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SF 1768

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to corrections; allowing the parents of juvenile petty offenders be ordered
probation supervisory duties; changing children's mental health screening duties;
amending Minnesota Statutes 2008, section 260B.235, subdivisions 4, 6.

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

Section 1.

Minnesota Statutes 2008, section 260B.235, subdivision 4, is amended to
read:


Subd. 4.

Dispositions.

If the juvenile court finds that a child is a petty offender,
the court may:

(1) require the child to pay a fine of up to $100;

(2) require the child to participate in a community service project;

(3) require the child to participate in a drug awareness program;

(4) order the child to undergo a chemical dependency evaluation and if warranted
by this evaluation, order participation by the child in an outpatient chemical dependency
treatment program;

(5) place the child on probation for up to six months or, in the case of a juvenile
alcohol or controlled substance offense, following a determination by the court that the
juvenile is chemically dependent, the court may place the child on probation for a time
determined by the court;

new text begin (6) order probation supervisory duties be transferred to the parents or guardian;
new text end

deleted text begin (6)deleted text end new text begin (7)new text end order the child to make restitution to the victim; or

deleted text begin (7)deleted text end new text begin (8)new text end perform any other activities or participate in any other outpatient treatment
programs deemed appropriate by the court.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's
license or permit to drive, and if the child used a driver's license, permit, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase the
alcoholic beverage, the court shall forward its finding in the case and the child's driver's
license or permit to the commissioner of public safety. Upon receipt, the commissioner
shall suspend the child's license or permit for a period of 90 days.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase tobacco in violation of section 609.685, subdivision 3, if the child has a driver's
license or permit to drive, and if the child used a driver's license, permit, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase
tobacco, the court shall forward its finding in the case and the child's driver's license or
permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend
the child's license or permit for a period of 90 days.

None of the dispositional alternatives described in clauses (1) to (6) shall be imposed
by the court in a manner which would cause an undue hardship upon the child.

Sec. 2.

Minnesota Statutes 2008, section 260B.235, subdivision 6, is amended to read:


Subd. 6.

Alternative disposition.

In addition to dispositional alternatives authorized
by subdivision 4, in the case of a third or subsequent finding by the court pursuant to an
admission in court or after trial that a child has committed a juvenile alcohol or controlled
substance offense, the juvenile court shall order a chemical dependency evaluation of the
child and if warranted by the evaluation, the court may order participation by the child in
an inpatient or outpatient chemical dependency treatment program, or any other treatment
deemed appropriate by the court. In the case of a third or subsequent finding that a child
has committed any juvenile petty offense, the court deleted text begin shalldeleted text end new text begin maynew text end order a children's mental
health screening be conducted as provided in section 260B.157, subdivision 1, and if
indicated by the screening, to undergo a diagnostic assessment, including a functional
assessment, as defined in section 245.4871.