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1994 Minnesota Session Laws

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

                            CHAPTER 576-H.F.No. 2074 
                  An act relating to crime prevention; juvenile justice; 
                  providing for adult court jurisdiction over juveniles 
                  alleged to have committed first degree murder after 
                  age 16; providing for presumptive certification to 
                  adult court for juveniles over age 16 alleged to have 
                  committed other prison-level felonies or any felony 
                  while using a firearm; authorizing the court or the 
                  prosecutor to designate a juvenile an extended 
                  jurisdiction juvenile; authorizing adult felony 
                  sentences for extended jurisdiction juveniles; 
                  extending juvenile court jurisdiction to age 21 for 
                  extended jurisdiction juveniles; limiting 
                  certification to adult court to felony offenses; 
                  extending a right to jury trial to extended 
                  jurisdiction juveniles; requiring that a juvenile have 
                  an in-person consultation with counsel before waiving 
                  right to counsel; requiring appointment of counsel or 
                  standby counsel for juveniles charged with gross 
                  misdemeanors or felonies or when out-of-home 
                  delinquency placement is proposed; providing for adult 
                  court jurisdiction over juveniles alleged to have 
                  committed DWI-related traffic offenses after age 16; 
                  requiring parents to attend delinquency hearings; 
                  requiring county attorneys to establish juvenile 
                  diversion programs; providing mandatory minimum 
                  sentences for drive-by shooting crimes; expanding the 
                  crime relating to the possession of dangerous weapons 
                  on school property; increasing penalties for certain 
                  firearms offenses involving youth; establishing a task 
                  force on juvenile justice programming evaluation and 
                  planning; requiring that the department of corrections 
                  provide programming for serious and repeat juvenile 
                  offenders; appropriating money; amending Minnesota 
                  Statutes 1992, sections 126.78, by adding a 
                  subdivision; 242.31; 242.32; 257.3571, subdivision 3, 
                  and by adding a subdivision; 257.3572; 257.3579; 
                  260.015, subdivision 5; 260.111, by adding a 
                  subdivision; 260.115, subdivision 1; 260.121, 
                  subdivision 3; 260.125; 260.131, by adding a 
                  subdivision; 260.132; 260.145; 260.152; 260.155, 
                  subdivision 2, and by adding a subdivision; 260.161, 
                  subdivisions 1a and 2; 260.181, subdivision 4; 
                  260.185, subdivision 3, and by adding subdivisions; 
                  260.193, subdivisions 1, 3, 4, 6, and by adding a 
                  subdivision; 260.211, subdivision 1; 260.215, 
                  subdivision 1; 260.291; 268.31; 609.055, subdivision 
                  2; 609.49, subdivision 3, and by adding a subdivision; 
                  611.15; 611.19; 611.25, subdivision 1; 611A.02, by 
                  adding a subdivision; and 611A.77, subdivision 1; 
                  Minnesota Statutes 1993 Supplement, sections 260.155, 
                  subdivision 1; 260.161, subdivision 1; 299A.35, 
                  subdivisions 1 and 2; 299C.65, subdivision 1; 401.065, 
                  subdivision 1, and by adding a subdivision; 609.11, 
                  subdivision 9; 609.66, subdivision 1d; 624.713, 
                  subdivisions 1 and 3; 624.7132, subdivision 15; and 
                  624.7181, subdivision 2; proposing coding for new law 
                  in Minnesota Statutes, chapters 126; 260; 299A; and 
                  388. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [126.25] [COMMUNITY-BASED TRUANCY ACTION 
        PROJECTS.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
        education shall establish demonstration projects to reduce 
        truancy rates in schools by early identification of students 
        with school absenteeism problems and providing appropriate 
        interventions based on each student's underlying issues that are 
        contributing to the truant behavior. 
           Subd. 2.  [PROGRAM COMPONENTS.] (a) Projects eligible for 
        grants under this section shall be community-based and must 
        include cooperation between at least one school and one 
        community agency and provide coordinated intervention, 
        prevention, and educational services.  Services may include: 
           (1) assessment for underlying issues that are contributing 
        to the child's truant behavior; 
           (2) referral to community-based services for the child and 
        family which includes, but is not limited to, individual or 
        family counseling, educational testing, psychological 
        evaluations, tutoring, mentoring, and mediation; 
           (3) transition services to integrate the child back into 
        school and to help the child succeed once there; 
           (4) culturally sensitive programming and staffing; and 
           (5) increased school response including in-school 
        suspension, better attendance monitoring and enforcement, 
        after-school study programs, and in-service training for 
        teachers and staff. 
           (b) Priority will be given to grants that include: 
           (1) local law enforcement; 
           (2) elementary and middle schools; 
           (3) multiple schools and multiple community agencies; 
           (4) parent associations; and 
           (5) neighborhood associations. 
           Subd. 3.  [EVALUATION.] Grant recipients must report to the 
        commissioner of education by September 1 of each year on the 
        services and programs provided, the number of children served, 
        the average daily attendance for the school year, and the number 
        of habitual truancy and educational neglect petitions referred 
        for court intervention. 
           Sec. 2.  Minnesota Statutes 1992, section 126.78, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [REPORT.] A report detailing the costs and 
        results of programs funded under this section must be submitted 
        to the chairs of the committees in the senate and house of 
        representatives with jurisdiction over crime prevention funding 
        and criminal justice policy by February 15 each year. 
           Sec. 3.  Minnesota Statutes 1992, section 242.31, is 
        amended to read: 
           242.31 [RESTORATION OF CIVIL RIGHTS; POSSESSION OF 
        FIREARMS.] 
           Subdivision 1.  Whenever a person who has been committed to 
        the custody of the commissioner of corrections upon conviction 
        of a crime following reference for prosecution certification to 
        district court under the provisions of section 260.125 is 
        finally discharged by order of the commissioner, that discharge 
        shall restore the person to all civil rights and, if so ordered 
        by the commissioner of corrections, also shall have the effect 
        of setting aside the conviction, nullifying it and purging the 
        person of it.  The commissioner shall file a copy of the order 
        with the district court of the county in which the conviction 
        occurred; upon receipt, the court shall order the conviction set 
        aside.  An order setting aside a conviction for a crime of 
        violence as defined in section 624.712, subdivision 5, must 
        provide that the person is not entitled to ship, transport, 
        possess, or receive a firearm until ten years have elapsed since 
        the order was entered and during that time the person was not 
        convicted of any other crime of violence.  A person whose 
        conviction was set aside under this section and who thereafter 
        has received a relief of disability under United States Code, 
        title 18, section 925, shall not be subject to the restrictions 
        of this subdivision. 
           Subd. 2.  Whenever a person described in subdivision 1 has 
        been placed on probation by the court pursuant to section 
        609.135 and, after satisfactory fulfillment of it, is discharged 
        from probation, the court shall issue an order of discharge 
        pursuant to subdivision 2a and section 609.165.  On application 
        of the defendant or on its own motion and after notice to the 
        county attorney, the court in its discretion may also order that 
        the defendant's conviction be set aside with the same effect as 
        a court order under subdivision 1. 
           These orders restore the defendant to civil rights and 
        purge and free the defendant from all penalties and disabilities 
        arising from the defendant's conviction and the conviction shall 
        not thereafter be used against the defendant, except in a 
        criminal prosecution for a subsequent offense if otherwise 
        admissible therein.  In addition, the record of the defendant's 
        conviction shall be sealed and may be opened only upon court 
        order for purposes of a criminal investigation, prosecution, or 
        sentencing.  Upon request by law enforcement, prosecution, or 
        corrections authorities, the court or the department of public 
        safety shall notify the requesting party of the existence of the 
        sealed record and the right to seek a court order to open it 
        pursuant to this section.  
           Subd. 2a.  [CRIMES OF VIOLENCE; INELIGIBILITY TO POSSESS 
        FIREARMS.] The order of discharge must provide that a person who 
        has been convicted of a crime of violence, as defined in section 
        624.712, subdivision 5, is not entitled to ship, transport, 
        possess, or receive a firearm until ten years have elapsed since 
        the person was restored to civil rights and during that time the 
        person was not convicted of any other crime of violence.  Any 
        person who has received such a discharge and who thereafter has 
        received a relief of disability under United States Code, title 
        18, section 925, shall not be subject to the restrictions of 
        this subdivision.  
           Subd. 3.  The commissioner of corrections shall file a copy 
        of the order with the district court of the county in which the 
        conviction occurred; upon receipt, the court shall order the 
        conviction set aside and all records pertinent to the conviction 
        sealed.  These records shall only be reopened in the case of a 
        judicial criminal proceeding instituted at a later date or upon 
        court order, for purposes of a criminal investigation, 
        prosecution, or sentencing, in the manner provided in 
        subdivision 2. 
           The term "records" includes, but is not limited to, all 
        matters, files, documents and papers incident to the arrest, 
        indictment, information, complaint, trial, appeal, dismissal and 
        discharge, which relate to the conviction for which the order 
        was issued. 
           Sec. 4.  Minnesota Statutes 1992, section 242.32, is 
        amended to read: 
           242.32 [CONSTRUCTIVE PROGRAMS; COOPERATION, OTHER 
        AGENCIES SECURE PLACEMENT.] 
           Subdivision 1.  [COMMUNITY-BASED PROGRAMMING.] The 
        commissioner of corrections shall be charged with the duty of 
        developing constructive programs for the prevention and decrease 
        of delinquency and crime among youth and.  To that end, the 
        commissioner shall cooperate with counties and existing agencies 
        and to encourage the establishment of new agencies programming, 
        both local and statewide, having as their object the prevention 
        and decrease of delinquency and crime among youth; and to 
        provide a continuum of services for serious and repeat juvenile 
        offenders who do not require secure placement.  The commissioner 
        shall assist local authorities of any county or municipality 
        when so requested by the governing body thereof, in planning, 
        developing and coordinating their educational, welfare, 
        recreational and health activities or other constructive 
        community programs, which have as their object the conservation 
        of youth work jointly with the commissioner of human services 
        and counties and municipalities to develop and provide 
        community-based services for residential placement of juvenile 
        offenders and community-based services for nonresidential 
        programming for juvenile offenders and their families.  
           Subd. 2.  [SECURE PLACEMENT OF JUVENILE OFFENDERS.] The 
        commissioner shall license several small regional facilities 
        providing secure capacity programming for juveniles who have 
        been adjudicated delinquent or convicted as extended 
        jurisdiction juveniles and require secure placement.  The 
        programming shall be tailored to the types of juveniles being 
        served, including their offense history, age, gender, cultural 
        and ethnic heritage, mental health and chemical dependency 
        problems, and other characteristics.  Services offered shall 
        include but not be limited to: 
           (1) intensive general educational programs, with an 
        individual educational plan for each juvenile; 
           (2) specific educational components in the management of 
        anger and nonviolent conflict resolution; 
           (3) treatment for chemical dependency; 
           (4) mental health screening, assessment, and treatment; and 
           (5) programming to educate offenders about sexuality and 
        address issues specific to victims and perpetrators of sexual 
        abuse. 
           The facilities shall collaborate with facilities providing 
        nonsecure residential programming and with community-based 
        aftercare programs. 
           Subd. 3.  [LICENSURE.] The commissioner shall adopt rules 
        establishing licensing criteria for secure placement programming 
        for juvenile offenders.  The criteria must ensure that the 
        programming is distributed throughout the state.  The 
        commissioner is authorized to license long-term residential 
        secure programming up to a maximum of 100 beds statewide in 
        addition to those licensed as of the date of enactment of this 
        section. 
           Sec. 5.  Minnesota Statutes 1992, section 257.3571, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [COMPLIANCE GRANTS.] The commissioner shall 
        establish direct grants to an Indian child welfare defense 
        corporation, as defined in section 611.216, subdivision 1a, to 
        promote statewide compliance with the Indian family preservation 
        act and the Indian Child Welfare Act, United States Code, title 
        25, section 1901 et seq.  The commissioner shall give priority 
        consideration to applicants with demonstrated capability of 
        providing legal advocacy services statewide. 
           Sec. 6.  Minnesota Statutes 1992, section 257.3571, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUEST FOR PROPOSALS.] The commissioner shall 
        request proposals for primary support for Indian child welfare 
        programs and special focus programs grants under subdivisions 1 
        and, 2, and 2a, and specify the information and criteria 
        required. 
           Sec. 7.  Minnesota Statutes 1992, section 257.3572, is 
        amended to read: 
           257.3572 [GRANT APPLICATIONS.] 
           A tribe or Indian organization may apply for primary 
        support grants under section 257.3571, subdivision 1.  A local 
        social service agency, tribe, Indian organization, or other 
        social service organization may apply for special focus grants 
        under section 257.3571, subdivision 2.  Civil legal service 
        organizations eligible for grants under section 257.3571, 
        subdivision 2a, may apply for grants under that section.  
        Application may be made alone or in combination with other 
        tribes or Indian organizations.  
           Sec. 8.  Minnesota Statutes 1992, section 257.3579, is 
        amended to read: 
           257.3579 [AMERICAN INDIAN CHILD WELFARE ADVISORY COUNCIL.] 
           The commissioner shall appoint an American Indian advisory 
        council to help formulate policies and procedures relating to 
        Indian child welfare services and to make recommendations 
        regarding approval of grants provided under section 257.3571, 
        subdivisions 1 and, 2, and 2a.  The council shall consist of 17 
        members appointed by the commissioner and must include 
        representatives of each of the 11 Minnesota reservations who are 
        authorized by tribal resolution, one representative from the 
        Duluth Urban Indian Community, three representatives from the 
        Minneapolis Urban Indian Community, and two representatives from 
        the St. Paul Urban Indian Community.  Representatives from the 
        urban Indian communities must be selected through an open 
        appointments process under section 15.0597.  The terms, 
        compensation, and removal of American Indian child welfare 
        advisory council members shall be as provided in section 15.059. 
