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HF 922

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/15/2021 04:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2021
1st Engrossment Posted on 03/04/2021

Current Version - 1st Engrossment

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A bill for an act
relating to corrections; establishing guidelines for the use of restraints on juveniles;
excluding the general public from delinquency hearings; providing alternatives to
arrest for juveniles; providing for juvenile risk assessments; amending Minnesota
Statutes 2020, sections 260B.163, subdivision 1; 260B.176, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 260B.

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

Section 1.

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 or behavior while in custody for any current or
prior offense 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 past
behavior. The court may take into account the physical structure of the courthouse in
assessing the applicability of the above factors to the individual child.
new text end

new text begin (c) The court shall be provided the child's behavior history and shall provide the child
an opportunity to be heard in person or through counsel 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

new text begin (d) By April 1, 2022, each judicial district shall develop a protocol to address how to
implement and comply with this section. In developing the protocol, a district shall consult
with law enforcement agencies, prosecutors, public defenders within the district, and any
other entity deemed necessary by the district's chief judge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a), (b), and (c) are effective April 15, 2022. Paragraph
(d) is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 260B.163, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) Except for hearings arising under section 260B.425, hearings
on any matter shall be without a jury and may be conducted in an informal manner, except
that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury
trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591
and the law of evidence shall apply in adjudicatory proceedings involving a child alleged
to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings
conducted pursuant to section 260B.125 except to the extent that the rules themselves provide
that they do not apply.

(b) When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the minor in accordance with
the provisions of sections 260B.001 to 260B.421.

(c) Except as otherwise provided in this paragraph, the court shall exclude the general
public from hearings under this chapter and shall admit only those persons who, in the
discretion of the court, have a direct interest in the case or in the work of the court. The
court shall permit the victim of a child's delinquent act to attend any related delinquency
proceeding, except that the court may exclude the victim:

(1) as a witness under the Rules of Criminal Procedure; and

(2) from portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public.

The court shall open the hearings to the public in deleted text begindelinquency ordeleted text end extended jurisdiction
juvenile proceedings where the child is alleged to have committed an offense or has been
proven to have committed an offense that would be a felony if committed by an adult and
the child was at least 16 years of age at the time of the offense, except that the court may
exclude the public from portions of a certification hearing to discuss psychological material
or other evidence that would not be accessible to the public in an adult proceeding.

(d) In all delinquency cases a person named in the charging clause of the petition as a
person directly damaged in person or property shall be entitled, upon request, to be notified
by the court administrator in writing, at the named person's last known address, of (1) the
date of the certification or adjudicatory hearings, and (2) the disposition of the case.

Sec. 3.

new text begin [260B.1755] ALTERNATIVE TO ARREST OF CERTAIN JUVENILE
OFFENDERS AUTHORIZED.
new text end

new text begin (a) A peace officer who has probable cause to believe that a child is a petty offender or
delinquent child may refer the child to a program that the law enforcement agency with
jurisdiction over the child deems appropriate.
new text end

new text begin (b) If a peace officer or law enforcement agency refers a child to a program under
paragraph (a), the peace officer or law enforcement agency may defer issuing a citation or
a notice to the child to appear in juvenile court, transmitting a report to the prosecuting
authority, or otherwise initiating a proceeding in juvenile court.
new text end

new text begin (c) After receiving notice that a child who was referred to a program under paragraph
(a) successfully completed that program, a peace officer or law enforcement agency shall
not issue a citation or a notice to the child to appear in juvenile court, transmit a report to
the prosecuting authority, or otherwise initiate a proceeding in juvenile court for the conduct
that formed the basis of the referral.
new text end

new text begin (d) This section 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

Sec. 4.

Minnesota Statutes 2020, section 260B.176, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Risk assessment instrument. new text end

new text begin If a peace officer or probation or parole officer
who took a child into custody does not release the child as provided in subdivision 1, the
peace officer or probation or parole officer shall communicate with or deliver the child to
a juvenile secure detention facility to determine whether the child should be released or
detained. Before detaining a child, the supervisor of the facility shall use an objective and
racially, ethnically, and gender-responsive juvenile detention risk assessment instrument
developed by the commissioner of corrections, county, group of counties, or judicial district,
in consultation with the state coordinator or coordinators of the Minnesota Juvenile Detention
Alternatives Initiative. The risk assessment instrument must assess the likelihood that a
child released from preadjudication detention under this section or section 260B.178 would
endanger others or not return for a court hearing. The instrument must identify the appropriate
setting for a child who might endanger others or not return for a court hearing pending
adjudication, with either continued detention or placement in a noncustodial
community-based supervision setting. The instrument must also identify the type of
noncustodial community-based supervision setting necessary to minimize the risk that a
child who is released from custody will endanger others or not return for a court hearing.
If, after using the instrument, a determination is made that the child should be released, the
person taking the child into custody or the supervisor of the facility shall release the child
as provided in subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 15, 2022.
new text end