SF 1515

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; prohibiting placement of 
  1.3             juveniles at Red Wing and Sauk Centre; prohibiting 
  1.4             juvenile courts from transferring custody of 
  1.5             adjudicated delinquents to the commissioner of 
  1.6             corrections; requiring a report on privatizing care 
  1.7             for the juveniles confined in Red Wing and Sauk 
  1.8             Centre; amending Minnesota Statutes 1994, section 
  1.9             260.185, subdivision 1; proposing coding for new law 
  1.10            in Minnesota Statutes, chapter 242. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [242.40] [PLACEMENT OF JUVENILES AT RED WING 
  1.13  AND SAUK CENTRE PROHIBITED.] 
  1.14     Juveniles may no longer be confined in the department of 
  1.15  corrections' facilities at Red Wing and Sauk Centre after July 
  1.16  1, 1996.  By July 1, 1996, all juveniles confined at Red Wing 
  1.17  and Sauk Centre must be transferred to either privately owned 
  1.18  and operated residential facilities licensed by the department 
  1.19  of corrections or, upon request of the county, back to the 
  1.20  county originally having jurisdiction over the juvenile. 
  1.21     Sec. 2.  Minnesota Statutes 1994, section 260.185, 
  1.22  subdivision 1, is amended to read: 
  1.23     Subdivision 1.  [COURT ORDER, FINDINGS, REMEDIES, 
  1.24  TREATMENT.] If the court finds that the child is delinquent, it 
  1.25  shall enter an order making any of the following dispositions of 
  1.26  the case which are deemed necessary to the rehabilitation of the 
  1.27  child: 
  1.28     (a) Counsel the child or the parents, guardian, or 
  2.1   custodian; 
  2.2      (b) Place the child under the supervision of a probation 
  2.3   officer or other suitable person in the child's own home under 
  2.4   conditions prescribed by the court including reasonable rules 
  2.5   for the child's conduct and the conduct of the child's parents, 
  2.6   guardian, or custodian, designed for the physical, mental, and 
  2.7   moral well-being and behavior of the child, or with the consent 
  2.8   of the commissioner of corrections, in a group foster care 
  2.9   facility which is under the management and supervision of said 
  2.10  commissioner; 
  2.11     (c) Subject to the supervision of the court, transfer legal 
  2.12  custody of the child to one of the following: 
  2.13     (1) a child-placing agency; or 
  2.14     (2) the local social services agency; or 
  2.15     (3) a reputable individual of good moral character.  No 
  2.16  person may receive custody of two or more unrelated children 
  2.17  unless licensed as a residential facility pursuant to sections 
  2.18  245A.01 to 245A.16; or 
  2.19     (4) a county home school, if the county maintains a home 
  2.20  school or enters into an agreement with a county home school; or 
  2.21     (5) a county probation officer for placement in a group 
  2.22  foster home established under the direction of the juvenile 
  2.23  court and licensed pursuant to section 241.021; 
  2.24     (d) Transfer legal custody by commitment to the 
  2.25  commissioner of corrections; 
  2.26     (e) If the child is found to have violated a state or local 
  2.27  law or ordinance which has resulted in damage to the person or 
  2.28  property of another, the court may order the child to make 
  2.29  reasonable restitution for such damage; 
  2.30     (f) (e) Require the child to pay a fine of up to $700; the 
  2.31  court shall order payment of the fine in accordance with a time 
  2.32  payment schedule which shall not impose an undue financial 
  2.33  hardship on the child; 
  2.34     (g) (f) If the child is in need of special treatment and 
  2.35  care for reasons of physical or mental health, the court may 
  2.36  order the child's parent, guardian, or custodian to provide it.  
  3.1   If the parent, guardian, or custodian fails to provide this 
  3.2   treatment or care, the court may order it provided; 
  3.3      (h) (g) If the court believes that it is in the best 
  3.4   interests of the child and of public safety that the driver's 
  3.5   license of the child be canceled until the child's 18th 
  3.6   birthday, the court may recommend to the commissioner of public 
  3.7   safety the cancellation of the child's license for any period up 
  3.8   to the child's 18th birthday, and the commissioner is hereby 
  3.9   authorized to cancel such license without a hearing.  At any 
  3.10  time before the termination of the period of cancellation, the 
  3.11  court may, for good cause, recommend to the commissioner of 
  3.12  public safety that the child be authorized to apply for a new 
  3.13  license, and the commissioner may so authorize. 