           Sec. 9.  Minnesota Statutes 1992, section 260.015, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DELINQUENT CHILD.] (a) Except as otherwise 
        provided in paragraph (b), "delinquent child" means a child: 
           (a) (1) 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; 
           (b) (2) 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; 
           (c) (3) who has escaped from confinement to a state 
        juvenile correctional facility after being committed to the 
        custody of the commissioner of corrections; or 
           (d) (4) who has escaped from confinement to a local 
        juvenile correctional facility after being committed to the 
        facility by the court. 
           (b) The term delinquent child does not include a child 
        alleged to have committed murder in the first degree after 
        becoming 16 years of age, but the term delinquent child does 
        include a child alleged to have committed attempted murder in 
        the first degree. 
           Sec. 10.  Minnesota Statutes 1992, section 260.111, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [NO JUVENILE COURT JURISDICTION OVER CERTAIN 
        OFFENDERS.] Notwithstanding any other law to the contrary, the 
        juvenile court lacks jurisdiction over proceedings concerning a 
        child excluded from the definition of delinquent child under 
        section 260.015, subdivision 5, paragraph (b).  The district 
        court has original and exclusive jurisdiction in criminal 
        proceedings concerning a child excluded from the definition of 
        delinquent child under section 260.015, subdivision 5, paragraph 
        (b). 
           Sec. 11.  Minnesota Statutes 1992, section 260.115, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Except where a juvenile court has referred 
        certified an alleged violation to a prosecuting authority 
        district court in accordance with the provisions of section 
        260.125 or a court has original jurisdiction of a child who has 
        committed a minor an adult court traffic offense, as defined in 
        section 260.193, subdivision 1, clause (c), a court other than a 
        juvenile court shall immediately transfer to the juvenile court 
        of the county the case of a minor who appears before the court 
        on a charge of violating any state or local law or ordinance and 
        who is under 18 years of age or who was under 18 years of age at 
        the time of the commission of the alleged offense. 
           Sec. 12.  Minnesota Statutes 1992, section 260.121, 
        subdivision 3, is amended to read: 
           Subd. 3.  Except when a child is alleged to have committed 
        a minor an adult court traffic offense, as defined in section 
        260.193, subdivision 1, clause (c), if it appears at any stage 
        of the proceeding that a child before the court is a resident of 
        another state, the court may invoke the provisions of the 
        interstate compact on juveniles or, if it is in the best 
        interests of the child or the public to do so, the court may 
        place the child in the custody of the child's parent, guardian, 
        or custodian, if the parent, guardian, or custodian agrees to 
        accept custody of the child and return the child to their state. 
           Sec. 13.  Minnesota Statutes 1992, section 260.125, is 
        amended to read: 
           260.125 [REFERENCE FOR PROSECUTION CERTIFICATION TO 
        DISTRICT COURT.] 
           Subdivision 1.  When a child is alleged to have violated a 
        state or local law or ordinance committed, after becoming 14 
        years of age, an offense that would be a felony if committed by 
        an adult, the juvenile court may enter an order referring 
        certifying the alleged violation proceeding to the appropriate 
        prosecuting authority district court for action under the 
        criminal laws in force governing the commission of and 
        punishment for violations of statutes or local laws or 
        ordinances.  The prosecuting authority to whom the matter is 
        referred shall within the time specified in the order of 
        reference, which time shall not exceed 90 days, file with the 
        court making the order of reference notice of intent to 
        prosecute or not to prosecute.  If the prosecuting authority 
        files notice of intent not to prosecute or fails to act within 
        the time specified, the court shall proceed as if no order of 
        reference had been made.  If such prosecuting authority files 
        with the court notice of intent to prosecute the jurisdiction of 
        the juvenile court in the matter is terminated. 
           Subd. 2.  [ORDER OF REFERENCE CERTIFICATION; REQUIREMENTS.] 
        Except as provided in subdivision 3a or 3b, the juvenile court 
        may order a reference certification to district court only if:  
           (a) (1) a petition has been filed in accordance with the 
        provisions of section 260.131; 
           (b) (2) a motion for certification has been filed by the 
        prosecuting authority; 
           (3) notice has been given in accordance with the provisions 
        of sections 260.135 and 260.141; 
           (c) (4) a hearing has been held in accordance with the 
        provisions of section 260.155 within 30 days of the filing of 
        the reference certification motion, unless good cause is shown 
        by the prosecution or the child as to why the hearing should not 
        be held within this period in which case the hearing shall be 
        held within 90 days of the filing of the motion; and 
           (d) (5) the court finds that 
           (1) there is probable cause, as defined by the rules of 
        criminal procedure promulgated pursuant to section 480.059, to 
        believe the child committed the offense alleged by delinquency 
        petition; and 
           (2) (6) the court finds either: 
           (i) that the presumption of certification created by 
        subdivision 2a applies and the child has not rebutted the 
        presumption by clear and convincing evidence demonstrating that 
        retaining the proceeding in the juvenile court serves public 
        safety; or 
           (ii) that the presumption of certification does not apply 
        and the prosecuting authority has demonstrated by clear and 
        convincing evidence that the child is not suitable to treatment 
        or that the retaining the proceeding in the juvenile court does 
        not serve public safety is not served under the provisions of 
        laws relating to juvenile courts.  If the court finds that the 
        prosecutor has not demonstrated by clear and convincing evidence 
        that retaining the proceeding in juvenile court does not serve 
        public safety, the court shall retain the proceeding in juvenile 
        court. 
           Subd. 2a.  [PRESUMPTION OF CERTIFICATION.] It is presumed 
        that a proceeding involving an offense committed by a child will 
        be certified to district court if: 
           (1) the child was 16 or 17 years old at the time of the 
        offense; and 
           (2) the delinquency petition alleges that the child 
        committed an offense that would result in a presumptive 
        commitment to prison under the sentencing guidelines and 
        applicable statutes, or that the child committed any felony 
        offense while using, whether by brandishing, displaying, 
        threatening with, or otherwise employing, a firearm. 
        If the court determines that probable cause exists to believe 
        the child committed the alleged offense, the burden is on the 
        child to rebut this presumption by demonstrating by clear and 
        convincing evidence that retaining the proceeding in the 
        juvenile court serves public safety.  If the court finds that 
        the child has not rebutted the presumption by clear and 
        convincing evidence, the court shall certify the child to 
        district court. 
           Subd. 2b.  [PUBLIC SAFETY.] In determining whether the 
        public safety is served by certifying a child to district court, 
        the court shall consider the following factors: 
           (1) the seriousness of the alleged offense in terms of 
        community protection, including the existence of any aggravating 
        factors recognized by the sentencing guidelines, the use of a 
        firearm, and the impact on any victim; 
           (2) the culpability of the child in committing the alleged 
        offense, including the level of the child's participation in 
        planning and carrying out the offense and the existence of any 
        mitigating factors recognized by the sentencing guidelines; 
           (3) the child's prior record of delinquency; 
           (4) the child's programming history, including the child's 
        past willingness to participate meaningfully in available 
        programming; 
           (5) the adequacy of the punishment or programming available 
        in the juvenile justice system; and 
           (6) the dispositional options available for the child. 
        In considering these factors, the court shall give greater 
        weight to the seriousness of the alleged offense and the child's 
        prior record of delinquency than to the other factors listed in 
        this subdivision. 
           Subd. 3.  [PRIMA FACIE CASE.] 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 
        (c) the juvenile, at the time of the offense, used, whether by 
        brandishing, displaying, threatening with, or otherwise 
        employing, a firearm; 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; or 
           (10) is alleged by delinquency petition to have committed a 
        violation of section 624.713, subdivision 1, clause (a), and has 
        been previously found by the court, pursuant to an admission in 
        court or after trial, to have committed a violation of section 
        624.713, subdivision 1, clause (a). 
           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. 
           Subd. 3a.  [PRIOR REFERENCE CERTIFICATION; EXCEPTION.] 
        Notwithstanding the provisions of subdivisions 2, and 3 2a, and 
        2b, the court shall order a reference certification in 
        any felony case where if the prosecutor shows that the child has 
        been previously referred for prosecution prosecuted on a felony 
        charge by an order of reference certification issued pursuant to 
        either a hearing held under subdivision 2 or pursuant to the 
        waiver of the right to such a hearing, other than a 
        prior reference certification in the same case. 
           This subdivision only applies if the child is convicted of 
        the offense or offenses for which the child was prosecuted 
        pursuant to the order of reference certification or of a lesser 
        included lesser-included offense which is a felony.  
           This subdivision does not apply to juvenile offenders who 
        are subject to criminal court jurisdiction under section 609.055.
           Subd. 3b.  [ADULT CHARGED WITH JUVENILE OFFENSE.] The 
        juvenile court has jurisdiction to hold a certification hearing 
        on motion of the prosecuting authority to certify the matter to 
        district court if: 
           (1) an adult is alleged to have committed an offense before 
        the adult's 18th birthday; and 
           (2) a petition is filed under section 260.131 before 
        expiration of the time for filing under section 628.26. 
        The court may not certify the matter to district court under 
        this subdivision if the adult demonstrates that the delay was 
        purposefully caused by the state in order to gain an unfair 
        advantage. 
           Subd. 4.  [EFFECT OF ORDER.] When the juvenile court enters 
        an order referring certifying an alleged violation to a 
        prosecuting authority district court, the prosecuting authority 
        shall proceed with the case as if the jurisdiction of the 
        juvenile court had never attached. 
           Subd. 5.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
        decide whether to order certification to district court within 
        15 days after the certification hearing was completed, unless 
        additional time is needed, in which case the court may extend 
        the period up to another 15 days.  If the juvenile court orders 
        a reference for prosecution certification, and the presumption 
        described in subdivision 2a does not apply, the order shall 
        contain in writing, findings of fact and conclusions of law as 
        to why the child is not suitable to treatment or the public 
        safety is not served under by retaining the provisions of laws 
        relating to proceeding in the juvenile courts court.  If the 
        juvenile court, after a hearing conducted pursuant to 
        subdivision 2, decides not to order a reference for prosecution 
        certification to district court, the decision shall contain, in 
        writing, findings of fact and conclusions of law as to why a 
        reference for prosecution certification is not ordered.  If the 
        juvenile court decides not to order certification in a case in 
        which the presumption described in subdivision 2a applies, the 
        court shall designate the proceeding an extended jurisdiction 
        juvenile prosecution and include in its decision written 
        findings of fact and conclusions of law as to why the retention 
        of the proceeding in juvenile court serves public safety, with 
        specific reference to the factors listed in subdivision 2b.  If 
        the court decides not to order certification in a case in which 
        the presumption described in subdivision 2a does not apply, the 
        court may designate the proceeding an extended jurisdiction 
        juvenile prosecution. 
           Subd. 6.  [FIRST-DEGREE MURDER.] When a motion for 
        certification has been filed in a case in which the petition 
        alleges that the child committed murder in the first degree, the 
        prosecuting authority shall present the case to the grand jury 
        for consideration of indictment under chapter 628 within 14 days 
        after the petition was filed. 
           Subd. 7.  [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 
        section does not apply to a child excluded from the definition 
        of delinquent child under section 260.015, subdivision 5, 
        paragraph (b). 
           Sec. 14.  [260.126] [EXTENDED JURISDICTION JUVENILE 
        PROSECUTIONS.] 
           Subdivision 1.  [DESIGNATION.] A proceeding involving a 
        child alleged to have committed a felony offense is an extended 
        jurisdiction juvenile prosecution if: 
           (1) the child was 14 to 17 years old at the time of the 
        alleged offense, a certification hearing was held, and the court 
        designated the proceeding an extended jurisdiction juvenile 
        prosecution; 
           (2) the child was 16 or 17 years old at the time of the 
        alleged offense; the child is alleged to have committed an 
        offense for which the sentencing guidelines and applicable 
        statutes presume a commitment to prison or to have committed any 
        felony in which the child allegedly used a firearm; and the 
        prosecutor designated in the delinquency petition that the 
        proceeding is an extended jurisdiction juvenile prosecution; or 
           (3) the child was 14 to 17 years old at the time of the 
        alleged offense, the prosecutor requested that the proceeding be 
        designated an extended jurisdiction juvenile prosecution, a 
        hearing was held on the issue of designation, and the court 
        designated the proceeding an extended jurisdiction juvenile 
        prosecution. 
           Subd. 2.  [HEARING ON PROSECUTOR'S REQUEST.] When a 
        prosecutor requests that a proceeding be designated an extended 
        jurisdiction juvenile prosecution, the court shall hold a 
        hearing under section 260.155 to consider the request.  The 
        hearing must be held within 30 days of the filing of the request 
        for designation, unless good cause is shown by the prosecution 
        or the child as to why the hearing should not be held within 
        this period in which case the hearing shall be held within 90 
        days of the filing of the request.  If the prosecutor shows by 
        clear and convincing evidence that designating the proceeding an 
        extended jurisdiction juvenile prosecution serves public safety, 
        the court shall grant the request for designation.  In 
        determining whether public safety is served, the court shall 
        consider the factors specified in section 260.125, subdivision 
        2b.  The court shall decide whether to designate the proceeding 
        an extended jurisdiction juvenile prosecution within 15 days 
        after the designation hearing is completed, unless additional 
        time is needed, in which case the court may extend the period up 
        to another 15 days. 
           Subd. 3.  [PROCEEDINGS.] A child who is the subject of an 
        extended jurisdiction juvenile prosecution has the right to a 
        trial by jury and to the effective assistance of counsel, as 
        described in section 260.155, subdivision 2. 
           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 
        260.185; 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 260.185.  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. 
