SF 2470

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juvenile justice; repealing the extended 
  1.3             juvenile jurisdiction law; amending Minnesota Statutes 
  1.4             2002, sections 260B.125, subdivision 8; 260B.171, 
  1.5             subdivision 2; 260B.193, subdivision 5; 260B.199, 
  1.6             subdivision 1; 260B.201, subdivision 2; 260B.255, 
  1.7             subdivision 1; 611A.08, subdivision 3; repealing 
  1.8             Minnesota Statutes 2002, section 260B.130. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 260B.125, 
  1.11  subdivision 8, is amended to read: 
  1.12     Subd. 8.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
  1.13  decide whether to order certification within 15 days after the 
  1.14  certification hearing was completed, unless additional time is 
  1.15  needed, in which case the court may extend the period up to 
  1.16  another 15 days.  If the juvenile court orders certification, 
  1.17  and the presumption described in subdivision 3 does not apply, 
  1.18  the order shall contain in writing, findings of fact and 
  1.19  conclusions of law as to why public safety is not served by 
  1.20  retaining the proceeding in the juvenile court.  If the juvenile 
  1.21  court, after a hearing conducted pursuant to subdivision 2, 
  1.22  decides not to order certification, the decision shall contain, 
  1.23  in writing, findings of fact and conclusions of law as to why 
  1.24  certification is not ordered.  If the juvenile court decides not 
  1.25  to order certification in a case in which the presumption 
  1.26  described in subdivision 3 applies, the court shall designate 
  1.27  the proceeding an extended jurisdiction juvenile prosecution and 
  2.1   include in its decision written findings of fact and conclusions 
  2.2   of law as to why the retention of the proceeding in juvenile 
  2.3   court serves public safety, with specific reference to the 
  2.4   factors listed in subdivision 4.  If the court decides not to 
  2.5   order certification in a case in which the presumption described 
  2.6   in subdivision 3 does not apply, the court may designate the 
  2.7   proceeding an extended jurisdiction juvenile prosecution, 
  2.8   pursuant to the hearing process described in section 260B.130, 
  2.9   subdivision 2. 
  2.10     Sec. 2.  Minnesota Statutes 2002, section 260B.171, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [RECORD OF FINDINGS.] (a) The juvenile court 
  2.13  shall forward to the Bureau of Criminal Apprehension the 
  2.14  following data in juvenile petitions involving felony- or gross 
  2.15  misdemeanor-level offenses: 
  2.16     (1) the name and birthdate of the juvenile, including any 
  2.17  of the juvenile's known aliases or street names; 
  2.18     (2) the act for which the juvenile was petitioned and date 
  2.19  of the offense; and 
  2.20     (3) the date and county where the petition was filed. 
  2.21     (b) Upon completion of the court proceedings, the court 
  2.22  shall forward the court's finding and case disposition to the 
  2.23  bureau.  The court shall specify whether: 
  2.24     (1) the juvenile was referred to a diversion program; 
  2.25     (2) the petition was dismissed, continued for dismissal, or 
  2.26  continued without adjudication; or 
  2.27     (3) the juvenile was adjudicated delinquent. 
  2.28     (c) The juvenile court shall forward to the bureau, the 
  2.29  Sentencing Guidelines Commission, and the Department of 
  2.30  Corrections the following data on individuals convicted as 
  2.31  extended jurisdiction juveniles: 
  2.32     (1) the name and birthdate of the offender, including any 
  2.33  of the juvenile's known aliases or street names; 
  2.34     (2) the crime committed by the offender and the date of the 
  2.35  crime; 
  2.36     (3) the date and county of the conviction; and 
  3.1      (4) the case disposition. 
  3.2      The court shall notify the bureau, the Sentencing 
  3.3   Guidelines Commission, and the Department of Corrections 
  3.4   whenever it executes an extended jurisdiction juvenile's adult 
  3.5   sentence under section 260B.130, subdivision 5. 
  3.6      (d) The juvenile court shall forward to the statewide 
  3.7   supervision system described in section 241.065 the following 
  3.8   data in juvenile petitions for individuals under supervision by 
  3.9   probation agencies or in an out-of-home placement: 
  3.10     (1) the name, address, birth date, race, and gender of the 
  3.11  juvenile, including any of the juvenile's known aliases or 
  3.12  street names; 
  3.13     (2) the act for which the juvenile was petitioned and date 
  3.14  of offense; 
  3.15     (3) the date and county where the petition was filed; 
  3.16     (4) county, date of court action, and court file number of 
  3.17  any adjudication or continuance; 
  3.18     (5) the case disposition, including any conditions of 
  3.19  supervision; and 
  3.20     (6) the discharge or closing date and reason for the case 
  3.21  under supervision. 
