Bill Text: MN HF3061 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Juvenile issues addressed relating to detention, noncustodial supervision, risk assessment, continuances, diversion, life without release sentences, mandatory minimum sentences, predatory offender registration, expungement, and Human Services Department collateral sanctions; and money appropriated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-13 - Introduction and first reading, referred to Early Childhood and Youth Development Policy [HF3061 Detail]
Download: Minnesota-2013-HF3061-Introduced.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, mandatory minimum sentences,
1.5predatory offender registration, expungement, and DHS collateral sanctions;
1.6appropriating money;amending Minnesota Statutes 2012, sections 243.166,
1.7subdivision 2; 244.05, subdivisions 4, 5; 245C.14, subdivision 1; 260B.125,
1.8by adding a subdivision; 260B.130, subdivision 4; 260B.176, subdivision 1,
1.9by adding subdivisions; 260B.178, subdivision 1; 260B.198, subdivisions
1.106, 7; 332.70, by adding a subdivision; 609.106, subdivision 2, by adding a
1.11subdivision; 609.3455, subdivision 2; Minnesota Statutes 2013 Supplement,
1.12section 243.166, subdivisions 1b, 6; proposing coding for new law in Minnesota
1.13Statutes, chapter 260B.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18 Section 1. Minnesota Statutes 2012, section 260B.176, subdivision 1, is amended to
1.19read:
1.20 Subdivision 1. Notification; release. (a) If a child is taken into custody as provided
1.21in section260B.175 , the parent, guardian, or custodian of the child shall be notified as soon
1.22as possible.Unless If the risk assessment instrument described in subdivision 1a indicates
1.23 there is reason to believe that the child would endangerself or others, or not return for a
1.24court hearing,run away from the child's parent, guardian, or custodian or otherwise not
1.25remain in the care or control of the person to whose lawful custody the child is released,
1.26or that the child's health or welfare would be immediately endangered, the child shall be
1.27released kept in custody or placed in a suitable noncustodial community-based alternative
2.1supervision setting as described in subdivision 1b, whichever is appropriate considering
2.2the child's risk assessment score. If there is reason to believe that the child might endanger
2.3the child's self; that the child might run away from the child's parent, guardian, or custodian
2.4or otherwise not remain in the care or control of the person to whose lawful custody the
2.5child is released; or that the child's health or welfare would be immediately endangered,
2.6the child may not be kept in custody but instead shall be placed in a suitable noncustodial
2.7community-based alternative supervision setting. In all other situations, the child shall be
2.8released to the custody of a parent, guardian, custodian, or other suitable person.
2.9(b) The person to whom the child is released shall promise to bring the child to the
2.10court, if necessary, at the time the court may direct. If the person taking the child into
2.11custody believes it desirable, that person may request the parent, guardian, custodian, or
2.12other person designated by the court to sign a written promise to bring the child to court as
2.13provided above. The intentional violation of such a promise, whether given orally or in
2.14writing, shall be punishable as contempt of court.
2.15The court may require the parent, guardian, custodian, or other person to whom the
2.16child is released, to post any reasonable bail or bond required by the court which shall be
2.17forfeited to the court if the child does not appear as directed. The court may also release
2.18the child on the child's own promise to appear in juvenile court.
2.19EFFECTIVE DATE.This section is effective January 1, 2015.
2.20 Sec. 2. Minnesota Statutes 2012, section 260B.176, is amended by adding a
2.21subdivision to read:
2.22 Subd. 1a. Risk assessment instrument. A person making a release decision under
2.23subdivision 1 shall use an objective and racially, ethnically, and gender-responsive juvenile
2.24detention risk assessment instrument developed by the commissioner, county, group of
2.25counties, or judicial district. The risk assessment instrument must assess the likelihood
2.26that a child released from preadjudication detention under section 260B.176 or 260B.178
2.27would endanger others or not return for a court hearing. The instrument must identify the
2.28appropriate setting for a child who might endanger others or not return for a court hearing
2.29pending adjudication, with either continued detention or placement in a noncustodial
2.30community-based supervision setting. The instrument must also identify the type of
2.31noncustodial community-based supervision setting necessary to minimize the risk that a
2.32child who is released from custody will endanger others or not return for a court hearing.
2.33EFFECTIVE DATE.This section is effective January 1, 2015.
3.1 Sec. 3. Minnesota Statutes 2012, section 260B.176, is amended by adding a
3.2subdivision to read:
3.3 Subd. 1b. Community-based supervision options. Each county or group of
3.4counties shall provide suitable noncustodial community-based alternative supervision
3.5options for children released from custody under subdivision 1. The options must involve
3.6less restrictive noncustodial-based means to supervise children who without proper
3.7supervision may endanger the children's selves or others; who may not return for a court
3.8hearing, run away from their parent, guardian, or custodian or otherwise not remain in the
3.9care or control of the person to whose lawful custody the child is released; or whose health
3.10or welfare might be in immediate danger. The options required under this subdivision
3.11must address the different supervision needs of the described children.
3.12EFFECTIVE DATE.This section is effective January 1, 2015.
3.13 Sec. 4. Minnesota Statutes 2012, section 260B.178, subdivision 1, is amended to read:
3.14 Subdivision 1. Hearing and release requirements. (a) The court shall hold a
3.15detention hearing:
3.16(1) within 36 hours of the time the child was taken into custody, excluding
3.17Saturdays, Sundays, and holidays, if the child is being held at a juvenile secure detention
3.18facility or shelter care facility; or
3.19(2) within 24 hours of the time the child was taken into custody, excluding Saturdays,
3.20Sundays, and holidays, if the child is being held at an adult jail or municipal lockup.
