Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 499-S.F.No. 2208 
           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 a felony 
          offense as part of, or subsequent to, the delinquent 
          act of escape from confinement to a local juvenile 
          correctional facility; making it a crime for an 
          alleged or adjudicated juvenile delinquent who is 18 
          years old to escape from a local juvenile correctional 
          facility; changing certain grant limits and 
          procedures; exempting certain procedures and protocols 
          from the administrative procedure act; changing the 
          distribution of certain money; amending Minnesota 
          Statutes 1988, sections 260.015, subdivision 5; and 
          609.485, subdivisions 2 and 4; and Minnesota Statutes 
          1989 Supplement, sections 260.125, subdivision 3; 
          299A.34, subdivision 1; 299A.35, subdivision 2; 
          299C.155, subdivisions 2 and 3; and 609.5315, 
          subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 260.015, 
subdivision 5, is amended to read: 
    Subd. 5.  [DELINQUENT CHILD.] "Delinquent child" means a 
child: 
    (a) Who has violated any state or local law, except as 
provided in section 260.193, subdivision 1, and except for 
juvenile offenders as described in subdivisions 19 to 23; or 
    (b) Who has violated a federal law or a law of another 
state and whose case has been referred to the juvenile court if 
the violation would be an act of delinquency if committed in 
this state or a crime or offense if committed by an adult; or 
    (c) Who has escaped from confinement to a state juvenile 
correctional facility after being committed to the custody of 
the commissioner of corrections; or 
    (d) Who has escaped from confinement to a local juvenile 
correctional facility after being committed to the facility by 
the court. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, 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 or a local 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; or 
    (9) has previously been found by the court, pursuant to an 
admission in court or after trial, to have committed an offense 
which would be a felony if committed by an adult, and is alleged 
by delinquency petition to have committed a felony-level 
violation of chapter 152 involving the unlawful sale or 
possession of a schedule I or II controlled substance, while in 
a park zone or a school zone as defined in section 152.01, 
subdivisions 12a and 14a.  This clause does not apply to a 
juvenile alleged to have unlawfully possessed a controlled 
substance in a private residence located within the school zone 
or park zone.  
    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; 609.582, 
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. 3.  Minnesota Statutes 1989 Supplement, section 
299A.34, subdivision 1, is amended to read: 
    Subdivision 1.  [GRANT PROGRAMS.] (a) The commissioner 
shall develop grant programs to: 
    (1) assist law enforcement agencies in purchasing 
equipment, provide undercover buy money, and pay other 
nonpersonnel costs; and 
    (2) assist community and neighborhood organizations in 
efforts to prevent or reduce criminal activities in their areas, 
particularly activities involving youth and the use and sale of 
drugs.  
    (b) The commissioner shall by rule prescribe criteria for 
eligibility and the award of grants and reporting requirements 
for recipients. 
    Sec. 4.  Minnesota Statutes 1989 Supplement, section 
299A.35, subdivision 2, is amended to read: 
    Subd. 2.  [GRANT PROCEDURE.] A local unit of government or 
a nonprofit community-based entity may apply for a grant by 
submitting an application with the commissioner.  The applicant 
shall specify the following in its application: 
    (1) a description of each program for which funding is 
sought; 
    (2) the amount of funding to be provided to the program; 
    (3) the geographical area to be served by the program; and 
    (4) statistical information as to the number of arrests in 
the geographical area for violent crimes and for crimes 
involving schedule I and II controlled substances.  "Violent 
crime" includes a violation of or an attempt or conspiracy to 
violate any of the following laws:  sections 609.185; 609.19; 
609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 
609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 
609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 
609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 
subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 
609.687; and any provision of chapter 152 that is punishable by 
a maximum term of imprisonment greater than ten years. 
    The commissioner shall give priority to funding programs in 
the geographical areas that have the highest crime rates, as 
measured by the data supplied under clause (4), and that 
demonstrate substantial involvement by members of the community 
served by the program.  The maximum amount that may be awarded 
to an applicant is $25,000 $50,000. 
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
299C.155, subdivision 2, is amended to read: 
    Subd. 2.  [UNIFORM EVIDENCE COLLECTION.] The bureau shall 
develop uniform procedures and protocols for collecting evidence 
in cases of alleged or suspected criminal sexual conduct, 
including procedures and protocols for the collection and 
preservation of human biological specimens for DNA analysis. Law 
enforcement agencies and medical personnel who conduct 
evidentiary exams shall use the uniform procedures and protocols 
in their investigation of criminal sexual conduct offenses.  The 
uniform procedures and protocols developed under this 
subdivision are not subject to the rulemaking provisions of 
chapter 14. 
    Sec. 6.  Minnesota Statutes 1989 Supplement, section 
299C.155, subdivision 3, is amended to read: 
    Subd. 3.  [DNA ANALYSIS AND DATA BANK.] The bureau shall 
adopt uniform procedures and protocols to maintain, preserve, 
and analyze human biological specimens for DNA.  The bureau 
shall establish a centralized system to cross-reference data 
obtained from DNA analysis.  The uniform procedures and 
protocols developed under this subdivision are not subject to 
the rulemaking provisions of chapter 14. 
    Sec. 7.  Minnesota Statutes 1988, 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. 8.  Minnesota Statutes 1988, 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 19th 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. 
    (8) Notwithstanding clause (6), if a person who is in 
lawful custody on an allegation or adjudication of a delinquent 
act while 18 years of age escapes from a local juvenile 
correctional facility, the person's sentence under this section 
begins on the person's 19th birthday or on the person's date of 
discharge from the jurisdiction of the juvenile court, whichever 
occurs first.  However, if the person described in this clause 
is convicted after becoming 19 years old and after discharge 
from the jurisdiction of the juvenile court, the person's 
sentence begins upon imposition by the sentencing court. 
     Sec. 9.  Minnesota Statutes 1989 Supplement, section 
609.5315, subdivision 5, is amended to read: 
    Subd. 5.  [DISTRIBUTION OF MONEY.] Seventy percent of The 
money or proceeds from the sale of forfeited property, after 
payment of seizure, storage, forfeiture, and sale expenses, and 
satisfaction of valid liens against the property, must be 
distributed as follows: 
    (1) 70 percent of the money or proceeds must be forwarded 
to the appropriate agency for deposit to the general fund, and 
as a supplement to the agency's operating fund or similar fund 
for use in law enforcement; 
    (2) 20 percent of the money or proceeds must be forwarded 
to the county attorney or other prosecuting agency that handled 
the forfeiture for deposit as a supplement to its operating fund 
or similar fund for prosecutorial purposes.; and 
    (3) the remaining ten percent of the money or proceeds must 
be forwarded within 60 days after resolution of the forfeiture 
to the state treasury and credited to the general fund.  Any 
local police relief association organized under chapter 423, 
which received or was entitled to receive the proceeds of any 
sale made under this section before the effective date of Laws 
1988, chapter 665, sections 1 to 17, shall continue to receive 
and retain the proceeds of these sales. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 7 and 8 are effective August 1, 1990, and apply to 
crimes committed on or after that date. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 24, 1990, 9:58 p.m.