  3.22     (e) The bureau, Sentencing Guidelines Commission, and the 
  3.23  Department of Corrections shall retain the extended jurisdiction 
  3.24  juvenile data for as long as the data would have been retained 
  3.25  if the offender had been an adult at the time of the offense.  
  3.26  Data retained on individuals under this subdivision are private 
  3.27  data under section 13.02, except that extended jurisdiction 
  3.28  juvenile data becomes public data under section 13.87, 
  3.29  subdivision 2, when the juvenile court notifies the bureau that 
  3.30  the individual's adult sentence has been executed under section 
  3.31  260B.130, subdivision 5.  
  3.32     Sec. 3.  Minnesota Statutes 2002, section 260B.193, 
  3.33  subdivision 5, is amended to read: 
  3.34     Subd. 5.  [TERMINATION OF JURISDICTION.] (a) The court may 
  3.35  dismiss the petition or otherwise terminate its jurisdiction on 
  3.36  its own motion or on the motion or petition of any interested 
  4.1   party at any time.  Unless terminated by the court, and except 
  4.2   as otherwise provided in this subdivision, the jurisdiction of 
  4.3   the court shall continue until the individual becomes 19 years 
  4.4   of age if the court determines it is in the best interest of the 
  4.5   individual to do so.  
  4.6      (b) The jurisdiction of the court over an extended 
  4.7   jurisdiction juvenile, with respect to the offense for which the 
  4.8   individual was convicted as an extended jurisdiction juvenile, 
  4.9   extends until the offender becomes 21 years of age, unless the 
  4.10  court terminates jurisdiction before that date.  
  4.11     (c) The juvenile court has jurisdiction to designate the 
  4.12  proceeding an extended jurisdiction juvenile prosecution, to 
  4.13  hold a certification hearing, or to conduct a trial, receive a 
  4.14  plea, or impose a disposition under section 260B.130, 
  4.15  subdivision 4, if: 
  4.16     (1) an adult is alleged to have committed an offense before 
  4.17  the adult's 18th birthday; and 
  4.18     (2) a petition is filed under section 260B.141 before 
  4.19  expiration of the time for filing under section 628.26 and 
  4.20  before the adult's 21st birthday. 
  4.21  The juvenile court lacks jurisdiction under this paragraph if 
  4.22  the adult demonstrates that the delay was purposefully caused by 
  4.23  the state in order to gain an unfair advantage. 
  4.24     (d) The district court has original and exclusive 
  4.25  jurisdiction over a proceeding: 
  4.26     (1) that involves an adult who is alleged to have committed 
  4.27  an offense before the adult's 18th birthday; and 
  4.28     (2) in which a criminal complaint is filed before 
  4.29  expiration of the time for filing under section 628.26 and after 
  4.30  the adult's 21st birthday. 
  4.31     The juvenile court retains jurisdiction if the adult 
  4.32  demonstrates that the delay in filing a criminal complaint was 
  4.33  purposefully caused by the state in order to gain an unfair 
  4.34  advantage. 
  4.35     (e) The juvenile court has jurisdiction over a person who 
  4.36  has been adjudicated delinquent, has been found to have 
  5.1   committed a delinquent act, or has been charged by juvenile 
  5.2   petition until the person's 21st birthday if the person fails to 
  5.3   appear at any juvenile court hearing or fails to appear at or 
  5.4   absconds from any placement under a juvenile court order.  The 
  5.5   juvenile court has jurisdiction over a convicted extended 
  5.6   jurisdiction juvenile who fails to appear at any juvenile court 
  5.7   hearing or fails to appear at or absconds from any placement 
  5.8   under section 260B.130, subdivision 4.  The juvenile court lacks 
  5.9   jurisdiction under this paragraph if the adult demonstrates that 
  5.10  the delay was purposefully caused by the state in order to gain 
  5.11  an unfair advantage.  
