Bill Text: MN SF2273 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Juvenile justice provisions and modifications and appropriation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-12 - Second reading [SF2273 Detail]
Download: Minnesota-2013-SF2273-Engrossed.html
1.2relating to juvenile justice; addressing numerous issues relating to juveniles
1.3including detention, noncustodial supervision, risk assessments, continuances,
1.4diversion, life without release sentences, predatory offender registration, and
1.5expungement; appropriating money;amending Minnesota Statutes 2012, sections
1.6243.166, subdivision 2; 244.05, subdivisions 4, 5; 260B.198, subdivisions 6, 7;
1.7332.70, by adding a subdivision; 388.24, subdivision 1; 609.106, subdivision
1.82, by adding a subdivision; 609.3455, subdivision 2; Minnesota Statutes 2013
1.9Supplement, section 243.166, subdivisions 1b, 6; proposing coding for new law
1.10in Minnesota Statutes, chapter 260B.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. CONSULTATIONS ON CERTAIN ISSUES.
1.16(a) Representatives of public safety officials, court officials, county attorneys,
1.17juvenile justice advocates, corrections officials, probation officials, and other interested
1.18parties shall meet and confer regarding issues related to risk assessment instruments and
1.19their use to determine juvenile detention and noncustodial supervision.
1.20(b) The parties shall provide a written report of their recommendations by November
1.2115, 2014, to the chairs of the house of representatives and senate committees having
1.22jurisdiction over criminal justice legislation.
1.23EFFECTIVE DATE.This section is effective the day following final enactment.
2.3 Section 1. [260B.1755] LAW ENFORCEMENT DIVERSION OF NONVIOLENT
2.4JUVENILE OFFENDERS AUTHORIZED.
2.5(a) A peace officer may refer a child that the officer has the lawful authority to arrest
2.6or has arrested to a diversion program that the law enforcement agency with jurisdiction
2.7over the child deems appropriate.
2.8(b) This section applies only to nonviolent offenses and does not apply to peace
2.9officers acting pursuant to an order or warrant described in section 260B.175, subdivision
2.101, paragraph (a), or other court order to take a child into custody.
2.11(c) A diversion program authorized by this section may defer prosecution of
2.12juvenile offenders who agree to complete appropriate conditions. Upon completion of the
2.13conditions, the charge shall be dismissed. Both petty offenders and delinquents may be
2.14diverted.
2.15 Sec. 2. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to read:
2.16 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and
2.17not inimical to public safety and when the child has admitted the allegations contained in
2.18the petition before the judge or referee, or when a hearing has been held as provided for in
2.19section260B.163 and the allegations contained in the petition have been duly proven but,
2.20in either case, before a finding of delinquency has been entered, the court may continue
2.21the case for a period not to exceed90 180 days on any one order. Such a continuance may
2.22be extended for one additional successive period not to exceed 90 days and only after the
2.23court has reviewed the case and entered its order for an additional continuance without a
2.24finding of delinquency. The continuance may be extended for one additional successive
2.25period not to exceed 180 days, but only with the consent of the prosecutor and only after
2.26the court has reviewed the case and entered its order for the additional continuance
2.27without a finding of delinquency. Duringthis a continuance the court may enter an order
2.28in accordance with the provisions of subdivision 1,clause (1) or (2) except clause (4), or
2.29enter an order to hold the child in detention for a period not to exceed 15 days on any one
2.30order for the purpose of completing any consideration, or any investigation or examination
2.31ordered in accordance with the provisions of section260B.157 .
2.32(b) A prosecutor may appeal a continuance ordered in contravention of this
2.33subdivision. This subdivision does not extend the court's jurisdiction under section
2.34260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
3.1EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.2offenses committed on or after that date.
3.3 Sec. 3. Minnesota Statutes 2012, section 388.24, subdivision 1, is amended to read:
3.4 Subdivision 1. Definition. As used in this section:
3.5(1) a child under the jurisdiction of the juvenile court is an "offender" if:
3.6(i) the child is petitioned for, or probable cause exists to petition or take the child into
3.7custody for, a felony, gross misdemeanor,or misdemeanor, petty misdemeanor, juvenile
3.8petty, or juvenile traffic offense, other than an offense against the person, but has not yet
3.9entered a plea in the proceedings;
3.10(ii) the child has not previously been adjudicated in Minnesota or any other state for
3.11any offense against the person; and
3.12(iii) the child has not previously been petitioned for an offense in Minnesota and
3.13then had the petition dismissed as part of a diversion program, including a program that
3.14existed before July 1, 1995; and
3.15(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a
3.16diversion program on condition that the delinquency petition against the offender will be
3.17dismissed or the petition will not be filed after a specified period of time if the offender
3.18successfully completes the program.
3.21 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to
3.22read:
3.23 Subd. 6. Expungement.Except when legal custody is transferred under the
3.24provisions of subdivision 1, clause (4), (a) The court may expunge the adjudication of
3.25 all records relating to the arrest and delinquency proceedings at any timethat it deems
3.26advisable if the court determines that expungement of the record would yield a benefit
3.27to the subject of the record that outweighs the detriment to the public and public safety
3.28in sealing the record and the burden on the court and public agencies or jurisdictions in
3.29issuing, enforcing, and monitoring the order.