3.21(b)Unless If the court determines there is reason to believe that the child would
3.22endangerself or others, or not return for a court hearing, run away from the child's parent,
3.23guardian, or custodian or otherwise not remain in the care or control of the person to
3.24whose lawful custody the child is released, or that the child's health or welfare would be
3.25immediately endangered, the child shall be released kept in custody or placed in a suitable
3.26noncustodial community-based alternative supervision setting as described in section
3.27260B.176, subdivision 1b. In making this determination, the court shall consider the child's
3.28score from the risk assessment instrument described in section 260B.176, subdivision 1a.
3.29If there is reason to believe that the child might endanger the child's self; that the child
3.30might run away from the child's parent, guardian, or custodian or otherwise not remain in
3.31the care or control of the person to whose lawful custody the child is released; or that the
3.32child's health or welfare would be immediately endangered, the child may not be kept in
3.33custody but instead shall be placed in a suitable noncustodial community-based alternative
3.34supervision setting. In all other situations, the child shall be released to the custody of a
3.35parent, guardian, custodian, or other suitable person, subject to reasonable conditions of
4.1release including, but not limited to, a requirement that the child undergo a chemical use
4.2assessment as provided in section260B.157, subdivision 1 , and a children's mental health
4.3screening as provided in section260B.176, subdivision 2 , paragraph (e). In determining
4.4whether the child's health or welfare would be immediately endangered, the court shall
4.5consider whether the child would reside with a perpetrator of domestic child abuse.
4.6EFFECTIVE DATE.This section is effective January 1, 2015.
4.7 Sec. 5. ADOPTION OF JUVENILE DETENTION RISK ASSESSMENT
4.8INSTRUMENT.
4.9 Subdivision 1. Adoption required. By September 15, 2014, the commissioner of
4.10corrections shall adopt an objective and racially, ethnically, and gender-responsive juvenile
4.11detention risk assessment instrument. The instrument must assess the likelihood that a
4.12child released from preadjudication detention under Minnesota Statutes, section 260B.176
4.13or 260B.178, would endanger others or not return for a court hearing. The instrument
4.14must be designed to identify the appropriate setting for a child who might endanger others
4.15or not return for a court hearing pending adjudication, with either continued detention or
4.16placement in a noncustodial community-based supervision setting. The instrument must
4.17also identify the type of noncustodial community-based supervision setting necessary to
4.18minimize the risk that a child who is released from custody will endanger others or not
4.19return for a court hearing.
4.20 Subd. 2. Consultation required. In adopting the risk assessment instrument
4.21required in subdivision 1, the commissioner of corrections shall consult and collaborate
4.22with the commissioners of public safety and human services and individuals throughout
4.23the state who are knowledgeable in matters relating to the detention and treatment of
4.24juvenile offenders and at-risk juveniles including, but not limited to, individuals from
4.25the courts, probation, law enforcement, prosecutorial offices, public defender's offices,
4.26communities of color, social services, juvenile detention and shelter care facilities, and
4.27juvenile residential treatment and correctional facilities. The commissioner shall also
4.28review similar risk assessment instruments in use both inside and outside of the state.
4.29 Subd. 3. Dissemination required. The commissioner of corrections shall make
4.30the risk assessment instrument required in this section available to law enforcement,
4.31correctional, and court personnel throughout the state.
4.32 Subd. 4. Local instruments required. By January 1, 2015, each county, group of
4.33counties, or judicial district making a decision related to the release or detention of a child
4.34under Minnesota Statutes, section 260B.176 or 260B.178, shall either adopt the instrument
5.1developed by the commissioner of corrections or develop a risk assessment instrument of
5.2their own meeting the requirements described in subdivision 1.
5.3 Sec. 6. EFFECT ON RULES OF JUVENILE DELINQUENCY PROCEDURE.
5.4Rules 5.04 and 5.07 of the Rules of Juvenile Delinquency Procedure are superseded
5.5to the extent of their conflict with sections 1 to 5. The Supreme Court is requested to
5.6amend the rules in a manner consistent with sections 1 to 5.
5.7EFFECTIVE DATE.This section is effective January 1, 2015.
5.8 Sec. 7. APPROPRIATION; GRANTS.
5.9 Subdivision 1. Appropriation. $....... for the fiscal year ending June 30, 2015, is
5.10appropriated from the general fund to the commissioner of corrections to adopt the risk
5.11assessment instrument required in Minnesota Statutes, section 242.325, and to make
5.12the grants required under subdivision 2.
5.13 Subd. 2. Grants. The commissioner of corrections shall make grants to counties to
5.14develop and provide the noncustodial community-based alternative supervision options
5.15required in Minnesota Statutes, section 260B.176, subdivision 1b. By January 15, 2017,
5.16the commissioner shall report to the chairs and ranking minority members of the senate
5.17and house of representatives committees and divisions having jurisdiction over juvenile
5.18justice policy and funding on the grants made under this subdivision. The report must
5.19identify the options funded by the grants and assess how well the options are working.
5.22 Section 1. [260B.1755] LAW ENFORCEMENT DIVERSION OF NONVIOLENT
5.23JUVENILE OFFENDERS AUTHORIZED.
5.24(a) A peace officer may refer a child that the officer has the lawful authority to arrest
5.25or has arrested to a diversion program that the law enforcement agency with jurisdiction
5.26over the child deems appropriate.
5.27(b) This section applies only to nonviolent offenses and does not apply to peace
5.28officers acting pursuant to an order or warrant described in section 260B.175, subdivision
5.291, paragraph (a), or other court order to take a child into custody.
5.30(c) A diversion program authorized by this section may defer prosecution of
5.31juvenile offenders who agree to complete appropriate conditions. Upon completion of the
6.1conditions, the charge shall be dismissed. Both petty offenders and delinquents may be
6.2diverted.
6.5 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to
6.6read:
6.7 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and
6.8not inimical to public safety and when the child has admitted the allegations contained
6.9in the petition before the judge or referee, or when a hearing has been held as provided
6.10for in section260B.163 and the allegations contained in the petition have been duly
6.11proven but, in either case, before a finding of delinquency has been entered, the court
6.12may continue the case for a period not to exceed90 180 days on any one order. Such a
6.13continuance may be extended for one additional successive period not to exceed90 180
6.14 days with the consent of the prosecutor and only after the court has reviewed the case
6.15and entered its order for an additional continuance without a finding of delinquency.
