Bill Text: MN HF545 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Emily's Law established, and age lowered for extended jurisdiction juvenile prosecution for violent offenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-02-13 - Introduction and first reading, referred to Early Childhood and Youth Development Policy [HF545 Detail]
Download: Minnesota-2013-HF545-Introduced.html
1.2relating to public safety; establishing Emily's law; lowering the age of extended
1.3jurisdiction juvenile prosecution for violent offenses;amending Minnesota
1.4Statutes 2012, sections 242.44; 260B.007, by adding a subdivision; 260B.130;
1.5260B.141, subdivision 4; 260B.193, subdivision 5; 260B.198, subdivision 6;
1.6260B.199; 260B.201, subdivision 2; 609.055.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 242.44, is amended to read:
1.9242.44 PUPILS.
1.10The commissioner of corrections, so far as the accommodations of the correctional
1.11facilities and other means at the commissioner's disposal will permit, may receive juvenile
1.12delinquents and juvenile offenders serving a juvenile disposition under section260B.130,
1.13subdivision 4
. The commissioner's housing of these individuals must be consistent with
1.14federal and state law, including established admissions criteria for Minnesota Correctional
1.15Facility-Red Wing. The commissioner may place these youths at employment, may
1.16provide education suitable to their years and capacity, and may place them in suitable
1.17homes. Under rules prescribed by the commissioner, when deemed best for these youths,
1.18persons committed to the commissioner's care and custody by a juvenile court may be
1.19paroled or discharged from the facility by the commissioner. All pupils in the facility shall
1.20be clothed, instructed, and maintained by the commissioner of corrections.
1.21EFFECTIVE DATE.This section is effective August 1, 2013.
1.22 Sec. 2. Minnesota Statutes 2012, section 260B.007, is amended by adding a
1.23subdivision to read:
2.1 Subd. 21. Violent juvenile offense. "Violent juvenile offense" means any of the
2.2following offenses that would be a felony if committed by an adult: sections 609.185
2.3(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in
2.4the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the
2.5second degree); 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h) (criminal sexual
2.6conduct in the first degree; involving injury, force, or weapons); 609.343, subdivision 1,
2.7paragraph (c), (d), (e), (f), or (h) (criminal sexual conduct in the second degree; involving
2.8injury, force, or weapons); 609.344, subdivision 1, paragraph (c) or (g) (criminal sexual
2.9conduct in the third degree; involving force or injury); 609.345, subdivision 1, paragraph
2.10(c) or (g) (criminal sexual conduct in the fourth degree; involving force or injury); and
2.11609.377 (malicious punishment of a child).
2.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
2.13offenses committed on or after that date.
2.14 Sec. 3. Minnesota Statutes 2012, section 260B.130, is amended to read:
2.15260B.130 EXTENDED JURISDICTION JUVENILE PROSECUTIONS.
2.16 Subdivision 1. Designation; child age 14 to 17 years. A proceeding involving a
2.17child alleged to have committed a felony offense is an extended jurisdiction juvenile
2.18prosecution if:
2.19(1) the child was 14 to 17 years old at the time of the alleged offense, a certification
2.20hearing was held, and the court designated the proceeding an extended jurisdiction
2.21juvenile prosecution;
2.22(2) the child was 16 or 17 years old at the time of the alleged offense; the child is
2.23alleged to have committed an offense for which the Sentencing Guidelines and applicable
2.24statutes presume a commitment to prison or to have committed any felony in which the
2.25child allegedly used a firearm; and the prosecutor designated in the delinquency petition
2.26that the proceeding is an extended jurisdiction juvenile prosecution; or
2.27(3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
2.28requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.29a hearing was held on the issue of designation, and the court designated the proceeding an
2.30extended jurisdiction juvenile prosecution.
2.31 Subd. 1a. Designation; child age 13 years. A proceeding involving a child
2.32alleged to have committed a violent juvenile offense is an extended jurisdiction juvenile
2.33prosecution if the child was 13 years old at the time of the alleged offense, the prosecutor
2.34requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
3.1a hearing was held on the issue of designation, and the court designated the proceeding an
3.2extended jurisdiction juvenile prosecution.
3.3 Subd. 2. Hearing on prosecutor's request. When a prosecutor requests that a
3.4proceeding be designated an extended jurisdiction juvenile prosecution, the court shall
3.5hold a hearing under section260B.163 to consider the request. The hearing must be held
3.6within 30 days of the filing of the request for designation, unless good cause is shown by
3.7the prosecution or the child as to why the hearing should not be held within this period
3.8in which case the hearing shall be held within 90 days of the filing of the request. If the
3.9prosecutor shows by clear and convincing evidence that designating the proceeding an
3.10extended jurisdiction juvenile prosecution serves public safety, the court shall grant the
3.11request for designation. In determining whether public safety is served, the court shall
3.12consider the factors specified in section260B.125, subdivision 4 . The court shall decide
3.13whether to designate the proceeding an extended jurisdiction juvenile prosecution within
3.1415 days after the designation hearing is completed, unless additional time is needed, in
3.15which case the court may extend the period up to another 15 days.
3.16 Subd. 3. Proceedings. A child who is the subject of an extended jurisdiction
3.17juvenile prosecution has the right to a trial by jury and to the effective assistance of
3.18counsel, as described in section260B.163, subdivision 4 .
3.19 Subd. 4. Disposition; child age 14 to 17 years. (a) If an extended jurisdiction
3.20juvenile prosecution designated under subdivision 1 results in a guilty plea or finding
3.21of guilt, the court shall:
3.22(1) impose one or more juvenile dispositions under section260B.198 ; and
3.23(2) impose an adult criminal sentence, the execution of which shall be stayed on
3.24the condition that the offender not violate the provisions of the disposition order and
3.25not commit a new offense.
3.26(b) If a child prosecuted as an extended jurisdiction juvenile after designation by
3.27the prosecutor in the delinquency petition is convicted of an offense after trial that is not
3.28an offense described in subdivision 1, clause (2), the court shall adjudicate the child
3.29delinquent and order a disposition under section260B.198 . If the extended jurisdiction
3.30juvenile proceeding results in a guilty plea for an offense not described in subdivision 1,
3.31clause (2), the court may impose a disposition under paragraph (a) if the child consents.
3.32 Subd. 4a. Disposition; child age 13 years. If an extended jurisdiction juvenile
3.33prosecution designated under subdivision 1a results in a guilty plea or finding of guilt,
3.34the court shall:
3.35(1) impose one or more juvenile dispositions under section 260B.198; and
4.1(2) impose an adult criminal sentence, the execution of which shall be stayed on
4.2the condition that the offender not violate the provisions of the disposition order and not
4.3commit a new offense. In imposing an adult criminal sentence, the court may not order
4.4that the child be committed to the custody of the commissioner of corrections in a state
4.5correctional facility for adults.
4.6 Subd. 5. Execution of adult sentence. (a) When it appears that a person convicted
4.7as an extended jurisdiction juvenile has violated the conditions of the stayed sentence,
4.8or is alleged to have committed a new offense, the court may, without notice, revoke the
4.9stay and probation and direct that the offender be taken into immediate custody. The court
4.10shall notify the offender in writing of the reasons alleged to exist for revocation of the
4.11stay of execution of the adult sentence. If the offender challenges the reasons, the court
4.12shall hold a summary hearing on the issue at which the offender is entitled to be heard and
4.13represented by counsel.
4.14(b) If a person described in paragraph (a) is taken into custody, the person may be
4.15detained in a secure juvenile detention facility. If there is no secure juvenile detention
4.16facility or existing acceptable detention alternative available for juveniles within the
4.17county, the child may be detained up to 24 hours, excluding Saturdays, Sundays, and
4.18holidays, or for up to six hours in a standard metropolitan statistical area, in a jail, lockup,
4.19or other facility used for the confinement of adults who have been charged with or
4.20convicted of a crime. In this instance, the person must be confined in quarters separate
4.21from any adult confined in the facility that allow for complete sight and sound separation
4.22for all activities during the period of the detention, and the adult facility must be approved
4.23for the detention of juveniles by the commissioner of corrections.
4.24If the person is 18 years of age or older and is to be detained prior to the revocation
4.25hearing, the person may be detained in a local adult correctional facility without the need
4.26for sight and sound separation.
4.27(c) After the hearing, if the court finds that reasons exist to revoke the stay of
4.28execution of sentence, the court shall treat the offender as an adult and order any of the
4.29adult sanctions authorized by section609.14, subdivision 3 , except that no credit shall
4.30be given for time served in juvenile facility custody prior to a summary hearing. If the
4.31offender was convicted of an offense described in subdivision 1, clause (2), and the court
4.32finds that reasons exist to revoke the stay, the court must order execution of the previously
4.33imposed sentence unless the court makes written findings regarding the mitigating factors
4.34that justify continuing the stay.
5.1(d) Upon revocation, the offender's extended jurisdiction status is terminated and
5.2juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction,
5.3other than commitment to the commissioner of corrections, is with the adult court.
5.4 Subd. 6. Inapplicability to certain offenders. This section does not apply to a
5.5child excluded from the definition of delinquent child under section260B.007, subdivision
5.66 , paragraph (b).
5.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
5.8offenses committed on or after that date.
5.9 Sec. 4. Minnesota Statutes 2012, section 260B.141, subdivision 4, is amended to read:
5.10 Subd. 4. Delinquency petition; extended jurisdiction juvenile. When a prosecutor
5.11files a delinquency petition alleging that a child committed a felony offense for which
5.12there is a presumptive commitment to prison according to the Sentencing Guidelines
5.13and applicable statutes or in which the child used a firearm, after reaching the age of
5.1416 years, the prosecutor shall indicate in the petition whether the prosecutor designates
5.15the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
5.16delinquency petition alleging that a child aged 13 years committed a violent juvenile offense
5.17or a child aged 14 to 17 years committed a felony offense, the prosecutor may request that
5.18the court designate the proceeding an extended jurisdiction juvenile prosecution.
5.19EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
5.20offenses committed on or after that date.
5.21 Sec. 5. Minnesota Statutes 2012, section 260B.193, subdivision 5, is amended to read:
5.22 Subd. 5. Termination of jurisdiction. (a) The court may dismiss the petition or
5.23otherwise terminate its jurisdiction on its own motion or on the motion or petition of any
5.24interested party at any time. Unless terminated by the court, and except as otherwise
5.25provided in this subdivision, the jurisdiction of the court shall continue until the individual
5.26becomes 19 years of age if the court determines it is in the best interest of the individual
5.27to do so.
5.28(b) The jurisdiction of the court over an extended jurisdiction juvenile, with respect
5.29to the offense for which the individual was convicted as an extended jurisdiction juvenile,
5.30extends until the offender becomes 21 years of age, unless the court terminates jurisdiction
5.31before that date.
6.1(c) The juvenile court has jurisdiction to designate the proceeding an extended
6.2jurisdiction juvenile prosecution, to hold a certification hearing, or to conduct a trial,
6.3receive a plea, or impose a disposition under section260B.130, subdivision 4 , if:
6.4(1) an adult is alleged to have committed an offense before the adult's 18th birthday;
6.5and
6.6(2) a petition is filed under section260B.141 before expiration of the time for filing
6.7under section628.26 and before the adult's 21st birthday.
6.8The juvenile court lacks jurisdiction under this paragraph if the adult demonstrates that the
6.9delay was purposefully caused by the state in order to gain an unfair advantage.
6.10(d) The district court has original and exclusive jurisdiction over a proceeding:
6.11(1) that involves an adult who is alleged to have committed an offense before the
6.12adult's 18th birthday; and
6.13(2) in which a criminal complaint is filed before expiration of the time for filing
6.14under section628.26 and after the adult's 21st birthday.
6.15The juvenile court retains jurisdiction if the adult demonstrates that the delay in
6.16filing a criminal complaint was purposefully caused by the state in order to gain an unfair
6.17advantage.
6.18(e) The juvenile court has jurisdiction over a person who has been adjudicated
6.19delinquent, has been found to have committed a delinquent act, or has been charged by
6.20juvenile petition until the person's 21st birthday if the person fails to appear at any juvenile
6.21court hearing or fails to appear at or absconds from any placement under a juvenile court
6.22order. The juvenile court has jurisdiction over a convicted extended jurisdiction juvenile
6.23who fails to appear at any juvenile court hearing or fails to appear at or absconds from any
6.24placement under section260B.130, subdivision 4 . The juvenile court lacks jurisdiction
6.25under this paragraph if the adult demonstrates that the delay was purposefully caused by
6.26the state in order to gain an unfair advantage.
6.27EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
6.28offenses committed on or after that date.
6.29 Sec. 6. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to read:
6.30 Subd. 6. Expungement. Except when legal custody is transferred under the
6.31provisions of subdivision 1, clause (4), or a child is adjudicated delinquent for committing
6.32a violent juvenile offense, the court may expunge the adjudication of delinquency at
6.33any time that it deems advisable.
6.34EFFECTIVE DATE.This section is effective August 1, 2013.
7.1 Sec. 7. Minnesota Statutes 2012, section 260B.199, is amended to read:
7.2260B.199 PLACEMENT OF JUVENILE OFFENDERS AT MINNESOTA
7.3CORRECTIONAL FACILITY-RED WING.
7.4 Subdivision 1. Admissions criteria. The admissions criteria for the Minnesota
7.5Correctional Facility-Red Wing shall include a requirement that the county of referral
7.6must have considered all appropriate local or regional placements and have exhausted
7.7potential in-state placements in the geographic region. The court must state on the
7.8record that this effort was made and placements rejected before ordering a placement or
7.9commitment to the Minnesota Correctional Facility-Red Wing. Before a court orders a
7.10disposition under section260B.198 or
260B.130, subdivision 4 , for a child, the court shall
7.11determine whether the child meets the established admissions criteria for the Minnesota
7.12Correctional Facility-Red Wing. If the child meets the admissions criteria, the court shall
7.13place the child at the facility and may not place the child in an out-of-state facility, unless
7.14the court makes a finding on the record that the safety of the child or the safety of the
7.15community can be best met by placement in an out-of-state facility or that the out-of-state
7.16facility is located closer to the child's home.
7.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
7.18offenses committed on or after that date.
7.19 Sec. 8. Minnesota Statutes 2012, section 260B.201, subdivision 2, is amended to read:
7.20 Subd. 2. When commitment required. (a) A court having jurisdiction over a child
7.21shall commit the child to the custody of the commissioner of corrections or place the child
7.22at the Minnesota Correctional Facility-Red Wing if the child:
7.23(1) was previously adjudicated delinquent or convicted as an extended jurisdiction
7.24juvenile for an offense for which registration under section243.166 was required;
7.25(2) was placed on probation for the offense and ordered to complete a sex offender
7.26or chemical dependency treatment program; and
7.27(3) subsequently failed or refused to successfully complete the program.
7.28(b) If the child was initially convicted as an extended jurisdiction juvenile, the
7.29court may execute the child's adult sentence under section260B.130, subdivision 4 .
7.30Notwithstanding paragraph (c), if the court does not do this, it shall comply with
7.31paragraph (a).
7.32(c) A court may place a child in an out-of-state facility if the court makes a finding
7.33on the record that the safety of the child or the safety of the community can be best met
8.1by placement in an out-of-state facility or that the out-of-state facility is located closer
8.2to the child's home.
8.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.4offenses committed on or after that date.
8.5 Sec. 9. Minnesota Statutes 2012, section 609.055, is amended to read:
8.6609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.
8.7 Subdivision 1. General rule. Children under the age of14 13 years are incapable of
8.8committing crime.
8.9 Subd. 2. Adult prosecution. (a) Except as otherwise provided inparagraph
8.10 paragraphs (b), and (c):
8.11(1) children of the age of 14 years or over but under 18 years may be prosecuted for
8.12a felony offense if the alleged violation is duly certified for prosecution under the laws and
8.13court procedures controlling adult criminal violations or may be designated an extended
8.14jurisdiction juvenile in accordance with the provisions of chapter 260B; and
8.15(2) children of the age of 13 years may be designated as an extended jurisdiction
8.16juvenile in accordance with the provisions of chapter 260B for a violent juvenile offense,
8.17as defined in section 260B.007, subdivision 21.
8.18(b) A child who is 16 years of age or older but under 18 years of age is capable of
8.19committing a crime and may be prosecuted for a felony if:
8.20(1) the child has been previously certified on a felony charge pursuant to a hearing
8.21under section260B.125, subdivision 2 , or pursuant to the waiver of the right to such a
8.22hearing, or prosecuted pursuant to this subdivision; and
8.23(2) the child was convicted of the felony offense or offenses for which the child was
8.24prosecuted or of a lesser included felony offense.
8.25(b) (c) A child who is alleged to have committed murder in the first degree after
8.26becoming 16 years of age is capable of committing a crime and may be prosecuted for
8.27the felony. This paragraph does not apply to a child alleged to have committed attempted
8.28murder in the first degree after becoming 16 years of age.
8.29EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.30offenses committed on or after that date.
1.3jurisdiction juvenile prosecution for violent offenses;amending Minnesota
1.4Statutes 2012, sections 242.44; 260B.007, by adding a subdivision; 260B.130;
1.5260B.141, subdivision 4; 260B.193, subdivision 5; 260B.198, subdivision 6;
1.6260B.199; 260B.201, subdivision 2; 609.055.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 242.44, is amended to read:
1.9242.44 PUPILS.
1.10The commissioner of corrections, so far as the accommodations of the correctional
1.11facilities and other means at the commissioner's disposal will permit, may receive juvenile
1.12delinquents and juvenile offenders serving a juvenile disposition under section
1.13
1.14federal and state law, including established admissions criteria for Minnesota Correctional
1.15Facility-Red Wing. The commissioner may place these youths at employment, may
1.16provide education suitable to their years and capacity, and may place them in suitable
1.17homes. Under rules prescribed by the commissioner, when deemed best for these youths,
1.18persons committed to the commissioner's care and custody by a juvenile court may be
1.19paroled or discharged from the facility by the commissioner. All pupils in the facility shall
1.20be clothed, instructed, and maintained by the commissioner of corrections.
1.21EFFECTIVE DATE.This section is effective August 1, 2013.
1.22 Sec. 2. Minnesota Statutes 2012, section 260B.007, is amended by adding a
1.23subdivision to read:
2.1 Subd. 21. Violent juvenile offense. "Violent juvenile offense" means any of the
2.2following offenses that would be a felony if committed by an adult: sections 609.185
2.3(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in
2.4the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the
2.5second degree); 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h) (criminal sexual
2.6conduct in the first degree; involving injury, force, or weapons); 609.343, subdivision 1,
2.7paragraph (c), (d), (e), (f), or (h) (criminal sexual conduct in the second degree; involving
2.8injury, force, or weapons); 609.344, subdivision 1, paragraph (c) or (g) (criminal sexual
2.9conduct in the third degree; involving force or injury); 609.345, subdivision 1, paragraph
2.10(c) or (g) (criminal sexual conduct in the fourth degree; involving force or injury); and
2.11609.377 (malicious punishment of a child).
2.12EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
2.13offenses committed on or after that date.
2.14 Sec. 3. Minnesota Statutes 2012, section 260B.130, is amended to read:
2.15260B.130 EXTENDED JURISDICTION JUVENILE PROSECUTIONS.
2.16 Subdivision 1. Designation; child age 14 to 17 years. A proceeding involving a
2.17child alleged to have committed a felony offense is an extended jurisdiction juvenile
2.18prosecution if:
2.19(1) the child was 14 to 17 years old at the time of the alleged offense, a certification
2.20hearing was held, and the court designated the proceeding an extended jurisdiction
2.21juvenile prosecution;
2.22(2) the child was 16 or 17 years old at the time of the alleged offense; the child is
2.23alleged to have committed an offense for which the Sentencing Guidelines and applicable
2.24statutes presume a commitment to prison or to have committed any felony in which the
2.25child allegedly used a firearm; and the prosecutor designated in the delinquency petition
2.26that the proceeding is an extended jurisdiction juvenile prosecution; or
2.27(3) the child was 14 to 17 years old at the time of the alleged offense, the prosecutor
2.28requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
2.29a hearing was held on the issue of designation, and the court designated the proceeding an
2.30extended jurisdiction juvenile prosecution.
2.31 Subd. 1a. Designation; child age 13 years. A proceeding involving a child
2.32alleged to have committed a violent juvenile offense is an extended jurisdiction juvenile
2.33prosecution if the child was 13 years old at the time of the alleged offense, the prosecutor
2.34requested that the proceeding be designated an extended jurisdiction juvenile prosecution,
3.1a hearing was held on the issue of designation, and the court designated the proceeding an
3.2extended jurisdiction juvenile prosecution.
3.3 Subd. 2. Hearing on prosecutor's request. When a prosecutor requests that a
3.4proceeding be designated an extended jurisdiction juvenile prosecution, the court shall
3.5hold a hearing under section
3.6within 30 days of the filing of the request for designation, unless good cause is shown by
3.7the prosecution or the child as to why the hearing should not be held within this period
3.8in which case the hearing shall be held within 90 days of the filing of the request. If the
3.9prosecutor shows by clear and convincing evidence that designating the proceeding an
3.10extended jurisdiction juvenile prosecution serves public safety, the court shall grant the
3.11request for designation. In determining whether public safety is served, the court shall
3.12consider the factors specified in section
3.13whether to designate the proceeding an extended jurisdiction juvenile prosecution within
3.1415 days after the designation hearing is completed, unless additional time is needed, in
3.15which case the court may extend the period up to another 15 days.
3.16 Subd. 3. Proceedings. A child who is the subject of an extended jurisdiction
3.17juvenile prosecution has the right to a trial by jury and to the effective assistance of
3.18counsel, as described in section
3.19 Subd. 4. Disposition; child age 14 to 17 years. (a) If an extended jurisdiction
3.20juvenile prosecution designated under subdivision 1 results in a guilty plea or finding
3.21of guilt, the court shall:
3.22(1) impose one or more juvenile dispositions under section
3.23(2) impose an adult criminal sentence, the execution of which shall be stayed on
3.24the condition that the offender not violate the provisions of the disposition order and
3.25not commit a new offense.
3.26(b) If a child prosecuted as an extended jurisdiction juvenile after designation by
3.27the prosecutor in the delinquency petition is convicted of an offense after trial that is not
3.28an offense described in subdivision 1, clause (2), the court shall adjudicate the child
3.29delinquent and order a disposition under section
3.30juvenile proceeding results in a guilty plea for an offense not described in subdivision 1,
3.31clause (2), the court may impose a disposition under paragraph (a) if the child consents.
3.32 Subd. 4a. Disposition; child age 13 years. If an extended jurisdiction juvenile
3.33prosecution designated under subdivision 1a results in a guilty plea or finding of guilt,
3.34the court shall:
3.35(1) impose one or more juvenile dispositions under section 260B.198; and
4.1(2) impose an adult criminal sentence, the execution of which shall be stayed on
4.2the condition that the offender not violate the provisions of the disposition order and not
4.3commit a new offense. In imposing an adult criminal sentence, the court may not order
4.4that the child be committed to the custody of the commissioner of corrections in a state
4.5correctional facility for adults.
4.6 Subd. 5. Execution of adult sentence. (a) When it appears that a person convicted
4.7as an extended jurisdiction juvenile has violated the conditions of the stayed sentence,
4.8or is alleged to have committed a new offense, the court may, without notice, revoke the
4.9stay and probation and direct that the offender be taken into immediate custody. The court
4.10shall notify the offender in writing of the reasons alleged to exist for revocation of the
4.11stay of execution of the adult sentence. If the offender challenges the reasons, the court
4.12shall hold a summary hearing on the issue at which the offender is entitled to be heard and
4.13represented by counsel.
4.14(b) If a person described in paragraph (a) is taken into custody, the person may be
4.15detained in a secure juvenile detention facility. If there is no secure juvenile detention
4.16facility or existing acceptable detention alternative available for juveniles within the
4.17county, the child may be detained up to 24 hours, excluding Saturdays, Sundays, and
4.18holidays, or for up to six hours in a standard metropolitan statistical area, in a jail, lockup,
4.19or other facility used for the confinement of adults who have been charged with or
4.20convicted of a crime. In this instance, the person must be confined in quarters separate
4.21from any adult confined in the facility that allow for complete sight and sound separation
4.22for all activities during the period of the detention, and the adult facility must be approved
4.23for the detention of juveniles by the commissioner of corrections.
4.24If the person is 18 years of age or older and is to be detained prior to the revocation
4.25hearing, the person may be detained in a local adult correctional facility without the need
4.26for sight and sound separation.
4.27(c) After the hearing, if the court finds that reasons exist to revoke the stay of
4.28execution of sentence, the court shall treat the offender as an adult and order any of the
4.29adult sanctions authorized by section
4.30be given for time served in juvenile facility custody prior to a summary hearing. If the
4.31offender was convicted of an offense described in subdivision 1, clause (2), and the court
4.32finds that reasons exist to revoke the stay, the court must order execution of the previously
4.33imposed sentence unless the court makes written findings regarding the mitigating factors
4.34that justify continuing the stay.
5.1(d) Upon revocation, the offender's extended jurisdiction status is terminated and
5.2juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction,
5.3other than commitment to the commissioner of corrections, is with the adult court.
5.4 Subd. 6. Inapplicability to certain offenders. This section does not apply to a
5.5child excluded from the definition of delinquent child under section
5.66
5.7EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
5.8offenses committed on or after that date.
5.9 Sec. 4. Minnesota Statutes 2012, section 260B.141, subdivision 4, is amended to read:
5.10 Subd. 4. Delinquency petition; extended jurisdiction juvenile. When a prosecutor
5.11files a delinquency petition alleging that a child committed a felony offense for which
5.12there is a presumptive commitment to prison according to the Sentencing Guidelines
5.13and applicable statutes or in which the child used a firearm, after reaching the age of
5.1416 years, the prosecutor shall indicate in the petition whether the prosecutor designates
5.15the proceeding an extended jurisdiction juvenile prosecution. When a prosecutor files a
5.16delinquency petition alleging that a child aged 13 years committed a violent juvenile offense
5.17or a child aged 14 to 17 years committed a felony offense, the prosecutor may request that
5.18the court designate the proceeding an extended jurisdiction juvenile prosecution.
5.19EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
5.20offenses committed on or after that date.
5.21 Sec. 5. Minnesota Statutes 2012, section 260B.193, subdivision 5, is amended to read:
5.22 Subd. 5. Termination of jurisdiction. (a) The court may dismiss the petition or
5.23otherwise terminate its jurisdiction on its own motion or on the motion or petition of any
5.24interested party at any time. Unless terminated by the court, and except as otherwise
5.25provided in this subdivision, the jurisdiction of the court shall continue until the individual
5.26becomes 19 years of age if the court determines it is in the best interest of the individual
5.27to do so.
5.28(b) The jurisdiction of the court over an extended jurisdiction juvenile, with respect
5.29to the offense for which the individual was convicted as an extended jurisdiction juvenile,
5.30extends until the offender becomes 21 years of age, unless the court terminates jurisdiction
5.31before that date.
6.1(c) The juvenile court has jurisdiction to designate the proceeding an extended
6.2jurisdiction juvenile prosecution, to hold a certification hearing, or to conduct a trial,
6.3receive a plea, or impose a disposition under section
6.4(1) an adult is alleged to have committed an offense before the adult's 18th birthday;
6.5and
6.6(2) a petition is filed under section
6.7under section
6.8The juvenile court lacks jurisdiction under this paragraph if the adult demonstrates that the
6.9delay was purposefully caused by the state in order to gain an unfair advantage.
6.10(d) The district court has original and exclusive jurisdiction over a proceeding:
6.11(1) that involves an adult who is alleged to have committed an offense before the
6.12adult's 18th birthday; and
6.13(2) in which a criminal complaint is filed before expiration of the time for filing
6.14under section
6.15The juvenile court retains jurisdiction if the adult demonstrates that the delay in
6.16filing a criminal complaint was purposefully caused by the state in order to gain an unfair
6.17advantage.
6.18(e) The juvenile court has jurisdiction over a person who has been adjudicated
6.19delinquent, has been found to have committed a delinquent act, or has been charged by
6.20juvenile petition until the person's 21st birthday if the person fails to appear at any juvenile
6.21court hearing or fails to appear at or absconds from any placement under a juvenile court
6.22order. The juvenile court has jurisdiction over a convicted extended jurisdiction juvenile
6.23who fails to appear at any juvenile court hearing or fails to appear at or absconds from any
6.24placement under section
6.25under this paragraph if the adult demonstrates that the delay was purposefully caused by
6.26the state in order to gain an unfair advantage.
6.27EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
6.28offenses committed on or after that date.