  5.12     Sec. 4.  Minnesota Statutes 2002, section 260B.199, 
  5.13  subdivision 1, is amended to read: 
  5.14     Subdivision 1.  [WHEN COURT MUST CONSIDER; PROHIBITION ON 
  5.15  PLACEMENT AT OUT-OF-STATE FACILITY.] The admissions criteria for 
  5.16  the Minnesota correctional facility-Red Wing shall include a 
  5.17  requirement that the county of referral must have considered all 
  5.18  appropriate local or regional placements and have exhausted 
  5.19  potential in-state placements in the geographic region.  The 
  5.20  court must state on the record that this effort was made and 
  5.21  placements rejected before ordering a placement or commitment to 
  5.22  the Minnesota Correctional Facility-Red Wing.  Before a court 
  5.23  orders a disposition under section 260B.198 or 260B.130, 
  5.24  subdivision 4, for a child, the court shall determine whether 
  5.25  the child meets the established admissions criteria for the 
  5.26  Minnesota correctional facility-Red Wing.  If the child meets 
  5.27  the admissions criteria, the court shall place the child at the 
  5.28  facility and may not place the child in an out-of-state 
  5.29  facility, unless the court makes a finding on the record that 
  5.30  the safety of the child or the safety of the community can be 
  5.31  best met by placement in an out-of-state facility or that the 
  5.32  out-of-state facility is located closer to the child's home. 
  5.33     Sec. 5.  Minnesota Statutes 2002, section 260B.201, 
  5.34  subdivision 2, is amended to read: 
  5.35     Subd. 2.  [WHEN COMMITMENT REQUIRED.] (a) A court having 
  5.36  jurisdiction over a child shall commit the child to the custody 
  6.1   of the commissioner of corrections or place the child at the 
  6.2   Minnesota correctional facility-Red Wing if the child: 
  6.3      (1) was previously adjudicated delinquent or convicted as 
  6.4   an extended jurisdiction juvenile for an offense for which 
  6.5   registration under section 243.166 was required; 
  6.6      (2) was placed on probation for the offense and ordered to 
  6.7   complete a sex offender or chemical dependency treatment 
  6.8   program; and 
  6.9      (3) subsequently failed or refused to successfully complete 
  6.10  the program. 
  6.11     (b) If the child was initially convicted as an extended 
  6.12  jurisdiction juvenile, the court may execute the child's adult 
  6.13  sentence under section 260B.130, subdivision 4.  Notwithstanding 
  6.14  paragraph (c), if the court does not do this, it shall comply 
  6.15  with paragraph (a). 
  6.16     (c) A court may place a child in an out-of-state facility 
  6.17  if the court makes a finding on the record that the safety of 
  6.18  the child or the safety of the community can be best met by 
  6.19  placement in an out-of-state facility or that the out-of-state 
  6.20  facility is located closer to the child's home. 
  6.21     Sec. 6.  Minnesota Statutes 2002, section 260B.255, 
  6.22  subdivision 1, is amended to read: 
  6.23     Subdivision 1.  [CERTAIN VIOLATIONS NOT CRIMES.] A 
  6.24  violation of a state or local law or ordinance by a child before 
  6.25  becoming 18 years of age is not a crime unless the juvenile 
  6.26  court: 
  6.27     (1) certifies the matter in accordance with the provisions 
  6.28  of section 260B.125; or 
  6.29     (2) transfers the matter to a court in accordance with the 
  6.30  provisions of section 260B.225; or 
  6.31     (3) convicts the child as an extended jurisdiction juvenile 
  6.32  and subsequently executes the adult sentence under section 
  6.33  260B.130, subdivision 5.  
  6.34     Sec. 7.  Minnesota Statutes 2002, section 611A.08, 
  6.35  subdivision 3, is amended to read: 
  6.36     Subd. 3.  [EVIDENCE.] Notwithstanding other evidence which 
  7.1   the victim may adduce relating to the perpetrator's conviction 
  7.2   of the violent crime involving the parties to the civil action, 
  7.3   a certified copy of:  a guilty plea; a court judgment of guilt; 
  7.4   a court record of conviction as specified in section 599.24, 
  7.5   599.25, or 609.041; or an adjudication as a delinquent child; or 
  7.6   a disposition as an extended jurisdiction juvenile pursuant to 
  7.7   section 260B.130 is conclusive proof of the perpetrator's 
  7.8   assumption of the risk. 
  7.9      Sec. 8.  [REPEALER.] 
  7.10     Minnesota Statutes 2002, section 260B.130, is repealed.