6.16During this continuance the court may enter an order in accordance with the provisions
6.17of subdivision 1,clause (1) or (2) except clause (3) or (4), or enter an order to hold the
6.18child in detention for a period not to exceed 15 days on any one order for the purpose of
6.19completing any consideration, or any investigation or examination ordered in accordance
6.20with the provisions of section260B.157 .
6.21(b) A prosecutor may appeal a continuance ordered in contravention of this
6.22subdivision. This subdivision does not extend the court's jurisdiction under section
6.23260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
6.26 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to
6.27read:
6.28 Subd. 6. Expungement. Except when legal custody is transferred under the
6.29provisions of subdivision 1, clause (4), the court may expungethe adjudication of all records
6.30relating to the arrest and delinquency proceedings at any timethat it deems advisable if the
6.31court determines that expungement of the record would yield a benefit to the subject of the
6.32record in pursuing education, employment, housing, or other necessities that outweighs
7.1the detriment to the public and public safety in sealing the record and the burden on the
7.2court and public agencies or jurisdictions in issuing, enforcing, and monitoring the order.
7.3 Sec. 2. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
7.4to read:
7.5 Subd. 3a. Deletion of expunged records. If a business screening service knows that
7.6a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
7.7service shall promptly delete the record.
7.10 Section 1. Minnesota Statutes 2012, section 245C.14, subdivision 1, is amended to read:
7.11 Subdivision 1. Disqualification from direct contact. (a) The commissioner shall
7.12disqualify an individual who is the subject of a background study from any position
7.13allowing direct contact with persons receiving services from the license holder or entity
7.14identified in section245C.03 , upon receipt of information showing, or when a background
7.15study completed under this chapter shows any of the following:
7.16 (1) a conviction of, admission to, or Alford plea to one or more crimes listed in
7.17section245C.15 , regardless of whether the conviction or admission is a felony, gross
7.18misdemeanor, or misdemeanor level crime;
7.19 (2) a preponderance of the evidence indicates the individual has committed an act
7.20or acts that meet the definition of any of the crimes listed in section245C.15 , regardless
7.21of whether the preponderance of the evidence is for a felony, gross misdemeanor, or
7.22misdemeanor level crime; or
7.23 (3) an investigation results in an administrative determination listed under section
7.24245C.15, subdivision 4
, paragraph (b).
7.25 (b) No individual who is disqualified following a background study under section
7.26245C.03
, subdivisions 1 and 2, may be retained in a position involving direct contact
7.27with persons served by a program or entity identified in section245C.03 , unless the
7.28commissioner has provided written notice under section245C.17 stating that:
7.29 (1) the individual may remain in direct contact during the period in which the
7.30individual may request reconsideration as provided in section245C.21, subdivision 2 ;
7.31 (2) the commissioner has set aside the individual's disqualification for that program
7.32or entity identified in section245C.03 , as provided in section
245C.22, subdivision 4 ; or
7.33 (3) the license holder has been granted a variance for the disqualified individual
7.34under section245C.30 .
8.1(c) An individual must not be disqualified if the individual's only disqualifying
8.2offense or offenses occurred when the individual was a minor, and five or more years have
8.3passed during which the individual has committed no other disqualifying offenses. This
8.4paragraph does not apply to an individual who was convicted of the disqualifying crime
8.5following certification under section 260B.125.
8.8 Section 1. Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:
8.9 Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
8.10mandatory life sentence under section609.106 , subdivision 2, or
609.3455, subdivision 2 ,
8.11paragraph (a), must not be given supervised release under this section.
8.12(b) An inmate serving a mandatory life sentence under section609.185 , clause (3),
8.13(5), or (6); orMinnesota Statutes 2004, section 609.109, subdivision 3 , must not be given
8.14supervised release under this section without having served a minimum term of 30 years.
8.15(c) An inmate serving a mandatory life sentence under section609.385 must not
8.16be given supervised release under this section without having served a minimum term of
8.17imprisonment of 17 years.
8.18(d) An inmate serving a mandatory life sentence under section609.3455, subdivision
8.193 or 4, must not be given supervised release under this section without having served the
8.20minimum term of imprisonment specified by the court in its sentence.
8.21(e) An inmate serving a mandatory life sentence under section 609.106, subdivision
8.223, or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under
8.23this section without having served a minimum term of imprisonment of 20 years.
8.24 Sec. 2. Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:
8.25 Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
8.26may, under rules promulgated by the commissioner, give supervised release to an inmate
8.27serving a mandatory life sentence under section609.185 , clause (3), (5), or (6); 609.106,
8.28subdivision 3;609.3455, subdivision 2, paragraph (c), 3, or 4;
609.385; or Minnesota
8.29Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
8.30term of imprisonment specified in subdivision 4.
8.31(b) The commissioner shall require the preparation of a community investigation
8.32report and shall consider the findings of the report when making a supervised release
8.33decision under this subdivision. The report shall reflect the sentiment of the various
8.34elements of the community toward the inmate, both at the time of the offense and at the
9.1present time. The report shall include the views of the sentencing judge, the prosecutor,
9.2any law enforcement personnel who may have been involved in the case, and any
9.3successors to these individuals who may have information relevant to the supervised
9.4release decision. The report shall also include the views of the victim and the victim's
9.5family unless the victim or the victim's family chooses not to participate.
9.6(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
9.7of the time and place of the inmate's supervised release review hearing. The victim has
9.8a right to submit an oral or written statement at the review hearing. The statement may
9.9summarize the harm suffered by the victim as a result of the crime and give the victim's
9.10recommendation on whether the inmate should be given supervised release at this time.
9.11The commissioner must consider the victim's statement when making the supervised
9.12release decision.
