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SF 994

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/04/2016 08:44am

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

Current Version - 2nd Engrossment

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A bill for an act
relating to juvenile justice; addressing numerous issues relating to juveniles
including risk assessments, alternatives to arrest, use of restraints, and
sentencing; amending Minnesota Statutes 2014, sections 244.05, subdivision 4;
260B.125, by adding a subdivision; 260B.130, subdivision 4; 260B.176, by
adding a subdivision; 609.106, by adding a subdivision; 609.3455, subdivision 2;
Minnesota Statutes 2015 Supplement, sections 244.05, subdivision 5; 609.106,
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.

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

Sec. 2.

new text begin [260B.1755] ALTERNATIVE TO ARREST OF CERTAIN 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 program that the law enforcement agency with jurisdiction over the
child deems appropriate.
new text end

new text begin (b) This section does not apply to violent felony offenses or 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 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 are eligible for referrals
under this section.
new text end

Sec. 3. new text beginRULE 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 1.
new text end

Sec. 4. new text beginCOMPLIANCE WITH JUVENILE RESTRAINT PROVISION.
new text end

new text begin By July 1, 2017, each judicial district shall develop a protocol to address how to
implement and comply with section 1. In developing the protocol, a district shall consult
with law enforcement agencies, prosecutors, and public defenders within the district, as
well as any other entity deemed necessary by the district's chief judge.
new text end

ARTICLE 2

SENTENCES

Section 1. new text beginLEGISLATIVE 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 609.106new text begin, subdivision 2,new text end or 609.3455, subdivision 2,
new text beginparagraph (a), new text endmust not be given supervised release under this section.

(b) new text beginExcept as provided in paragraph (f),new text end 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

new text begin (f) An inmate serving a mandatory life sentence for a crime described in paragraph
(b) who was under 18 years of age at the time of the commission of the offense requiring
the life sentence, and who was certified under section 260B.125 or designated an extended
jurisdiction juvenile under section 260B.130, 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 2015 Supplement, 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, paragraph (a), clause (3), (5), or
(6); new text begin609.106, subdivision 3; new text end609.3455, subdivision new text begin2, paragraph (c), new text end3new 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 2015 Supplement, section 609.106, subdivision 2, is
amended to read:


Subd. 2.

Life without release.

new text beginExcept as provided in subdivision 3, new text endthe 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, paragraph (a), clause (3); or

(3) the person is convicted of first-degree murder under section 609.185, paragraph
(a), 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 beginExcept as provided in paragraph (c), new text endnotwithstanding 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 beginEFFECTIVE 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

RISK ASSESSMENTS

Section 1.

Minnesota Statutes 2014, 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 A person making a release decision
under subdivision 1 shall use an objective and racially, ethnically, and gender-responsive
juvenile detention risk assessment instrument developed by the commissioner, county,
group of counties, or judicial district, in consultation with individuals associated with the
Minnesota Juvenile Detention Alternative Initiative. The risk assessment instrument must
assess the likelihood that a child released from preadjudication detention under section
260B.176 or 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2017.
new text end

Sec. 2. new text beginADOPTION OF JUVENILE DETENTION RISK ASSESSMENT
INSTRUMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Adoption required. new text end

new text begin By September 15, 2016, the commissioner
of corrections shall adopt an objective and racially, ethnically, and gender-responsive
juvenile detention risk assessment instrument.
new text end

new text begin Subd. 2. new text end

new text begin Consultation required. new text end

new text begin In adopting the risk assessment instrument
required in subdivision 1, the commissioner shall consult and collaborate with the
commissioners of public safety and human services, individuals associated with the
Minnesota Juvenile Detention Alternative Initiative, and individuals throughout the state
who are knowledgeable in matters relating to the detention and treatment of juvenile
offenders and at-risk juveniles including, but not limited to, individuals from the courts,
probation, law enforcement, prosecutorial offices, public defender's offices, communities
of color, social services, juvenile detention and shelter care facilities, and juvenile
residential treatment and correctional facilities. The commissioner shall also review
similar risk assessment instruments in use both inside and outside of the state.
new text end