Bill Text: MN HF642 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Child certified as an adult provided to be detained in a juvenile facility prior to trial and verdict.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Engrossed - Dead) 2011-05-18 - Second reading [HF642 Detail]
Download: Minnesota-2011-HF642-Engrossed.html
1.2relating to public safety; providing for a child certified as an adult to be detained
1.3in a juvenile facility prior to trial and verdict;amending Minnesota Statutes
1.42010, section 260B.125, subdivision 8.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 260B.125, subdivision 8, is amended to
1.7read:
1.8 Subd. 8. Written findings; options. (a) The court shall decide whether to order
1.9certification within 15 days after the certification hearing was completed, unless additional
1.10time is needed, in which case the court may extend the period up to another 15 days. If
1.11the juvenile court orders certification, and the presumption described in subdivision 3
1.12does not apply, the order shall contain in writing, findings of fact and conclusions of law
1.13as to why public safety is not served by retaining the proceeding in the juvenile court.
1.14A child certified under this paragraph may be detained pending the outcome of criminal
1.15proceedings in a secure juvenile detention facility.
1.16(b) If the juvenile court, after a hearing conducted pursuant to subdivision 2, decides
1.17not to order certification, the decision shall contain, in writing, findings of fact and
1.18conclusions of law as to why certification is not ordered. If the juvenile court decides not
1.19to order certification in a case in which the presumption described in subdivision 3 applies,
1.20the court shall designate the proceeding an extended jurisdiction juvenile prosecution
1.21and include in its decision written findings of fact and conclusions of law as to why the
1.22retention of the proceeding in juvenile court serves public safety, with specific reference
1.23to the factors listed in subdivision 4. If the court decides not to order certification in a
1.24case in which the presumption described in subdivision 3 does not apply, the court may
2.1designate the proceeding an extended jurisdiction juvenile prosecution, pursuant to the
2.2hearing process described in section260B.130, subdivision 2 .
1.3in a juvenile facility prior to trial and verdict;amending Minnesota Statutes
1.42010, section 260B.125, subdivision 8.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 260B.125, subdivision 8, is amended to
1.7read:
1.8 Subd. 8. Written findings; options. (a) The court shall decide whether to order
1.9certification within 15 days after the certification hearing was completed, unless additional
1.10time is needed, in which case the court may extend the period up to another 15 days. If
1.11the juvenile court orders certification, and the presumption described in subdivision 3
1.12does not apply, the order shall contain in writing, findings of fact and conclusions of law
1.13as to why public safety is not served by retaining the proceeding in the juvenile court.
1.14A child certified under this paragraph may be detained pending the outcome of criminal
1.15proceedings in a secure juvenile detention facility.
1.16(b) If the juvenile court, after a hearing conducted pursuant to subdivision 2, decides
1.17not to order certification, the decision shall contain, in writing, findings of fact and
1.18conclusions of law as to why certification is not ordered. If the juvenile court decides not
1.19to order certification in a case in which the presumption described in subdivision 3 applies,
1.20the court shall designate the proceeding an extended jurisdiction juvenile prosecution
1.21and include in its decision written findings of fact and conclusions of law as to why the
1.22retention of the proceeding in juvenile court serves public safety, with specific reference
1.23to the factors listed in subdivision 4. If the court decides not to order certification in a
1.24case in which the presumption described in subdivision 3 does not apply, the court may
2.1designate the proceeding an extended jurisdiction juvenile prosecution, pursuant to the
2.2hearing process described in section
