SF 2273

as introduced - 88th Legislature (2013 - 2014) Posted on 03/12/2014 08:35am

A bill for an act
relating to juvenile justice; addressing numerous issues relating to juveniles
including detention, noncustodial supervision, risk assessments, continuances,
diversion, life without release sentences, mandatory minimum sentences,
predatory offender registration, expungement, and DHS collateral sanctions;
appropriating money; amending Minnesota Statutes 2012, sections 243.166,
subdivision 2; 244.05, subdivisions 4, 5; 245C.14, subdivision 1; 260B.125,
by adding a subdivision; 260B.130, subdivision 4; 260B.176, subdivision 1,
by adding subdivisions; 260B.178, subdivision 1; 260B.198, subdivisions
6, 7; 332.70, by adding a subdivision; 609.106, subdivision 2, by adding a
subdivision; 609.3455, subdivision 2; Minnesota Statutes 2013 Supplement,
section 243.166, subdivisions 1b, 6; proposing coding for new law in Minnesota
Statutes, chapter 260B.

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

ARTICLE 1

JUVENILE DETENTION AND NONCUSTODIAL SUPERVISION
PROVISIONS; RISK ASSESSMENTS

Section 1.

Minnesota Statutes 2012, section 260B.176, subdivision 1, is amended to
read:

Subdivision 1.

Notification; release.

new text begin (a) new text end If a child is taken into custody as provided
in section 260B.175, the parent, guardian, or custodian of the child shall be notified as soon
as possible. deleted text begin Unless deleted text end new text begin If the risk assessment instrument described in subdivision 1a indicates
new text end there is reason to believe that the child would endanger deleted text begin self or deleted text end others deleted text begin , deleted text end new text begin or new text end not return for a
court hearing, deleted text begin run away from the child's parent, guardian, or custodian or otherwise not
remain in the care or control of the person to whose lawful custody the child is released,
or that the child's health or welfare would be immediately endangered, deleted text end the child shall be
deleted text begin released deleted text end new text begin kept in custody or placed in a suitable noncustodial community-based alternative
supervision setting as described in subdivision 1b, whichever is appropriate considering
the child's risk assessment score. If there is reason to believe that the child might endanger
the child's self; that the child might run away from the child's parent, guardian, or custodian
or otherwise not remain in the care or control of the person to whose lawful custody the
child is released; or that the child's health or welfare would be immediately endangered,
the child may not be kept in custody but instead shall be placed in a suitable noncustodial
community-based alternative supervision setting. In all other situations, the child shall be
released new text end to the custody of a parent, guardian, custodian, or other suitable person.

new text begin (b) new text end The person to whom the child is released shall promise to bring the child to the
court, if necessary, at the time the court may direct. If the person taking the child into
custody believes it desirable, that person may request the parent, guardian, custodian, or
other person designated by the court to sign a written promise to bring the child to court as
provided above. The intentional violation of such a promise, whether given orally or in
writing, shall be punishable as contempt of court.

The court may require the parent, guardian, custodian, or other person to whom the
child is released, to post any reasonable bail or bond required by the court which shall be
forfeited to the court if the child does not appear as directed. The court may also release
the child on the child's own promise to appear in juvenile court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 2.

Minnesota Statutes 2012, section 260B.176, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Risk assessment instrument. new text end

new text begin A person making a release decision under
subdivision 1 shall use an objective and racially, ethnically, and gender-responsive juvenile
detention risk assessment instrument developed by the commissioner, county, group of
counties, or judicial district. The risk assessment instrument must assess the likelihood
that a child released from preadjudication detention under section 260B.176 or 260B.178
would endanger others or not return for a court hearing. The instrument must identify the
appropriate setting for a child who might endanger others or not return for a court hearing
pending adjudication, with either continued detention or placement in a noncustodial
community-based supervision setting. The instrument must also identify the type of
noncustodial community-based supervision setting necessary to minimize the risk that a
child who is released from custody will endanger others or not return for a court hearing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 3.

Minnesota Statutes 2012, section 260B.176, is amended by adding a
subdivision to read:

new text begin Subd. 1b. new text end

new text begin Community-based supervision options. new text end

new text begin Each county or group of
counties shall provide suitable noncustodial community-based alternative supervision
options for children released from custody under subdivision 1. The options must involve
less restrictive noncustodial-based means to supervise children who without proper
supervision may endanger the children's selves or others; who may not return for a court
hearing, run away from their parent, guardian, or custodian or otherwise not remain in the
care or control of the person to whose lawful custody the child is released; or whose health
or welfare might be in immediate danger. The options required under this subdivision
must address the different supervision needs of the described children.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 4.

Minnesota Statutes 2012, section 260B.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

(a) The court shall hold a
detention hearing:

(1) within 36 hours of the time the child was taken into custody, excluding
Saturdays, Sundays, and holidays, if the child is being held at a juvenile secure detention
facility or shelter care facility; or

(2) within 24 hours of the time the child was taken into custody, excluding Saturdays,
Sundays, and holidays, if the child is being held at an adult jail or municipal lockup.

(b) deleted text begin Unless deleted text end new text begin If the court determines new text end there is reason to believe that the child would
endanger deleted text begin self or deleted text end others deleted text begin , deleted text end new text begin or new text end not return for a court hearing, deleted text begin run away from the child's parent,
guardian, or custodian or otherwise not remain in the care or control of the person to
whose lawful custody the child is released, or that the child's health or welfare would be
immediately endangered, deleted text end the child shall be deleted text begin released deleted text end new text begin kept in custody or placed in a suitable
noncustodial community-based alternative supervision setting as described in section
260B.176, subdivision 1b. In making this determination, the court shall consider the child's
score from the risk assessment instrument described in section 260B.176, subdivision 1a.
If there is reason to believe that the child might endanger the child's self; that the child
might run away from the child's parent, guardian, or custodian or otherwise not remain in
the care or control of the person to whose lawful custody the child is released; or that the
child's health or welfare would be immediately endangered, the child may not be kept in
custody but instead shall be placed in a suitable noncustodial community-based alternative
supervision setting. In all other situations, the child shall be released new text end to the custody of a
parent, guardian, custodian, or other suitable person, subject to reasonable conditions of
release including, but not limited to, a requirement that the child undergo a chemical use
assessment as provided in section 260B.157, subdivision 1, and a children's mental health
screening as provided in section 260B.176, subdivision 2, paragraph (e). In determining
whether the child's health or welfare would be immediately endangered, the court shall
consider whether the child would reside with a perpetrator of domestic child abuse.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 5. new text begin ADOPTION OF JUVENILE DETENTION RISK ASSESSMENT
INSTRUMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Adoption required. new text end

new text begin By September 15, 2014, the commissioner of
corrections shall adopt an objective and racially, ethnically, and gender-responsive juvenile
detention risk assessment instrument. The instrument must assess the likelihood that a
child released from preadjudication detention under Minnesota Statutes, section 260B.176
or 260B.178, would endanger others or not return for a court hearing. The instrument
must be designed to identify the appropriate setting for a child who might endanger others
or not return for a court hearing pending adjudication, with either continued detention or
placement in a noncustodial community-based supervision setting. The instrument must
also identify the type of noncustodial community-based supervision setting necessary to
minimize the risk that a child who is released from custody will endanger others or not
return for a court hearing.
new text end

new text begin Subd. 2. new text end

new text begin Consultation required. new text end

new text begin In adopting the risk assessment instrument
required in subdivision 1, the commissioner of corrections shall consult and collaborate
with the commissioners of public safety and human services and individuals throughout
the state who are knowledgeable in matters relating to the detention and treatment of
juvenile offenders and at-risk juveniles including, but not limited to, individuals from
the courts, probation, law enforcement, prosecutorial offices, public defender's offices,
communities of color, social services, juvenile detention and shelter care facilities, and
juvenile residential treatment and correctional facilities. The commissioner shall also
review similar risk assessment instruments in use both inside and outside of the state.
new text end