9.13(d) When considering whether to give supervised release to an inmate serving a life
9.14sentence under section609.3455, subdivision 3 or 4, the commissioner shall consider, at
9.15a minimum, the following: the risk the inmate poses to the community if released, the
9.16inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
9.17or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
9.18other relevant conduct of the inmate while incarcerated or before incarceration. The
9.19commissioner may not give supervised release to the inmate unless:
9.20(1) while in prison:
9.21(i) the inmate has successfully completed appropriate sex offender treatment;
9.22(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
9.23has successfully completed chemical dependency treatment; and
9.24(iii) the inmate has been assessed for mental health needs and, if appropriate, has
9.25successfully completed mental health treatment; and
9.26(2) a comprehensive individual release plan is in place for the inmate that ensures
9.27that, after release, the inmate will have suitable housing and receive appropriate aftercare
9.28and community-based treatment. The comprehensive plan also must include a postprison
9.29employment or education plan for the inmate.
9.30(e) As used in this subdivision, "victim" means the individual who suffered harm as
9.31a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
9.32spouse or next of kin.
9.33 Sec. 3. Minnesota Statutes 2012, section 609.106, subdivision 2, is amended to read:
10.1 Subd. 2. Life without release. Except as provided in subdivision 3, the court shall
10.2sentence a person to life imprisonment without possibility of release under the following
10.3circumstances:
10.4(1) the person is convicted of first-degree murder under section609.185, paragraph
10.5(a) , clause (1), (2), (4), or (7);
10.6(2) the person is convicted of committing first-degree murder in the course of a
10.7kidnapping under section609.185 , clause (3); or
10.8(3) the person is convicted of first-degree murder under section609.185 , clause (3),
10.9(5), or (6), and the court determines on the record at the time of sentencing that the person
10.10has one or more previous convictions for a heinous crime.
10.11 Sec. 4. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
10.12to read:
10.13 Subd. 3. Offender under age 18; life imprisonment with possibility of release. If
10.14the defendant was under 18 years of age at the time of the commission of an offense that
10.15would require a life without release sentence under subdivision 2, and the child has been
10.16certified under section 260B.125 or designated an extended jurisdiction juvenile under
10.17section 260B.130, the court shall sentence the defendant to imprisonment for life.
10.18 Sec. 5. Minnesota Statutes 2012, section 609.3455, subdivision 2, is amended to read:
10.19 Subd. 2. Mandatory life sentence without release; egregious first-time and
10.20repeat offenders. (a) Except as provided in paragraph (c), notwithstanding the statutory
10.21maximum penalty otherwise applicable to the offense, the court shall sentence a person
10.22convicted under section609.342, subdivision 1 , paragraph (c), (d), (e), (f), or (h); or
10.23609.343, subdivision 1
, paragraph (c), (d), (e), (f), or (h), to life without the possibility of
10.24release if:
10.25(1) the fact finder determines that two or more heinous elements exist; or
10.26(2) the person has a previous sex offense conviction for a violation of section
10.27609.342
,
609.343 , or
609.344 , and the fact finder determines that a heinous element exists
10.28for the present offense.
10.29(b) A fact finder may not consider a heinous element if it is an element of the
10.30underlying specified violation of section609.342 or
609.343 . In addition, when
10.31determining whether two or more heinous elements exist, the fact finder may not use the
10.32same underlying facts to support a determination that more than one element exists.
10.33(c) If the defendant was under 18 years of age at the time of the commission of an
10.34offense that would require a life without release sentence under paragraph (a), and the child
11.1has been certified under section 260B.125 or designated an extended jurisdiction juvenile
11.2under section 260B.130, the court shall sentence the defendant to imprisonment for life.
11.3 Sec. 6. EFFECTIVE DATE; RETROACTIVITY.
11.4Sections 1 to 5 are effective the day following final enactment and apply to offenders
11.5sentenced on or after that date, and also retroactively to offenders sentenced to life without
11.6release sentenced before that date.
11.9 Section 1. LEGISLATIVE FINDINGS AND INTENT.
11.10The legislature finds that emerging research on brain development indicates that
11.11adolescent brains, and thus adolescent intellectual and emotional capabilities, differ
11.12significantly from those of mature adults. It is appropriate to take these differences into
11.13consideration when sentencing extended jurisdiction juveniles and juveniles tried as
11.14adults. The legislature further finds that requiring mandatory minimum sentences for these
11.15juveniles prevents judges from taking these differences into consideration in appropriate
11.16circumstances. The legislature intends to eliminate the nondiscretionary application of
11.17mandatory minimum sentences to extended jurisdiction juveniles and to juveniles tried as
11.18adults, while continuing to apply all other adult sentencing provisions to these juveniles.
11.19 Sec. 2. Minnesota Statutes 2012, section 260B.125, is amended by adding a
11.20subdivision to read:
11.21 Subd. 11. Applicability of mandatory minimum sentences. Notwithstanding
11.22any other law to the contrary, when a person who has been convicted of an offense that
11.23has been certified under this section is sentenced, the sentencing court is not required
11.24to sentence the person under the terms of a mandatory minimum sentence that would
11.25otherwise be applicable to the offense.
11.26 Sec. 3. Minnesota Statutes 2012, section 260B.130, subdivision 4, is amended to read:
11.27 Subd. 4. Disposition. (a) If an extended jurisdiction juvenile prosecution results in a
11.28guilty plea or finding of guilt, the court shall:
11.29(1) impose one or more juvenile dispositions under section260B.198 ; and
11.30(2) impose an adult criminal sentence, the execution of which shall be stayed on
11.31the condition that the offender not violate the provisions of the disposition order and
11.32not commit a new offense.
12.1(b) If a child prosecuted as an extended jurisdiction juvenile after designation by
12.2the prosecutor in the delinquency petition is convicted of an offense after trial that is not
12.3an offense described in subdivision 1, clause (2), the court shall adjudicate the child
12.4delinquent and order a disposition under section260B.198 . If the extended jurisdiction
12.5juvenile proceeding results in a guilty plea for an offense not described in subdivision 1,
12.6clause (2), the court may impose a disposition under paragraph (a) if the child consents.
