Key: (1) language to be deleted (2) new language
CHAPTER 233-H.F.No. 3190
An act relating to corrections; requiring the juvenile
court to send data relating to juvenile petitions to
the statewide supervision system; amending Minnesota
Statutes 2000, sections 260B.171, subdivision 2;
299C.09; 299C.147, subdivisions 3, 4; Minnesota
Statutes 2001 Supplement, section 299C.147,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 260B.171,
subdivision 2, is amended to read:
Subd. 2. [RECORD OF FINDINGS.] (a) The juvenile court
shall forward to the bureau of criminal apprehension the
following data in juvenile petitions involving felony- or gross
misdemeanor-level offenses:
(1) the name and birthdate of the juvenile, including any
of the juvenile's known aliases or street names;
(2) the act for which the juvenile was petitioned and date
of the offense; and
(3) the date and county where the petition was filed.
(b) Upon completion of the court proceedings, the court
shall forward the court's finding and case disposition to the
bureau. The court shall specify whether:
(1) the juvenile was referred to a diversion program;
(2) the petition was dismissed, continued for dismissal, or
continued without adjudication; or
(3) the juvenile was adjudicated delinquent.
(c) The juvenile court shall forward to the bureau, the
sentencing guidelines commission, and the department of
corrections the following data on individuals convicted as
extended jurisdiction juveniles:
(1) the name and birthdate of the offender, including any
of the juvenile's known aliases or street names;
(2) the crime committed by the offender and the date of the
crime;
(3) the date and county of the conviction; and
(4) the case disposition.
The court shall notify the bureau, the sentencing
guidelines commission, and the department of corrections
whenever it executes an extended jurisdiction juvenile's adult
sentence under section 260B.130, subdivision 5.
(d) The juvenile court shall forward to the statewide
supervision system described in section 299C.147 the following
data in juvenile petitions for individuals under supervision by
probation agencies or in an out-of-home placement:
(1) the name, address, birth date, race, and gender of the
juvenile, including any of the juvenile's known aliases or
street names;
(2) the act for which the juvenile was petitioned and date
of offense;
(3) the date and county where the petition was filed;
(4) county, date of court action, and court file number of
any adjudication or continuance;
(5) the case disposition, including any conditions of
supervision; and
(6) the discharge or closing date and reason for the case
under supervision.
(d) (e) The bureau, sentencing guidelines commission, and
the department of corrections 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 260B.130, subdivision 5.
Sec. 2. Minnesota Statutes 2000, section 299C.09, is
amended to read:
299C.09 [SYSTEM FOR IDENTIFYING CRIMINALS; RECORD, INDEX.]
The bureau shall install systems for identification of
criminals, including the fingerprint system, the modus operandi
system, the conditional release data system, and such others as
the superintendent deems proper. The bureau shall keep a
complete record and index of all information received in
convenient form for consultation and comparison. The bureau
shall obtain from wherever procurable and file for record finger
and thumb prints, measurements, photographs, plates, outline
pictures, descriptions, modus operandi statements, conditional
release information, or such other information as the
superintendent considers necessary, of persons who have been or
shall hereafter be convicted of a felony, gross misdemeanor, or
an attempt to commit a felony or gross misdemeanor, within the
state, or who are known to be habitual criminals. To the extent
that the superintendent may determine it to be necessary, the
bureau shall obtain like information concerning persons
convicted of a crime under the laws of another state or
government, the central repository of this records system is the
bureau of criminal apprehension in St. Paul.
Sec. 3. Minnesota Statutes 2001 Supplement, section
299C.147, subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT.] The bureau department of
corrections shall administer and maintain a computerized data
system for the purpose of assisting criminal justice agencies in
monitoring and enforcing the conditions of conditional release
imposed on criminal offenders by a sentencing court or the
commissioner of corrections. The adult data and juvenile data
as defined in section 260B.171 in the statewide supervision
system are private data as defined in section 13.02, subdivision
12, but are accessible to criminal justice agencies as defined
in section 13.02, subdivision 3a, to public defenders as
provided in section 611.272, to the district court all trial
courts and appellate courts, and to criminal justice agencies in
other states in the conduct of their official duties.
Sec. 4. Minnesota Statutes 2000, section 299C.147,
subdivision 3, is amended to read:
Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only
criminal justice agencies may submit data to the conditional
release data statewide supervision system and only persons who
are authorized users under subdivision 2 may obtain data from
the system. The commissioner of corrections may require that
any or all information be submitted to the conditional release
data statewide supervision system. A consent to the release of
data in the conditional release data statewide supervision
system from the individual who is the subject of the data is not
effective.
Sec. 5. Minnesota Statutes 2000, section 299C.147,
subdivision 4, is amended to read:
Subd. 4. [PROCEDURES.] The bureau department of
corrections shall adopt procedures to provide for the orderly
collection, entry, retrieval, and deletion of data contained in
the conditional release data statewide supervision system.
Presented to the governor March 11, 2002
Signed by the governor March 13, 2002, 4:57 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes