Bill Text: MN SF1441 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Juvenile delinquency case continuance without adjudication time period and renewals extension; juvenile diversion programs scope expansion
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-12 - Second reading [SF1441 Detail]
Download: Minnesota-2013-SF1441-Engrossed.html
1.2relating to public safety; extending the time period and renewals allowed for a
1.3continuance without adjudication in a juvenile delinquency case; expanding
1.4the scope of juvenile diversion programs;amending Minnesota Statutes 2012,
1.5sections 260B.198, subdivision 7; 388.24, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to
1.8read:
1.9 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and
1.10not inimical to public safety and when the child has admitted the allegations contained in
1.11the petition before the judge or referee, or when a hearing has been held as provided for in
1.12section260B.163 and the allegations contained in the petition have been duly proven but,
1.13in either case, before a finding of delinquency has been entered, the court may continue
1.14the case for a period not to exceed90 180 days on any one order. Such a continuance may
1.15be extended for one additional successive period not to exceed 90 days and only after the
1.16court has reviewed the case and entered its order for an additional continuance without a
1.17finding of delinquency. The continuance may be extended for one additional successive
1.18period not to exceed 180 days, but only with the consent of the prosecutor and only after
1.19the court has reviewed the case and entered its order for the additional continuance
1.20without a finding of delinquency. Duringthis a continuance the court may enter an order
1.21in accordance with the provisions of subdivision 1,clause (1) or (2) except clause (4), or
1.22enter an order to hold the child in detention for a period not to exceed 15 days on any one
1.23order for the purpose of completing any consideration, or any investigation or examination
1.24ordered in accordance with the provisions of section260B.157 .
2.1(b) A prosecutor may appeal a continuance ordered in contravention of this
2.2subdivision. This subdivision does not extend the court's jurisdiction under section
2.3260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
2.4EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.5offenses committed on or after that date.
2.6 Sec. 2. Minnesota Statutes 2012, section 388.24, subdivision 1, is amended to read:
2.7 Subdivision 1. Definition. As used in this section:
2.8(1) a child under the jurisdiction of the juvenile court is an "offender" if:
2.9(i) the child is petitioned for, or probable cause exists to petition or take the child into
2.10custody for, a felony, gross misdemeanor,or misdemeanor, petty misdemeanor, juvenile
2.11petty, or juvenile traffic offense, other than an offense against the person, but has not yet
2.12entered a plea in the proceedings;
2.13(ii) the child has not previously been adjudicated in Minnesota or any other state for
2.14any offense against the person; and
2.15(iii) the child has not previously been petitioned for an offense in Minnesota and
2.16then had the petition dismissed as part of a diversion program, including a program that
2.17existed before July 1, 1995; and
2.18(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a
2.19diversion program on condition that the delinquency petition against the offender will be
2.20dismissed or the petition will not be filed after a specified period of time if the offender
2.21successfully completes the program.
1.3continuance without adjudication in a juvenile delinquency case; expanding
1.4the scope of juvenile diversion programs;amending Minnesota Statutes 2012,
1.5sections 260B.198, subdivision 7; 388.24, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to
1.8read:
1.9 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and
1.10not inimical to public safety and when the child has admitted the allegations contained in
1.11the petition before the judge or referee, or when a hearing has been held as provided for in
1.12section
1.13in either case, before a finding of delinquency has been entered, the court may continue
1.14the case for a period not to exceed
1.15
1.16
1.17
1.18period not to exceed 180 days, but only with the consent of the prosecutor and only after
1.19the court has reviewed the case and entered its order for the additional continuance
1.20without a finding of delinquency. During
1.21in accordance with the provisions of subdivision 1,
1.22enter an order to hold the child in detention for a period not to exceed 15 days on any one
1.23order for the purpose of completing any consideration, or any investigation or examination
1.24ordered in accordance with the provisions of section
2.1(b) A prosecutor may appeal a continuance ordered in contravention of this
2.2subdivision. This subdivision does not extend the court's jurisdiction under section
2.3260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
2.4EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.5offenses committed on or after that date.
2.6 Sec. 2. Minnesota Statutes 2012, section 388.24, subdivision 1, is amended to read:
2.7 Subdivision 1. Definition. As used in this section:
2.8(1) a child under the jurisdiction of the juvenile court is an "offender" if:
2.9(i) the child is petitioned for, or probable cause exists to petition or take the child into
2.10custody for, a felony, gross misdemeanor,
2.11petty, or juvenile traffic offense, other than an offense against the person, but has not yet
2.12entered a plea in the proceedings;
2.13(ii) the child has not previously been adjudicated in Minnesota or any other state for
2.14any offense against the person; and
2.15(iii) the child has not previously been petitioned for an offense in Minnesota and
2.16then had the petition dismissed as part of a diversion program, including a program that
2.17existed before July 1, 1995; and
2.18(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a
2.19diversion program on condition that the delinquency petition against the offender will be
2.20dismissed or the petition will not be filed after a specified period of time if the offender
2.21successfully completes the program.