3.30(b) In making a determination under this subdivision, the court shall consider:
3.31(1) the age, education, experience, and background, including mental and emotional
3.32development, of the subject of the record at the time of commission of the offense;
3.33(2) the circumstances and nature and severity of the offense, including any
3.34aggravating or mitigating factors in the commission of the offense;
4.1(3) victim and community impact, including age and vulnerability of the victim;
4.2(4) the level of participation of the subject of the record in the planning and carrying
4.3out of the offense, including familial or peer influence in the commission of the offense;
4.4(5) the juvenile delinquency and criminal history of the subject of the record;
4.5(6) the programming history of the subject of the record, including child welfare,
4.6school and community-based, and probation interventions, and the subject's willingness to
4.7participate meaningfully in programming, probation, or both;
4.8(7) any other aggravating or mitigating circumstance bearing on the culpability or
4.9potential for rehabilitation of the subject of the record; and
4.10(8) the benefit that expungement would yield to the subject of the record in pursuing
4.11education, employment, housing, or other necessities.
4.12(c) Notwithstanding paragraph (a), a record that is expunged under this subdivision
4.13may be opened or exchanged between criminal justice agencies in the same manner as a
4.14criminal record under section 609A.03, subdivision 7, paragraph (b).
4.15(d) Section 609A.03, subdivision 9, applies to an appeal of an order under this
4.16subdivision.
4.17 Sec. 2. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
4.18to read:
4.19 Subd. 3a. Deletion of expunged records. If a business screening service knows that
4.20a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
4.21service shall promptly delete the record.
4.24 Section 1. Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:
4.25 Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
4.26mandatory life sentence under section609.106 , subdivision 2, or
609.3455, subdivision 2 ,
4.27paragraph (a), must not be given supervised release under this section.
4.28(b) Except as provided in paragraph (f), an inmate serving a mandatory life sentence
4.29under section609.185 , clause (3), (5), or (6); or
Minnesota Statutes 2004, section 609.109,
4.30subdivision 3 , must not be given supervised release under this section without having
4.31served a minimum term of 30 years.
4.32(c) An inmate serving a mandatory life sentence under section609.385 must not
4.33be given supervised release under this section without having served a minimum term of
4.34imprisonment of 17 years.
5.1(d) An inmate serving a mandatory life sentence under section609.3455, subdivision
5.23 or 4, must not be given supervised release under this section without having served the
5.3minimum term of imprisonment specified by the court in its sentence.
5.4(e) An inmate serving a mandatory life sentence under section 609.106, subdivision
5.53, or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under
5.6this section without having served a minimum term of imprisonment of 20 years.
5.7(f) An inmate serving a mandatory life sentence for a crime described in paragraph
5.8(b) who was under 18 years of age at the time of the commission of the offense requiring
5.9the life sentence, and who was certified under section 260B.125 or designated an extended
5.10jurisdiction juvenile under section 260B.130, must not be given supervised release under
5.11this section without having served a minimum term of imprisonment of 20 years.
5.12 Sec. 2. Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:
5.13 Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
5.14may, under rules promulgated by the commissioner, give supervised release to an inmate
5.15serving a mandatory life sentence under section609.185 , clause (3), (5), or (6); 609.106,
5.16subdivision 3;609.3455, subdivision 2, paragraph (c), 3, or 4;
609.385; or Minnesota
5.17Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
5.18term of imprisonment specified in subdivision 4.
5.19(b) The commissioner shall require the preparation of a community investigation
5.20report and shall consider the findings of the report when making a supervised release
5.21decision under this subdivision. The report shall reflect the sentiment of the various
5.22elements of the community toward the inmate, both at the time of the offense and at the
5.23present time. The report shall include the views of the sentencing judge, the prosecutor,
5.24any law enforcement personnel who may have been involved in the case, and any
5.25successors to these individuals who may have information relevant to the supervised
5.26release decision. The report shall also include the views of the victim and the victim's
5.27family unless the victim or the victim's family chooses not to participate.
5.28(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
5.29of the time and place of the inmate's supervised release review hearing. The victim has
5.30a right to submit an oral or written statement at the review hearing. The statement may
5.31summarize the harm suffered by the victim as a result of the crime and give the victim's
5.32recommendation on whether the inmate should be given supervised release at this time.
5.33The commissioner must consider the victim's statement when making the supervised
5.34release decision.
6.1(d) When considering whether to give supervised release to an inmate serving a life
6.2sentence under section609.3455, subdivision 3 or 4, the commissioner shall consider, at
6.3a minimum, the following: the risk the inmate poses to the community if released, the
6.4inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
6.5or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
6.6other relevant conduct of the inmate while incarcerated or before incarceration. The
6.7commissioner may not give supervised release to the inmate unless:
6.8(1) while in prison:
6.9(i) the inmate has successfully completed appropriate sex offender treatment;
6.10(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
6.11has successfully completed chemical dependency treatment; and
6.12(iii) the inmate has been assessed for mental health needs and, if appropriate, has
6.13successfully completed mental health treatment; and
6.14(2) a comprehensive individual release plan is in place for the inmate that ensures
6.15that, after release, the inmate will have suitable housing and receive appropriate aftercare
6.16and community-based treatment. The comprehensive plan also must include a postprison
6.17employment or education plan for the inmate.
