SF 2357

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

  1.1                          A bill for an act 
  1.2             relating to criminal justice information systems; 
  1.3             defining criminal justice agencies; requiring the 
  1.4             juvenile court to forward certain court data to 
  1.5             specified agencies; requiring the bureau of criminal 
  1.6             apprehension to administer the computerized juvenile 
  1.7             history record system; amending Minnesota Statutes 
  1.8             1994, sections 13.02, by adding a subdivision; 
  1.9             260.161, subdivisions 1 and 1a; and 299C.095. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 13.02, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 3a.  [CRIMINAL JUSTICE AGENCIES.] "Criminal justice 
  1.14  agencies" means all state and local prosecution authorities, all 
  1.15  state and local law enforcement agencies, the sentencing 
  1.16  guidelines commission, the bureau of criminal apprehension, the 
  1.17  department of corrections, and all probation officers who are 
  1.18  not part of the judiciary. 
  1.19     Sec. 2.  Minnesota Statutes 1994, section 260.161, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
  1.22  juvenile court judge shall keep such minutes and in such manner 
  1.23  as the court deems necessary and proper.  Except as provided in 
  1.24  paragraph (b), the court shall keep and maintain records 
  1.25  pertaining to delinquent adjudications until the person reaches 
  1.26  the age of 28 years and shall release the records on an 
  1.27  individual to another juvenile court that has jurisdiction of 
  2.1   the juvenile, to a requesting adult court for purposes of 
  2.2   sentencing, or to an adult court or juvenile court as required 
  2.3   by the right of confrontation of either the United States 
  2.4   Constitution or the Minnesota Constitution.  The juvenile court 
  2.5   shall provide, upon the request of any other juvenile court, 
  2.6   copies of the records concerning adjudications involving the 
  2.7   particular child.  The court also may provide copies of records 
  2.8   concerning delinquency adjudications, on request, to law 
  2.9   enforcement agencies, probation officers, and corrections agents 
  2.10  if the court finds that providing these records serves public 
  2.11  safety or is in the best interests of the child.  The records 
  2.12  have the same data classification in the hands of the agency 
  2.13  receiving them as they had in the hands of the court. 
  2.14     The court shall also keep an index in which files 
  2.15  pertaining to juvenile matters shall be indexed under the name 
  2.16  of the child.  After the name of each file shall be shown the 
  2.17  file number and, if ordered by the court, the book and page of 
  2.18  the register in which the documents pertaining to such file are 
  2.19  listed.  The court shall also keep a register properly indexed 
  2.20  in which shall be listed under the name of the child all 
  2.21  documents filed pertaining to the child and in the order filed.  
  2.22  The list shall show the name of the document and the date of 
  2.23  filing thereof.  The juvenile court legal records shall be 
  2.24  deposited in files and shall include the petition, summons, 
  2.25  notice, findings, orders, decrees, judgments, and motions and 
  2.26  such other matters as the court deems necessary and proper.  
  2.27  Unless otherwise provided by law, all court records shall be 
  2.28  open at all reasonable times to the inspection of any child to 
  2.29  whom the records relate, and to the child's parent and guardian. 
  2.30     (b) The court shall retain records of the court finding 
  2.31  that a juvenile committed an act that would be a violation of, 
  2.32  or an attempt to violate, section 609.342, 609.343, 609.344, or 
  2.33  609.345, a felony or gross misdemeanor level offense until the 
  2.34  offender reaches the age of 28.  If the offender commits another 
  2.35  violation of sections 609.342 to 609.345 a felony as an adult, 
  2.36  or the court convicts a child as an extended jurisdiction 
  3.1   juvenile, the court shall retain the juvenile records for as 
  3.2   long as the records would have been retained if the offender had 
  3.3   been an adult at the time of the juvenile offense.  This 
  3.4   paragraph does not apply unless the juvenile was provided 
  3.5   counsel as required by section 260.155, subdivision 2. 
  3.6      Sec. 3.  Minnesota Statutes 1994, section 260.161, 
  3.7   subdivision 1a, is amended to read: 
  3.8      Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
  3.9   CRIMINAL APPREHENSION FINDINGS.] (a) The juvenile court shall 
  3.10  forward to the Bureau of Criminal Apprehension the following 
  3.11  data on juveniles adjudicated delinquent for having committed 
  3.12  felony-level criminal sexual conduct in juvenile petitions 
  3.13  involving felony- or gross misdemeanor-level offenses: 
  3.14     (1) the name and birth date of the juvenile; 
  3.15     (2) the type of act for which the juvenile was adjudicated 
  3.16  delinquent petitioned and date of the offense; and 
  3.17     (3) the date and county of the adjudication where the 
  3.18  petition was filed. 
  3.19     (b) Upon completion of the court proceedings, the court 
  3.20  shall forward the court's finding and case disposition to the 
  3.21  bureau.  Notwithstanding section 138.17, if the petition was 
  3.22  dismissed or the juvenile was not found to have committed a 
  3.23  gross misdemeanor or felony-level offense, the bureau and a 
  3.24  person who received the data from the bureau shall destroy all 
  3.25  data relating to the petition.  The bureau shall notify a person 
  3.26  who received the data that the data must be destroyed. 
  3.27     (c) The bureau shall retain data on a juvenile found to 
  3.28  have committed a felony- or gross misdemeanor-level offense 
  3.29  until the offender reaches the age of 28.  If the offender 
  3.30  commits another a felony violation of sections 609.342 to 
  3.31  609.345 as an adult, the bureau shall retain the data for as 
  3.32  long as the data would have been retained if the offender had 
  3.33  been an adult at the time of the juvenile offense. 
  3.34     (c) (d) The juvenile court shall forward to the bureau, the 
  3.35  sentencing guidelines commission, and the department of 
  3.36  corrections the following data on individuals convicted as 
  4.1   extended jurisdiction juveniles: 
  4.2      (1) the name and birthdate of the offender; 
  4.3      (2) the crime committed by the offender and the date of the 
  4.4   crime; and 
  4.5      (3) the date and county of the conviction; and 
  4.6      (4) the case disposition. 
  4.7      The court shall notify the bureau, the sentencing 
  4.8   guidelines commission, and the department of corrections 
  4.9   whenever it executes an extended jurisdiction juvenile's adult 
  4.10  sentence under section 260.126, subdivision 5. 
  4.11     (d) (e) The bureau, sentencing guidelines commission, and 
  4.12  the department of corrections shall retain the extended 
  4.13  jurisdiction juvenile data for as long as the data would have 
  4.14  been retained if the offender had been an adult at the time of 
  4.15  the offense.  Data retained on individuals under this 
  4.16  subdivision are private data under section 13.02, except that 
  4.17  extended jurisdiction juvenile data becomes public data under 
  4.18  section 13.87, subdivision 2, when the juvenile court notifies 
  4.19  the bureau that the individual's adult sentence has been 
  4.20  executed under section 260.126, subdivision 5. 
  4.21     Sec. 4.  Minnesota Statutes 1994, section 299C.095, is 
  4.22  amended to read: 
  4.23     299C.095 [SYSTEM FOR IDENTIFICATION OF ADJUDICATED 
  4.24  JUVENILES JUVENILE OFFENDERS.] 
  4.25     (a) The bureau shall establish a system for recording the 
  4.26  data on adjudicated juveniles received from the juvenile courts 
  4.27  under section 260.161, subdivision 1a administer and maintain 
  4.28  the computerized juvenile history record system based on section 
  4.29  260.161 and other statutes requiring the reporting of data on 
  4.30  juveniles.  The data in the system are private data as defined 
  4.31  in section 13.02, subdivision 12, but are accessible to criminal 
  4.32  justice agencies as defined in section 13.02, subdivision 3a, to 
  4.33  all trial courts and appellate courts, to a person who has 
  4.34  access to the juvenile court records as provided in section 
  4.35  260.161 or under court rule. 
  4.36     (b) The bureau shall not disseminate a juvenile history 
  5.1   record in connection with a background check required by statute 
  5.2   or rule and performed on a licensee, license applicant, or 
  5.3   employment applicant.  A consent for release of information from 
  5.4   an individual who is the subject of a juvenile history is not 
  5.5   effective and the bureau shall not release a juvenile history 
  5.6   record and shall not release information in a manner that 
  5.7   reveals the existence of the record.  This provision does not 
  5.8   apply to background checks performed under section 624.713.