           Subd. 5.  [EXECUTION OF ADULT SENTENCE.] When it appears 
        that a person convicted as an extended jurisdiction juvenile has 
        violated the conditions of the stayed sentence, or is alleged to 
        have committed a new offense, the court may, without notice, 
        revoke the stay and probation and direct that the offender be 
        taken into immediate custody.  The court shall notify the 
        offender in writing of the reasons alleged to exist for 
        revocation of the stay of execution of the adult sentence.  If 
        the offender challenges the reasons, the court shall hold a 
        summary hearing on the issue at which the offender is entitled 
        to be heard and represented by counsel.  After the hearing, if 
        the court finds that reasons exist to revoke the stay of 
        execution of sentence, the court shall treat the offender as an 
        adult and order any of the adult sanctions authorized by section 
        609.14, subdivision 3.  If the offender was convicted of an 
        offense described in subdivision 1, clause (2), and the court 
        finds that reasons exist to revoke the stay, the court must 
        order execution of the previously-imposed sentence unless the 
        court makes written findings regarding the mitigating factors 
        that justify continuing the stay. 
           Subd. 6.  [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 
        section does not apply to a child excluded from the definition 
        of delinquent child under section 260.015, subdivision 5, 
        paragraph (b). 
           Sec. 15.  Minnesota Statutes 1992, section 260.131, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [DELINQUENCY PETITION; EXTENDED JURISDICTION 
        JUVENILE.] When a prosecutor files a delinquency petition 
        alleging that a child committed a felony offense after reaching 
        the age of 16 years, the prosecutor shall indicate in the 
        petition whether the prosecutor designates the proceeding an 
        extended jurisdiction juvenile prosecution.  When a prosecutor 
        files a delinquency petition alleging that a child aged 14 to 17 
        years committed a felony offense, the prosecutor may request 
        that the court designate the proceeding an extended jurisdiction 
        juvenile prosecution. 
           Sec. 16.  Minnesota Statutes 1992, section 260.132, is 
        amended to read: 
           260.132 [PROCEDURE; HABITUAL TRUANTS, RUNAWAYS, JUVENILE 
        PETTY AND MISDEMEANOR OFFENDERS.] 
           Subdivision 1.  [NOTICE.] When a peace officer, or 
        attendance officer in the case of a habitual truant, has 
        probable cause to believe that a child: 
           (1) is in need of protection or services under section 
        260.015, subdivision 2a, clause (11) or (12), or; 
           (2) is a juvenile petty offender,; or 
           (3) has committed a delinquent act that would be a petty 
        misdemeanor or misdemeanor if committed by an adult; 
        the officer may issue a notice to the child to appear in 
        juvenile court in the county in which the child is found or in 
        the county of the child's residence or, in the case of a 
        juvenile petty offense, or a petty misdemeanor or misdemeanor 
        delinquent act, the county in which the offense was committed.  
        The officer shall file a copy of the notice to appear with the 
        juvenile court of the appropriate county.  If a child fails to 
        appear in response to the notice, the court may issue a summons 
        notifying the child of the nature of the offense alleged and the 
        time and place set for the hearing.  If the peace officer finds 
        it necessary to take the child into custody, sections 260.165 
        and 260.171 shall apply. 
           Subd. 2.  [EFFECT OF NOTICE.] Filing with the court a 
        notice to appear containing the name and address of the child, 
        specifying the offense alleged and the time and place it was 
        committed, has the effect of a petition giving the juvenile 
        court jurisdiction.  In the case of running away, the place 
        where the offense was committed may be stated in the notice as 
        either the child's custodial parent's or guardian's residence or 
        lawful placement or where the child was found by the officer.  
        In the case of truancy, the place where the offense was 
        committed may be stated as the school or the place where the 
        child was found by the officer.  
           Subd. 3.  [NOTICE TO PARENT.] Whenever a notice to appear 
        or petition is filed alleging that a child is in need of 
        protection or services under section 260.015, subdivision 2a, 
        clause (11) or (12), or is a juvenile petty offender, or has 
        committed a delinquent act that would be a petty misdemeanor or 
        misdemeanor if committed by an adult, the court shall summon and 
        notify the person or persons having custody or control of the 
        child of the nature of the offense alleged and the time and 
        place of hearing.  This summons and notice shall be served in 
        the time and manner provided in section 260.135, subdivision 1. 
           Sec. 17.  Minnesota Statutes 1992, section 260.145, is 
        amended to read: 
           260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, 
        ARREST.] 
           If any person personally served with summons or subpoena 
        fails, without reasonable cause, to appear or bring the 
        minor child, or if any custodial parent or guardian fails, 
        without reasonable cause, to accompany the child to a hearing as 
        required under section 260.155, subdivision 4b, the person may 
        be proceeded against for contempt of court or the court may 
        issue a warrant for the person's arrest, or both.  In any case 
        when it appears to the court that the service will be 
        ineffectual, or that the welfare of the minor child requires 
        that the minor child be brought forthwith into the custody of 
        the court, the court may issue a warrant for the minor child. 
           Sec. 18.  Minnesota Statutes 1992, section 260.152, is 
        amended to read: 
           260.152 [MENTAL HEALTH SCREENING OF JUVENILES IN 
        DETENTION CHILDREN.] 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of human 
        services, in cooperation with the commissioner of corrections, 
        shall establish pilot projects in counties to reduce the 
        recidivism rates of juvenile offenders, by identifying and 
        treating underlying mental health problems that contribute to 
        delinquent behavior and can be addressed through nonresidential 
        services.  At least one of the pilot projects must be in the 
        seven-county metropolitan area and at least one must be in 
        greater Minnesota. 
           Subd. 2.  [PROGRAM COMPONENTS.] (a) The commissioner of 
        human services shall, in consultation with the Indian affairs 
        council, the council on affairs of Spanish-speaking people, the 
        council on Black Minnesotans, and the council on Asian-Pacific 
        Minnesotans, provide grants to the counties for the pilot 
        projects.  The projects shall build upon the existing service 
        capabilities in the community and must include: 
           (1) availability of screening for mental health problems of 
        all juveniles admitted before adjudication to a secure detention 
        facility as defined in section 260.015, subdivision 16, and any 
        juvenile alleged to be delinquent as that term is defined in 
        section 260.015, subdivision 5, who is admitted to a shelter 
        care facility, as defined in section 260.015, subdivision 
        17; children who are alleged or found to be delinquent and 
        children who are reported as being or found to be in need of 
        protection or services. 
           (2) (b) The projects must include referral for mental 
        health assessment of all juveniles children for whom the 
        screening indicates a need.  This assessment is to be provided 
        by the appropriate mental health professional.  If the juvenile 
        child is of a minority race or minority ethnic heritage, the 
        mental health professional must be skilled in and knowledgeable 
        about the juvenile's child's racial and ethnic heritage, or must 
        consult with a special mental health consultant who has such 
        knowledge so that the assessment is relevant, culturally 
        specific, and sensitive to the juvenile's child's cultural needs 
        ; and. 
           (3) (c) Upon completion of the assessment, the project must 
        provide or ensure access to or provision of nonresidential 
        mental health services identified as needed in the assessment. 
           Subd. 3.  [SCREENING TOOL.] The commissioner of human 
        services and the commissioner of corrections, in consultation 
        with the Indian affairs council, the council on affairs of 
        Spanish-speaking people, the council on Black Minnesotans, and 
        the council on Asian-Pacific Minnesotans, shall jointly develop 
        a model screening tool to screen juveniles held in juvenile 
        detention children to determine if a mental health assessment is 
        needed.  This tool must contain specific questions to identify 
        potential mental health problems.  In implementing a pilot 
        project, a county must either use this model tool or another 
        screening tool approved by the commissioner of human services 
        which meets the requirements of this section. 
           Subd. 4.  [PROGRAM REQUIREMENTS.] To receive funds, the 
        county program proposal shall be a joint proposal with all 
        affected local agencies, resulting in part from consultation 
        with the local coordinating council established under section 
        245.4873, subdivision 3, and the local mental health advisory 
        council established under section 245.4875, subdivision 5, and 
        shall contain the following: 
           (1) evidence of interagency collaboration by all publicly 
        funded agencies serving juveniles children with emotional 
        disturbances, including evidence of consultation with the 
        agencies listed in this section; 
           (2) a signed agreement by the local court services and 
        local mental health and county social service agencies to work 
        together on the following:  development of a program; 
        development of written interagency agreements and protocols to 
        ensure that the mental health needs of juvenile offenders and 
        children in need of protection or services are identified, 
        addressed, and treated; and development of a procedure for joint 
        evaluation of the program; 
           (3) a description of existing services that will be used in 
        this program; 
           (4) a description of additional services that will be 
        developed with program funds, including estimated costs and 
        numbers of juveniles children to be served; and 
           (5) assurances that funds received by a county under this 
        section will not be used to supplant existing mental health 
        funding for which the juvenile child is eligible. 
           The commissioner of human services and the commissioner of 
        corrections shall jointly determine the application form, 
        information needed, deadline for application, criteria for 
        awards, and a process for providing technical assistance and 
        training to counties.  The technical assistance shall include 
        information about programs that have been successful in reducing 
        recidivism by juvenile offenders. 
           Subd. 5.  [INTERAGENCY AGREEMENTS.] To receive funds, the 
        county must agree to develop written interagency agreements 
        between local court services agencies and local county mental 
        health agencies within six months of receiving the initial 
        program funds.  These agreements shall include a description of 
        each local agency's responsibilities, with a detailed assignment 
        of the tasks necessary to implement the program.  The agreement 
        shall state how they will comply with the confidentiality 
        requirements of the participating local agencies. 
           Subd. 6.  [EVALUATION.] The commissioner of human services 
        and the commissioner of corrections shall, in consultation with 
        the Indian affairs council, the council on affairs of 
        Spanish-speaking people, the council on Black Minnesotans, and 
        the council on Asian-Pacific Minnesotans, develop systems and 
        procedures for evaluating the pilot projects.  The departments 
        must develop an interagency management information system to 
        track juveniles children who receive mental health and chemical 
        dependency services.  The system must be designed to meet the 
        information needs of the agencies involved and to provide a 
        basis for evaluating outcome data.  The system must be designed 
        to track the mental health treatment of juveniles children 
        released from custody and to improve the planning, delivery, and 
        evaluation of services and increase interagency collaboration.  
        The evaluation protocol must be designed to measure the impact 
        of the program on juvenile recidivism, school performance, and 
        state and county budgets. 
           Subd. 7.  [REPORT.] On By January 1, 1994, and annually 
        after that, each year, the commissioner of corrections and the 
        commissioner of human services shall present a joint report to 
        the legislature on the pilot projects funded under this section. 
        The report shall include information on the following: 
           (1) the number of juvenile offenders children screened and 
        assessed who are juvenile offenders and the number who were 
        reported as children in need of protection or services; 
           (2) the number of juveniles children referred for mental 
        health services, the types of services provided, and the costs; 
           (3) the number of subsequently adjudicated juveniles that 
        received mental health services under this program; and 
           (4) the estimated cost savings of the program and the 
        impact on crime and family reintegration. 
           Sec. 19.  Minnesota Statutes 1993 Supplement, section 
        260.155, subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
        under section 260.261, 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 260.125 except to the extent that the rules 
        themselves provide that they do not apply.  In all adjudicatory 
        proceedings involving a child alleged to be in need of 
        protection or services, the court shall admit only evidence that 
        would be admissible in a civil trial.  To be proved at trial, 
        allegations of a petition alleging a child to be in need of 
        protection or services must be proved by clear and convincing 
        evidence. 
           (b) Except for proceedings involving a child alleged to be 
        in need of protection or services and petitions for the 
        termination of parental rights, hearings may be continued or 
        adjourned from time to time.  In proceedings involving a child 
        alleged to be in need of protection or services and petitions 
        for the termination of parental rights, hearings may not be 
        continued or adjourned for more than one week unless the court 
        makes specific findings that the continuance or adjournment is 
        in the best interests of the child.  If a hearing is held on a 
        petition involving physical or sexual abuse of a child who is 
        alleged to be in need of protection or services or neglected and 
        in foster care, the court shall file the decision with the court 
        administrator as soon as possible but no later than 15 days 
        after the matter is submitted to the court.  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 260.011 to 
        260.301. 
           (c) Except as otherwise provided in this paragraph, the 
        court shall exclude the general public from these 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; except that,.  The court shall open 
        the hearings to the public in delinquency or 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 reference certification or 
        adjudicatory hearings, and (2) the disposition of the case. 
           (e) Adoption hearings shall be conducted in accordance with 
        the provisions of laws relating to adoptions. 
           Sec. 20.  Minnesota Statutes 1992, section 260.155, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The minor child, 
        parent, guardian or custodian have the right to effective 
        assistance of counsel in connection with a proceeding in 
        juvenile court.  Before a child who is charged by delinquency 
        petition with a misdemeanor offense waives the right to counsel 
        or enters a plea, the child shall consult in person with counsel 
        who shall provide a full and intelligible explanation of the 
        child's rights.  The court shall appoint counsel, or stand-by 
        counsel if the child waives the right to counsel, for a child 
        who is: 
           (1) charged by delinquency petition with a gross 
        misdemeanor or felony offense; or 
           (2) the subject of a delinquency proceeding in which 
        out-of-home placement has been proposed. 
           (b) If they desire counsel but are unable to employ it, the 
        court shall appoint counsel to represent the minor child or the 
        parents or guardian in any other case in which it feels that 
        such an appointment is desirable. 
           Sec. 21.  Minnesota Statutes 1992, section 260.155, is 
        amended by adding a subdivision to read: 
           Subd. 4b.  [PARENT OR GUARDIAN MUST ACCOMPANY CHILD AT 
        HEARING.] The custodial parent or guardian of a child who is 
        alleged or found to be delinquent, or is prosecuted as an 
        extended jurisdiction juvenile, must accompany the child at each 
        hearing held during the delinquency or extended jurisdiction 
        juvenile proceedings, unless the court excuses the parent or 
        guardian from attendance for good cause shown.  The failure of a 
        parent or guardian to comply with this duty may be punished as 
        provided in section 260.145. 