6.18(e) As used in this subdivision, "victim" means the individual who suffered harm as
6.19a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
6.20spouse or next of kin.
6.21 Sec. 3. Minnesota Statutes 2012, section 609.106, subdivision 2, is amended to read:
6.22 Subd. 2. Life without release. Except as provided in subdivision 3, the court shall
6.23sentence a person to life imprisonment without possibility of release under the following
6.24circumstances:
6.25(1) the person is convicted of first-degree murder under section609.185, paragraph
6.26(a) , clause (1), (2), (4), or (7);
6.27(2) the person is convicted of committing first-degree murder in the course of a
6.28kidnapping under section609.185 , clause (3); or
6.29(3) the person is convicted of first-degree murder under section609.185 , clause (3),
6.30(5), or (6), and the court determines on the record at the time of sentencing that the person
6.31has one or more previous convictions for a heinous crime.
6.32 Sec. 4. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
6.33to read:
7.1 Subd. 3. Offender under age 18; life imprisonment with possibility of release. If
7.2the defendant was under 18 years of age at the time of the commission of an offense that
7.3would require a life without release sentence under subdivision 2, and the child has been
7.4certified under section 260B.125 or designated an extended jurisdiction juvenile under
7.5section 260B.130, the court shall sentence the defendant to imprisonment for life.
7.6 Sec. 5. Minnesota Statutes 2012, section 609.3455, subdivision 2, is amended to read:
7.7 Subd. 2. Mandatory life sentence without release; egregious first-time and
7.8repeat offenders. (a) Except as provided in paragraph (c), notwithstanding the statutory
7.9maximum penalty otherwise applicable to the offense, the court shall sentence a person
7.10convicted under section609.342, subdivision 1 , paragraph (c), (d), (e), (f), or (h); or
7.11609.343, subdivision 1
, paragraph (c), (d), (e), (f), or (h), to life without the possibility of
7.12release if:
7.13(1) the fact finder determines that two or more heinous elements exist; or
7.14(2) the person has a previous sex offense conviction for a violation of section
7.15609.342
,
609.343 , or
609.344 , and the fact finder determines that a heinous element exists
7.16for the present offense.
7.17(b) A fact finder may not consider a heinous element if it is an element of the
7.18underlying specified violation of section609.342 or
609.343 . In addition, when
7.19determining whether two or more heinous elements exist, the fact finder may not use the
7.20same underlying facts to support a determination that more than one element exists.
7.21(c) If the defendant was under 18 years of age at the time of the commission of an
7.22offense that would require a life without release sentence under paragraph (a), and the child
7.23has been certified under section 260B.125 or designated an extended jurisdiction juvenile
7.24under section 260B.130, the court shall sentence the defendant to imprisonment for life.
7.25 Sec. 6. EFFECTIVE DATE; RETROACTIVITY.
7.26Sections 1 to 5 are effective the day following final enactment and apply to offenders
7.27sentenced on or after that date, and also retroactively to offenders sentenced to life without
7.28release sentenced before that date.
7.31 Section 1. Minnesota Statutes 2013 Supplement, section 243.166, subdivision 1b,
7.32is amended to read:
8.1 Subd. 1b. Registration required. (a) A person shall register under this section if
8.2 the person is an adult or a child certified under section 260B.125 and:
8.3(1) the person was charged withor petitioned for a felony violation of or attempt to
8.4violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
8.5ofor adjudicated delinquent for that offense or another offense arising out of the same
8.6set of circumstances:
8.7(i) murder under section609.185 , paragraph (a), clause (2);
8.8(ii) kidnapping under section609.25 ;
8.9(iii) criminal sexual conduct under section609.342 ;
609.343 ;
609.344 ;
609.345 ;
8.10609.3451, subdivision 3
; or
609.3453 ; or
8.11(iv) indecent exposure under section617.23, subdivision 3 ;
8.12(2) the person was charged withor petitioned for a violation of, or attempt to
8.13violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
8.14609.2325, subdivision 1
, paragraph (b), false imprisonment in violation of section
8.15609.255, subdivision 2
; soliciting a minor to engage in prostitution in violation of section
8.16609.322
or
609.324 ; soliciting a minor to engage in sexual conduct in violation of
8.17section609.352 ; using a minor in a sexual performance in violation of section
617.246 ;
8.18or possessing pornographic work involving a minor in violation of section617.247 , and
8.19convicted ofor adjudicated delinquent for that offense or another offense arising out
8.20of the same set of circumstances;
8.21(3) the person was sentenced as a patterned sex offender under section609.3455,
8.22subdivision 3a ; or
8.23(4) the person was convicted of or adjudicated delinquent for, including pursuant
8.24to a court martial, violating a law of the United States, including the Uniform Code of
8.25Military Justice, similar to the offenses described in clause (1), (2), or (3).