12.7(c) Notwithstanding any other law to the contrary, when imposing an adult sentence
12.8under paragraph (a), clause (2), the court is not required to sentence the child under the
12.9terms of a mandatory minimum sentence that would otherwise be applicable to the offense.
12.12 Section 1. Minnesota Statutes 2013 Supplement, section 243.166, subdivision 1b,
12.13is amended to read:
12.14 Subd. 1b. Registration required. (a) A person shall register under this section if
12.15 the person is an adult or a child certified under section 260B.125 and:
12.16(1) the person was charged with or petitioned for a felony violation of or attempt to
12.17violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
12.18ofor adjudicated delinquent for that offense or another offense arising out of the same
12.19set of circumstances:
12.20(i) murder under section609.185 , paragraph (a), clause (2);
12.21(ii) kidnapping under section609.25 ;
12.22(iii) criminal sexual conduct under section609.342 ;
609.343 ;
609.344 ;
609.345 ;
12.23609.3451, subdivision 3
; or
609.3453 ; or
12.24(iv) indecent exposure under section617.23, subdivision 3 ;
12.25(2) the person was charged withor petitioned for a violation of, or attempt to
12.26violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
12.27609.2325, subdivision 1
, paragraph (b), false imprisonment in violation of section
12.28609.255, subdivision 2
; soliciting a minor to engage in prostitution in violation of section
12.29609.322
or
609.324 ; soliciting a minor to engage in sexual conduct in violation of
12.30section609.352 ; using a minor in a sexual performance in violation of section
617.246 ;
12.31or possessing pornographic work involving a minor in violation of section617.247 , and
12.32convicted ofor adjudicated delinquent for that offense or another offense arising out
12.33of the same set of circumstances;
12.34(3) the person was sentenced as a patterned sex offender under section609.3455,
12.35subdivision 3a ; or
13.1(4) the person was convicted of or adjudicated delinquent for, including pursuant
13.2to a court martial, violating a law of the United States, including the Uniform Code of
13.3Military Justice, similar to the offenses described in clause (1), (2), or (3).
13.4(b) A person also shall register under this section if the person is an adult or a child
13.5certified under section 260B.125 and:
13.6(1) the person was convictedof or adjudicated delinquent in another state for an
13.7offense that would be a violation of a law described in paragraph (a) if committed in
13.8this state;
13.9(2) the person enters this state to reside, work, or attend school, or enters this state
13.10and remains for 14 days or longer; and
13.11(3) ten years have not elapsed since the person was released from confinement
13.12or, if the person was not confined, since the person was convicted ofor adjudicated
13.13delinquent for the offense that triggers registration, unless the person is subject to a longer
13.14registration period under the laws of another state in which the person has been convicted
13.15or adjudicated, or is subject to lifetime registration.
13.16If a person described in this paragraph is subject to a longer registration period
13.17in another state or is subject to lifetime registration, the person shall register for that
13.18time period regardless of when the person was released from confinement, convicted, or
13.19adjudicated delinquent.
13.20(c) A person also shall register under this section if the person is an adult or a child
13.21certified under section 260B.125 and was committed pursuant to a court commitment order
13.22under chapter 253D or Minnesota Statutes 1992, section526.10 , or a similar law of another
13.23state or the United States, regardless of whether the person was convicted of any offense.
13.24(d) A person also shall register under this section if the person is an adult or a child
13.25certified under section 260B.125 and:
13.26(1) the person was charged withor petitioned for a felony violation or attempt to
13.27violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
13.28state or the United States, or the person was charged withor petitioned for a violation of
13.29any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
13.30the United States;
13.31(2) the person was found not guilty by reason of mental illness or mental deficiency
13.32after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
13.33states with a guilty but mentally ill verdict; and
13.34(3) the person was committed pursuant to a court commitment order under section
13.35253B.18
or a similar law of another state or the United States.
14.1(e) A child who is not certified under section 260B.125 shall register under this
14.2section if:
14.3(1) the child was 14 years of age or older when the child committed any of the
14.4offenses under paragraph (a) or a similar law of another state or the United States;
14.5(2) the child was adjudicated delinquent or convicted as an extended jurisdiction
14.6juvenile of any of the offenses requiring registration under this subdivision;
14.7(3) the court, in its discretion and upon motion of the prosecuting attorney, finds that
14.8the circumstances of the offense require the child to register; and
14.9(4) the court considers the following factors when determining whether the child
14.10should register:
14.11(i) the degree to which the child used force, threat, or intimidation in committing
14.12the offense;
14.13(ii) impact on the victim;
14.14(iii) age and maturity of the child;
14.15(iv) the difference in age of the victim and child;
14.16(v) the child's history of delinquency; and
14.17(vi) any other aggravating or mitigating factor that the court determines relevant
14.18to the particular case which may include any or all of the following: compliance on
14.19probation, progress in treatment, and risk assessments and evaluations.
14.20The prosecuting attorney may file a motion for registration at any time during
14.21which the juvenile is within the jurisdiction of the court for the offense that is the basis
14.22for the motion.
14.23 Sec. 2. Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:
14.24 Subd. 2. Notice. When a person who is required to register under subdivision 1b,
14.25paragraph paragraphs (a) and (e), is sentenced or becomes subject to a juvenile court
14.26disposition order, the court shall tell the person of the duty to register under this section
14.27and that, if the person fails to comply with the registration requirements, information
14.28about the offender may be made available to the public through electronic, computerized,
14.29or other accessible means. The court may not modify the person's duty to register in the
14.30pronounced sentence or disposition order. The court shall require the person to read and
14.31sign a form stating that the duty of the person to register under this section has been
14.32explained. The court shall forward the signed sex offender registration form, the complaint,
14.33and sentencing documents to the bureau. If a person required to register under subdivision
14.341b, paragraph (a) or (e), was not notified by the court of the registration requirement at the
14.35time of sentencing or disposition, the assigned corrections agent shall notify the person
15.1of the requirements of this section. When a person who is required to register under
15.2subdivision 1b, paragraph (c) or (d), is released from commitment, the treatment facility
15.3shall notify the person of the requirements of this section. The treatment facility shall also
15.4obtain the registration information required under this section and forward it to the bureau.
