SF 1938

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juvenile justice; authorizing continued 
  1.3             detention of juveniles in jails and lockups under 
  1.4             certain circumstances; amending Minnesota Statutes 
  1.5             1994, section 260.171, subdivision 2.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 260.171, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  (a) If the child is not released as provided in 
  1.10  subdivision 1, the person taking the child into custody shall 
  1.11  notify the court as soon as possible of the detention of the 
  1.12  child and the reasons for detention.  
  1.13     (b) No child may be detained in a juvenile secure detention 
  1.14  facility or shelter care facility longer than 36 hours, 
  1.15  excluding Saturdays, Sundays, and holidays, after being taken 
  1.16  into custody for a delinquent act as defined in section 260.015, 
  1.17  subdivision 5, unless a petition has been filed and the judge or 
  1.18  referee determines pursuant to section 260.172 that the child 
  1.19  shall remain in detention.  
  1.20     (c) No child may be detained in an adult jail or municipal 
  1.21  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
  1.22  holidays, or longer than six hours in an adult jail or municipal 
  1.23  lockup in a standard metropolitan statistical area, after being 
  1.24  taken into custody for a delinquent act as defined in section 
  1.25  260.015, subdivision 5, unless: 
  2.1      (1) a petition has been filed under section 260.131; and 
  2.2      (2) a judge or referee has determined under section 260.172 
  2.3   that the child shall remain in detention. 
  2.4      After August 1, 1991, no child described in this paragraph 
  2.5   may be detained in an adult jail or municipal lockup longer than 
  2.6   24 hours, excluding Saturdays, Sundays, and holidays, or longer 
  2.7   than six hours in an adult jail or municipal lockup in a 
  2.8   standard metropolitan statistical area, unless the requirements 
  2.9   of this paragraph have been met and, in addition, a motion to 
  2.10  refer the child for adult prosecution has been made under 
  2.11  section 260.125.  Notwithstanding this paragraph, continued 
  2.12  detention of a child in an adult detention facility outside of a 
  2.13  standard metropolitan statistical area county is permissible if:
  2.14     (i) the facility in which the child is detained is located 
  2.15  where conditions of distance to be traveled or other ground 
  2.16  transportation do not allow for court appearances within 24 
  2.17  hours.  A delay not to exceed 48 hours may be made under this 
  2.18  clause; or 
  2.19     (ii) the facility is located where conditions of safety 
  2.20  exist.  Time for an appearance may be delayed until 24 hours 
  2.21  after the time that conditions allow for reasonably safe 
  2.22  travel.  "Conditions of safety" include adverse life-threatening 
  2.23  weather conditions that do not allow for reasonably safe travel. 
  2.24     The continued detention of a child under clause (i) or (ii) 
  2.25  must be reported to the commissioner of corrections. 
  2.26     (d) No child taken into custody pursuant to section 
  2.27  260.165, subdivision 1, clause (a) or (c)(2) may be held in a 
  2.28  shelter care facility longer than 72 hours, excluding Saturdays, 
  2.29  Sundays and holidays, unless a petition has been filed and the 
  2.30  judge or referee determines pursuant to section 260.172 that the 
  2.31  child shall remain in custody.  
  2.32     (e) If a child described in paragraph (c) is to be detained 
  2.33  in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
  2.34  holidays, the judge or referee, in accordance with rules and 
  2.35  procedures established by the commissioner of corrections, shall 
  2.36  notify the commissioner of the place of the detention and the 
  3.1   reasons therefor.  The commissioner shall thereupon assist the 
  3.2   court in the relocation of the child in an appropriate juvenile 
  3.3   secure detention facility or approved jail within the county or 
  3.4   elsewhere in the state, or in determining suitable 
  3.5   alternatives.  The commissioner shall direct that a child 
  3.6   detained in a jail be detained after eight days from and 
  3.7   including the date of the original detention order in an 
  3.8   approved juvenile secure detention facility with the approval of 
  3.9   the administrative authority of the facility.  If the court 
  3.10  refers the matter to the prosecuting authority pursuant to 
  3.11  section 260.125, notice to the commissioner shall not be 
  3.12  required.