8.26(b) A person also shall register under this section if the person is an adult or a child
8.27certified under section 260B.125 and:
8.28(1) the person was convictedof or adjudicated delinquent in another state for an
8.29offense that would be a violation of a law described in paragraph (a) if committed in
8.30this state;
8.31(2) the person enters this state to reside, work, or attend school, or enters this state
8.32and remains for 14 days or longer; and
8.33(3) ten years have not elapsed since the person was released from confinement
8.34or, if the person was not confined, since the person was convicted ofor adjudicated
8.35delinquent for the offense that triggers registration, unless the person is subject to a longer
9.1registration period under the laws of another state in which the person has been convicted
9.2or adjudicated, or is subject to lifetime registration.
9.3If a person described in this paragraph is subject to a longer registration period
9.4in another state or is subject to lifetime registration, the person shall register for that
9.5time period regardless of when the person was released from confinement, convicted, or
9.6adjudicated delinquent.
9.7(c) A person also shall register under this section if the person is an adult or a child
9.8certified under section 260B.125 and was committed pursuant to a court commitment order
9.9under chapter 253D or Minnesota Statutes 1992, section526.10 , or a similar law of another
9.10state or the United States, regardless of whether the person was convicted of any offense.
9.11(d) A person also shall register under this section if the person is an adult or a child
9.12certified under section 260B.125 and:
9.13(1) the person was charged withor petitioned for a felony violation or attempt to
9.14violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
9.15state or the United States, or the person was charged withor petitioned for a violation of
9.16any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
9.17the United States;
9.18(2) the person was found not guilty by reason of mental illness or mental deficiency
9.19after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
9.20states with a guilty but mentally ill verdict; and
9.21(3) the person was committed pursuant to a court commitment order under section
9.22253B.18
or a similar law of another state or the United States.
9.23(e) A child who is not certified under section 260B.125 shall register under this
9.24section if:
9.25(1) the child was 14 years of age or older when the child committed any of the
9.26offenses under paragraph (a) or a similar law of another state or the United States;
9.27(2) the child was adjudicated delinquent or convicted as an extended jurisdiction
9.28juvenile of any of the offenses requiring registration under this subdivision;
9.29(3) the court, in its discretion and upon motion of the prosecuting attorney, finds that
9.30the circumstances of the offense require the child to register; and
9.31(4) the court considers the following factors when determining whether the child
9.32should register:
9.33(i) the degree to which the child used force, threat, or intimidation in committing
9.34the offense;
9.35(ii) impact on the victim;
9.36(iii) age and maturity of the child;
10.1(iv) the difference in age of the victim and child;
10.2(v) the child's history of delinquency; and
10.3(vi) any other aggravating or mitigating factor that the court determines relevant
10.4to the particular case which may include any or all of the following: compliance on
10.5probation, progress in treatment, and risk assessments and evaluations.
10.6The prosecuting attorney may file a motion for registration at any time during
10.7which the juvenile is within the jurisdiction of the court for the offense that is the basis
10.8for the motion.
10.9 Sec. 2. Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:
10.10 Subd. 2. Notice. When a person who is required to register under subdivision 1b,
10.11paragraph paragraphs (a) and (e), is sentenced or becomes subject to a juvenile court
10.12disposition order, the court shall tell the person of the duty to register under this section
10.13and that, if the person fails to comply with the registration requirements, information
10.14about the offender may be made available to the public through electronic, computerized,
10.15or other accessible means. The court may not modify the person's duty to register in the
10.16pronounced sentence or disposition order. The court shall require the person to read and
10.17sign a form stating that the duty of the person to register under this section has been
10.18explained. The court shall forward the signed sex offender registration form, the complaint,
10.19and sentencing documents to the bureau. If a person required to register under subdivision
10.201b, paragraph (a) or (e), was not notified by the court of the registration requirement at the
10.21time of sentencing or disposition, the assigned corrections agent shall notify the person
10.22of the requirements of this section. When a person who is required to register under
10.23subdivision 1b, paragraph (c) or (d), is released from commitment, the treatment facility
10.24shall notify the person of the requirements of this section. The treatment facility shall also
10.25obtain the registration information required under this section and forward it to the bureau.
10.26 Sec. 3. Minnesota Statutes 2013 Supplement, section 243.166, subdivision 6, is
10.27amended to read:
10.28 Subd. 6. Registration period. (a) Notwithstanding the provisions of section
10.29609.165, subdivision 1
, and except as provided in paragraphs (b), (c), and (d), a person
10.30required to register under this section shall continue to comply with this section until ten
10.31years have elapsed since the person initially registered in connection with the offense, or
10.32until the probation, supervised release, or conditional release period expires, whichever
10.33occurs later. For a person required to register under this section who is committed under
11.1section253B.18 or chapter 253D, the ten-year registration period does not include the
11.2period of commitment.
11.3(b) If a person required to register under this section fails to provide the person's
11.4primary address as required by subdivision 3, paragraph (b), fails to comply with the
11.5requirements of subdivision 3a, fails to provide information as required by subdivision
11.64a, or fails to return the verification form referenced in subdivision 4 within ten days,
11.7the commissioner of public safety may require the person to continue to register for an
11.8additional period of five years. This five-year period is added to the end of the offender's
11.9registration period.
11.10(c) If a person required to register under this section is subsequently incarcerated
11.11following a conviction for a new offense or following a revocation of probation, supervised
11.12release, or conditional release for any offense, the person shall continue to register until ten
11.13years have elapsed since the person was last released from incarceration or until the person's
11.14probation, supervised release, or conditional release period expires, whichever occurs later.
