Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 255-H.F.No. 2067 
                  An act relating to juvenile justice; when an extended 
                  jurisdiction juvenile offender has stayed sentence 
                  executed for violation of stay no credit is granted 
                  for time in juvenile facility; amending Minnesota 
                  Statutes 1999 Supplement, section 260B.130, 
                  subdivision 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        260B.130, subdivision 5, is amended to read: 
           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, except that no credit shall be given for 
        time served in juvenile facility custody prior to a summary 
        hearing.  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.  Upon revocation, the offender's extended 
        jurisdiction status is terminated and juvenile court 
        jurisdiction is terminated.  The ongoing jurisdiction for any 
        adult sanction, other than commitment to the commissioner of 
        corrections, is with the adult court. 
           Presented to the governor March 3, 2000 
           Signed by the governor March 7, 2000, 3:40 p.m.