Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes