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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 515-H.F.No. 1111 
           An act relating to crimes; providing that it is a 
          prima facie case for reference for prosecution as an 
          adult if a child is alleged to have committed an 
          aggravated felony against the person as a member of an 
          organized gang; making it a crime for an alleged or 
          adjudicated juvenile delinquent who is 18 years old to 
          escape from lawful custody; providing for custody of 
          minors; amending Minnesota Statutes 1986, sections 
          260.125, subdivision 3; 609.485, subdivisions 2 and 4; 
          and 636.07; and Minnesota Statutes 1987 Supplement, 
          section 641.14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 260.125, 
subdivision 3, is amended to read:  
    Subd. 3.  A prima facie case that the public safety is not 
served or that the child is not suitable for treatment shall 
have been established if the child was at least 16 years of age 
at the time of the alleged offense and: 
    (1) Is alleged by delinquency petition to have committed an 
aggravated felony against the person and (a) in committing the 
offense, the child acted with particular cruelty or disregard 
for the life or safety of another; or (b) the offense involved a 
high degree of sophistication or planning by the juvenile; or 
    (2) Is alleged by delinquency petition to have committed 
murder in the first degree; or 
    (3) Is alleged by delinquency petition (a) to have 
committed the delinquent act of escape from confinement to a 
state juvenile correctional facility and (b) to have committed 
an offense as part of, or subsequent to, escape from custody 
that would be a felony listed in section 609.11, subdivision 9, 
if committed by an adult; or 
    (4) Has been found by the court, pursuant to an admission 
in court or after trial, to have committed an offense within the 
preceding 24 months which would be a felony if committed by an 
adult, and is alleged by delinquency petition to have committed 
murder in the second or third degree, manslaughter in the first 
degree, criminal sexual conduct in the first degree or assault 
in the first degree; or 
    (5) Has been found by the court, pursuant to an admission 
in court or after trial, to have committed two offenses, not in 
the same behavioral incident, within the preceding 24 months 
which would be felonies if committed by an adult, and is alleged 
by delinquency petition to have committed manslaughter in the 
second degree, kidnapping, criminal sexual conduct in the second 
degree, arson in the first degree, aggravated robbery, or 
assault in the second degree; or 
    (6) Has been found by the court, pursuant to an admission 
in court or after trial, to have committed two offenses, not in 
the same behavioral incident, within the preceding 24 months, 
one or both of which would be the felony of burglary of a 
dwelling if committed by an adult, and the child is alleged by 
the delinquency petition to have committed another burglary of a 
dwelling.  For purposes of this subdivision, "dwelling" means a 
building which is, in whole or in part, usually occupied by one 
or more persons living there at night; or 
    (7) Has previously been found by the court, pursuant to an 
admission in court or after trial, to have committed three 
offenses, none in the same behavioral incident, within the 
preceding 24 months which would be felonies if committed by an 
adult, and is alleged by delinquency petition to have committed 
any felony other than those described in clause (2), (4), or 
(5); or 
    (8) Is alleged by delinquency petition to have committed an 
aggravated felony against the person, other than a violation of 
section 609.713, in furtherance of criminal activity by an 
organized gang.  
    For the purposes of this subdivision, "aggravated felony 
against the person" means a violation of any of the following 
provisions:  section 609.185; 609.19; 609.195; 609.20, 
subdivision 1 or 2; 609.221; 609.222; 609.223; 609.245; 609.25; 
609.342; 609.343; 609.344, subdivision 1, clause (c) or (d); 
609.345, subdivision 1, clause (c) or (d); 609.561; 609.58, 
subdivision 2, clause (b) 609.582, subdivision 1, clause (b) or 
(c); or 609.713. 
    For the purposes of this subdivision, an "organized gang" 
means an association of five or more persons, with an 
established hierarchy, formed to encourage members of the 
association to perpetrate crimes or to provide support to 
members of the association who do commit crimes. 
    Sec. 2.  Minnesota Statutes 1986, section 609.485, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
following may be sentenced as provided in subdivision 4: 
    (1) Escapes while held in lawful custody on a charge or 
conviction of a crime, or while held in lawful custody of the 
commissioner of corrections on an allegation or adjudication of 
a delinquent act while 18 years of age; 
    (2) Transfers to another, who is in lawful custody on a 
charge or conviction of a crime, or introduces into an 
institution in which the latter is confined, anything usable in 
making such escape, with intent that it shall be so used; 
    (3) Having another in lawful custody on a charge or 
conviction of a crime, intentionally permits the other to 
escape; or 
    (4) Escapes while in a facility designated under section 
253B.18, subdivision 1, pursuant to a court commitment order 
after a finding of not guilty by reason of mental illness or 
mental deficiency of a crime against the person, as defined in 
section 253B.02, subdivision 4a.  Notwithstanding section 
609.17, no person may be charged with or convicted of an attempt 
to commit a violation of this clause.  