15.5 Sec. 3. Minnesota Statutes 2013 Supplement, section 243.166, subdivision 6, is
15.6amended to read:
15.7 Subd. 6. Registration period. (a) Notwithstanding the provisions of section
15.8609.165, subdivision 1
, and except as provided in paragraphs (b), (c), and (d), a person
15.9required to register under this section shall continue to comply with this section until ten
15.10years have elapsed since the person initially registered in connection with the offense, or
15.11until the probation, supervised release, or conditional release period expires, whichever
15.12occurs later. For a person required to register under this section who is committed under
15.13section253B.18 or chapter 253D, the ten-year registration period does not include the
15.14period of commitment.
15.15(b) If a person required to register under this section fails to provide the person's
15.16primary address as required by subdivision 3, paragraph (b), fails to comply with the
15.17requirements of subdivision 3a, fails to provide information as required by subdivision
15.184a, or fails to return the verification form referenced in subdivision 4 within ten days,
15.19the commissioner of public safety may require the person to continue to register for an
15.20additional period of five years. This five-year period is added to the end of the offender's
15.21registration period.
15.22(c) If a person required to register under this section is subsequently incarcerated
15.23following a conviction for a new offense or following a revocation of probation, supervised
15.24release, or conditional release for any offense, the person shall continue to register until ten
15.25years have elapsed since the person was last released from incarceration or until the person's
15.26probation, supervised release, or conditional release period expires, whichever occurs later.
15.27(d) A person shall continue to comply with this section for the life of that person:
15.28(1) if the person is convicted ofor adjudicated delinquent for any offense for which
15.29registration is required under subdivision 1b, or convicted of or adjudicated delinquent for
15.30any offense from another state or any federal offense similar to the offenses described in
15.31subdivision 1b, and the person has a prior conviction or adjudication for an offense for
15.32which registration was or would have been required under subdivision 1b, or an offense
15.33from another state or a federal offense similar to an offense described in subdivision 1b;
16.1(2) if the person is required to register based upon a convictionor delinquency
16.2adjudication for an offense under section
609.185 , paragraph (a), clause (2), or convicted
16.3of or adjudicated delinquent for a similar statute from another state or the United States;
16.4(3) if the person is required to register based upon a conviction for an offense under
16.5section609.342, subdivision 1 , paragraph (a), (c), (d), (e), (f), or (h);
609.343, subdivision
16.61 , paragraph (a), (c), (d), (e), (f), or (h);
609.344, subdivision 1 , paragraph (a), (c), or
16.7(g); or609.345, subdivision 1 , paragraph (a), (c), or (g); or convicted of or adjudicated
16.8delinquent for a statute from another state or the United States similar to the offenses
16.9described in this clause; or
16.10(4) if the person is required to register under subdivision 1b, paragraph (c), following
16.11commitment pursuant to a court commitment under chapter 253D or a similar law of
16.12another state or the United States.
16.13(e) A person described in subdivision 1b, paragraph (b), who is required to register
16.14under the laws of a state in which the person has been previously convicted or adjudicated
16.15delinquent, shall register under this section for the time period required by the state of
16.16conviction 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, mandatory minimum sentences,
1.5predatory offender registration, expungement, and DHS collateral sanctions;
1.6appropriating money;amending Minnesota Statutes 2012, sections 243.166,
1.7subdivision 2; 244.05, subdivisions 4, 5; 245C.14, subdivision 1; 260B.125,
1.8by adding a subdivision; 260B.130, subdivision 4; 260B.176, subdivision 1,
1.9by adding subdivisions; 260B.178, subdivision 1; 260B.198, subdivisions
1.106, 7; 332.70, by adding a subdivision; 609.106, subdivision 2, by adding a
1.11subdivision; 609.3455, subdivision 2; Minnesota Statutes 2013 Supplement,
1.12section 243.166, subdivisions 1b, 6; proposing coding for new law in Minnesota
1.13Statutes, chapter 260B.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18 Section 1. Minnesota Statutes 2012, section 260B.176, subdivision 1, is amended to
1.19read:
1.20 Subdivision 1. Notification; release. (a) If a child is taken into custody as provided
1.21in section
1.22as possible.
1.23 there is reason to believe that the child would endanger
1.24court hearing,
1.25
1.26
1.27
2.1supervision setting as described in subdivision 1b, whichever is appropriate considering
2.2the child's risk assessment score. If there is reason to believe that the child might endanger
2.3the child's self; that the child might run away from the child's parent, guardian, or custodian
2.4or otherwise not remain in the care or control of the person to whose lawful custody the
2.5child is released; or that the child's health or welfare would be immediately endangered,
2.6the child may not be kept in custody but instead shall be placed in a suitable noncustodial
2.7community-based alternative supervision setting. In all other situations, the child shall be
2.8released to the custody of a parent, guardian, custodian, or other suitable person.
2.9(b) The person to whom the child is released shall promise to bring the child to the
2.10court, if necessary, at the time the court may direct. If the person taking the child into
2.11custody believes it desirable, that person may request the parent, guardian, custodian, or
2.12other person designated by the court to sign a written promise to bring the child to court as
2.13provided above. The intentional violation of such a promise, whether given orally or in
2.14writing, shall be punishable as contempt of court.
2.15The court may require the parent, guardian, custodian, or other person to whom the
2.16child is released, to post any reasonable bail or bond required by the court which shall be
2.17forfeited to the court if the child does not appear as directed. The court may also release
2.18the child on the child's own promise to appear in juvenile court.