           Sec. 22.  Minnesota Statutes 1993 Supplement, section 
        260.161, subdivision 1, is amended to read: 
           Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
        juvenile court judge shall keep such minutes and in such manner 
        as the court deems necessary and proper.  Except as provided in 
        paragraph (b), the court shall keep and maintain records 
        pertaining to delinquent adjudications until the person reaches 
        the age of 23 28 years and shall release the records on an 
        individual to another juvenile court that has jurisdiction of 
        the juvenile, to a requesting adult court for purposes of 
        sentencing, or to an adult court or juvenile court as required 
        by the right of confrontation of either the United States 
        Constitution or the Minnesota Constitution.  The juvenile court 
        shall provide, upon the request of any other juvenile court, 
        copies of the records concerning adjudications involving the 
        particular child.  The court also may provide copies of records 
        concerning delinquency adjudications, on request, to law 
        enforcement agencies, probation officers, and corrections agents 
        if the court finds that providing these records serves public 
        safety or is in the best interests of the child.  The records 
        have the same data classification in the hands of the agency 
        receiving them as they had in the hands of the court. 
           The court shall also keep an index in which files 
        pertaining to juvenile matters shall be indexed under the name 
        of the child.  After the name of each file shall be shown the 
        file number and, if ordered by the court, the book and page of 
        the register in which the documents pertaining to such file are 
        listed.  The court shall also keep a register properly indexed 
        in which shall be listed under the name of the child all 
        documents filed pertaining to the child and in the order filed.  
        The list shall show the name of the document and the date of 
        filing thereof.  The juvenile court legal records shall be 
        deposited in files and shall include the petition, summons, 
        notice, findings, orders, decrees, judgments, and motions and 
        such other matters as the court deems necessary and proper.  
        Unless otherwise provided by law, all court records shall be 
        open at all reasonable times to the inspection of any child to 
        whom the records relate, and to the child's parent and guardian. 
           (b) The court shall retain records of the court finding 
        that a juvenile committed an act that would be a violation of, 
        or an attempt to violate, section 609.342, 609.343, 609.344, or 
        609.345, until the offender reaches the age of 25 28.  If the 
        offender commits another violation of sections 609.342 to 
        609.345 as an adult, or the court convicts a child as an 
        extended jurisdiction juvenile, the court shall retain the 
        juvenile records for as long as the records would have been 
        retained if the offender had been an adult at the time of the 
        juvenile offense.  This paragraph does not apply unless the 
        juvenile was represented by an attorney when the petition was 
        admitted or proven provided counsel as required by section 
        260.155, subdivision 2. 
           Sec. 23.  Minnesota Statutes 1992, section 260.161, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
        CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to 
        the bureau of criminal apprehension the following data on 
        juveniles adjudicated delinquent for having committed an act 
        described in subdivision 1, paragraph (b) felony-level criminal 
        sexual conduct: 
           (1) the name and birth date of the juvenile; 
           (2) the type of act for which the juvenile was adjudicated 
        delinquent and date of the offense; and 
           (3) the date and county of the adjudication. 
           (b) The bureau shall retain data on a juvenile until the 
        offender reaches the age of 25 28.  If the offender commits 
        another violation of sections 609.342 to 609.345 as an adult, 
        the bureau shall retain the data for as long as the data would 
        have been retained if the offender had been an adult at the time 
        of the juvenile offense. 
           (c) The juvenile court shall forward to the bureau the 
        following data on individuals convicted as extended jurisdiction 
        juveniles: 
           (1) the name and birthdate of the offender; 
           (2) the crime committed by the offender and the date of the 
        crime; and 
           (3) the date and county of the conviction. 
           The court shall notify the bureau whenever it executes an 
        extended jurisdiction juvenile's adult sentence under section 
        260.126, subdivision 5. 
           (d) The bureau shall retain the extended jurisdiction 
        juvenile data for as long as the data would have been retained 
        if the offender had been an adult at the time of the offense.  
        Data retained on individuals under this subdivision are private 
        data under section 13.02, except that extended jurisdiction 
        juvenile data becomes public data under section 13.87, 
        subdivision 2, when the juvenile court notifies the bureau that 
        the individual's adult sentence has been executed under section 
        260.126, subdivision 5. 
           Sec. 24.  Minnesota Statutes 1992, section 260.161, 
        subdivision 2, is amended to read: 
           Subd. 2.  Except as provided in this subdivision and in 
        subdivision 1, and except for legal records arising from 
        proceedings or portions of proceedings that are public under 
        section 260.155, subdivision 1, none of the records of the 
        juvenile court and none of the records relating to an appeal 
        from a nonpublic juvenile court proceeding, except the written 
        appellate opinion, shall be open to public inspection or their 
        contents disclosed except (a) by order of a court or (b) as 
        required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 
        629.73.  The records of juvenile probation officers and county 
        home schools are records of the court for the purposes of this 
        subdivision.  Court services data relating to delinquent acts 
        that are contained in records of the juvenile court may be 
        released as allowed under section 13.84, subdivision 5a.  This 
        subdivision applies to all proceedings under this chapter, 
        including appeals from orders of the juvenile court, except that 
        this subdivision does not apply to proceedings under section 
        260.255, 260.261, or 260.315 when the proceeding involves an 
        adult defendant.  The court shall maintain the confidentiality 
        of adoption files and records in accordance with the provisions 
        of laws relating to adoptions.  In juvenile court proceedings 
        any report or social history furnished to the court shall be 
        open to inspection by the attorneys of record and the guardian 
        ad litem a reasonable time before it is used in connection with 
        any proceeding before the court. 
           When a judge of a juvenile court, or duly authorized agent 
        of the court, determines under a proceeding under this chapter 
        that a child has violated a state or local law, ordinance, or 
        regulation pertaining to the operation of a motor vehicle on 
        streets and highways, except parking violations, the judge or 
        agent shall immediately report the violation to the commissioner 
        of public safety.  The report must be made on a form provided by 
        the department of public safety and must contain the information 
        required under section 169.95. 
           Sec. 25.  Minnesota Statutes 1992, section 260.181, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TERMINATION OF JURISDICTION.] (a) The court may 
        dismiss the petition or otherwise terminate its jurisdiction on 
        its own motion or on the motion or petition of any interested 
        party at any time.  Unless terminated by the court, and except 
        as otherwise provided in this subdivision, the jurisdiction of 
        the court shall continue until the individual becomes 19 years 
        of age if the court determines it is in the best interest of the 
        individual to do so.  Court jurisdiction under section 260.015, 
        subdivision 2a, clause (12), may not continue past the child's 
        17th birthday.  
           (b) The jurisdiction of the court over an extended 
        jurisdiction juvenile, with respect to the offense for which the 
        individual was convicted as an extended jurisdiction juvenile, 
        extends until the offender becomes 21 years of age, unless the 
        court terminates jurisdiction before that date.  
           (c) The juvenile court has jurisdiction to designate the 
        proceeding an extended jurisdiction juvenile prosecution, or to 
        conduct a trial, receive a plea, or impose a disposition under 
        section 14, subdivision 4, if: 
           (1) an adult is alleged to have committed an offense before 
        the adult's 18th birthday; and 
           (2) a petition is filed under section 260.131 before 
        expiration of the time for filing under section 628.26 and 
        before the adult's 21st birthday. 
        The juvenile court lacks jurisdiction under this paragraph if 
        the adult demonstrates that the delay was purposefully caused by 
        the state in order to gain an unfair advantage. 
           (d) The district court has original and exclusive 
        jurisdiction over a proceeding: 
           (1) that involves an adult who is alleged to have committed 
        an offense before the adult's 18th birthday; and 
           (2) in which a criminal complaint is filed before 
        expiration of the time for filing under section 628.26 and after 
        the adult's 21st birthday. 
           The juvenile court retains jurisdiction if the adult 
        demonstrates that the delay in filing a criminal complaint was 
        purposefully caused by the state in order to gain an unfair 
        advantage. 
           (e) The juvenile court has jurisdiction over a person who 
        has been adjudicated delinquent until the person's 21st birthday 
        if the person fails to appear at any juvenile court hearing or 
        fails to appear at or absconds from any placement under a 
        juvenile court order.  The juvenile court has jurisdiction over 
        a convicted extended jurisdiction juvenile who fails to appear 
        at any juvenile court hearing or fails to appear at or absconds 
        from any placement under section 14, subdivision 4.  The 
        juvenile court lacks jurisdiction under this paragraph if the 
        adult demonstrates that the delay was purposefully caused by the 
        state in order to gain an unfair advantage. 
           Sec. 26.  Minnesota Statutes 1992, section 260.185, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTINUANCE.] When it is in the best interests 
        of the child to do so and when the child has admitted the 
        allegations contained in the petition before the judge or 
        referee, or when a hearing has been held as provided for in 
        section 260.155 and the allegations contained in the petition 
        have been duly proven but, in either case, before a finding of 
        delinquency has been entered, the court may continue the case 
        for a period not to exceed 90 days on any one order. Such a 
        continuance may be extended for one additional successive period 
        not to exceed 90 days and only after the court has reviewed the 
        case and entered its order for an additional continuance without 
        a finding of delinquency. During this continuance the court may 
        enter an order in accordance with, the provisions of subdivision 
        1, clauses (a) or (b) or enter an order to hold the child in 
        detention for a period not to exceed 15 days on any one order 
        for the purpose of completing any consideration, or any 
        investigation or examination ordered in accordance with the 
        provisions of section 260.151.  This subdivision does not apply 
        to an extended jurisdiction juvenile proceeding. 
           Sec. 27.  Minnesota Statutes 1992, section 260.185, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [OUT-OF-STATE PLACEMENTS.] (a) A court may not 
        place a preadjudicated delinquent, an adjudicated delinquent, or 
        a convicted extended jurisdiction juvenile in a residential or 
        detention facility outside Minnesota unless the commissioner of 
        corrections has certified that the facility: 
           (1) meets or exceeds the standards for Minnesota 
        residential treatment programs set forth in rules adopted by the 
        commissioner of human services and the standards for juvenile 
        residential facilities set forth in rules adopted by the 
        commissioner of corrections or the standards for juvenile 
        detention facilities set forth in rules adopted by the 
        commissioner of corrections; and 
           (2) provides education, health, dental, and other necessary 
        care equivalent to that which the child would receive if placed 
        in a Minnesota facility licensed by the commissioner of 
        corrections or commissioner of human services. 
           (b) The interagency licensing agreement between the 
        commissioners of corrections and human services shall be used to 
        determine which rule shall be used for certification purposes 
        under this subdivision. 
           (c) The commissioner of corrections may charge each 
        facility evaluated a reasonable amount.  Money received is 
        annually appropriated to the commissioner of corrections to 
        defray the costs of the certification program. 
           Sec. 28.  Minnesota Statutes 1992, section 260.185, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [PLACEMENT IN JUVENILE FACILITY.] A person who 
        has reached the age of 20 may not be kept in a residential 
        facility licensed by the commissioner of corrections together 
        with persons under the age of 20.  The commissioner may adopt 
        criteria for allowing exceptions to this prohibition. 
           Sec. 29.  Minnesota Statutes 1992, section 260.193, 
        subdivision 1, is amended to read: 
           Subdivision 1.  (a) For purposes of this section, the 
        following terms have the meanings given them.  
           (b) "Major traffic offense" includes any violation of a 
        state or local traffic law, ordinance, or regulation, or a 
        federal, state, or local water traffic law not included within 
        the provisions of clause (c).  
           (c) "Minor Adult court traffic offense" means:  
           (1) a petty misdemeanor violation of a state or local 
        traffic law, ordinance, or regulation, or a petty misdemeanor 
        violation of a federal, state, or local water traffic 
        law constituting an offense punishable only by fine of not more 
        than $100; or 
           (2) a violation of section 169.121, 169.129, or any other 
        misdemeanor- or gross misdemeanor-level traffic violation 
        committed as part of the same behavioral incident as a violation 
        of section 169.121 or 169.129.  
           Sec. 30.  Minnesota Statutes 1992, section 260.193, 
        subdivision 3, is amended to read: 
           Subd. 3.  Except as provided in subdivision 4, a child who 
        commits a minor an adult court traffic offense and at the time 
        of the offense was at least 16 years old shall be subject to the 
        laws and court procedures controlling adult traffic violators 
        and shall not be under the jurisdiction of the juvenile court.  
        When a child is alleged to have committed a minor an adult court 
        traffic offense and is at least 16 years old at the time of the 
        offense, the peace officer making the charge shall follow the 
        arrest procedures prescribed in section 169.91 and shall make 
        reasonable effort to notify the child's parent or guardian of 
        the nature of the charge.  
           Sec. 31.  Minnesota Statutes 1992, section 260.193, 
        subdivision 4, is amended to read: 
           Subd. 4.  The juvenile court shall have original 
        jurisdiction if the child is alleged to have committed both 
        major and minor adult court traffic offenses in the same 
        behavioral incident. 
           Sec. 32.  Minnesota Statutes 1992, section 260.193, 
        subdivision 6, is amended to read: 
           Subd. 6.  Before making a disposition of any child found to 
        be a juvenile major traffic offender or to have violated a 
        misdemeanor- or gross misdemeanor-level traffic law, the court 
        shall obtain from the department of public safety information of 
        any previous traffic violation by this juvenile.  In the case of 
        a juvenile water traffic offender, the court shall obtain from 
        the office where the information is now or hereafter may be kept 
        information of any previous water traffic violation by the 
        juvenile. 
           Sec. 33.  Minnesota Statutes 1992, section 260.193, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [CRIMINAL COURT DISPOSITIONS; ADULT COURT 
        TRAFFIC OFFENDERS.] (a) A juvenile who is charged with an adult 
        court traffic offense in district court shall be treated as an 
        adult before trial, except that the juvenile may be held in 
        secure, pretrial custody only in a secure juvenile detention 
        facility. 
           (b) A juvenile who is convicted of an adult court traffic 
        offense in district court shall be treated as an adult for 
        sentencing purposes, except that the court may order the 
        juvenile placed out of the home only in a residential treatment 
        facility or in a juvenile correctional facility. 
