Bill Text: MN SF76 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Juvenile sex offenders residency regulation authorization
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-18 - HF substituted on General Orders HF229 [SF76 Detail]
Download: Minnesota-2011-SF76-Engrossed.html
1.2relating to public safety; authorizing judges to prohibit certain juvenile sex
1.3offenders from residing near their victims; amending Minnesota Statutes 2010,
1.4section 260B.198, subdivision 1, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 260B.198, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Court order, findings, remedies, treatment. If the court finds that
1.9the child is delinquent, it shall enter an order making any of the following dispositions of
1.10the case which are deemed necessary to the rehabilitation of the child:
1.11(1) counsel the child or the parents, guardian, or custodian;
1.12(2) place the child under the supervision of a probation officer or other suitable
1.13person in the child's own home under conditions prescribed by the court including
1.14reasonable rules for the child's conduct and the conduct of the child's parents, guardian, or
1.15custodian, designed for the physical, mental, and moral well-being and behavior of the
1.16child, or with the consent of the commissioner of corrections, in a group foster care facility
1.17which is under the management and supervision of said commissioner;
1.18(3) if the court determines that the child is a danger to self or others, subject to the
1.19supervision of the court, transfer legal custody of the child to one of the following:
1.20(i) a child-placing agency; or
1.21(ii) the local social services agency; or
1.22(iii) a reputable individual of good moral character. No person may receive custody
1.23of two or more unrelated children unless licensed as a residential facility pursuant to
1.24sections245A.01 to
245A.16 ; or
2.1(iv) a county home school, if the county maintains a home school or enters into an
2.2agreement with a county home school; or
2.3(v) a county probation officer for placement in a group foster home established under
2.4the direction of the juvenile court and licensed pursuant to section241.021 ;
2.5(4) transfer legal custody by commitment to the commissioner of corrections;
2.6(5) if the child is found to have violated a state or local law or ordinance which has
2.7resulted in damage to the person or property of another, the court may order the child to
2.8make reasonable restitution for such damage;
2.9(6) require the child to pay a fine of up to $1,000. The court shall order payment of
2.10the fine in accordance with a time payment schedule which shall not impose an undue
2.11financial hardship on the child;
2.12(7) if the child is in need of special treatment and care for reasons of physical or
2.13mental health, the court may order the child's parent, guardian, or custodian to provide
2.14it. If the parent, guardian, or custodian fails to provide this treatment or care, the court
2.15may order it provided;
2.16(8) if the court believes that it is in the best interests of the child and of public
2.17safety that the driver's license of the child be canceled until the child's 18th birthday,
2.18the court may recommend to the commissioner of public safety the cancellation of the
2.19child's license for any period up to the child's 18th birthday, and the commissioner is
2.20hereby authorized to cancel such license without a hearing. At any time before the
2.21termination of the period of cancellation, the court may, for good cause, recommend to
2.22the commissioner of public safety that the child be authorized to apply for a new license,
2.23and the commissioner may so authorize;
2.24(9) if the court believes that it is in the best interest of the child and of public safety
2.25that the child is enrolled in school, the court may require the child to remain enrolled in a
2.26public school until the child reaches the age of 18 or completes all requirements needed
2.27to graduate from high school. Any child enrolled in a public school under this clause is
2.28subject to the provisions of the Pupil Fair Dismissal Act in chapter 127;
2.29(10) if the child is petitioned and found by the court to have committed a controlled
2.30substance offense under sections152.021 to
152.027 , the court shall determine whether
2.31the child unlawfully possessed or sold the controlled substance while driving a motor
2.32vehicle. If so, the court shall notify the commissioner of public safety of its determination
2.33and order the commissioner to revoke the child's driver's license for the applicable time
2.34period specified in section152.0271 . If the child does not have a driver's license or if the
2.35child's driver's license is suspended or revoked at the time of the delinquency finding,
2.36the commissioner shall, upon the child's application for driver's license issuance or
3.1reinstatement, delay the issuance or reinstatement of the child's driver's license for the
3.2applicable time period specified in section152.0271 . Upon receipt of the court's order, the
3.3commissioner is authorized to take the licensing action without a hearing;
3.4(11) if the child is petitioned and found by the court to have committed or attempted
3.5to commit an act in violation of section609.342 ;
609.343 ;
609.344 ;
609.345 ;
609.3451 ;
3.6609.746, subdivision 1
;
609.79 ; or
617.23 , or another offense arising out of a delinquency
3.7petition based on one or more of those sections, the court shall order an independent
3.8professional assessment of the child's need for sex offender treatment. An assessor
3.9providing an assessment for the court must be experienced in the evaluation and treatment
3.10of juvenile sex offenders. If the assessment indicates that the child is in need of and
3.11amenable to sex offender treatment, the court shall include in its disposition order a
3.12requirement that the child undergo treatment. Notwithstanding sections13.384 ,
13.85 ,
3.13144.291 to 144.298
,
260B.171 , or
626.556 , the assessor has access to the following private
3.14or confidential data on the child if access is relevant and necessary for the assessment:
3.15(i) medical data under section13.384 ;
3.16(ii) corrections and detention data under section13.85 ;
3.17(iii) health records under sections144.291 to 144.298 ;
3.18(iv) juvenile court records under section260B.171 ; and
3.19(v) local welfare agency records under section626.556 .
3.20Data disclosed under this clause may be used only for purposes of the assessment
3.21and may not be further disclosed to any other person, except as authorized by law;
3.22(12) if the child is found delinquent due to the commission of an offense that would
3.23be a felony if committed by an adult, the court shall make a specific finding on the record
3.24regarding the juvenile's mental health and chemical dependency treatment needs;
3.25(13) any order for a disposition authorized under this section shall contain written
3.26findings of fact to support the disposition ordered and shall also set forth in writing the
3.27following information:
3.28(i) why the best interests of the child are served by the disposition ordered; and
3.29(ii) what alternative dispositions were considered by the court and why such
3.30dispositions were not appropriate in the instant case. Item (i) does not apply to a
3.31disposition under subdivision 1a.
3.32EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.33offenses committed on or after that date.
3.34 Sec. 2. Minnesota Statutes 2010, section 260B.198, is amended by adding a
3.35subdivision to read:
4.1 Subd. 1a. Juvenile sex offenders; residency restriction. If the court finds that
4.2the child is 15 years of age or older, is delinquent due to a violation of section 609.342,
4.3609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, and does not reside
4.4in the same home as the victim, in addition to other dispositions authorized under this
4.5section, the court may prohibit the child from residing within 1,000 feet or three city
4.6blocks, whichever distance is greater, from the victim for a portion or the entire period that
4.7the court has jurisdiction over the child.
4.8EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
4.9offenses committed on or after that date.
1.3offenders from residing near their victims; amending Minnesota Statutes 2010,
1.4section 260B.198, subdivision 1, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 260B.198, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Court order, findings, remedies, treatment. If the court finds that
1.9the child is delinquent, it shall enter an order making any of the following dispositions of
1.10the case which are deemed necessary to the rehabilitation of the child:
1.11(1) counsel the child or the parents, guardian, or custodian;
1.12(2) place the child under the supervision of a probation officer or other suitable
1.13person in the child's own home under conditions prescribed by the court including
1.14reasonable rules for the child's conduct and the conduct of the child's parents, guardian, or
1.15custodian, designed for the physical, mental, and moral well-being and behavior of the
1.16child, or with the consent of the commissioner of corrections, in a group foster care facility
1.17which is under the management and supervision of said commissioner;
1.18(3) if the court determines that the child is a danger to self or others, subject to the
1.19supervision of the court, transfer legal custody of the child to one of the following:
1.20(i) a child-placing agency; or
1.21(ii) the local social services agency; or
1.22(iii) a reputable individual of good moral character. No person may receive custody
1.23of two or more unrelated children unless licensed as a residential facility pursuant to
1.24sections
2.1(iv) a county home school, if the county maintains a home school or enters into an
2.2agreement with a county home school; or
2.3(v) a county probation officer for placement in a group foster home established under
2.4the direction of the juvenile court and licensed pursuant to section
2.5(4) transfer legal custody by commitment to the commissioner of corrections;
2.6(5) if the child is found to have violated a state or local law or ordinance which has
2.7resulted in damage to the person or property of another, the court may order the child to
2.8make reasonable restitution for such damage;
2.9(6) require the child to pay a fine of up to $1,000. The court shall order payment of
2.10the fine in accordance with a time payment schedule which shall not impose an undue
2.11financial hardship on the child;
2.12(7) if the child is in need of special treatment and care for reasons of physical or
2.13mental health, the court may order the child's parent, guardian, or custodian to provide
2.14it. If the parent, guardian, or custodian fails to provide this treatment or care, the court
2.15may order it provided;
2.16(8) if the court believes that it is in the best interests of the child and of public
2.17safety that the driver's license of the child be canceled until the child's 18th birthday,
2.18the court may recommend to the commissioner of public safety the cancellation of the
2.19child's license for any period up to the child's 18th birthday, and the commissioner is
2.20hereby authorized to cancel such license without a hearing. At any time before the
2.21termination of the period of cancellation, the court may, for good cause, recommend to
2.22the commissioner of public safety that the child be authorized to apply for a new license,
2.23and the commissioner may so authorize;
2.24(9) if the court believes that it is in the best interest of the child and of public safety
2.25that the child is enrolled in school, the court may require the child to remain enrolled in a
2.26public school until the child reaches the age of 18 or completes all requirements needed
2.27to graduate from high school. Any child enrolled in a public school under this clause is
2.28subject to the provisions of the Pupil Fair Dismissal Act in chapter 127;
2.29(10) if the child is petitioned and found by the court to have committed a controlled
2.30substance offense under sections
2.31the child unlawfully possessed or sold the controlled substance while driving a motor
2.32vehicle. If so, the court shall notify the commissioner of public safety of its determination
2.33and order the commissioner to revoke the child's driver's license for the applicable time
2.34period specified in section
2.35child's driver's license is suspended or revoked at the time of the delinquency finding,
2.36the commissioner shall, upon the child's application for driver's license issuance or
3.1reinstatement, delay the issuance or reinstatement of the child's driver's license for the
3.2applicable time period specified in section
3.3commissioner is authorized to take the licensing action without a hearing;
3.4(11) if the child is petitioned and found by the court to have committed or attempted
3.5to commit an act in violation of section
3.7petition based on one or more of those sections, the court shall order an independent
3.8professional assessment of the child's need for sex offender treatment. An assessor
3.9providing an assessment for the court must be experienced in the evaluation and treatment
3.10of juvenile sex offenders. If the assessment indicates that the child is in need of and
3.11amenable to sex offender treatment, the court shall include in its disposition order a
3.12requirement that the child undergo treatment. Notwithstanding sections
3.14or confidential data on the child if access is relevant and necessary for the assessment:
3.15(i) medical data under section
3.16(ii) corrections and detention data under section
3.17(iii) health records under sections
3.18(iv) juvenile court records under section
3.19(v) local welfare agency records under section
3.20Data disclosed under this clause may be used only for purposes of the assessment
3.21and may not be further disclosed to any other person, except as authorized by law;
3.22(12) if the child is found delinquent due to the commission of an offense that would
3.23be a felony if committed by an adult, the court shall make a specific finding on the record
3.24regarding the juvenile's mental health and chemical dependency treatment needs;
3.25(13) any order for a disposition authorized under this section shall contain written
3.26findings of fact to support the disposition ordered and shall also set forth in writing the
3.27following information:
3.28(i) why the best interests of the child are served by the disposition ordered; and
3.29(ii) what alternative dispositions were considered by the court and why such
3.30dispositions were not appropriate in the instant case. Item (i) does not apply to a
3.31disposition under subdivision 1a.
3.32EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
3.33offenses committed on or after that date.
3.34 Sec. 2. Minnesota Statutes 2010, section 260B.198, is amended by adding a
3.35subdivision to read:
4.1 Subd. 1a. Juvenile sex offenders; residency restriction. If the court finds that
4.2the child is 15 years of age or older, is delinquent due to a violation of section 609.342,
4.3609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, and does not reside
4.4in the same home as the victim, in addition to other dispositions authorized under this
4.5section, the court may prohibit the child from residing within 1,000 feet or three city
4.6blocks, whichever distance is greater, from the victim for a portion or the entire period that
4.7the court has jurisdiction over the child.
4.8EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
4.9offenses committed on or after that date.