2.19EFFECTIVE DATE.This section is effective January 1, 2015.
2.20 Sec. 2. Minnesota Statutes 2012, section 260B.176, is amended by adding a
2.21subdivision to read:
2.22 Subd. 1a. Risk assessment instrument. A person making a release decision under
2.23subdivision 1 shall use an objective and racially, ethnically, and gender-responsive juvenile
2.24detention risk assessment instrument developed by the commissioner, county, group of
2.25counties, or judicial district. The risk assessment instrument must assess the likelihood
2.26that a child released from preadjudication detention under section 260B.176 or 260B.178
2.27would endanger others or not return for a court hearing. The instrument must identify the
2.28appropriate setting for a child who might endanger others or not return for a court hearing
2.29pending adjudication, with either continued detention or placement in a noncustodial
2.30community-based supervision setting. The instrument must also identify the type of
2.31noncustodial community-based supervision setting necessary to minimize the risk that a
2.32child who is released from custody will endanger others or not return for a court hearing.
2.33EFFECTIVE DATE.This section is effective January 1, 2015.
3.1 Sec. 3. Minnesota Statutes 2012, section 260B.176, is amended by adding a
3.2subdivision to read:
3.3 Subd. 1b. Community-based supervision options. Each county or group of
3.4counties shall provide suitable noncustodial community-based alternative supervision
3.5options for children released from custody under subdivision 1. The options must involve
3.6less restrictive noncustodial-based means to supervise children who without proper
3.7supervision may endanger the children's selves or others; who may not return for a court
3.8hearing, run away from their parent, guardian, or custodian or otherwise not remain in the
3.9care or control of the person to whose lawful custody the child is released; or whose health
3.10or welfare might be in immediate danger. The options required under this subdivision
3.11must address the different supervision needs of the described children.
3.12EFFECTIVE DATE.This section is effective January 1, 2015.
3.13 Sec. 4. Minnesota Statutes 2012, section 260B.178, subdivision 1, is amended to read:
3.14 Subdivision 1. Hearing and release requirements. (a) The court shall hold a
3.15detention hearing:
3.16(1) within 36 hours of the time the child was taken into custody, excluding
3.17Saturdays, Sundays, and holidays, if the child is being held at a juvenile secure detention
3.18facility or shelter care facility; or
3.19(2) within 24 hours of the time the child was taken into custody, excluding Saturdays,
3.20Sundays, and holidays, if the child is being held at an adult jail or municipal lockup.
3.21(b)
3.22endanger
3.23
3.24
3.25
3.26noncustodial community-based alternative supervision setting as described in section
3.27260B.176, subdivision 1b. In making this determination, the court shall consider the child's
3.28score from the risk assessment instrument described in section 260B.176, subdivision 1a.
3.29If there is reason to believe that the child might endanger the child's self; that the child
3.30might run away from the child's parent, guardian, or custodian or otherwise not remain in
3.31the care or control of the person to whose lawful custody the child is released; or that the
3.32child's health or welfare would be immediately endangered, the child may not be kept in
3.33custody but instead shall be placed in a suitable noncustodial community-based alternative
3.34supervision setting. In all other situations, the child shall be released to the custody of a
3.35parent, guardian, custodian, or other suitable person, subject to reasonable conditions of
4.1release including, but not limited to, a requirement that the child undergo a chemical use
4.2assessment as provided in section
4.3screening as provided in section
4.4whether the child's health or welfare would be immediately endangered, the court shall
4.5consider whether the child would reside with a perpetrator of domestic child abuse.
4.6EFFECTIVE DATE.This section is effective January 1, 2015.
4.7 Sec. 5. ADOPTION OF JUVENILE DETENTION RISK ASSESSMENT
4.8INSTRUMENT.
4.9 Subdivision 1. Adoption required. By September 15, 2014, the commissioner of
4.10corrections shall adopt an objective and racially, ethnically, and gender-responsive juvenile
4.11detention risk assessment instrument. The instrument must assess the likelihood that a
4.12child released from preadjudication detention under Minnesota Statutes, section 260B.176
4.13or 260B.178, would endanger others or not return for a court hearing. The instrument
4.14must be designed to identify the appropriate setting for a child who might endanger others
4.15or not return for a court hearing pending adjudication, with either continued detention or
4.16placement in a noncustodial community-based supervision setting. The instrument must
4.17also identify the type of noncustodial community-based supervision setting necessary to
4.18minimize the risk that a child who is released from custody will endanger others or not
4.19return for a court hearing.
4.20 Subd. 2. Consultation required. In adopting the risk assessment instrument
4.21required in subdivision 1, the commissioner of corrections shall consult and collaborate
4.22with the commissioners of public safety and human services and individuals throughout
4.23the state who are knowledgeable in matters relating to the detention and treatment of
4.24juvenile offenders and at-risk juveniles including, but not limited to, individuals from
4.25the courts, probation, law enforcement, prosecutorial offices, public defender's offices,
4.26communities of color, social services, juvenile detention and shelter care facilities, and
4.27juvenile residential treatment and correctional facilities. The commissioner shall also
4.28review similar risk assessment instruments in use both inside and outside of the state.
4.29 Subd. 3. Dissemination required. The commissioner of corrections shall make
4.30the risk assessment instrument required in this section available to law enforcement,
4.31correctional, and court personnel throughout the state.
4.32 Subd. 4. Local instruments required. By January 1, 2015, each county, group of
4.33counties, or judicial district making a decision related to the release or detention of a child
4.34under Minnesota Statutes, section 260B.176 or 260B.178, shall either adopt the instrument
5.1developed by the commissioner of corrections or develop a risk assessment instrument of
5.2their own meeting the requirements described in subdivision 1.
