SF 2273

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2014 08:25am

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, predatory offender registration, and
expungement; appropriating money; amending Minnesota Statutes 2012, sections
243.166, subdivision 2; 244.05, subdivisions 4, 5; 260B.198, subdivisions 6, 7;
332.70, by adding a subdivision; 388.24, subdivision 1; 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; RISK
ASSESSMENTS; CONSULTATIONS REQUIRED

Section 1. new text begin CONSULTATIONS ON CERTAIN ISSUES.
new text end

new text begin (a) Representatives of public safety officials, court officials, county attorneys,
juvenile justice advocates, corrections officials, probation officials, and other interested
parties shall meet and confer regarding issues related to risk assessment instruments and
their use to determine juvenile detention and noncustodial supervision.
new text end

new text begin (b) The parties shall provide a written report of their recommendations by November
15, 2014, to the chairs of the house of representatives and senate committees having
jurisdiction over criminal justice legislation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

CONTINUANCES AND 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

Sec. 2.

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. deleted text begin Such a continuance may
be extended for one additional successive period not to exceed 90 days and only after the
court has reviewed the case and entered its order for an additional continuance without a
finding of delinquency. deleted text end new text begin The continuance may be extended for one additional successive
period not to exceed 180 days, but only with the consent of the prosecutor and only after
the court has reviewed the case and entered its order for the additional continuance
without a finding of delinquency. new text end During deleted text begin this deleted text end new text begin a new text end 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 (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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
offenses committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 388.24, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section:

(1) a child under the jurisdiction of the juvenile court is an "offender" if:

(i) the child is petitioned for, or probable cause exists to petition or take the child into
custody for, a felony, gross misdemeanor, deleted text begin or deleted text end misdemeanor new text begin , petty misdemeanor, juvenile
petty, or juvenile traffic new text end offense, other than an offense against the person, but has not yet
entered a plea in the proceedings;

(ii) the child has not previously been adjudicated in Minnesota or any other state for
any offense against the person; and

(iii) the child has not previously been petitioned for an offense in Minnesota and
then had the petition dismissed as part of a diversion program, including a program that
existed before July 1, 1995; and

(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a
diversion program on condition that the delinquency petition against the offender will be
dismissed or the petition will not be filed after a specified period of time if the offender
successfully completes the program.

ARTICLE 3

EXPUNGEMENT

Section 1.

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

Subd. 6.

Expungement.

deleted text begin Except when legal custody is transferred under the
provisions of subdivision 1, clause (4), deleted text end new text begin (a) new text end 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 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 .

new text begin (b) In making a determination under this subdivision, the court shall consider:
new text end

new text begin (1) the age, education, experience, and background, including mental and emotional
development, of the subject of the record at the time of commission of the offense;
new text end

new text begin (2) the circumstances and nature and severity of the offense, including any
aggravating or mitigating factors in the commission of the offense;
new text end

new text begin (3) victim and community impact, including age and vulnerability of the victim;
new text end

new text begin (4) the level of participation of the subject of the record in the planning and carrying
out of the offense, including familial or peer influence in the commission of the offense;
new text end

new text begin (5) the juvenile delinquency and criminal history of the subject of the record;
new text end

new text begin (6) the programming history of the subject of the record, including child welfare,
school and community-based, and probation interventions, and the subject's willingness to
participate meaningfully in programming, probation, or both;
new text end

new text begin (7) any other aggravating or mitigating circumstance bearing on the culpability or
potential for rehabilitation of the subject of the record; and
new text end

new text begin (8) the benefit that expungement would yield to the subject of the record in pursuing
education, employment, housing, or other necessities.
new text end

new text begin (c) Notwithstanding paragraph (a), a record that is expunged under this subdivision
may be opened or exchanged between criminal justice agencies in the same manner as a
criminal record under section 609A.03, subdivision 7, paragraph (b).
new text end

new text begin (d) Section 609A.03, subdivision 9, applies to an appeal of an order under this
subdivision.
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 4

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) new text begin Except as provided in paragraph (f), new text end 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

new text begin (f) An inmate serving a mandatory life sentence for a crime described in paragraph
(b) who was under 18 years of age at the time of the commission of the offense requiring
the life sentence, and who was certified under section 260B.125 or designated an extended
jurisdiction juvenile under section 260B.130, 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 5

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 deleted text begin or petitioned for deleted text end 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.