HF 1678

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 02:52pm

A bill for an act
relating to juvenile justice; addressing numerous issues relating to juveniles
including risk assessments, alternatives to arrest, and use of restraints; amending
Minnesota Statutes 2018, section 260B.176, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 260B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

JUVENILE PROCEEDINGS

Section 1.

[260B.008] USE OF RESTRAINTS.

(a) As used in this section, "restraints" means a mechanical or other device that constrains
the movement of a person's body or limbs.

(b) Restraints may not be used on a child appearing in court in a proceeding under this
chapter unless the court finds that:

(1) the use of restraints is necessary:

(i) to prevent physical harm to the child or another; or

(ii) to prevent the child from fleeing in situations in which the child presents a substantial
risk of flight from the courtroom; and

(2) there are no less restrictive alternatives to restraints that will prevent flight or physical
harm to the child or another, including but not limited to the presence of court personnel,
law enforcement officers, or bailiffs.

The finding in clause (1), item (i), may be based, among other things, on the child having
a history of disruptive courtroom behavior or behavior while in custody for any current or
prior offense that has placed others in potentially harmful situations, or presenting a
substantial risk of inflicting physical harm on the child or others as evidenced by past
behavior. The court may take into account the physical structure of the courthouse in
assessing the applicability of the above factors to the individual child.

(c) The court shall be provided the child's behavior history and shall provide the child
an opportunity to be heard in person or through counsel before ordering the use of restraints.
If restraints are ordered, the court shall make findings of fact in support of the order.

Sec. 2.

[260B.1755] ALTERNATIVE TO ARREST OF CERTAIN JUVENILE
OFFENDERS AUTHORIZED.

(a) A peace officer may refer a child that the officer has the lawful authority to arrest or
has arrested to a program that the law enforcement agency with jurisdiction over the child
deems appropriate.

(b) This section does not apply to violent felony offenses or to peace officers acting
pursuant to an order or warrant described in section 260B.175, subdivision 1, paragraph
(a), or other court order to take a child into custody.

(c) A program authorized by this section may defer prosecution of juvenile offenders
who agree to complete appropriate conditions. Upon completion of the conditions, the
charge shall be dismissed. Both petty offenders and delinquents are eligible for referrals
under this section.

Sec. 3. RULE SUPERSEDED.

Minnesota Rules of Juvenile Delinquency Procedure, rule 2.03, subdivision 1, is
superseded to the extent it conflicts with section 1.

Sec. 4. COMPLIANCE WITH JUVENILE RESTRAINT PROVISION.

By July 1, 2020, each judicial district shall develop a protocol to address how to
implement and comply with section 1. In developing the protocol, a district shall consult
with law enforcement agencies, prosecutors, and public defenders within the district, as
well as any other entity deemed necessary by the district's chief judge.

ARTICLE 2

RISK ASSESSMENTS

Section 1.

Minnesota Statutes 2018, section 260B.176, is amended by adding a subdivision
to read:

Subd. 1a.

Risk assessment instrument.

A person making a release decision under
subdivision 1 shall use an objective and racially, ethnically, and gender-responsive juvenile
detention risk assessment instrument developed by the commissioner, county, group of
counties, or judicial district, in consultation with the state coordinator or coordinators of
the Minnesota Juvenile Detention Alternative Initiative. The risk assessment instrument
must assess the likelihood that a child released from preadjudication detention under this
section or section 260B.178 would endanger others or not return for a court hearing. The
instrument must identify the appropriate setting for a child who might endanger others or
not return for a court hearing pending adjudication, with either continued detention or
placement in a noncustodial community-based supervision setting. The instrument must
also identify the type of noncustodial community-based supervision setting necessary to
minimize the risk that a child who is released from custody will endanger others or not
return for a court hearing.

EFFECTIVE DATE.

This section is effective January 1, 2020.

Sec. 2. ADOPTION OF JUVENILE DETENTION RISK ASSESSMENT
INSTRUMENT.

Subdivision 1.

Adoption required.

By September 15, 2019, the commissioner of
corrections shall adopt an objective and racially, ethnically, and gender-responsive juvenile
detention risk assessment instrument.

Subd. 2.

Consultation required.

In adopting the risk assessment instrument required
in subdivision 1, the commissioner shall consult and collaborate with the commissioners
of public safety and human services, state coordinator or coordinators of the Minnesota
Juvenile Detention Alternative Initiative, and individuals throughout the state who are
knowledgeable in matters relating to the detention and treatment of juvenile offenders and
at-risk juveniles including but not limited to individuals from the courts, probation, law
enforcement, prosecutorial offices, public defender's offices, communities of color, social
services, juvenile detention and shelter care facilities, and juvenile residential treatment and
correctional facilities. The commissioner shall also review similar risk assessment instruments
in use both inside and outside of the state.