           (c) The disposition of an adult court traffic offender 
        remains with the county in which the adjudication occurred. 
           Sec. 34.  Minnesota Statutes 1992, section 260.211, 
        subdivision 1, is amended to read: 
           Subdivision 1. (a) No adjudication upon the status of any 
        child in the jurisdiction of the juvenile court shall operate to 
        impose any of the civil disabilities imposed by conviction, nor 
        shall any child be deemed a criminal by reason of this 
        adjudication, nor shall this adjudication be deemed a conviction 
        of crime, except as otherwise provided in this section or 
        section 260.215.  An extended jurisdiction juvenile conviction 
        shall be treated in the same manner as an adult felony criminal 
        conviction for purposes of the sentencing guidelines.  The 
        disposition of the child or any evidence given by the child in 
        the juvenile court shall not be admissible as evidence against 
        the child in any case or proceeding in any other court, except 
        that an adjudication may later be used to determine a proper 
        sentence, nor shall the disposition or evidence disqualify the 
        child in any future civil service examination, appointment, or 
        application. 
           (b) A person who was adjudicated delinquent for, or 
        convicted as an extended jurisdiction juvenile of, a crime of 
        violence as defined in section 624.712, subdivision 5, is not 
        entitled to ship, transport, possess, or receive a firearm until 
        ten years have elapsed since the person was discharged and 
        during that time the person was not convicted of any other crime 
        of violence.  A person who has received a relief of disability 
        under United States Code, title 18, section 925, is not subject 
        to the restrictions of this subdivision. 
           Sec. 35.  Minnesota Statutes 1992, section 260.215, 
        subdivision 1, is amended to read: 
           Subdivision 1.  A violation of a state or local law or 
        ordinance by a child before becoming 18 years of age is not a 
        crime unless the juvenile court: 
           (1) refers certifies the matter to the appropriate 
        prosecuting authority district court in accordance with the 
        provisions of section 260.125; or 
           (2) transfers the matter to a court in accordance with the 
        provisions of section 260.193; or 
           (3) convicts the child as an extended jurisdiction juvenile 
        and subsequently executes the adult sentence under section 
        260.126, subdivision 5.  
           Sec. 36.  Minnesota Statutes 1992, section 260.291, is 
        amended to read: 
           260.291 [APPEAL.] 
           Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] 
        (a) An appeal may be taken by the aggrieved person from a final 
        order of the juvenile court affecting a substantial right of the 
        aggrieved person, including but not limited to an order 
        adjudging a child to be in need of protection or services, 
        neglected and in foster care, delinquent, or a juvenile traffic 
        offender.  The appeal shall be taken within 30 days of the 
        filing of the appealable order.  The court administrator shall 
        notify the person having legal custody of the minor of the 
        appeal.  Failure to notify the person having legal custody of 
        the minor shall not affect the jurisdiction of the appellate 
        court.  The order of the juvenile court shall stand, pending the 
        determination of the appeal, but the reviewing court may in its 
        discretion and upon application stay the order. 
           (b) An appeal may be taken by an aggrieved person from an 
        order of the juvenile court on the issue of certification of a 
        child to district court.  Certification appeals shall be 
        expedited as provided by applicable rules.  
           Subd. 2.  [APPEAL.] The appeal from a juvenile court is 
        taken to the court of appeals as in other civil cases, except as 
        provided in subdivision 1. 
           Sec. 37.  Minnesota Statutes 1992, section 268.31, is 
        amended to read: 
           268.31 [DEVELOPMENT OF YOUTH EMPLOYMENT OPPORTUNITIES.] 
           (a) To the extent of available funding, the commissioner of 
        jobs and training shall establish a program to employ 
        individuals from the ages of 14 years up to 22 years.  Available 
        money may be used to operate this program on a full calendar 
        year basis, to provide transitional services, link basic skills 
        training and remedial education to job training and school 
        completion, and for support services.  The commissioner shall 
        ensure that all youth employment opportunities include 
        components of work-related learning described in chapter 126B so 
        that participating individuals learn necessary workplace 
        skills.  The amount spent on support services in any one fiscal 
        year may not exceed 15 percent of the total annual appropriation 
        for this program.  Individuals employed in this program will be 
        placed in service with departments, agencies, and 
        instrumentalities of the state, county, local governments, 
        school districts, with nonprofit organizations, and private 
        sector employers.  The maximum number of hours that an 
        individual may be employed in a position supported under this 
        program is 480 hours.  Program funds may not be used for private 
        sector placements.  Program operators must use the targeted jobs 
        tax credit, other federal, state, and local government 
        resources, as well as private sector resources to fund private 
        sector placements.  The commissioner shall cooperate with the 
        commissioner of human services in determining and implementing 
        the most effective means of disregarding a youth's earnings from 
        family income for purposes of the aid to families with dependent 
        children program, to the extent permitted by the federal 
        government. 
           (b) Upon request of the commissioner of the department of 
        natural resources, the commissioner will contract for or provide 
        available services for remedial skills, life skills, and career 
        counseling activities to youth in the Minnesota conservation 
        corps program. 
           (c) The commissioner shall evaluate the services provided 
        under this section.  The evaluation shall include information on 
        the effectiveness of program services in promoting the 
        employability of young people.  In order to measure the 
        long-term effectiveness of the program, the evaluation shall 
        include follow-up information on each participant. 
           Sec. 38.  Minnesota Statutes 1993 Supplement, section 
        299A.35, subdivision 1, is amended to read: 
           Subdivision 1.  [PROGRAMS.] The commissioner shall, in 
        consultation with the chemical abuse prevention resource 
        council, administer a grant program to fund community-based 
        programs that are designed to enhance the community's sense of 
        personal security and to assist the community in its crime 
        control efforts.  Examples of qualifying programs include, but 
        are not limited to, the following: 
           (1) programs to provide security systems for residential 
        buildings serving low-income persons, elderly persons, and 
        persons who have physical or mental disabilities; 
           (2) community-based programs designed to discourage young 
        people from involvement in unlawful drug or street gang 
        activities; 
           (3) neighborhood block clubs and innovative community-based 
        crime watch programs; 
           (4) community-based programs designed to enrich the 
        educational, cultural, or recreational opportunities of at-risk 
        elementary or secondary school age youth, including programs 
        designed to keep at-risk youth from dropping out of school and 
        encourage school dropouts to return to school; 
           (5) support services for a municipal curfew enforcement 
        program including, but not limited to, rent for drop-off 
        centers, staff, supplies, equipment, and the referral of 
        children who may be abused or neglected; and 
           (6) community-based programs designed to intervene with 
        juvenile offenders who are identified as likely to engage in 
        repeated criminal activity in the future unless intervention is 
        undertaken; 
           (7) community-based collaboratives that coordinate five or 
        more programs designed to enrich the educational, cultural, or 
        recreational opportunities of at-risk elementary or secondary 
        school age youth, including programs designed to keep at-risk 
        youth from dropping out of school and to encourage school 
        dropouts to return to school; 
           (8) programs that are proven successful at increasing the 
        rate of graduation from secondary school and the rate of 
        post-secondary education attendance for high-risk students; and 
           (9) other community-based crime prevention programs that 
        are innovative and encourage substantial involvement by members 
        of the community served by the program. 
           Sec. 39.  Minnesota Statutes 1993 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; 
           (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; or any provision of chapter 152 that is punishable by a 
        maximum sentence greater than ten years; and 
           (5) the number of economically disadvantaged youth in the 
        geographical areas to be served by the program. 
           The commissioner shall give priority to funding programs 
        that demonstrate substantial involvement by members of the 
        community served by the program and either serve the 
        geographical areas that have the highest crime rates, as 
        measured by the data supplied under clause (4), or serve 
        geographical areas that have the largest concentrations of 
        economically disadvantaged youth.  The maximum amount that may 
        be awarded to an applicant is $50,000; except that if the 
        applicant is a community-based collaborative under subdivision 
        1, clause (7), the maximum amount that can be awarded is $50,000 
        for each program participating in the collaborative. 
           Sec. 40.  [299A.60] [SCHOOL-RELATED CRIME TELEPHONE LINE.] 
           The commissioner shall operate at least one statewide 
        toll-free 24-hour telephone line for the purpose of receiving 
        reports from students and school employees regarding suspected 
        criminal activity occurring in school zones, as defined in 
        section 152.01, subdivision 14a.  The commissioner shall 
        promptly forward reports received through the telephone line to 
        the appropriate local law enforcement agency.  The commissioner 
        may pay a reward in an amount not to exceed $100 for information 
        leading to the arrest or prosecution of an adult or juvenile 
        offender for committing or attempting to commit an offense in a 
        school zone. 
           Sec. 41.  Minnesota Statutes 1993 Supplement, section 
        299C.65, subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHING GROUP.] The criminal and 
        juvenile information policy group consists of the chair of the 
        sentencing guidelines commission, the commissioner of 
        corrections, the commissioner of public safety, and the state 
        court administrator.  
           The policy group shall study and make recommendations to 
        the governor, the supreme court, and the legislature on:  
           (1) a framework for integrated criminal justice information 
        systems, including the development and maintenance of a 
        community data model for state, county, and local criminal 
        justice information; 
           (2) the responsibilities of each entity within the criminal 
        and juvenile justice systems concerning the collection, 
        maintenance, dissemination, and sharing of criminal justice 
        information with one another; 
           (3) actions necessary to ensure that information maintained 
        in the criminal justice information systems is accurate and 
        up-to-date; 
           (4) the development of an information system containing 
        criminal justice information on gross misdemeanor-level and 
        felony-level juvenile offenders that is part of the integrated 
        criminal justice information system framework; 
           (5) the development of an information system containing 
        criminal justice information on misdemeanor arrests, 
        prosecutions, and convictions that is part of the integrated 
        criminal justice information system framework; 
           (6) comprehensive training programs and requirements for 
        all individuals in criminal justice agencies to ensure the 
        quality and accuracy of information in those systems; 
           (7) continuing education requirements for individuals in 
        criminal justice agencies who are responsible for the 
        collection, maintenance, dissemination, and sharing of criminal 
        justice data; 
           (8) a periodic audit process to ensure the quality and 
        accuracy of information contained in the criminal justice 
        information systems; 
           (9) the equipment, training, and funding needs of the state 
        and local agencies that participate in the criminal justice 
        information systems; 
           (10) the impact of integrated criminal justice information 
        systems on individual privacy rights; and 
           (11) the impact of proposed legislation on the criminal 
        justice system, including any fiscal impact, need for training, 
        changes in information systems, and changes in processes; 
           (12) the collection of data on race and ethnicity in 
        criminal justice information systems; 
           (13) the development of a tracking system for domestic 
        abuse orders for protection; 
           (14) processes for expungement, correction of inaccurate 
        records, destruction of records, and other matters relating to 
        the privacy interests of individuals; and 
           (15) the development of a data base for extended 
        jurisdiction juvenile records and whether the records should be 
        public or private and how long they should be retained.  
           Sec. 42.  [388.24] [PRETRIAL DIVERSION PROGRAMS FOR 
        JUVENILES.] 
           Subdivision 1.  [DEFINITION.] As used in this section: 
           (1) a child under the jurisdiction of the juvenile court is 
        an "offender" if: 
           (i) the child is petitioned for, or probable cause exists 
        to petition or take the child into custody for, a felony, gross 
        misdemeanor, or misdemeanor offense, other than an offense 
        against the person, but has not yet entered a plea in the 
        proceedings; 
           (ii) the child has not previously been adjudicated in 
        Minnesota or any other state for any offense against the person; 
        and 
           (iii) the child has not previously been petitioned for an 
        offense in Minnesota and then had the petition dismissed as part 
        of a diversion program, including a program that existed before 
        July 1, 1995; and 
           (2) "pretrial diversion" means the decision of a prosecutor 
        to refer an offender to a diversion program on condition that 
        the delinquency petition against the offender will be dismissed 
        or the petition will not be filed after a specified period of 
        time if the offender successfully completes the program. 
           Subd. 2.  [ESTABLISHMENT OF PROGRAM.] By July 1, 1995, 
        every county attorney shall establish a pretrial diversion 
        program for offenders.  If the county attorney's county 
        participates in the community corrections act as part of a group 
        of counties under section 401.02, the county attorney may 
        establish a pretrial diversion program in conjunction with other 
        county attorneys in that group of counties.  The program must be 
        designed and operated to further the following goals: 
           (1) to provide eligible offenders with an alternative to 
        adjudication that emphasizes restorative justice; 
           (2) to reduce the costs and caseload burdens on juvenile 
        courts and the juvenile justice system; 
           (3) to minimize recidivism among diverted offenders; 
           (4) to promote the collection of restitution to the victim 
        of the offender's crime; 
           (5) to develop responsible alternatives to the juvenile 
        justice system for eligible offenders; and 
           (6) to develop collaborative use of demonstrated successful 
        culturally specific programming, where appropriate. 
           Subd. 3.  [PROGRAM COMPONENTS.] A diversion program 
        established under this section may: 
           (1) provide screening services to the court and the 
        prosecuting authorities to help identify likely candidates for 
        pretrial diversion; 
           (2) establish goals for diverted offenders and monitor 
        performance of these goals; 
           (3) perform chemical dependency assessments of diverted 
        offenders where indicated, make appropriate referrals for 
        treatment, and monitor treatment and aftercare; 
           (4) provide individual, group, and family counseling 
        services; 
           (5) oversee the payment of victim restitution by diverted 
        offenders; 
           (6) assist diverted offenders in identifying and contacting 
        appropriate community resources; 
           (7) provide educational services to diverted offenders to 
        enable them to earn a high school diploma or GED; and 
           (8) provide accurate information on how diverted offenders 
        perform in the program to the court, prosecutors, defense 
        attorneys, and probation officers. 
           Subd. 4.  [REPORTING OF DATA TO CRIMINAL JUSTICE 
        INFORMATION SYSTEM (CJIS).] Every county attorney who 
        establishes a diversion program under this section shall report 
        the following information to the bureau of criminal apprehension:
           (1) the name and date of birth of each diversion program 
        participant and any other identifying information the 
        superintendent considers necessary; 
           (2) the date on which the individual began to participate 
        in the diversion program; 
           (3) the date on which the individual is expected to 
        complete the diversion program; 
           (4) the date on which the individual successfully completed 
        the diversion program, where applicable; and 
           (5) the date on which the individual was removed from the 
        diversion program for failure to successfully complete the 
        individual's goals, where applicable. 
           The superintendent shall cause the information described in 
        this subdivision to be entered into and maintained in the 
        criminal history file of the Minnesota criminal justice 
        information system. 
           Subd. 5.  [REPORTS.] By January 1, 1996, and biennially 
        thereafter, each county attorney shall report to the department 
        of corrections and the legislature on the operation of a 
        pretrial diversion program required by this section.  The report 
        shall include a description of the program, the number of 
        offenders participating in the program, the number and 
        characteristics of the offenders who successfully complete the 
        program, the number and characteristics of the offenders who 
        fail to complete the program, and an evaluation of the program's 
        effect on the operation of the juvenile justice system in the 
        county. 
           Sec. 43.  Minnesota Statutes 1993 Supplement, section 
        401.065, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] As used in this section: 
           (1) a person is an "offender" means a person who if: 
           (i) the person is charged with, or probable cause exists to 
        arrest or charge the person with, a felony, gross misdemeanor, 
        or misdemeanor crime, other than a crime against the person, but 
        who the person has not yet entered a plea in the proceedings; 
           (ii) the person has not previously been convicted as an 
        adult in Minnesota or any other state of any crime against the 
        person; and 
           (iii) the person has not previously been charged with a 
        crime participated as an adult in Minnesota in a pretrial 
        diversion program, including a program that existed before July 
        1, 1994, and then had charges dismissed or not filed as part of 
        a diversion that program, including a program that existed 
        before July 1, 1994; and 
           (2) "pretrial diversion" means the decision of a prosecutor 
        to refer an offender to a diversion program on condition that 
        the criminal charges against the offender will be dismissed 
        after a specified period of time, or the case will not be 
        charged, if the offender successfully completes the program. 
           Sec. 44.  Minnesota Statutes 1993 Supplement, section 
        401.065, is amended by adding a subdivision to read: 
           Subd. 3a.  [REPORTING OF DATA TO CRIMINAL JUSTICE 
        INFORMATION SYSTEM (CJIS).] Every county attorney who 
        establishes a diversion program under this section shall report 
        the following information to the bureau of criminal apprehension:
           (1) the name and date of birth of each diversion program 
        participant and any other identifying information the 
        superintendent considers necessary; 
           (2) the date on which the individual began to participate 
        in the diversion program; 
           (3) the date on which the individual is expected to 
        complete the diversion program; 
           (4) the date on which the individual successfully completed 
        the diversion program, where applicable; and 
           (5) the date on which the individual was removed from the 
        diversion program for failure to successfully complete the 
        individual's goals, where applicable. 
           The superintendent shall cause the information described in 
        this subdivision to be entered into and maintained in the 
        criminal history file of the Minnesota criminal justice 
        information system. 
           Sec. 45.  Minnesota Statutes 1992, section 609.055, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
        provided in paragraph (b), children of the age of 14 years or 
        over but under 18 years may be prosecuted for a criminal felony 
        offense if the alleged violation is duly referred certified to 
        the appropriate prosecuting authority district court or may be 
        designated an extended jurisdiction juvenile in accordance with 
        the provisions of chapter 260.  A child who is 16 years of age 
        or older but under 18 years of age is capable of committing a 
        crime and may be prosecuted for a felony if: 
           (1) the child has been previously referred for prosecution 
        certified to the district court on a felony charge by an order 
        of reference issued pursuant to a hearing under section 260.125, 
        subdivision 2, or pursuant to the waiver of the right to such a 
        hearing, or prosecuted pursuant to this subdivision; and 
           (2) the child was convicted of the felony offense or 
        offenses for which the child was prosecuted or of a lesser 
        included felony offense. 
           (b) A child who is alleged to have committed murder in the 
        first degree after becoming 16 years of age is capable of 
        committing a crime and may be prosecuted for the felony.  This 
        paragraph does not apply to a child alleged to have committed 
        attempted murder in the first degree after becoming 16 years of 
        age. 
           Sec. 46.  Minnesota Statutes 1993 Supplement, section 
        609.11, subdivision 9, is amended to read: 
           Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
        mandatory minimum sentences shall be served as provided in this 
        section are:  murder in the first, second, or third degree; 
        assault in the first, second, or third degree; burglary; 
        kidnapping; false imprisonment; manslaughter in the first or 
        second degree; aggravated robbery; simple robbery; criminal 
        sexual conduct under the circumstances described in sections 
        609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
        1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) 
        to (e) and (h) to (j); escape from custody; arson in the first, 
        second, or third degree; drive-by shooting under section 609.66, 
        subdivision 1e; a felony violation of chapter 152; or any 
        attempt to commit any of these offenses.  
           Sec. 47.  Minnesota Statutes 1992, section 609.49, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [JUVENILE OFFENDERS.] (a) A person who 
        intentionally fails to appear for a juvenile court disposition 
        is guilty of a felony if: 
           (1) the person was prosecuted in juvenile court for an 
        offense that would have been a felony if committed by an adult; 
           (2) the juvenile court made findings pursuant to an 
        admission in court or after trial; 
           (3) the person was released from custody on condition that 
        the person appear in the juvenile court for a disposition in 
        connection with the offense; and 
           (4) the person was notified that failure to appear is a 
        criminal offense. 
           (b) A person who violates the provisions of this 
        subdivision is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           Sec. 48.  Minnesota Statutes 1992, section 609.49, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AFFIRMATIVE DEFENSE.] If proven by a 
        preponderance of the evidence, it is an affirmative defense to a 
        violation of subdivision 1, 1a, or 2 that the person's failure 
        to appear in court as required was due to circumstances beyond 
        the person's control. 
           Sec. 49.  Minnesota Statutes 1993 Supplement, section 
        609.66, subdivision 1d, is amended to read: 
           Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
        Whoever possesses, stores, or keeps a dangerous weapon as 
        defined in section 609.02, subdivision 6, on or uses or 
        brandishes a replica firearm or a BB gun on school property is 
        guilty of a felony and may be sentenced to imprisonment for not 
        more than two years or to payment of a fine of not more than 
        $5,000, or both. 
           (b) Whoever possesses, stores, or keeps a replica firearm 
        or a BB gun on school property is guilty of a gross misdemeanor. 
           (c) As used in this subdivision,: 
           (1) "BB gun" means a device that fires or ejects a shot 
        measuring .18 of an inch or less in diameter; 
           (2) "dangerous weapon" has the meaning given it in section 
        609.02, subdivision 6; 
           (3) "replica firearm" has meaning given it in section 
        609.713; and 
           (4) "school property" means: 
           (1) a public or private elementary, middle, or secondary 
        school building and its grounds, whether leased or owned by the 
        school; and 
           (2) the area within a school bus when that bus is being 
        used to transport one or more elementary, middle, or secondary 
        school students. 
           (c) (d) This subdivision does not apply to: 
           (1) licensed peace officers, military personnel, or 
        students participating in military training, who are performing 
        official duties; 
           (2) persons who carry pistols according to the terms of a 
        permit; 
           (3) persons who keep or store in a motor vehicle pistols in 
        accordance with sections 624.714 and 624.715 or other firearms 
        in accordance with section 97B.045; 
           (4) firearm safety or marksmanship courses or activities 
        conducted on school property; 
           (5) possession of dangerous weapons, BB guns, or replica 
        firearms by a ceremonial color guard; 
           (6) a gun or knife show held on school property; or 
           (7) possession of dangerous weapons, BB guns, or replica 
        firearms with written permission of the principal. 
           Sec. 50.  Minnesota Statutes 1992, section 611.15, is 
        amended to read: 
           611.15 [NOTIFICATION OF RIGHT TO REPRESENTATION.] 
           In every criminal case or proceeding, including a juvenile 
        delinquency or extended jurisdiction juvenile proceeding, in 
        which any person entitled by law to representation by counsel 
        shall appear without counsel, the court shall advise such person 
        of the right to be represented by counsel and that counsel will 
        be appointed to represent the person if the person is 
        financially unable to obtain counsel.  
           Sec. 51.  Minnesota Statutes 1992, section 611.19, is 
        amended to read: 
           611.19 [WAIVER OF APPOINTMENT OF COUNSEL.] 
           Where counsel is waived by a defendant, the waiver shall in 
        all instances be made in writing, signed by the defendant, 
        except that in such situation if the defendant refuses to sign 
        the written waiver, then the court shall make a record 
        evidencing such refusal of counsel.  Waiver of counsel by a 
        child who is the subject of a delinquency or extended 
        jurisdiction juvenile proceeding is governed by section 260.155, 
        subdivisions 2 and 8. 
           Sec. 52.  Minnesota Statutes 1992, section 611.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REPRESENTATION.] (a) The state public 
        defender shall represent, without charge,: 
           (1) a defendant or other person appealing from a conviction 
        of a felony or gross misdemeanor.  The state public defender 
        shall represent, without charge,; 
           (2) a person convicted of a felony or gross misdemeanor who 
        is pursuing a postconviction proceeding and who has not already 
        had a direct appeal of the conviction; and 
           (3) a child who is appealing from a delinquency 
        adjudication or from an extended jurisdiction juvenile 
        conviction. 
           (b) The state public defender may represent, without 
        charge, all other persons pursuing a postconviction remedy under 
        section 590.01, who are financially unable to obtain counsel.  
           (c) The state public defender shall represent any other 
        person, who is financially unable to obtain counsel, when 
        directed to do so by the supreme court or the court of appeals, 
        except that the state public defender shall not represent a 
        person in any action or proceeding in which a party is seeking a 
        monetary judgment, recovery or award.  When requested by a 
        district public defender or appointed counsel, the state public 
        defender may assist the district public defender, appointed 
        counsel, or an organization designated in section 611.216 in the 
        performance of duties, including trial representation in matters 
        involving legal conflicts of interest or other special 
        circumstances, and assistance with legal research and brief 
        preparation.  When the state public defender is directed by a 
        court to represent a defendant or other person, the state public 
        defender may assign the representation to any district public 
        defender. 
           Sec. 53.  Minnesota Statutes 1992, section 611A.02, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [NOTICE OF THE RIGHTS OF VICTIMS IN JUVENILE 
        COURT.] (a) The crime victim and witness advisory council shall 
        develop a notice of the rights of victims in juvenile court that 
        explains: 
           (1) the rights of victims in the juvenile court; 
           (2) when a juvenile matter is public; 
           (3) the procedures to be followed in juvenile court 
        proceedings; and 
           (4) other relevant matters. 
           (b) The juvenile court shall distribute a copy of the 
        notice to each victim of juvenile crime who attends a juvenile 
        court proceeding, along with a notice of services for victims 
        available in that judicial district. 
           Sec. 54.  Minnesota Statutes 1992, section 611A.77, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GRANTS.] The state court administrator 
        shall award grants to nonprofit organizations to create or 
        expand mediation programs for crime victims and offenders.  For 
        purposes of this section, "offender" means an adult charged with 
        a nonviolent crime or a juvenile with respect to whom who has 
        been referred to a mediation program before or after a petition 
        for delinquency has been filed in connection with a nonviolent 
        offense, and "nonviolent crime" and "nonviolent offense" exclude 
        any offense in which the victim is a family or household member, 
        as defined in section 518B.01, subdivision 2. 
           Sec. 55.  Minnesota Statutes 1993 Supplement, section 
        624.713, subdivision 1, is amended to read: 
           Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
        shall not be entitled to possess a pistol or semiautomatic 
        military-style assault weapon: 
           (a) a person under the age of 18 years except that a person 
        under 18 may carry or possess a pistol or semiautomatic 
        military-style assault weapon (i) in the actual presence or 
        under the direct supervision of the person's parent or guardian, 
        (ii) for the purpose of military drill under the auspices of a 
        legally recognized military organization and under competent 
        supervision, (iii) for the purpose of instruction, competition, 
        or target practice on a firing range approved by the chief of 
        police or county sheriff in whose jurisdiction the range is 
        located and under direct supervision; or (iv) if the person has 
        successfully completed a course designed to teach marksmanship 
        and safety with a pistol or semiautomatic military-style assault 
        weapon and approved by the commissioner of natural resources; 
           (b) a person who has been convicted of, or adjudicated 
        delinquent or convicted as an extended jurisdiction juvenile for 
        committing, in this state or elsewhere of, a crime of violence 
        unless ten years have elapsed since the person has been restored 
        to civil rights or the sentence or disposition has expired, 
        whichever occurs first, and during that time the person has not 
        been convicted of or adjudicated for any other crime of 
        violence.  For purposes of this section, crime of violence 
        includes crimes in other states or jurisdictions which would 
        have been crimes of violence as herein defined if they had been 
        committed in this state; 
           (c) a person who is or has ever been confined or committed 
        in Minnesota or elsewhere as a "mentally ill," "mentally 
        retarded," or "mentally ill and dangerous to the public" person 
        as defined in section 253B.02, to a treatment facility, unless 
        the person possesses a certificate of a medical doctor or 
        psychiatrist licensed in Minnesota, or other satisfactory proof 
        that the person is no longer suffering from this disability; 
           (d) a person who has been convicted in Minnesota or 
        elsewhere of a misdemeanor or gross misdemeanor violation of 
        chapter 152, or a person who is or has ever been hospitalized or 
        committed for treatment for the habitual use of a controlled 
        substance or marijuana, as defined in sections 152.01 and 
        152.02, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person has not abused a controlled 
        substance or marijuana during the previous two years; 
           (e) a person who has been confined or committed to a 
        treatment facility in Minnesota or elsewhere as "chemically 
        dependent" as defined in section 253B.02, unless the person has 
        completed treatment.  Property rights may not be abated but 
        access may be restricted by the courts; 
           (f) a peace officer who is informally admitted to a 
        treatment facility pursuant to section 253B.04 for chemical 
        dependency, unless the officer possesses a certificate from the 
        head of the treatment facility discharging or provisionally 
        discharging the officer from the treatment facility.  Property 
        rights may not be abated but access may be restricted by the 
        courts; 
           (g) a person, including a person under the jurisdiction of 
        the juvenile court, who has been charged with committing a crime 
        of violence and has been placed in a pretrial diversion program 
        by the court before disposition, until the person has completed 
        the diversion program and the charge of committing the crime of 
        violence has been dismissed; or 
           (h) a person who has been convicted in another state of 
        committing an offense similar to the offense described in 
        section 609.224, subdivision 3, against a family or household 
        member, unless three years have elapsed since the date of 
        conviction and, during that time, the person has not been 
        convicted of any other violation of section 609.224, subdivision 
        3, or a similar law of another state. 
