SF 994

as introduced - 89th Legislature (2015 - 2016) Posted on 03/13/2015 05:12pm

A bill for an act
relating to juvenile justice; addressing numerous issues relating to juveniles
including diversion, use of restraints, and alternatives to detention; appropriating
money; amending Minnesota Statutes 2014, sections 244.05, subdivisions 4,
5; 260B.001, subdivision 2; 260B.125, by adding a subdivision; 260B.130,
subdivision 4; 609.106, subdivision 2, by adding a subdivision; 609.3455,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 260B.

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

ARTICLE 1

JUVENILE PROCEEDINGS

Section 1.

Minnesota Statutes 2014, section 260B.001, subdivision 2, is amended to
read:

Subd. 2.

Delinquency.

The purpose of the laws relating to children alleged or
adjudicated to be delinquent is to promote the public safety deleted text begin and reduce deleted text end new text begin by reducing new text end
juvenile delinquency by maintaining the integrity of the substantive law prohibiting
certain behavior and by developing individual responsibility for lawful behavior. This
purpose should be pursued through means that are fair and just, that recognize the unique
characteristics and needs of children, and that give children access to opportunities for
personal and social growth.

Sec. 2.

new text begin [260B.008] USE OF RESTRAINTS.
new text end

new text begin (a) As used in this section, "restraints" means a mechanical or other device that
constrains the movement of a person's body or limbs.
new text end

new text begin (b) Restraints may not be used on a child appearing in court in a proceeding under
this chapter unless the court finds that:
new text end

new text begin (1) the use of restraints is necessary:
new text end

new text begin (i) to prevent physical harm to the child or another; or
new text end

new text begin (ii) to prevent the child from fleeing in situations in which the child presents a
substantial risk of flight from the courtroom; and
new text end

new text begin (2) there are no less restrictive alternatives to restraints that will prevent flight or
physical harm to the child or another, including, but not limited to, the presence of court
personnel, law enforcement officers, or bailiffs.
new text end

new text begin The finding in clause (1), item (i), may be based, among other things, on the child having
a history of disruptive courtroom behavior that has placed others in potentially harmful
situations, or presenting a substantial risk of inflicting physical harm on the child or others
as evidenced by recent behavior.
new text end

new text begin (c) The court shall provide the child an opportunity to be heard before ordering
the use of restraints. If restraints are ordered, the court shall make findings of fact in
support of the order.
new text end

Sec. 3.

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. 4. new text begin RULE SUPERSEDED.
new text end

new text begin Minnesota Rules of Juvenile Procedure, rule 2.03, subdivision 1, is superseded to
the extent it conflicts with section 2.
new text end

ARTICLE 2

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 2014, 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. 3.

Minnesota Statutes 2014, 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. 4.

Minnesota Statutes 2014, 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. 5.

Minnesota Statutes 2014, 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

Sec. 6.

Minnesota Statutes 2014, 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. 7.

Minnesota Statutes 2014, 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. 8.

Minnesota Statutes 2014, 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. 9. new text begin EFFECTIVE DATE; RETROACTIVITY.
new text end

new text begin Sections 2, 3, 6, 7, and 8 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 before that date.
new text end

ARTICLE 3

ALTERNATIVES TO JUVENILE DETENTION

Section 1. new text begin ALTERNATIVES TO JUVENILE DETENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Grant. new text end

new text begin The commissioner of public safety through the Office
of Justice Programs may award a grant to an organization designated as a nonprofit
by section 501(c)(3) of the Internal Revenue Code or a collaboration of organizations
including one or more nonprofit organizations to conduct training, technical support, and
peer learning opportunities for counties across the state interested in "Right on Crime"
strategies, specifically juvenile detention reform and addressing disparities in the juvenile
justice system to accomplish cost-effective interventions that leverage the strength of
families and communities. The collaboration must include at least one organization that
has a demonstrated history in working with Minnesota counties to address disparities in
the juvenile justice system. The intent of the grant is to achieve the following objectives:
new text end

new text begin (1) eliminate the inappropriate or unnecessary use of secure detention;
new text end

new text begin (2) minimize re-arrest and failure-to-appear rates pending adjudication;
new text end

new text begin (3) ensure appropriate conditions of confinement in secure facilities; and
new text end

new text begin (4) reduce racial and ethnic disparities.
new text end

new text begin Subd. 2. new text end

new text begin Grant criteria. new text end

new text begin (a) The grant recipient must:
new text end

new text begin (1) identify and support counties statewide in implementing the eight core strategies
identified by the Annie E. Casey Foundation that are proven to address disparities in
juvenile detention, including collaboration, use of accurate data, objective admissions
criteria and instruments, new or enhanced nonsecure alternatives to detention, case
processing reforms, special detention cases, reducing racial disparities, and improving
conditions of confinement;
new text end

new text begin (2) provide training, technical support, and peer learning opportunities to counties as
each county implements the eight core strategies under clause (1) throughout its county; and
new text end

new text begin (3) consistently collect, use, and report accurate data to diagnose system problems,
adapt strategies, and assess the impact of various training and capacity-building activities.
new text end

new text begin (b) The grant recipient must match at least $100,000 of the grant amount
dollar-for-dollar with money from private sector funds.
new text end

new text begin (c) A portion of the grant must be designated for counties to implement juvenile
detention reform.
new text end

new text begin (d) The commissioner shall ensure that most of the grant money distributed under
this section be used to benefit greater Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Program evaluation. new text end

new text begin The grant recipient must evaluate the effectiveness
of its intervention and work with subcontracted organizations to collect data. The grant
recipient must submit an evaluation plan to the commissioner delineating progress in
meeting the objectives of the grant.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $2,500,000 in fiscal year 2016 and $2,500,000 in fiscal year 2017 are appropriated
from the general fund to the commissioner of public safety for the grant program under
section 1.
new text end