Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 147-H.F.No. 76 
           An act relating to juveniles; establishing maximum 
          periods of detention of juveniles in adult jails or 
          lockups; prohibiting detention beyond the maximum 
          period before a detention hearing is held; prohibiting 
          detention beyond the maximum period after August 1, 
          1991, unless a reference motion has been filed; 
          prohibiting temporary detention beyond the maximum 
          period; amending Minnesota Statutes 1988, sections 
          260.171, subdivisions 2 and 4; 260.172, subdivisions 1 
          and 2; and 260.173, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 260.171, 
subdivision 2, is amended to read: 
    Subd. 2.  (a) If the child is not released as provided in 
subdivision 1, the person taking the child into custody shall 
notify the court as soon as possible of the detention of the 
child and the reasons for detention.  Except a child taken into 
custody pursuant to section 260.165, subdivision 1, clause (a) 
or (c)(2), no child may be detained in a secure detention 
facility or a shelter care facility longer than 24 hours, 
excluding Saturdays, Sundays and holidays, unless an order for 
detention, specifying the reason for detention, is signed by the 
judge or referee. 
    (b) No child may be detained in a juvenile secure detention 
facility or shelter care facility longer than 36 hours, 
excluding Saturdays, Sundays or, and holidays, after being taken 
into custody for a delinquent act as defined in section 260.015, 
subdivision 5, unless a petition has been filed and the judge or 
referee determines pursuant to section 260.172 that the child 
shall remain in detention.  
    (c) No child may be detained in an adult jail or municipal 
lockup longer than 24 hours, excluding Saturdays, Sundays, and 
holidays, or longer than six hours in an adult jail or municipal 
lockup in a standard metropolitan statistical area, after being 
taken into custody for a delinquent act as defined in section 
260.015, subdivision 5, unless: 
    (1) a petition has been filed under section 260.131; and 
    (2) a judge or referee has determined under section 260.172 
that the child shall remain in detention. 
     After August 1, 1991, no child described in this paragraph 
may be detained in an adult jail or municipal lockup longer than 
24 hours, excluding Saturdays, Sundays, and holidays, or longer 
than six hours in an adult jail or municipal lockup in a 
standard metropolitan statistical area, unless the requirements 
of this paragraph have been met and, in addition, a motion to 
refer the child for adult prosecution has been made under 
section 260.125. 
    (d) No child taken into custody pursuant to section 
260.165, subdivision 1, clause (a) or (c)(2) may be held in a 
shelter care facility longer than 72 hours, excluding Saturdays, 
Sundays and holidays, unless a petition has been filed and the 
judge or referee determines pursuant to section 260.172 that the 
child shall remain in custody.  
    (e) If a child described in section 260.173, subdivision 4, 
paragraph (c) is to be detained in a jail beyond 48 24 hours, 
excluding Saturdays, Sundays, and holidays, the judge or 
referee, in accordance with rules and procedures established by 
the commissioner of corrections, shall notify the commissioner 
of the place of the detention and the reasons therefor.  The 
commissioner shall thereupon assist the court in the relocation 
of the child in an appropriate juvenile secure detention 
facility or approved jail within the county or elsewhere in the 
state, or in determining suitable alternatives.  The 
commissioner shall direct that a child detained in a jail be 
detained after eight days from and including the date of the 
original detention order in an approved juvenile secure 
detention facility with the approval of the administrative 
authority of the facility.  If the court refers the matter to 
the prosecuting authority pursuant to section 260.125, notice to 
the commissioner shall not be required. 
    Sec. 2.  Minnesota Statutes 1988, section 260.171, 
subdivision 4, is amended to read: 
    Subd. 4.  If the person who has taken the child into 
custody determines that the child should be placed in a secure 
detention facility or a shelter care facility, that person shall 
advise the child and as soon as is possible, the child's parent, 
guardian, or custodian: 
     (a) of the reasons why the child has been taken into 
custody and why the child is being placed in a juvenile secure 
detention facility or a shelter care facility; and 
    (b) of the location of the juvenile secure detention 
facility or shelter care facility.  If there is reason to 
believe that disclosure of the location of the shelter care 
facility would place the child's health and welfare in immediate 
endangerment, disclosure of the location of the shelter care 
facility shall not be made; and 
     (c) that the child's parent, guardian, or custodian and 
attorney or guardian ad litem may make an initial visit to the 
juvenile secure detention facility or shelter care facility at 
any time.  Subsequent visits by a parent, guardian, or custodian 
may be made on a reasonable basis during visiting hours and by 
the child's attorney or guardian ad litem at reasonable hours; 
and 
     (d) that the child may telephone parents and an attorney or 
guardian ad litem from the juvenile secure detention facility or 
shelter care facility immediately after being admitted to the 
facility and thereafter on a reasonable basis to be determined 
by the director of the facility; and 
    (e) that the child may not be detained for acts as defined 
in section 260.015, subdivision 5, at a juvenile secure 
detention facility or shelter care facility longer than 36 
hours, excluding Saturdays, Sundays, and holidays, unless a 
petition has been filed within that time and the court orders 
the child's continued detention, pursuant to section 260.172; 
and 
    (f) that the child may not be detained for acts defined in 
section 260.015, subdivision 5, at an adult jail or municipal 
lockup longer than 24 hours, excluding Saturdays, Sundays, and 
holidays, or longer than six hours if the adult jail or 
municipal lockup is in a standard metropolitan statistical area, 
unless a petition has been filed and the court orders the 
child's continued detention under section 260.172; and 
    (g) that the child may not be detained pursuant to section 
260.165, subdivision 1, clause (a) or (c)(2), at a shelter care 
facility longer than 72 hours, excluding Saturdays, Sundays, and 
holidays, unless a petition has been filed within that time and 
the court orders the child's continued detention, pursuant to 
section 260.172; and 
    (g) (h) of the date, time, and place of the detention 
hearing; and 
    (h) (i) that the child and the child's parent, guardian, or 
custodian have the right to be present and to be represented by 
counsel at the detention hearing, and that if they cannot afford 
counsel, counsel will be appointed at public expense for the 
child, if it is a delinquency matter, or for any party, if it is 
a child in need of protection or services, neglected and in 
foster care, or termination of parental rights matter. 