           A person who issues a certificate pursuant to this 
        subdivision in good faith is not liable for damages resulting or 
        arising from the actions or misconduct with a firearm committed 
        by the individual who is the subject of the certificate. 
           Sec. 56.  Minnesota Statutes 1993 Supplement, section 
        624.713, subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE.] (a) When a person is convicted of, or 
        adjudicated delinquent or convicted as an extended jurisdiction 
        juvenile for committing, a crime of violence as defined in 
        section 624.712, subdivision 5, the court shall inform the 
        defendant that the defendant is prohibited from possessing a 
        pistol or semiautomatic military-style assault weapon for a 
        period of ten years after the person was restored to civil 
        rights or since the sentence or disposition has expired, 
        whichever occurs first, and that it is a felony offense to 
        violate this prohibition.  The failure of the court to provide 
        this information to a defendant does not affect the 
        applicability of the pistol or semiautomatic military-style 
        assault weapon possession prohibition or the felony penalty to 
        that defendant. 
           (b) When a person, including a person under the 
        jurisdiction of the juvenile court, is charged with committing a 
        crime of violence and is placed in a pretrial diversion program 
        by the court before disposition, the court shall inform the 
        defendant that:  (1) the defendant is prohibited from possessing 
        a pistol or semiautomatic military-style assault weapon until 
        the person has completed the diversion program and the charge of 
        committing a crime of violence has been dismissed; (2) it is a 
        gross misdemeanor offense to violate this prohibition; and (3) 
        if the defendant violates this condition of participation in the 
        diversion program, the charge of committing a crime of violence 
        may be prosecuted.  The failure of the court to provide this 
        information to a defendant does not affect the applicability of 
        the pistol or semiautomatic military-style assault weapon 
        possession prohibition or the gross misdemeanor penalty to that 
        defendant. 
           Sec. 57.  Minnesota Statutes 1993 Supplement, section 
        624.7132, subdivision 15, is amended to read: 
           Subd. 15.  [PENALTIES.] (a) Except as otherwise provided in 
        paragraph (b), a person who does any of the following is guilty 
        of a gross misdemeanor: 
           (a) (1) transfers a pistol or semiautomatic military-style 
        assault weapon in violation of subdivisions 1 to 13; 
           (b) (2) transfers a pistol or semiautomatic military-style 
        assault weapon to a person who has made a false statement in 
        order to become a transferee, if the transferor knows or has 
        reason to know the transferee has made the false statement; 
           (c) (3) knowingly becomes a transferee in violation of 
        subdivisions 1 to 13; or 
           (d) (4) makes a false statement in order to become a 
        transferee of a pistol or semiautomatic military-style assault 
        weapon knowing or having reason to know the statement is false. 
           (b) A person who does either of the following is guilty of 
        a felony:  
           (1) transfers a pistol or semiautomatic military-style 
        assault weapon to a person under the age of 18 in violation of 
        subdivisions 1 to 13; or 
           (2) transfers a pistol or semiautomatic military-style 
        assault weapon to a person under the age of 18 who has made a 
        false statement in order to become a transferee, if the 
        transferor knows or has reason to know the transferee has made 
        the false statement. 
           Sec. 58.  Minnesota Statutes 1993 Supplement, section 
        624.7181, subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR PENALTIES.] Whoever carries a 
        rifle or shotgun on or about the person in a public place is 
        guilty of a gross misdemeanor.  A person under the age of 21 who 
        carries a semiautomatic military style assault weapon, as 
        defined in section 624.712, subdivision 7, on or about the 
        person in a public place is guilty of a felony. 
           Sec. 59.  [JUDICIAL DISTRICT DELINQUENCY DISPOSITION 
        PRINCIPLES.] 
           By January 1, 1996, the chief judge in each judicial 
        district shall publish the written criteria used by judges in 
        the district in determining juvenile delinquency dispositions.  
        The judges of the district shall develop the written criteria in 
        consultation with local county attorneys, public defenders, 
        local corrections personnel, victim advocates, and the public.  
        Each chief judge shall submit a copy of the written criteria to 
        the head of the conference of chief judges by September 1, 1995, 
        who shall submit copies of the criteria to the chairs of the 
        senate crime prevention committee and the house judiciary 
        committee by November 1, 1995. 
           Sec. 60.  [USE OF EXTENDED JURISDICTION JUVENILE 
        ADJUDICATIONS AS ADULT CRIMINAL HISTORY POINTS.] 
           The sentencing guidelines commission shall modify the 
        guidelines to take effect January 1, 1995, to provide that an 
        extended jurisdiction juvenile conviction is treated under the 
        guidelines in the same manner as a felony conviction of an adult.
           Sec. 61.  [SENTENCING GUIDELINES MODIFICATIONS.] 
           Subdivision 1.  [MODIFICATIONS TO SENTENCING GUIDELINES 
        REQUIRED.] The sentencing guidelines commission shall adopt the 
        modifications described in subdivision 2 and shall apply them to 
        persons whose crimes occur on or after January 1, 1995. 
           Subd. 2.  [PRIOR JUVENILE OFFENSES; CRIMINAL HISTORY 
        SCORE.] The commission shall modify sentencing guideline II.B.4 
        as follows: 
           (1) it shall change clause (c) to allow juvenile offenses 
        occurring after the juvenile's 14th birthday to be included in 
        the offender's criminal history score; 
           (2) it shall change clause (d) to permit juvenile offenses 
        to be included in an offender's criminal history score if the 
        offender was under 25 years of age at the time the current 
        felony was committed; and 
           (3) it shall change clause (e) to exclude crimes for which 
        the guidelines presume imprisonment from the maximum limit on 
        the number of criminal history score points an offender may 
        receive for prior juvenile offenses. 
           Subd. 3.  [AGGRAVATING FACTOR.] The commission shall 
        consider modifying sentencing guideline II.D. by adding to the 
        list of aggravating factors the fact that the offender committed 
        the crime as part of a group of three or more persons. 
           Sec. 62.  [TASK FORCE ON JUVENILE PROGRAMMING EVALUATION 
        AND PLANNING.] 
           Subdivision 1.  [DUTIES; REPORT.] The task force on 
        juvenile programming evaluation and planning shall report to the 
        chairs of the senate committee on crime prevention and the house 
        of representatives committee on judiciary and the legislative 
        auditor by November 30, 1994, concerning the results of the 
        tasks described in this section. 
           Subd. 2.  [SURVEY OF PROGRAMMING.] (a) The commissioners of 
        corrections and human services shall conduct a comprehensive 
        survey of existing juvenile programming available across the 
        state and report its findings to the task force.  For purposes 
        of the survey, juvenile programming includes all out-of-home 
        placement and nonresidential programs in which juveniles are 
        placed as part of a diversion from juvenile court or as the 
        result of a juvenile court delinquency or extended jurisdiction 
        juvenile proceeding or children in need of protection or 
        services proceeding. 
           (b) The survey shall determine for each program:  whether 
        juveniles were placed there through a child protection 
        proceeding, a juvenile delinquency or extended jurisdiction 
        juvenile proceeding, or through diversion; whether payment is by 
        the state, a local government entity, the child's family, or 
        another source; the extent to which the program provides family 
        and community reintegration services; the extent to which the 
        program provides mental health screening or assessment of each 
        child and develops a treatment plan to address the child's 
        mental health needs; the extent to which the program provides a 
        comprehensive educational assessment of each child and an 
        educational plan to address the child's educational needs during 
        the placement and after reentry into the community, including 
        critical skill thinking and conflict resolution; and the extent 
        to which aftercare is provided. 
           (c) The survey shall determine for each program:  the race 
        and sex of juveniles placed there; the race and sex of staff 
        members; the number of juveniles requiring special services; and 
        the cultural appropriateness of the programming. 
           (d) The survey shall determine for each program the 
        availability of special services including but not limited to:  
        programming for juvenile female offenders; resources for sex 
        offenders; chemical dependency services; mental health 
        assessments and services; suicide prevention services; services 
        for abuse victims; and services for the developmentally disabled.
           Subd. 3.  [TASK FORCE DUTIES.] The task force shall make 
        recommendations concerning: 
           (1) a full continuum of programming to fulfill the service 
        needs identified by the survey conducted under subdivision 2 for 
        extended jurisdiction juveniles and adjudicated juveniles and 
        the cost of providing those services; 
           (2) rules establishing criteria for secure placement of 
        juvenile offenders; 
           (3) existing programs that counties and the state should 
        not continue to fund and a specific list of priorities to be 
        used at the state and county level in evaluating programs for 
        juvenile offenders; 
           (4) the appropriate financial responsibility for extended 
        jurisdiction juveniles and adjudicated juveniles placed out of 
        their homes, the need for additional programming, and the 
        circumstances, if any, under which the state should be 
        responsible for the costs of programming; 
           (5) a planning process and time line to implement a full 
        range of programming and services for adjudicated juveniles and 
        extended jurisdiction juveniles; 
           (6) necessary changes in state rules, statutes, and 
        licensing requirements, including changes in statutes and rules 
        relating to the dispositional and discharge authority of the 
        commissioner of corrections that are needed to implement the 
        extended jurisdiction juvenile category; and 
           (7) funding needs, including the short- and long-range 
        costs to the following of implementing this act and the 
        recommendations of the supreme court advisory task force on the 
        juvenile justice system: 
           (i) the probation and correctional systems; 
           (ii) the public defender system; 
           (iii) the judiciary; and 
           (iv) other governmental entities. 
           Subd. 4.  [MEMBERSHIP.] The commissioner of corrections or 
        the commissioner's designee shall serve as chair of the task 
        force.  The commissioner shall invite individuals who have 
        demonstrated experience in the juvenile justice field and who 
        are representatives or designees of the following, to 
        participate in and serve as members of the task force: 
           (1) the commissioner of corrections; 
           (2) the commissioner of human services; 
           (3) the commissioner of education; 
           (4) the office of drug policy and violence prevention; 
           (5) probation officers; 
           (6) community corrections officers; 
           (7) public defenders; 
           (8) prosecutors; 
           (9) juvenile corrections specialists; 
           (10) law enforcement officials; 
           (11) chemical dependency counselors; 
           (12) mental health experts; 
           (13) children's services providers; 
           (14) victim advocates; 
           (15) district court judges; 
           (16) the council on Black Minnesotans; 
           (17) the council on the affairs of Spanish-speaking people; 
           (18) the council on Asian-Pacific Minnesotans; 
           (19) the Indian affairs council; 
           (20) the association of counties; 
           (21) the council on disabilities; and 
           (22) parents of youthful offenders. 
        The commissioner may use an existing task force convened to 
        study similar juvenile justice issues to perform the duties 
        outlined in this section as long as the commissioner provides an 
        opportunity for representatives of each of the designated groups 
        to participate in and serve as members of the task force. 
           Sec. 63.  [LEGISLATIVE AUDITOR.] 
           Subdivision 1.  [EVALUATION OF CORRECTIONS 
        PROGRAMMING.] The legislative audit commission is requested to 
        direct the legislative auditor to conduct an evaluation of 
        programming at existing state-run facilities serving youthful 
        offenders, including those at Sauk Centre, St. Cloud, 
        Thistledew, and Red Wing and report to the legislature by 
        January 1, 1995, concerning its findings.  The evaluation of the 
        programming shall focus on the following factors: 
           (1) recidivism; 
           (2) participation by youthful offenders; 
           (3) subjective effectiveness among probation officials; 
           (4) subjective effectiveness among youthful offenders; and 
           (5) comparison with programming operating effectively in 
        other states. 
           Subd. 2.  [EVALUATION OF REPORT OF TASK FORCE ON JUVENILE 
        PROGRAMMING EVALUATION AND PLANNING.] The legislative audit 
        commission is requested to direct the legislative auditor to 
        receive and analyze the report of the task force on juvenile 
        programming evaluation and planning submitted under section 62.  
        The evaluation of the task force recommendations shall include a 
        comprehensive independent assessment of relevant factors, 
        including but not limited to those enumerated in section 62, 
        subdivision 3.  If the commission undertakes this evaluation, 
        the legislative auditor shall report to the chairs of the senate 
        committee on crime prevention and the house judiciary committee 
        by February 15, 1995. 
           Subd. 3.  [EVALUATION OF FOUR EXISTING PROGRAMS.] The 
        legislative audit commission is requested to direct the 
        legislative auditor to evaluate four programs comprising the 
        largest number of court-ordered out-of-home placements of 
        children in Minnesota.  The four programs shall be selected in 
        consultation with the commissioner of corrections and the 
        commissioner of human services.  If undertaken by the 
        legislative auditor, the auditor shall report the results of the 
        evaluation to the chairs of the senate committee on crime 
        prevention and the house of representatives committee on 
        judiciary by January 1, 1995.  The evaluation shall focus on the 
        five factors listed in subdivision 1. 
