as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am
A bill for an act
relating to public safety; providing a restorative justice-based alternative
disposition process for certain juvenile offenses; 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) This section applies to a child alleged to be a
juvenile petty offender who:
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(1) has not been previously adjudicated delinquent or as a petty offender;
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(2) has not previously participated in or completed a diversion program for an
offense;
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(3) has not previously been placed on probation without an adjudication for an
offense or received a continuance under section 260B.198, subdivision 7;
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(4) admits having committed the offense; and
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(5) agrees to successfully complete a restorative justice program under this section.
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(b) This section applies only in jurisdictions where suitable restorative justice
resources and mediators are available.
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Notwithstanding section 260B.235, a child described in
subdivision 1 shall be assigned to a court-appointed mediator who shall arrange an
appropriate outcome for the matter using restorative justice concepts as described in
section 611A.775. The mediator shall involve the victim of the offense in the proceedings.
If the victim is unwilling or unable to proceed, or if there is no identifiable victim, the
mediator shall ensure that someone serves as a proxy for the victim. The mediator and
child, along with other participants, shall agree in writing to an appropriate sanction
for the child. The sanction may include any of the dispositions authorized in section
260B.235, if appropriate, along with any other sanctions agreed to.
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A child's agreement to participate under this
section is considered a guilty plea to the offense.
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If the child fails to comply with the settlement
agreement, the child shall be referred back to the court for further proceedings.
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Upon the successful completion by a child of the
sanctions agreed to in the settlement agreement, the mediator shall notify the court and the
court shall dismiss the charge against the child.
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Mediators and other individuals participating in
restorative justice programs under this section may not be compensated by the court for
their services.
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This section is effective July 1, 2009.
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