     After August 1, 1991, the child's parent, guardian, or 
custodian shall also be informed under clause (f) that the child 
may not be detained in an adult jail or municipal lockup longer 
than 24 hours, excluding Saturdays, Sundays, and holidays, or 
longer than six hours if the adult jail or municipal lockup is 
in a standard metropolitan statistical area, unless a motion to 
refer the child for adult prosecution has been made within that 
time period. 
    Sec. 3.  Minnesota Statutes 1988, section 260.172, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except a child taken into custody pursuant 
to section 260.165, subdivision 1, clause (a) or (c)(2), a 
hearing shall be held within 36 hours of a child's being taken 
into custody, excluding Saturdays, Sundays, and holidays, to 
determine whether the child should continue in detention.  
Within 72 hours of a child being taken into custody pursuant to 
section 260.165, subdivision 1, clause (a) or (c)(2), excluding 
Saturdays, Sundays, and holidays, a hearing shall be held to 
determine whether the child should continue in custody.  (a) If 
a child was taken into custody under section 260.165, 
subdivision 1, clause (a) or (c)(2), the court shall hold a 
hearing within 72 hours of the time the child was taken into 
custody, excluding Saturdays, Sundays, and holidays, to 
determine whether the child should continue in custody.  
    (b) In all other cases, the court shall hold a detention 
hearing: 
    (1) within 36 hours of the time the child was taken into 
custody, excluding Saturdays, Sundays, and holidays, if the 
child is being held at a juvenile secure detention facility or 
shelter care facility; or 
    (2) within 24 hours of the time the child was taken into 
custody, excluding Saturdays, Sundays, and holidays, if the 
child is being held at an adult jail or municipal lockup.  
    (c) Unless there is reason to believe that the child would 
endanger self or others, not return for a court hearing, run 
away from the child's parent, guardian, or custodian or 
otherwise not remain in the care or control of the person to 
whose lawful custody the child is released, or that the child's 
health or welfare would be immediately endangered, the child 
shall be released to the custody of a parent, guardian, 
custodian, or other suitable person.  
    Sec. 4.  Minnesota Statutes 1988, section 260.172, 
subdivision 2, is amended to read: 
    Subd. 2.  If the court determines that the child should 
continue in detention, it may order detention continued for 
eight days, excluding Saturdays, Sundays and holidays, from and 
including the date of the order.  Unless a motion to refer the 
child for adult prosecution is pending, a child who has been 
detained in an adult jail or municipal lockup and for whom 
continued detention is ordered, must be transferred to a 
juvenile secure detention facility or shelter care facility.  
The court shall include in its order the reasons for continued 
detention and the findings of fact which support these reasons. 
     Sec. 5.  Minnesota Statutes 1988, section 260.173, 
subdivision 4, is amended to read: 
    Subd. 4.  If a child is taken into custody as one who: 
    (a) has allegedly committed an act which would constitute a 
violation of a state law or a local ordinance if the child were 
an adult; or 
    (b) is reasonably believed to have violated the terms of 
probation, parole, or other field supervision under which the 
child had been placed as a result of behavior described under 
clause (a); 
    the child may be detained in a shelter care or secure 
juvenile detention facility.  If the child cannot be detained in 
another type of detention facility, and if there is no 
secure juvenile detention facility or existing acceptable 
detention alternative available for juveniles within the county, 
a child described in this subdivision may be detained up to 48 
24 hours, excluding Saturdays, Sundays, and holidays, or up to 
six hours in a standard metropolitan statistical area, in a 
jail, lockup or other facility used for the confinement of 
adults who have been charged with or convicted of a crime, in 
quarters separate from any adult confined in the facility which 
has been approved for the detention of juveniles for up to 48 
hours by the commissioner of corrections, or,.  If continued 
detention is required in an adult jail is approved by the court 
under section 260.172, subdivision 2, and there is no juvenile 
secure detention facility for juveniles available for use by the 
county having jurisdiction over the child, such child may be 
detained for no more than eight days from and including the date 
of the original detention order in separate quarters in any jail 
or other adult facility for the confinement of persons charged 
with or convicted of crime which has been approved by the 
commissioner of corrections to be suitable for the detention of 
juveniles for up to eight days.  Except for children who have 
been referred for prosecution pursuant to section 260.125, and 
as hereinafter provided, any child requiring secure detention 
for more than eight days from and including the date of the 
original detention order must be removed to an approved secure 
juvenile detention facility.  A child 16 years of age or older 
against whom a motion to refer for prosecution is pending before 
the court may be detained for more than eight days in separate 
quarters in a jail or other facility which has been approved by 
the commissioner of corrections for the detention of juveniles 
for up to eight days after a hearing and subject to the periodic 
reviews provided in section 260.172.  No child under the age of 
14 may be detained in a jail, lockup or other facility used for 
the confinement of adults who have been charged with or 
convicted of a crime. 
     Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective August 1, 1989.  Sections 4 
and 5 are effective August 1, 1991. 
    Presented to the governor May 15, 1989 
    Signed by the governor May 18, 1989, 3:17 p.m.