6.29 Sec. 6. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to read:
6.30 Subd. 6. Expungement. Except when legal custody is transferred under the
6.31provisions of subdivision 1, clause (4), or a child is adjudicated delinquent for committing
6.32a violent juvenile offense, the court may expunge the adjudication of delinquency at
6.33any time that it deems advisable.
6.34EFFECTIVE DATE.This section is effective August 1, 2013.
7.1 Sec. 7. Minnesota Statutes 2012, section 260B.199, is amended to read:
7.2260B.199 PLACEMENT OF JUVENILE OFFENDERS AT MINNESOTA
7.3CORRECTIONAL FACILITY-RED WING.
7.4 Subdivision 1. Admissions criteria. The admissions criteria for the Minnesota
7.5Correctional Facility-Red Wing shall include a requirement that the county of referral
7.6must have considered all appropriate local or regional placements and have exhausted
7.7potential in-state placements in the geographic region. The court must state on the
7.8record that this effort was made and placements rejected before ordering a placement or
7.9commitment to the Minnesota Correctional Facility-Red Wing. Before a court orders a
7.10disposition under section
7.11determine whether the child meets the established admissions criteria for the Minnesota
7.12Correctional Facility-Red Wing. If the child meets the admissions criteria, the court shall
7.13place the child at the facility and may not place the child in an out-of-state facility, unless
7.14the court makes a finding on the record that the safety of the child or the safety of the
7.15community can be best met by placement in an out-of-state facility or that the out-of-state
7.16facility is located closer to the child's home.
7.17EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
7.18offenses committed on or after that date.
7.19 Sec. 8. Minnesota Statutes 2012, section 260B.201, subdivision 2, is amended to read:
7.20 Subd. 2. When commitment required. (a) A court having jurisdiction over a child
7.21shall commit the child to the custody of the commissioner of corrections or place the child
7.22at the Minnesota Correctional Facility-Red Wing if the child:
7.23(1) was previously adjudicated delinquent or convicted as an extended jurisdiction
7.24juvenile for an offense for which registration under section
7.25(2) was placed on probation for the offense and ordered to complete a sex offender
7.26or chemical dependency treatment program; and
7.27(3) subsequently failed or refused to successfully complete the program.
7.28(b) If the child was initially convicted as an extended jurisdiction juvenile, the
7.29court may execute the child's adult sentence under section
7.30Notwithstanding paragraph (c), if the court does not do this, it shall comply with
7.31paragraph (a).
7.32(c) A court may place a child in an out-of-state facility if the court makes a finding
7.33on the record that the safety of the child or the safety of the community can be best met
8.1by placement in an out-of-state facility or that the out-of-state facility is located closer
8.2to the child's home.
8.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.4offenses committed on or after that date.
8.5 Sec. 9. Minnesota Statutes 2012, section 609.055, is amended to read:
8.6609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.
8.7 Subdivision 1. General rule. Children under the age of
8.8committing crime.
8.9 Subd. 2. Adult prosecution. (a) Except as otherwise provided in
8.10 paragraphs (b)
8.11(1) children of the age of 14 years or over but under 18 years may be prosecuted for
8.12a felony offense if the alleged violation is duly certified for prosecution under the laws and
8.13court procedures controlling adult criminal violations or may be designated an extended
8.14jurisdiction juvenile in accordance with the provisions of chapter 260B; and
8.15(2) children of the age of 13 years may be designated as an extended jurisdiction
8.16juvenile in accordance with the provisions of chapter 260B for a violent juvenile offense,
8.17as defined in section 260B.007, subdivision 21.
8.18(b) A child who is 16 years of age or older but under 18 years of age is capable of
8.19committing a crime and may be prosecuted for a felony if:
8.20(1) the child has been previously certified on a felony charge pursuant to a hearing
8.21under section
8.22hearing, or prosecuted pursuant to this subdivision; and
8.23(2) the child was convicted of the felony offense or offenses for which the child was
8.24prosecuted or of a lesser included felony offense.
8.25
8.26becoming 16 years of age is capable of committing a crime and may be prosecuted for
8.27the felony. This paragraph does not apply to a child alleged to have committed attempted
8.28murder in the first degree after becoming 16 years of age.
8.29EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
8.30offenses committed on or after that date.