11.15(d) A person shall continue to comply with this section for the life of that person:
11.16(1) if the person is convicted ofor adjudicated delinquent for any offense for which
11.17registration is required under subdivision 1b, or convicted of or adjudicated delinquent for
11.18any offense from another state or any federal offense similar to the offenses described in
11.19subdivision 1b, and the person has a prior conviction or adjudication for an offense for
11.20which registration was or would have been required under subdivision 1b, or an offense
11.21from another state or a federal offense similar to an offense described in subdivision 1b;
11.22(2) if the person is required to register based upon a convictionor delinquency
11.23adjudication for an offense under section
609.185 , paragraph (a), clause (2), or convicted
11.24of or adjudicated delinquent for a similar statute from another state or the United States;
11.25(3) if the person is required to register based upon a conviction for an offense under
11.26section609.342, subdivision 1 , paragraph (a), (c), (d), (e), (f), or (h);
609.343, subdivision
11.271 , paragraph (a), (c), (d), (e), (f), or (h);
609.344, subdivision 1 , paragraph (a), (c), or
11.28(g); or609.345, subdivision 1 , paragraph (a), (c), or (g); or convicted of or adjudicated
11.29delinquent for a statute from another state or the United States similar to the offenses
11.30described in this clause; or
11.31(4) if the person is required to register under subdivision 1b, paragraph (c), following
11.32commitment pursuant to a court commitment under chapter 253D or a similar law of
11.33another state or the United States.
11.34(e) A person described in subdivision 1b, paragraph (b), who is required to register
11.35under the laws of a state in which the person has been previously convicted or adjudicated
12.1delinquent, shall register under this section for the time period required by the state of
12.2conviction or adjudication unless a longer time period is required elsewhere in this section.
1.3including detention, noncustodial supervision, risk assessments, continuances,
1.4diversion, life without release sentences, predatory offender registration, and
1.5expungement; appropriating money;amending Minnesota Statutes 2012, sections
1.6243.166, subdivision 2; 244.05, subdivisions 4, 5; 260B.198, subdivisions 6, 7;
1.7332.70, by adding a subdivision; 388.24, subdivision 1; 609.106, subdivision
1.82, by adding a subdivision; 609.3455, subdivision 2; Minnesota Statutes 2013
1.9Supplement, section 243.166, subdivisions 1b, 6; proposing coding for new law
1.10in Minnesota Statutes, chapter 260B.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. CONSULTATIONS ON CERTAIN ISSUES.
1.16(a) Representatives of public safety officials, court officials, county attorneys,
1.17juvenile justice advocates, corrections officials, probation officials, and other interested
1.18parties shall meet and confer regarding issues related to risk assessment instruments and
1.19their use to determine juvenile detention and noncustodial supervision.
1.20(b) The parties shall provide a written report of their recommendations by November
1.2115, 2014, to the chairs of the house of representatives and senate committees having
1.22jurisdiction over criminal justice legislation.
1.23EFFECTIVE DATE.This section is effective the day following final enactment.
2.3 Section 1. [260B.1755] LAW ENFORCEMENT DIVERSION OF NONVIOLENT
2.4JUVENILE OFFENDERS AUTHORIZED.
2.5(a) A peace officer may refer a child that the officer has the lawful authority to arrest
2.6or has arrested to a diversion program that the law enforcement agency with jurisdiction
2.7over the child deems appropriate.
2.8(b) This section applies only to nonviolent offenses and does not apply to peace
2.9officers acting pursuant to an order or warrant described in section 260B.175, subdivision
2.101, paragraph (a), or other court order to take a child into custody.
2.11(c) A diversion program authorized by this section may defer prosecution of
2.12juvenile offenders who agree to complete appropriate conditions. Upon completion of the
2.13conditions, the charge shall be dismissed. Both petty offenders and delinquents may be
2.14diverted.
2.15 Sec. 2. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to read:
2.16 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and
2.17not inimical to public safety and when the child has admitted the allegations contained in
2.18the petition before the judge or referee, or when a hearing has been held as provided for in
2.19section
2.20in either case, before a finding of delinquency has been entered, the court may continue
2.21the case for a period not to exceed
2.22
2.23
2.24
2.25period not to exceed 180 days, but only with the consent of the prosecutor and only after
2.26the court has reviewed the case and entered its order for the additional continuance
2.27without a finding of delinquency. During
2.28in accordance with the provisions of subdivision 1,
2.29enter an order to hold the child in detention for a period not to exceed 15 days on any one
2.30order for the purpose of completing any consideration, or any investigation or examination
2.31ordered in accordance with the provisions of section
2.32(b) A prosecutor may appeal a continuance ordered in contravention of this
2.33subdivision. This subdivision does not extend the court's jurisdiction under section
2.34260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
3.1EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.2offenses committed on or after that date.
3.3 Sec. 3. Minnesota Statutes 2012, section 388.24, subdivision 1, is amended to read:
3.4 Subdivision 1. Definition. As used in this section:
3.5(1) a child under the jurisdiction of the juvenile court is an "offender" if:
3.6(i) the child is petitioned for, or probable cause exists to petition or take the child into
3.7custody for, a felony, gross misdemeanor,
3.8petty, or juvenile traffic offense, other than an offense against the person, but has not yet
3.9entered a plea in the proceedings;
3.10(ii) the child has not previously been adjudicated in Minnesota or any other state for
3.11any offense against the person; and
3.12(iii) the child has not previously been petitioned for an offense in Minnesota and
3.13then had the petition dismissed as part of a diversion program, including a program that
3.14existed before July 1, 1995; and
3.15(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a
3.16diversion program on condition that the delinquency petition against the offender will be
3.17dismissed or the petition will not be filed after a specified period of time if the offender
3.18successfully completes the program.
3.21 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to
3.22read:
3.23 Subd. 6. Expungement.
3.24
3.25 all records relating to the arrest and delinquency proceedings at any time
3.26
3.27to the subject of the record that outweighs the detriment to the public and public safety
3.28in sealing the record and the burden on the court and public agencies or jurisdictions in
3.29issuing, enforcing, and monitoring the order.
3.30(b) In making a determination under this subdivision, the court shall consider:
3.31(1) the age, education, experience, and background, including mental and emotional
3.32development, of the subject of the record at the time of commission of the offense;
3.33(2) the circumstances and nature and severity of the offense, including any
3.34aggravating or mitigating factors in the commission of the offense;
4.1(3) victim and community impact, including age and vulnerability of the victim;
4.2(4) the level of participation of the subject of the record in the planning and carrying
4.3out of the offense, including familial or peer influence in the commission of the offense;
4.4(5) the juvenile delinquency and criminal history of the subject of the record;
4.5(6) the programming history of the subject of the record, including child welfare,
4.6school and community-based, and probation interventions, and the subject's willingness to
4.7participate meaningfully in programming, probation, or both;
4.8(7) any other aggravating or mitigating circumstance bearing on the culpability or
4.9potential for rehabilitation of the subject of the record; and
4.10(8) the benefit that expungement would yield to the subject of the record in pursuing
4.11education, employment, housing, or other necessities.
4.12(c) Notwithstanding paragraph (a), a record that is expunged under this subdivision
4.13may be opened or exchanged between criminal justice agencies in the same manner as a
4.14criminal record under section 609A.03, subdivision 7, paragraph (b).
4.15(d) Section 609A.03, subdivision 9, applies to an appeal of an order under this
4.16subdivision.
4.17 Sec. 2. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
4.18to read:
4.19 Subd. 3a. Deletion of expunged records. If a business screening service knows that
4.20a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
4.21service shall promptly delete the record.
4.24 Section 1. Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:
4.25 Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
4.26mandatory life sentence under section
4.27paragraph (a), must not be given supervised release under this section.
4.28(b) Except as provided in paragraph (f), an inmate serving a mandatory life sentence
4.29under section
4.30subdivision 3
4.31served a minimum term of 30 years.
4.32(c) An inmate serving a mandatory life sentence under section
4.33be given supervised release under this section without having served a minimum term of
4.34imprisonment of 17 years.
5.1(d) An inmate serving a mandatory life sentence under section
5.23
5.3minimum term of imprisonment specified by the court in its sentence.
5.4(e) An inmate serving a mandatory life sentence under section 609.106, subdivision
5.53, or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under
5.6this section without having served a minimum term of imprisonment of 20 years.
5.7(f) An inmate serving a mandatory life sentence for a crime described in paragraph
5.8(b) who was under 18 years of age at the time of the commission of the offense requiring
5.9the life sentence, and who was certified under section 260B.125 or designated an extended
5.10jurisdiction juvenile under section 260B.130, must not be given supervised release under
5.11this section without having served a minimum term of imprisonment of 20 years.
5.12 Sec. 2. Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:
5.13 Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
5.14may, under rules promulgated by the commissioner, give supervised release to an inmate
5.15serving a mandatory life sentence under section
5.16subdivision 3;
5.17Statutes 2004, section 609.109, subdivision 3,
5.18term of imprisonment specified in subdivision 4.
5.19(b) The commissioner shall require the preparation of a community investigation
5.20report and shall consider the findings of the report when making a supervised release
5.21decision under this subdivision. The report shall reflect the sentiment of the various
5.22elements of the community toward the inmate, both at the time of the offense and at the
5.23present time. The report shall include the views of the sentencing judge, the prosecutor,
5.24any law enforcement personnel who may have been involved in the case, and any
5.25successors to these individuals who may have information relevant to the supervised
5.26release decision. The report shall also include the views of the victim and the victim's
5.27family unless the victim or the victim's family chooses not to participate.
5.28(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
5.29of the time and place of the inmate's supervised release review hearing. The victim has
5.30a right to submit an oral or written statement at the review hearing. The statement may
5.31summarize the harm suffered by the victim as a result of the crime and give the victim's
5.32recommendation on whether the inmate should be given supervised release at this time.
5.33The commissioner must consider the victim's statement when making the supervised
5.34release decision.
