SF 2758

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to government data practices; juvenile court 
  1.3             records; making certain juvenile records public; 
  1.4             providing for the state court administrator to prepare 
  1.5             annual reports of delinquency dispositions; amending 
  1.6             Minnesota Statutes 1997 Supplement, sections 260.161, 
  1.7             subdivision 2; and 299C.095, subdivision 1; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 260. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.11  260.161, subdivision 2, is amended to read: 
  1.12     Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
  1.13  otherwise provided in this section, and except for legal records 
  1.14  arising from proceedings or portions of proceedings that are 
  1.15  public under section 260.155, subdivision 1, none of the records 
  1.16  of the juvenile court and none of the records relating to an 
  1.17  appeal from a nonpublic juvenile court proceeding, except the 
  1.18  written appellate opinion, shall be open to public inspection or 
  1.19  their contents disclosed except (a):  
  1.20     (1) by order of a court, (b)  
  1.21     (2) as required by sections 245A.04, 611A.03, 611A.04, 
  1.22  611A.06, and 629.73, or (c)  the name of a juvenile who is the 
  1.23  subject of a delinquency petition shall be released to 
  1.24     (3) the victim of the any alleged delinquent act may, upon 
  1.25  the victim's request; unless it reasonably appears that the 
  1.26  request is prompted by a desire on the part of the requester to 
  1.27  engage in unlawful activities. after proceedings under a 
  2.1   delinquency petition are concluded, obtain the following 
  2.2   information: 
  2.3      (i) the name and birthdate of the juvenile; 
  2.4      (ii) the act for which the juvenile was petitioned and date 
  2.5   of the offense; 
  2.6      (iii) the date and county where the petition was filed; 
  2.7      (iv) whether the juvenile was referred to a diversion 
  2.8   program; the petition was continued for dismissal or continued 
  2.9   without adjudication; or the juvenile was adjudicated 
  2.10  delinquent; and 
  2.11     (v) the disposition, including but not limited to, 
  2.12  diversion, probation and conditions of probation, detention, 
  2.13  fines, or restitution.  
  2.14     The records of juvenile probation officers and county home 
  2.15  schools are records of the court for the purposes of this 
  2.16  subdivision.  Court services data relating to delinquent acts 
  2.17  that are contained in records of the juvenile court may be 
  2.18  released as allowed under section 13.84, subdivision 5a.  This 
  2.19  subdivision applies to all proceedings under this chapter, 
  2.20  including appeals from orders of the juvenile court, except that 
  2.21  this subdivision does not apply to proceedings under section 
  2.22  260.255, 260.261, or 260.315 when the proceeding involves an 
  2.23  adult defendant.  The court shall maintain the confidentiality 
  2.24  of adoption files and records in accordance with the provisions 
  2.25  of laws relating to adoptions.  In juvenile court proceedings 
  2.26  any report or social history furnished to the court shall be 
  2.27  open to inspection by the attorneys of record and the guardian 
  2.28  ad litem a reasonable time before it is used in connection with 
  2.29  any proceeding before the court. 
  2.30     When a judge of a juvenile court, or duly authorized agent 
  2.31  of the court, determines under a proceeding under this chapter 
  2.32  that a child has violated a state or local law, ordinance, or 
  2.33  regulation pertaining to the operation of a motor vehicle on 
  2.34  streets and highways, except parking violations, the judge or 
  2.35  agent shall immediately report the violation to the commissioner 
  2.36  of public safety.  The report must be made on a form provided by 
  3.1   the department of public safety and must contain the information 
  3.2   required under section 169.95. 
  3.3      Sec. 2.  [260.162] [REPORT ON JUVENILE DELINQUENCY 
  3.4   PETITIONS.] 
  3.5      The state court administrator shall annually prepare and 
  3.6   present to the chairs of the house judiciary committee and the 
  3.7   senate crime prevention committee aggregate data by judicial 
  3.8   district on juvenile delinquency petitions.  The report must 
  3.9   include, but need not be limited to, information on the act for 
  3.10  which a delinquency petition is filed, the age of the juvenile, 
  3.11  the county where the petition was filed, the outcome of the 
  3.12  petition, such as dismissal, continuance for dismissal, 
  3.13  continuance without adjudication, and the disposition of the 
  3.14  petition such as diversion, detention, probation, restitution, 
  3.15  or fine. 
  3.16     The report shall be prepared on a calendar-year basis and 
  3.17  shall be submitted on or before July 1 of each year. 
  3.18     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  3.19  299C.095, subdivision 1, is amended to read: 
  3.20     Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
  3.21  and maintain the computerized juvenile history record system 
  3.22  based on section 260.161 and other statutes requiring the 
  3.23  reporting of data on juveniles.  Except as otherwise provided by 
  3.24  section 260.161, subdivision 2, the data in the system are 
  3.25  private data as defined in section 13.02, subdivision 12, but.  
  3.26  The data classified as private are accessible to criminal 
  3.27  justice agencies as defined in section 13.02, subdivision 3a, to 
  3.28  all trial courts and appellate courts, to a person who has 
  3.29  access to the juvenile court records as provided in section 
  3.30  260.161 or under court rule and to criminal justice agencies in 
  3.31  other states in the conduct of their official duties. 
  3.32     (b) Except for access authorized under paragraph (a), the 
  3.33  bureau shall only disseminate a juvenile adjudication history 
  3.34  record in connection with a background check required by statute 
  3.35  or rule and performed on a licensee, license applicant, or 
  3.36  employment applicant or performed under section 624.713.  A 
  4.1   consent for release of information from an individual who is the 
  4.2   subject of a juvenile adjudication history is not effective and 
  4.3   the bureau shall not release a juvenile adjudication history 
  4.4   record and shall not release information in a manner that 
  4.5   reveals the existence of the record.