    Sec. 3.  Minnesota Statutes 1986, section 609.485, 
subdivision 4, is amended to read: 
    Subd. 4.  [SENTENCE.] Except as otherwise provided in 
subdivision 3a, whoever violates this section may be sentenced 
as follows: 
    (1) If the person who escapes is in lawful custody on a 
charge or conviction of a felony, to imprisonment for not more 
than five years or to payment of a fine of not more than 
$10,000, or both.  
    (2) If the person who escapes is in lawful custody after a 
finding of not guilty by reason of mental illness or mental 
deficiency of a crime against the person, as defined in section 
253B.02, subdivision 4a, to imprisonment for not more than one 
year and one day or to payment of a fine of not more than 
$3,000, or both. 
    (3) If such charge or conviction is for a gross 
misdemeanor, or if the person who escapes is in lawful custody 
of the commissioner of corrections on an allegation or 
adjudication of a delinquent act while 18 years of age, to 
imprisonment for not more than one year or to payment of a fine 
of not more than $3,000, or both.  
    (4) If such charge or conviction is for a misdemeanor, to 
imprisonment for not more than 90 days or to payment of a fine 
of not more than $700, or both.  
    (5) If the escape was a violation of subdivision 2, clause 
(1), (2), or (3) and was effected by violence or threat of 
violence against a person, the sentence may be increased to not 
more than twice those permitted in clauses (1), (3), and (4). 
    (6) Unless a concurrent term is specified by the court, a 
sentence under this section shall be consecutive to any sentence 
previously imposed or which may be imposed for any crime or 
offense for which the person was in custody when the person 
escaped. 
    (7) Notwithstanding clause (6), if a person who was 
committed to the commissioner of corrections under section 
260.185 escapes from the custody of the commissioner while 18 
years of age, the person's sentence under this section shall 
commence on the person's nineteenth birthday or on the person's 
date of discharge by the commissioner of corrections, whichever 
occurs first.  However, if the person described in this clause 
is convicted under this section after becoming 19 years old and 
after having been discharged by the commissioner, the person's 
sentence shall commence upon imposition by the sentencing court. 
     Sec. 4.  Minnesota Statutes 1986, section 636.07, is 
amended to read:  
    636.07 [CARE AND CUSTODY OF MINORS.] 
    Every sheriff or other person having charge of a minor 
under the age of 18 years, chargeable with any crime, shall 
provide a separate place of confinement for the minor, under no 
circumstances with grown-up prisoners.  Every the minor while in 
confinement shall be provided with good reading matter, and 
relatives and friends likely to exert a good influence over the 
minor shall at all reasonable times be permitted to visit. 
    Sec. 5.  Minnesota Statutes 1987 Supplement, section 
641.14, is amended to read:  
    641.14 [JAILS, HOW KEPT; SEPARATION OF PRISONERS.] 
    The sheriff of each county shall have charge of the jail, 
and be is responsible for its the operation and condition of 
the jail.  Male and female prisoners shall be kept in separate 
rooms.  No minor under 18 years shall be kept in the same room 
with adult prisoners.  No insane prisoner shall be kept in the 
same room with any other prisoner.  No person awaiting trial 
shall be kept in a room with a person convicted of a crime.  No 
person awaiting trial shall be kept in a room with another 
person awaiting trial unless consistent with the person's 
safety, health and welfare.  So far as If construction of the 
jail will permit permits, and so far as the sheriff shall 
maintain strict separation of prisoners to the extent that 
separation is consistent with prisoners' security, safety, 
health, and welfare, strict separation of prisoners shall be 
maintained.  The sheriff shall not keep in the same room or 
section of the jail: 
    (1) a minor under 18 years old and a prisoner who is 18 
years old or older, unless the minor has been committed to the 
commissioner of corrections under section 609.105 or the minor 
has been referred for adult prosecution and the prosecuting 
authority has filed a notice of intent to prosecute the matter 
for which the minor is being held under section 260.125; 
    (2) an insane prisoner and another prisoner; 
    (3) a prisoner awaiting trial and a prisoner who has been 
convicted of a crime; 
    (4) a prisoner awaiting trial and another prisoner awaiting 
trial, unless consistent with the safety, health, and welfare of 
both; and 
    (5) a female prisoner and a male prisoner. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 2, 3, 4, and 5 are effective August 1, 1988, and 
apply to crimes committed on or after that date. 
    Approved April 14, 1988