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260B.199 Placement of juvenile offenders at Minnesota correctional facility-Red Wing.

Subdivision 1. When court must consider; prohibition on placement at out-of-state facility. The admissions criteria for the Minnesota correctional facility-Red Wing shall include a requirement that the county of referral must have considered all appropriate local or regional placements and have exhausted potential in-state placements in the geographic region. The court must state on the record that this effort was made and placements rejected before ordering a placement or commitment to the Minnesota correctional facility-Red Wing. Before a court orders a disposition under section 260B.198 or 260B.130, subdivision 4, for a child, the court shall determine whether the child meets the established admissions criteria for the Minnesota correctional facility-Red Wing. If the child meets the admissions criteria, the court shall place the child at the facility and may not place the child in an out-of-state facility, unless the court makes a finding on the record that the safety of the child or the safety of the community can be best met by placement in an out-of-state facility or that the out-of-state facility is located closer to the child's home.

Subd. 2. Report required. (a) A court that places a child in an out-of-state facility shall report the following information to the sentencing guidelines commission:

(1) the out-of-state facility the child was placed at and the reasons for this placement;

(2) the in-state facilities at which placement was considered;

(3) the reasons for not choosing an in-state facility;

(4) the reasons why the child did not meet the established admissions criteria for the Minnesota correctional facility-Red Wing, if applicable; and

(5) if the child met the admissions criteria, the reasons why the safety of the child or the safety of the community could not be met at the Minnesota correctional facility-Red Wing.

(b) By February 15 of each year, the commission shall forward a summary of the reports received from courts under this subdivision for the preceding year to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding.

HIST: 2000 c 488 art 7 s 7

Official Publication of the State of Minnesota
Revisor of Statutes