new text begin Subd. 3. new text end

new text begin Dissemination required. new text end

new text begin The commissioner of corrections shall make
the risk assessment instrument required in this section available to law enforcement,
correctional, and court personnel throughout the state.
new text end

new text begin Subd. 4. new text end

new text begin Local instruments required. new text end

new text begin By January 1, 2015, each county, group of
counties, or judicial district making a decision related to the release or detention of a child
under Minnesota Statutes, section 260B.176 or 260B.178, shall either adopt the instrument
developed by the commissioner of corrections or develop a risk assessment instrument of
their own meeting the requirements described in subdivision 1.
new text end

Sec. 6. new text begin EFFECT ON RULES OF JUVENILE DELINQUENCY PROCEDURE.
new text end

new text begin Rules 5.04 and 5.07 of the Rules of Juvenile Delinquency Procedure are superseded
to the extent of their conflict with sections 1 to 5. The Supreme Court is requested to
amend the rules in a manner consistent with sections 1 to 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 7. new text begin APPROPRIATION; GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $....... for the fiscal year ending June 30, 2015, is
appropriated from the general fund to the commissioner of corrections to adopt the risk
assessment instrument required in Minnesota Statutes, section 242.325, and to make
the grants required under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin The commissioner of corrections shall make grants to counties to
develop and provide the noncustodial community-based alternative supervision options
required in Minnesota Statutes, section 260B.176, subdivision 1b. By January 15, 2017,
the commissioner shall report to the chairs and ranking minority members of the senate
and house of representatives committees and divisions having jurisdiction over juvenile
justice policy and funding on the grants made under this subdivision. The report must
identify the options funded by the grants and assess how well the options are working.
new text end

ARTICLE 2

LAW ENFORCEMENT DIVERSION

Section 1.

new text begin [260B.1755] LAW ENFORCEMENT DIVERSION OF NONVIOLENT
JUVENILE OFFENDERS AUTHORIZED.
new text end

new text begin (a) A peace officer may refer a child that the officer has the lawful authority to arrest
or has arrested to a diversion program that the law enforcement agency with jurisdiction
over the child deems appropriate.
new text end

new text begin (b) This section applies only to nonviolent offenses and does not apply to peace
officers acting pursuant to an order or warrant described in section 260B.175, subdivision
1, paragraph (a), or other court order to take a child into custody.
new text end

new text begin (c) A diversion program authorized by this section may defer prosecution of
juvenile offenders who agree to complete appropriate conditions. Upon completion of the
conditions, the charge shall be dismissed. Both petty offenders and delinquents may be
diverted.
new text end

ARTICLE 3

CONTINUANCES

Section 1.

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

Subd. 7.

Continuance.

new text begin (a) new text end When it is in the best interests of the child to do so new text begin and
not inimical to public safety new text end 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 new text begin with the consent of the prosecutor new text end 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 clause (3) or (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.

new text begin (b) A prosecutor may appeal a continuance ordered in contravention of this
subdivision. new text end This subdivision new text begin does not extend the court's jurisdiction under section
260B.193 and new text end does not apply to an extended jurisdiction juvenile proceeding.

ARTICLE 4

EXPUNGEMENT

Section 1.

Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to
read:

Subd. 6.

Expungement.

Except when legal custody is transferred under the
provisions of subdivision 1, clause (4), the court may expunge deleted text begin the adjudication of deleted text end new text begin all records
relating to the arrest and new text end delinquency new text begin proceedings new text end at any time deleted text begin that it deems advisable deleted text end new text begin if the
court determines that expungement of the record would yield a benefit to the subject of the
record in pursuing education, employment, housing, or other necessities that outweighs
the detriment to the public and public safety in sealing the record and the burden on the
court and public agencies or jurisdictions in issuing, enforcing, and monitoring the order new text end .

Sec. 2.

Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Deletion of expunged records. new text end

new text begin If a business screening service knows that
a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
service shall promptly delete the record.
new text end

ARTICLE 5

DHS DISQUALIFICATIONS

Section 1.

Minnesota Statutes 2012, section 245C.14, subdivision 1, is amended to read:

Subdivision 1.

Disqualification from direct contact.

(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position
allowing direct contact with persons receiving services from the license holder or entity
identified in section 245C.03, upon receipt of information showing, or when a background
study completed under this chapter shows any of the following:

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in
section 245C.15, regardless of whether the conviction or admission is a felony, gross
misdemeanor, or misdemeanor level crime;

(2) a preponderance of the evidence indicates the individual has committed an act
or acts that meet the definition of any of the crimes listed in section 245C.15, regardless
of whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime; or

(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).

(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact
with persons served by a program or entity identified in section 245C.03, unless the
commissioner has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program
or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual
under section 245C.30.

new text begin (c) An individual must not be disqualified if the individual's only disqualifying
offense or offenses occurred when the individual was a minor, and five or more years have
passed during which the individual has committed no other disqualifying offenses. This
paragraph does not apply to an individual who was convicted of the disqualifying crime
following certification under section 260B.125.
new text end

ARTICLE 6

JUVENILE LIFE SENTENCES

Section 1.

Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

(a) An inmate serving a
mandatory life sentence under section 609.106 new text begin , subdivision 2, new text end or 609.3455, subdivision 2,
new text begin paragraph (a), new text end must not be given supervised release under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
(5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given
supervised release under this section without having served a minimum term of 30 years.

(c) An inmate serving a mandatory life sentence under section 609.385 must not
be given supervised release under this section without having served a minimum term of
imprisonment of 17 years.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
3 or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.

new text begin (e) An inmate serving a mandatory life sentence under section 609.106, subdivision
3, or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under
this section without having served a minimum term of imprisonment of 20 years.
new text end

Sec. 2.

Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The commissioner of corrections
may, under rules promulgated by the commissioner, give supervised release to an inmate
serving a mandatory life sentence under section 609.185, clause (3), (5), or (6); new text begin 609.106,
subdivision 3; new text end 609.3455, subdivision new text begin 2, paragraph (c), new text end 3 new text begin , new text end or 4; 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.

(b) The commissioner shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release
decision under this subdivision. The report shall reflect the sentiment of the various
elements of the community toward the inmate, both at the time of the offense and at the
present time. The report shall include the views of the sentencing judge, the prosecutor,
any law enforcement personnel who may have been involved in the case, and any
successors to these individuals who may have information relevant to the supervised
release decision. The report shall also include the views of the victim and the victim's
family unless the victim or the victim's family chooses not to participate.

(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
of the time and place of the inmate's supervised release review hearing. The victim has
a right to submit an oral or written statement at the review hearing. The statement may
summarize the harm suffered by the victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised release at this time.
The commissioner must consider the victim's statement when making the supervised
release decision.

(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at
a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
other relevant conduct of the inmate while incarcerated or before incarceration. The
commissioner may not give supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
has successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) a comprehensive individual release plan is in place for the inmate that ensures
that, after release, the inmate will have suitable housing and receive appropriate aftercare
and community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

(e) As used in this subdivision, "victim" means the individual who suffered harm as
a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

Sec. 3.

Minnesota Statutes 2012, section 609.106, subdivision 2, is amended to read:

Subd. 2.

Life without release.

new text begin Except as provided in subdivision 3, new text end the court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:

(1) the person is convicted of first-degree murder under section 609.185, paragraph
(a), clause (1), (2), (4), or (7);

(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, clause (3); or

(3) the person is convicted of first-degree murder under section 609.185, clause (3),
(5), or (6), and the court determines on the record at the time of sentencing that the person
has one or more previous convictions for a heinous crime.

Sec. 4.

Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Offender under age 18; life imprisonment with possibility of release. new text end

new text begin If
the defendant was under 18 years of age at the time of the commission of an offense that
would require a life without release sentence under subdivision 2, and the child has been
certified under section 260B.125 or designated an extended jurisdiction juvenile under
section 260B.130, the court shall sentence the defendant to imprisonment for life.
new text end

Sec. 5.

Minnesota Statutes 2012, section 609.3455, subdivision 2, is amended to read:

Subd. 2.

Mandatory life sentence without release; egregious first-time and
repeat offenders.

(a) new text begin Except as provided in paragraph (c), new text end notwithstanding the statutory
maximum penalty otherwise applicable to the offense, the court shall sentence a person
convicted under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or
609.343, subdivision 1, paragraph (c), (d), (e), (f), or (h), to life without the possibility of
release if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section
609.342, 609.343, or 609.344, and the fact finder determines that a heinous element exists
for the present offense.

(b) A fact finder may not consider a heinous element if it is an element of the
underlying specified violation of section 609.342 or 609.343. In addition, when
determining whether two or more heinous elements exist, the fact finder may not use the
same underlying facts to support a determination that more than one element exists.

new text begin (c) If the defendant was under 18 years of age at the time of the commission of an
offense that would require a life without release sentence under paragraph (a), and the child
has been certified under section 260B.125 or designated an extended jurisdiction juvenile
under section 260B.130, the court shall sentence the defendant to imprisonment for life.
new text end

Sec. 6. new text begin EFFECTIVE DATE; RETROACTIVITY.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment and apply to offenders
sentenced on or after that date, and also retroactively to offenders sentenced to life without
release sentenced before that date.
new text end

ARTICLE 7

APPLICABILITY OF MANDATORY MINIMUM SENTENCES

Section 1. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end

new text begin The legislature finds that emerging research on brain development indicates that
adolescent brains, and thus adolescent intellectual and emotional capabilities, differ
significantly from those of mature adults. It is appropriate to take these differences into
consideration when sentencing extended jurisdiction juveniles and juveniles tried as
adults. The legislature further finds that requiring mandatory minimum sentences for these
juveniles prevents judges from taking these differences into consideration in appropriate
circumstances. The legislature intends to eliminate the nondiscretionary application of
mandatory minimum sentences to extended jurisdiction juveniles and to juveniles tried as
adults, while continuing to apply all other adult sentencing provisions to these juveniles.
new text end

Sec. 2.

Minnesota Statutes 2012, section 260B.125, is amended by adding a
subdivision to read:

new text begin Subd. 11. new text end

new text begin Applicability of mandatory minimum sentences. new text end

new text begin Notwithstanding
any other law to the contrary, when a person who has been convicted of an offense that
has been certified under this section is sentenced, the sentencing court is not required
to sentence the person under the terms of a mandatory minimum sentence that would
otherwise be applicable to the offense.
new text end

Sec. 3.

Minnesota Statutes 2012, section 260B.130, subdivision 4, is amended to read:

Subd. 4.

Disposition.

(a) If an extended jurisdiction juvenile prosecution results in a
guilty plea or finding of guilt, the court shall:

(1) impose one or more juvenile dispositions under section 260B.198; and

(2) impose an adult criminal sentence, the execution of which shall be stayed on
the condition that the offender not violate the provisions of the disposition order and
not commit a new offense.

(b) If a child prosecuted as an extended jurisdiction juvenile after designation by
the prosecutor in the delinquency petition is convicted of an offense after trial that is not
an offense described in subdivision 1, clause (2), the court shall adjudicate the child
delinquent and order a disposition under section 260B.198. If the extended jurisdiction
juvenile proceeding results in a guilty plea for an offense not described in subdivision 1,
clause (2), the court may impose a disposition under paragraph (a) if the child consents.

new text begin (c) Notwithstanding any other law to the contrary, when imposing an adult sentence
under paragraph (a), clause (2), the court is not required to sentence the child under the
terms of a mandatory minimum sentence that would otherwise be applicable to the offense.
new text end

ARTICLE 8

PREDATORY OFFENDER REGISTRATION

Section 1.

Minnesota Statutes 2013 Supplement, 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 chapter 253D 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 2013 Supplement, 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 chapter 253D, 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 chapter 253D 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.