6.1(d) When considering whether to give supervised release to an inmate serving a life
6.2sentence under section
6.3a minimum, the following: the risk the inmate poses to the community if released, the
6.4inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
6.5or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
6.6other relevant conduct of the inmate while incarcerated or before incarceration. The
6.7commissioner may not give supervised release to the inmate unless:
6.8(1) while in prison:
6.9(i) the inmate has successfully completed appropriate sex offender treatment;
6.10(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
6.11has successfully completed chemical dependency treatment; and
6.12(iii) the inmate has been assessed for mental health needs and, if appropriate, has
6.13successfully completed mental health treatment; and
6.14(2) a comprehensive individual release plan is in place for the inmate that ensures
6.15that, after release, the inmate will have suitable housing and receive appropriate aftercare
6.16and community-based treatment. The comprehensive plan also must include a postprison
6.17employment or education plan for the inmate.
6.18(e) As used in this subdivision, "victim" means the individual who suffered harm as
6.19a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
6.20spouse or next of kin.
6.21 Sec. 3. Minnesota Statutes 2012, section 609.106, subdivision 2, is amended to read:
6.22 Subd. 2. Life without release. Except as provided in subdivision 3, the court shall
6.23sentence a person to life imprisonment without possibility of release under the following
6.24circumstances:
6.25(1) the person is convicted of first-degree murder under section
6.26(a)
6.27(2) the person is convicted of committing first-degree murder in the course of a
6.28kidnapping under section
6.29(3) the person is convicted of first-degree murder under section
6.30(5), or (6), and the court determines on the record at the time of sentencing that the person
6.31has one or more previous convictions for a heinous crime.
6.32 Sec. 4. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
6.33to read:
7.1 Subd. 3. Offender under age 18; life imprisonment with possibility of release. If
7.2the defendant was under 18 years of age at the time of the commission of an offense that
7.3would require a life without release sentence under subdivision 2, and the child has been
7.4certified under section 260B.125 or designated an extended jurisdiction juvenile under
7.5section 260B.130, the court shall sentence the defendant to imprisonment for life.
7.6 Sec. 5. Minnesota Statutes 2012, section 609.3455, subdivision 2, is amended to read:
7.7 Subd. 2. Mandatory life sentence without release; egregious first-time and
7.8repeat offenders. (a) Except as provided in paragraph (c), notwithstanding the statutory
7.9maximum penalty otherwise applicable to the offense, the court shall sentence a person
7.10convicted under section
7.12release if:
7.13(1) the fact finder determines that two or more heinous elements exist; or
7.14(2) the person has a previous sex offense conviction for a violation of section
7.16for the present offense.
7.17(b) A fact finder may not consider a heinous element if it is an element of the
7.18underlying specified violation of section
7.19determining whether two or more heinous elements exist, the fact finder may not use the
7.20same underlying facts to support a determination that more than one element exists.
7.21(c) If the defendant was under 18 years of age at the time of the commission of an
7.22offense that would require a life without release sentence under paragraph (a), and the child
7.23has been certified under section 260B.125 or designated an extended jurisdiction juvenile
7.24under section 260B.130, the court shall sentence the defendant to imprisonment for life.
7.25 Sec. 6. EFFECTIVE DATE; RETROACTIVITY.
7.26Sections 1 to 5 are effective the day following final enactment and apply to offenders
7.27sentenced on or after that date, and also retroactively to offenders sentenced to life without
7.28release sentenced before that date.
7.31 Section 1. Minnesota Statutes 2013 Supplement, section 243.166, subdivision 1b,
7.32is amended to read:
8.1 Subd. 1b. Registration required. (a) A person shall register under this section if
8.2 the person is an adult or a child certified under section 260B.125 and:
8.3(1) the person was charged with
8.4violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
8.5of
8.6set of circumstances:
8.7(i) murder under section
8.8(ii) kidnapping under section
8.9(iii) criminal sexual conduct under section
8.11(iv) indecent exposure under section
8.12(2) the person was charged with
8.13violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
8.17section
8.18or possessing pornographic work involving a minor in violation of section
8.19convicted of
8.20of the same set of circumstances;
8.21(3) the person was sentenced as a patterned sex offender under section
8.22subdivision 3a
8.23(4) the person was convicted of or adjudicated delinquent for, including pursuant
8.24to a court martial, violating a law of the United States, including the Uniform Code of
8.25Military Justice, similar to the offenses described in clause (1), (2), or (3).
8.26(b) A person also shall register under this section if the person is an adult or a child
8.27certified under section 260B.125 and:
8.28(1) the person was convicted
8.29offense that would be a violation of a law described in paragraph (a) if committed in
8.30this state;
8.31(2) the person enters this state to reside, work, or attend school, or enters this state
8.32and remains for 14 days or longer; and
8.33(3) ten years have not elapsed since the person was released from confinement
8.34or, if the person was not confined, since the person was convicted of
8.35
9.1registration period under the laws of another state in which the person has been convicted
9.2or adjudicated, or is subject to lifetime registration.
9.3If a person described in this paragraph is subject to a longer registration period
9.4in another state or is subject to lifetime registration, the person shall register for that
9.5time period regardless of when the person was released from confinement, convicted, or
9.6adjudicated delinquent.
9.7(c) A person also shall register under this section if the person is an adult or a child
9.8certified under section 260B.125 and was committed pursuant to a court commitment order
9.9under chapter 253D or Minnesota Statutes 1992, section
9.10state or the United States, regardless of whether the person was convicted of any offense.