           Sec. 64.  [SUPREME COURT.] 
           Subdivision 1.  [DATA COLLECTION.] The supreme court shall 
        develop a sentencing form for use in extended jurisdiction 
        juvenile proceedings and a procedure for data collection to 
        ensure that extended jurisdiction juvenile data will be 
        compatible with other criminal justice data.  The supreme court 
        shall consult with the criminal and juvenile information policy 
        group in carrying out this duty. 
           Subd. 2.  [TRAINING.] By October 1, 1994, the supreme court 
        shall prepare and conduct a training course for judges and 
        members of their staffs concerning the provisions of this act.  
        In particular, the course shall inform judges of the juvenile 
        disposition options available, the procedural requirements of 
        extended jurisdiction juvenile proceedings, and the sentencing 
        form to be used in those proceedings to ensure that extended 
        jurisdiction juvenile data will be compatible with other 
        criminal justice data. 
           Sec. 65.  [COMMUNITY PROJECT IN JUVENILE CRIME PREVENTION.] 
           The commissioner of jobs and training shall fund a pilot 
        project for a program of early intervention initiatives designed 
        to serve juvenile offenders and probationers.  The pilot project 
        shall include the following initiatives: 
           (1) a peer tutoring project designed for juvenile offenders 
        required to perform community services; 
           (2) specialized group home services for juvenile 
        probationers who have been suspended from school; 
           (3) social services and counseling for female juvenile 
        offenders and their mothers; 
           (4) training in cognitive skill-building and in creative 
        arts; 
           (5) an entrepreneurship program designed to operate on a 
        self-supporting basis; and 
           (6) a mentoring program designed to match juveniles with 
        positive adult role models.  The county community corrections 
        department shall prepare a model training manual based on these 
        initiatives for use by other governmental and nonprofit agencies 
        in developing crime prevention programs in their communities.  
        The manual shall be submitted to the commissioner as part of the 
        final report and evaluation of the project for distribution to 
        appropriate agencies. 
           The primary purpose of this project shall be to provide a 
        network of community services for juvenile offenders and 
        probationers.  The project shall operate from January 1, 1995, 
        to December 31, 1996.  The funding provided by the commissioner 
        must be matched at 20 percent by the local community, either 
        through county funding, or in-kind services, such as volunteer 
        time, space, or transportation.  The commissioner, in 
        consultation with the grantee, shall develop evaluation 
        protocols designed to assess the impact of project components on 
        deterring juvenile crime in the communities where the project 
        operates.  The commissioner shall report to the legislature by 
        January 15, 1997, on the effectiveness of the program 
        initiatives, with recommendations regarding expansion of the 
        pilot project. 
           Sec. 66.  [OUT-OF-STATE PLACEMENT; TRANSITION.] 
           An out-of-state facility subject to certification under 
        section 27 that has preadjudicated delinquents, adjudicated 
        delinquents, or convicted extended jurisdiction juveniles in 
        residence on July 1, 1994, shall be considered certified for 
        purposes of that section until July 1, 1995, or until the 
        facility is evaluated and certification is granted or denied, 
        whichever is earlier. 
           Sec. 67.  [APPROPRIATIONS.] 
           Subdivision 1.  [APPROPRIATIONS.] The sums shown in the 
        column marked "APPROPRIATIONS" are appropriated from the general 
        fund to the agencies and for the purposes specified, to be 
        available for the fiscal year ending June 30, 1995. 
                                                          APPROPRIATIONS
        GENERAL FUND TOTAL                                $ 13,864,000
        Subd. 2.  Corrections
        Total General Fund Appropriation                  $  1,322,000
        Of this appropriation, $50,000 is for a 
        plan for extended jurisdiction 
        juveniles to provide programming that 
        is culturally sensitive to the 
        juveniles who are served and implements 
        restorative justice principles.  This 
        appropriation shall not be included in 
        the budget base for the 1996-1997 
        biennium. 
        Of this appropriation, $50,000 is to 
        conduct the survey of existing juvenile 
        programming, jointly with the 
        commissioner of human services.  This 
        appropriation shall not be included in 
        the budget base for the 1996-1997 
        biennium. 
        Of this appropriation, $12,000 is for 
        rulemaking.  This appropriation shall 
        not be included in the budget base for 
        the 1996-1997 biennium. 
        Of this appropriation, $100,000 is to 
        develop and implement a plan for 
        extended jurisdiction juveniles.  This 
        appropriation shall not be included in 
        the budget base for the 1996-1997 
        biennium. 
        Of this appropriation, $50,000 is to 
        ensure that the race and cultural 
        heritage of juvenile programming staff 
        reflect the characteristics of the 
        juvenile offender population. 
        Of this appropriation, $1,000,000 is to 
        be used to hire or fund the use of 
        additional state and county probation 
        officers and of community corrections 
        officers under Minnesota Statutes, 
        chapter 401.  The funds shall be 
        allocated by the commissioner for 
        probation officers for offenders under 
        age 21 based on weighted caseloads 
        determined by the commissioner after 
        consultation with those entities 
        receiving the funds.  The distributions 
        shall be reported by the commissioner 
        annually to the chairs of the senate 
        crime prevention and house judiciary 
        finance committees.\H* (The preceding\h 
        \Hparagraph beginning "Of" was vetoed by\h 
        \Hthe governor.)\h  
        Of this appropriation, $60,000 is to 
        expand the sentencing to service 
        program to include work crews whose 
        primary function is the removal of 
        graffiti and other defacing signs or 
        symbols from public property and from 
        the property of requesting private 
        property owners.\H* (The preceding\h 
        \Hparagraph beginning "Of" was vetoed by\h 
        \Hthe governor.)\h 
        Subd. 3.  Board of Public Defense 
        Total General Fund Appropriation                    $ 2,650,000
        (a) $2,650,000 is appropriated to the 
        state board of public defense from the 
        general fund for the provision of 
        counsel for juveniles charged with 
        delinquency, for the period January 1, 
        1995, to June 30, 1995.  This 
        appropriation shall be annualized for 
        the 1996-1997 biennium. 
        (b) Of this amount, $1,000,000 is a 
        six-month appropriation for the 
        assumption of the cost of public 
        defender services for juveniles in the 
        first, fifth, seventh, ninth, and tenth 
        judicial districts beginning January 1, 
        1995.  This appropriation shall be 
        annualized for the 1996-1997 biennium. 
        (c) Of this amount, $200,000 is a 
        six-month appropriation for the 
        provision of appellate services for 
        juveniles beginning January 1, 1995.  
        This appropriation shall be annualized 
        for the 1996-1997 biennium. 
        (d) Of this amount, $1,450,000 is a 
        six-month appropriation for the 
        provision of counsel for juveniles in 
        the second, third, fourth, sixth, and 
        eighth judicial districts beginning 
        January 1, 1995.  This appropriation 
        shall be annualized for the 1996-1997 
        biennium.\H* (Subdivision 3 was vetoed by\h 
        \Hthe governor.)\h 
        Subd. 4.  Education  
        Total General Fund Appropriation                    $ 4,900,000
        Of this appropriation, $1,000,000 is 
        for violence prevention education 
        grants under Minnesota Statutes, 
        section 126.78.  One hundred percent of 
        this appropriation must be paid 
        according to the process established in 
        Minnesota Statutes, section 124.195, 
        subdivision 9.  Up to five percent of 
        this appropriation may be used for 
        auditing, monitoring, and 
        administration of the programs funded 
        by this appropriation. 
        Of this appropriation, $1,500,000 is 
        for learning readiness programs under 
        Minnesota Statutes, sections 121.831 
        and 124.2615.  This amount is added to 
        the appropriation for learning 
        readiness in Laws 1991, chapter 224, 
        article 4, section 44, subdivision 16.  
        Notwithstanding Minnesota Statutes, 
        section 124.195, subdivision 10, 100 
        percent of the appropriation in this 
        paragraph must be paid in fiscal year 
        1995.  This additional appropriation is 
        available in fiscal year 1995 only. 
        Of this appropriation, $2,200,000 is 
        for high risk youth violence prevention 
        grants.  Up to five percent of this 
        appropriation may be used for 
        administration and evaluation of the 
        programs funded in this subdivision.  
        These grants may be for periods of up 
        to two years.  
        Of this appropriation, $100,000 is for 
        grants to organizations representing 
        communities of color, neighborhoods, or 
        small nonprofits to assist in local, 
        grassroots collaboration efforts.  Up 
        to 2.5 percent of this appropriation 
        may be used for administration of the 
        programs funded in this subdivision. 
        Of this appropriation, $100,000 is for 
        implementation of the community-based 
        truancy action projects which shall be 
        equitably distributed throughout the 
        state.  Of this amount, $50,000 is for 
        the model school for chronic truants in 
        Blue Earth county.  Funds shall not be 
        used to replace existing funding, but 
        may be used to supplement it. 
        The money appropriated in this 
        subdivision shall not be included in 
        the budget base for the 1996-1997 
        biennium. 
        Subd. 5.  Public Safety 
        Total General Fund Appropriation                    $ 2,495,000
        Of this appropriation, $2,225,000 is 
        for community crime reduction grants 
        under Minnesota Statutes, section 
        299A.35.  Up to five percent of this 
        appropriation may be used for 
        administration and evaluation of the 
        programs funded by this appropriation.  
        These grants may be for periods of up 
        to two years.  This appropriation shall 
        not be included in the budget base for 
        the 1996-1997 biennium. 
        Of this appropriation, $250,000 is 
        appropriated to the commissioner of 
        public safety, bureau of criminal 
        apprehension, from the general fund for 
        the costs of performing initial 
        analysis and design work for the 
        juvenile criminal history system, 
        including extended jurisdiction 
        juvenile data, the statewide 
        misdemeanor system, including violent 
        and enhanceable crimes, and the 
        domestic abuse orders for protection 
        tracking system.  This appropriation 
        shall not be included in the budget 
        base for the 1996-1997 biennium. 
        Of this appropriation, $20,000 is to 
        operate the statewide school-related 
        crime telephone line and to pay rewards 
        for information received over the 
        statewide telephone line.  Any 
        unexpended funds in fiscal year 1995 do 
        not cancel and carry forward to fiscal 
        year 1996.  
        Subd. 6.  Attorney General  
        Total General Fund Appropriation                    $    10,000
        This appropriation is to conduct 
        training for county attorneys on 
        juvenile laws and on the provisions of 
        this act.  This appropriation shall not 
        be included in the budget base for the 
        1996-1997 biennium. 
        Subd. 7.  District Courts
        Total General Fund Appropriation                    $   372,000
        Of this appropriation, $372,000 is to 
        be used to fund four additional 
        district court judgeships beginning 
        March 1, 1995.  The supreme court, in 
        consultation with the state court 
        administrator and the conference of 
        chief judges, shall determine the 
        districts in which these judgeships 
        will be located, based on increased 
        court caseloads resulting from the 
        provisions of this act.\H* (Subdivision 7\h 
        \Hwas vetoed by the governor.)\h 
        Subd. 8.  Supreme Court  
        Total General Fund Appropriation                    $   245,000
        This appropriation is for the costs of 
        performing initial analysis and design 
        work for the juvenile criminal history 
        system, including extended jurisdiction 
        juvenile data, the statewide 
        misdemeanor system, and the tracking 
        system for domestic abuse orders for 
        protection.  This appropriation shall 
        not be included in the budget base for 
        the 1996-1997 biennium. 
        Subd. 9.  Human Services     
        Total General Fund Appropriation                      $ 700,000
        Of this appropriation, $50,000 is for 
        the survey of existing juvenile 
        programming jointly with the 
        commissioner of corrections. 
        Of this appropriation, $50,000 is to 
        provide grants to agencies that conduct 
        interdisciplinary training of criminal 
        justice officials who deal with victims 
        and perpetrators of violence, including 
        training in interviewing children who 
        report being sexually abused or 
        perpetrators of violence. 
        Of this appropriation, $50,000 is for a 
        grant to an Indian child welfare 
        defense corporation to promote 
        compliance with the Indian family 
        preservation act and the Indian Child 
        Welfare Act under Minnesota Statutes, 
        section 257.3571, subdivision 2a. 
        Of this appropriation, $500,000 is for 
        the mental health screening of 
        juveniles under Minnesota Statutes, 
        section 260.152. 
        Of this appropriation, $50,000 is for a 
        grant to a nonprofit, statewide child 
        abuse prevention organization whose 
        primary focus is parent self-help and 
        support. 
        The appropriations in this subdivision 
        shall not be included in the budget 
        base for the 1996-1997 biennium. 
        Subd. 10.  Jobs and Training 
        Total General Fund Appropriation                    $ 1,170,000
        Of this appropriation, $20,000 is for 
        the pilot project through a community 
        corrections department for early 
        intervention to serve juvenile 
        offenders. 
        Of this appropriation, $1,150,000 is to 
        be used to award grants to cities for 
        creating and expanding curfew 
        enforcement, truancy prevention, and 
        after-school and summer recreational 
        programs for children and youth.  
        Any after-school programs created under 
        this paragraph shall ensure that 
        program participants learn necessary 
        workplace skills consistent with the 
        provisions in Minnesota Statutes, 
        section 268.31.  
        The appropriations in this subdivision 
        shall not be included in the budget 
        base for the 1996-1997 biennium. 
           Sec. 68.  [EFFECTIVE DATE.] 
           Sections 62 to 64 are effective the day following final 
        enactment.  Sections 1, 2, 5 to 8, 18, 27, 37 to 44, 54, 59, 60, 
        61, 65, and 66 are effective July 1, 1994.  Sections 46 to 49 
        and 57 are effective August 1, 1994, and apply to violations 
        occurring on or after that date.  Sections 3, 4, 9 to 17, 19 to 
        26, 28 to 36, 45, 50 to 53, 55 and 56 are effective January 1, 
        1995. 
           Presented to the governor May 2, 1994 
           Signed by the governor May 5, 1994, 5:37 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569