  3.14     If the child is petitioned and found by the court to have 
  3.15  committed a controlled substance offense under sections 152.021 
  3.16  to 152.027, the court shall determine whether the child 
  3.17  unlawfully possessed or sold the controlled substance while 
  3.18  driving a motor vehicle.  If so, the court shall notify the 
  3.19  commissioner of public safety of its determination and order the 
  3.20  commissioner to revoke the child's driver's license for the 
  3.21  applicable time period specified in section 152.0271.  If the 
  3.22  child does not have a driver's license or if the child's 
  3.23  driver's license is suspended or revoked at the time of the 
  3.24  delinquency finding, the commissioner shall, upon the child's 
  3.25  application for driver's license issuance or reinstatement, 
  3.26  delay the issuance or reinstatement of the child's driver's 
  3.27  license for the applicable time period specified in section 
  3.28  152.0271.  Upon receipt of the court's order, the commissioner 
  3.29  is authorized to take the licensing action without a hearing. 
  3.30     If the child is petitioned and found by the court to have 
  3.31  committed or attempted to commit an act in violation of section 
  3.32  609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, 
  3.33  subdivision 1; 609.79; or 617.23, or another offense arising out 
  3.34  of a delinquency petition based on one or more of those 
  3.35  sections, the court shall order an independent professional 
  3.36  assessment of the child's need for sex offender treatment.  An 
  4.1   assessor providing an assessment for the court must be 
  4.2   experienced in the evaluation and treatment of juvenile sex 
  4.3   offenders.  If the assessment indicates that the child is in 
  4.4   need of and amenable to sex offender treatment, the court shall 
  4.5   include in its disposition order a requirement that the child 
  4.6   undergo treatment.  Notwithstanding section 13.42, 13.85, 
  4.7   144.335, 260.161, or 626.556, the assessor has access to the 
  4.8   following private or confidential data on the child if access is 
  4.9   relevant and necessary for the assessment: 
  4.10     (1) medical data under section 13.42; 
  4.11     (2) corrections and detention data under section 13.85; 
  4.12     (3) health records under section 144.335; 
  4.13     (4) juvenile court records under section 260.161; and 
  4.14     (5) local welfare agency records under section 626.556. 
  4.15     Data disclosed under this paragraph may be used only for 
  4.16  purposes of the assessment and may not be further disclosed to 
  4.17  any other person, except as authorized by law. 
  4.18     If the child is found delinquent due to the commission of 
  4.19  an offense that would be a felony if committed by an adult, the 
  4.20  court shall make a specific finding on the record regarding the 
  4.21  juvenile's mental health and chemical dependency treatment needs.
  4.22     Any order for a disposition authorized under this section 
  4.23  shall contain written findings of fact to support the 
  4.24  disposition ordered, and shall also set forth in writing the 
  4.25  following information: 
  4.26     (a) why the best interests of the child are served by the 
  4.27  disposition ordered; and 
  4.28     (b) what alternative dispositions were considered by the 
  4.29  court and why such dispositions were not appropriate in the 
  4.30  instant case. 
  4.31     Sec. 3.  [REPORT REQUIRED.] 
  4.32     The commissioner of corrections shall report to the chairs 
  4.33  of the senate committee on crime prevention and the house of 
  4.34  representatives committee on judiciary by February 1, 1996.  The 
  4.35  report must specifically address how the services, programs, and 
  4.36  responsibilities for the class of juvenile offenders currently 
  5.1   sent to the department of corrections' facilities at Red Wing 
  5.2   and Sauk Centre will be taken over by the private sector.  The 
  5.3   report must address the financial implications of privatization, 
  5.4   and recommend a method of paying for juvenile care at the 
  5.5   private facilities that minimizes the impact on individual 
  5.6   counties and maintains fairness within the juvenile system.  The 
  5.7   report must also recommend future uses for the facilities at Red 
  5.8   Wing and Sauk Centre.