9.11(d) A person also shall register under this section if the person is an adult or a child
9.12certified under section 260B.125 and:
9.13(1) the person was charged with
9.14violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
9.15state or the United States, or the person was charged with
9.16any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
9.17the United States;
9.18(2) the person was found not guilty by reason of mental illness or mental deficiency
9.19after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
9.20states with a guilty but mentally ill verdict; and
9.21(3) the person was committed pursuant to a court commitment order under section
9.23(e) A child who is not certified under section 260B.125 shall register under this
9.24section if:
9.25(1) the child was 14 years of age or older when the child committed any of the
9.26offenses under paragraph (a) or a similar law of another state or the United States;
9.27(2) the child was adjudicated delinquent or convicted as an extended jurisdiction
9.28juvenile of any of the offenses requiring registration under this subdivision;
9.29(3) the court, in its discretion and upon motion of the prosecuting attorney, finds that
9.30the circumstances of the offense require the child to register; and
9.31(4) the court considers the following factors when determining whether the child
9.32should register:
9.33(i) the degree to which the child used force, threat, or intimidation in committing
9.34the offense;
9.35(ii) impact on the victim;
9.36(iii) age and maturity of the child;
10.1(iv) the difference in age of the victim and child;
10.2(v) the child's history of delinquency; and
10.3(vi) any other aggravating or mitigating factor that the court determines relevant
10.4to the particular case which may include any or all of the following: compliance on
10.5probation, progress in treatment, and risk assessments and evaluations.
10.6The prosecuting attorney may file a motion for registration at any time during
10.7which the juvenile is within the jurisdiction of the court for the offense that is the basis
10.8for the motion.
10.9 Sec. 2. Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:
10.10 Subd. 2. Notice. When a person who is required to register under subdivision 1b,
10.11
10.12disposition order, the court shall tell the person of the duty to register under this section
10.13and that, if the person fails to comply with the registration requirements, information
10.14about the offender may be made available to the public through electronic, computerized,
10.15or other accessible means. The court may not modify the person's duty to register in the
10.16pronounced sentence or disposition order. The court shall require the person to read and
10.17sign a form stating that the duty of the person to register under this section has been
10.18explained. The court shall forward the signed sex offender registration form, the complaint,
10.19and sentencing documents to the bureau. If a person required to register under subdivision
10.201b, paragraph (a) or (e), was not notified by the court of the registration requirement at the
10.21time of sentencing or disposition, the assigned corrections agent shall notify the person
10.22of the requirements of this section. When a person who is required to register under
10.23subdivision 1b, paragraph (c) or (d), is released from commitment, the treatment facility
10.24shall notify the person of the requirements of this section. The treatment facility shall also
10.25obtain the registration information required under this section and forward it to the bureau.
10.26 Sec. 3. Minnesota Statutes 2013 Supplement, section 243.166, subdivision 6, is
10.27amended to read:
10.28 Subd. 6. Registration period. (a) Notwithstanding the provisions of section
10.30required to register under this section shall continue to comply with this section until ten
10.31years have elapsed since the person initially registered in connection with the offense, or
10.32until the probation, supervised release, or conditional release period expires, whichever
10.33occurs later. For a person required to register under this section who is committed under
11.1section
11.2period of commitment.
11.3(b) If a person required to register under this section fails to provide the person's
11.4primary address as required by subdivision 3, paragraph (b), fails to comply with the
11.5requirements of subdivision 3a, fails to provide information as required by subdivision
11.64a, or fails to return the verification form referenced in subdivision 4 within ten days,
11.7the commissioner of public safety may require the person to continue to register for an
11.8additional period of five years. This five-year period is added to the end of the offender's
11.9registration period.
11.10(c) If a person required to register under this section is subsequently incarcerated
11.11following a conviction for a new offense or following a revocation of probation, supervised
11.12release, or conditional release for any offense, the person shall continue to register until ten
11.13years have elapsed since the person was last released from incarceration or until the person's
11.14probation, supervised release, or conditional release period expires, whichever occurs later.
11.15(d) A person shall continue to comply with this section for the life of that person:
11.16(1) if the person is convicted of
11.17registration is required under subdivision 1b, or convicted of or adjudicated delinquent for
11.18any offense from another state or any federal offense similar to the offenses described in
11.19subdivision 1b, and the person has a prior conviction or adjudication for an offense for
11.20which registration was or would have been required under subdivision 1b, or an offense
11.21from another state or a federal offense similar to an offense described in subdivision 1b;
11.22(2) if the person is required to register based upon a conviction
11.23
11.24of or adjudicated delinquent for a similar statute from another state or the United States;
11.25(3) if the person is required to register based upon a conviction for an offense under
11.26section
11.271
11.28(g); or
11.29delinquent for a statute from another state or the United States similar to the offenses
11.30described in this clause; or
11.31(4) if the person is required to register under subdivision 1b, paragraph (c), following
11.32commitment pursuant to a court commitment under chapter 253D or a similar law of
11.33another state or the United States.
11.34(e) A person described in subdivision 1b, paragraph (b), who is required to register
11.35under the laws of a state in which the person has been previously convicted or adjudicated
12.1delinquent, shall register under this section for the time period required by the state of
12.2conviction or adjudication unless a longer time period is required elsewhere in this section.
