officer
reports relating to a petition, must be released to requesting law enforcement agencies and
prosecuting authorities for purposes of investigating and prosecuting violations of section
609.229, provided that psychological or mental health reports may not be included with
those records. The agency receiving the records may release the records only as permitted
under this section or authorized by law.

The court shall also keep an index in which files pertaining to juvenile matters shall
be indexed under the name of the child. After the name of each file shall be shown the
file number and, if ordered by the court, the book and page of the register in which the
documents pertaining to such file are listed. The court shall also keep a register properly
indexed in which shall be listed under the name of the child all documents filed pertaining
to the child and in the order filed. The list shall show the name of the document and the
date of filing thereof. The juvenile court legal records shall be deposited in files and
shall include the petition, summons, notice, findings, orders, decrees, judgments, and
motions and such other matters as the court deems necessary and proper. Unless otherwise
provided by law, all court records shall be open at all reasonable times to the inspection of
any child to whom the records relate, and to the child's parent and guardian.

(b) The court shall retain records of the court finding that a juvenile committed an
act that would be a felony- or gross misdemeanor level offense until the offender reaches
the age of 28. If the offender commits a felony as an adult, or the court convicts a child as
an extended jurisdiction juvenile, the court shall retain the juvenile records for as long as
the records would have been retained if the offender had been an adult at the time of the
juvenile offense. This paragraph does not apply unless the juvenile was provided counsel
as required by section 260B.163, subdivision 2.

Sec. 6.

Minnesota Statutes 2012, section 260B.171, subdivision 4, is amended to read:

Subd. 4.

Public inspection of records.

(a) Legal records arising from proceedings
or portions of proceedings that are public under section 260B.163, subdivision 1, are
open to public inspection.

(b) Except as otherwise provided by this section, none of the records of the juvenile
court and none of the records relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open to public inspection or
their contents disclosed except:

(1) by order of a court; or

(2) as required by chapter 245C or deleted text begin sections deleted text end new text begin section new text end 245A.04, new text begin if the proceedings
resulted in adjudication of a crime that would constitute a background check crime as
defined in section 299C.61, subdivision 2, or crimes against vulnerable adults as defined
in section 609.232, or as required by sections new text end 611A.03, 611A.04, 611A.06, and 629.73.

(c) The victim of any alleged delinquent act may, upon the victim's request, obtain
the following information, unless it reasonably appears that the request is prompted by a
desire on the part of the requester to engage in unlawful activities:

(1) the name and age of the juvenile;

(2) the act for which the juvenile was petitioned and date of the offense; and

(3) the disposition, including, but not limited to, dismissal of the petition, diversion,
probation and conditions of probation, detention, fines, or restitution.

(d) The records of juvenile probation officers and county home schools are records
of the court for the purposes of this subdivision. Court services data relating to delinquent
acts that are contained in records of the juvenile court may be released as allowed under
section 13.84, subdivision 6. This subdivision applies to all proceedings under this
chapter, including appeals from orders of the juvenile court, except that this subdivision
does not apply to proceedings under section 260B.335 or 260B.425 when the proceeding
involves an adult defendant. The court shall maintain the confidentiality of adoption files
and records in accordance with the provisions of laws relating to adoptions. In juvenile
court proceedings any report or social history furnished to the court shall be open to
inspection by the attorneys of record and the guardian ad litem a reasonable time before it
is used in connection with any proceeding before the court.

(e) When a judge of a juvenile court, or duly authorized agent of the court,
determines under a proceeding under this chapter that a child has violated a state or local
law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets
and highways, except parking violations, the judge or agent shall immediately report
the violation to the commissioner of public safety. The report must be made on a form
provided by the Department of Public Safety and must contain the information required
under section 169.95.

(f) A county attorney may give a law enforcement agency that referred a delinquency
matter to the county attorney a summary of the results of that referral, including the details
of any juvenile court disposition.

Sec. 7.

Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

When it is in the best interests of the child to do so and
when the child has admitted the allegations contained in the petition before the judge or
referee, or when a hearing has been held as provided for in section 260B.163 and the
allegations contained in the petition have been duly proven but, in either case, before a
finding of delinquency has been entered, the court may continue the case for a period
not to exceed deleted text begin 90 deleted text end new text begin 180 new text end days on any one order. Such a continuance may be extended for
one additional successive period not to exceed deleted text begin 90 deleted text end new text begin 180 new text end days and only after the court has
reviewed the case and entered its order for an additional continuance without a finding of
delinquency. During this continuance the court may enter an order in accordance with the
provisions of subdivision 1, deleted text begin clause (1) or (2) deleted text end new text begin except clauses (3) and (4) new text end , or enter an order
to hold the child in detention for a period not to exceed 15 days on any one order for the
purpose of completing any consideration, or any investigation or examination ordered in
accordance with the provisions of section 260B.157. This subdivision does not apply to an
extended jurisdiction juvenile proceeding.