5.3 Sec. 6. EFFECT ON RULES OF JUVENILE DELINQUENCY PROCEDURE.
5.4Rules 5.04 and 5.07 of the Rules of Juvenile Delinquency Procedure are superseded
5.5to the extent of their conflict with sections 1 to 5. The Supreme Court is requested to
5.6amend the rules in a manner consistent with sections 1 to 5.
5.7EFFECTIVE DATE.This section is effective January 1, 2015.
5.8 Sec. 7. APPROPRIATION; GRANTS.
5.9 Subdivision 1. Appropriation. $....... for the fiscal year ending June 30, 2015, is
5.10appropriated from the general fund to the commissioner of corrections to adopt the risk
5.11assessment instrument required in Minnesota Statutes, section 242.325, and to make
5.12the grants required under subdivision 2.
5.13 Subd. 2. Grants. The commissioner of corrections shall make grants to counties to
5.14develop and provide the noncustodial community-based alternative supervision options
5.15required in Minnesota Statutes, section 260B.176, subdivision 1b. By January 15, 2017,
5.16the commissioner shall report to the chairs and ranking minority members of the senate
5.17and house of representatives committees and divisions having jurisdiction over juvenile
5.18justice policy and funding on the grants made under this subdivision. The report must
5.19identify the options funded by the grants and assess how well the options are working.
5.22 Section 1. [260B.1755] LAW ENFORCEMENT DIVERSION OF NONVIOLENT
5.23JUVENILE OFFENDERS AUTHORIZED.
5.24(a) A peace officer may refer a child that the officer has the lawful authority to arrest
5.25or has arrested to a diversion program that the law enforcement agency with jurisdiction
5.26over the child deems appropriate.
5.27(b) This section applies only to nonviolent offenses and does not apply to peace
5.28officers acting pursuant to an order or warrant described in section 260B.175, subdivision
5.291, paragraph (a), or other court order to take a child into custody.
5.30(c) A diversion program authorized by this section may defer prosecution of
5.31juvenile offenders who agree to complete appropriate conditions. Upon completion of the
6.1conditions, the charge shall be dismissed. Both petty offenders and delinquents may be
6.2diverted.
6.5 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to
6.6read:
6.7 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and
6.8not inimical to public safety and when the child has admitted the allegations contained
6.9in the petition before the judge or referee, or when a hearing has been held as provided
6.10for in section
6.11proven but, in either case, before a finding of delinquency has been entered, the court
6.12may continue the case for a period not to exceed
6.13continuance may be extended for one additional successive period not to exceed
6.14 days with the consent of the prosecutor and only after the court has reviewed the case
6.15and entered its order for an additional continuance without a finding of delinquency.
6.16During this continuance the court may enter an order in accordance with the provisions
6.17of subdivision 1,
6.18child in detention for a period not to exceed 15 days on any one order for the purpose of
6.19completing any consideration, or any investigation or examination ordered in accordance
6.20with the provisions of section
6.21(b) A prosecutor may appeal a continuance ordered in contravention of this
6.22subdivision. This subdivision does not extend the court's jurisdiction under section
6.23260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
6.26 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to
6.27read:
6.28 Subd. 6. Expungement. Except when legal custody is transferred under the
6.29provisions of subdivision 1, clause (4), the court may expunge
6.30relating to the arrest and delinquency proceedings at any time
6.31court determines that expungement of the record would yield a benefit to the subject of the
6.32record in pursuing education, employment, housing, or other necessities that outweighs
7.1the detriment to the public and public safety in sealing the record and the burden on the
7.2court and public agencies or jurisdictions in issuing, enforcing, and monitoring the order.
7.3 Sec. 2. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
7.4to read:
7.5 Subd. 3a. Deletion of expunged records. If a business screening service knows that
7.6a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
7.7service shall promptly delete the record.
7.10 Section 1. Minnesota Statutes 2012, section 245C.14, subdivision 1, is amended to read:
7.11 Subdivision 1. Disqualification from direct contact. (a) The commissioner shall
7.12disqualify an individual who is the subject of a background study from any position
7.13allowing direct contact with persons receiving services from the license holder or entity
7.14identified in section
7.15study completed under this chapter shows any of the following:
7.16 (1) a conviction of, admission to, or Alford plea to one or more crimes listed in
7.17section
7.18misdemeanor, or misdemeanor level crime;
7.19 (2) a preponderance of the evidence indicates the individual has committed an act
7.20or acts that meet the definition of any of the crimes listed in section
7.21of whether the preponderance of the evidence is for a felony, gross misdemeanor, or
7.22misdemeanor level crime; or
7.23 (3) an investigation results in an administrative determination listed under section
7.25 (b) No individual who is disqualified following a background study under section
7.27with persons served by a program or entity identified in section
7.28commissioner has provided written notice under section
7.29 (1) the individual may remain in direct contact during the period in which the
7.30individual may request reconsideration as provided in section
7.31 (2) the commissioner has set aside the individual's disqualification for that program
7.32or entity identified in section
7.33 (3) the license holder has been granted a variance for the disqualified individual
7.34under section
8.1(c) An individual must not be disqualified if the individual's only disqualifying
8.2offense or offenses occurred when the individual was a minor, and five or more years have
8.3passed during which the individual has committed no other disqualifying offenses. This
8.4paragraph does not apply to an individual who was convicted of the disqualifying crime
8.5following certification under section 260B.125.
8.8 Section 1. Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:
8.9 Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
8.10mandatory life sentence under section
8.11paragraph (a), must not be given supervised release under this section.
8.12(b) An inmate serving a mandatory life sentence under section
8.13(5), or (6); or
8.14supervised release under this section without having served a minimum term of 30 years.
8.15(c) An inmate serving a mandatory life sentence under section
8.16be given supervised release under this section without having served a minimum term of
8.17imprisonment of 17 years.
8.18(d) An inmate serving a mandatory life sentence under section
8.193
8.20minimum term of imprisonment specified by the court in its sentence.
8.21(e) An inmate serving a mandatory life sentence under section 609.106, subdivision
8.223, or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under
8.23this section without having served a minimum term of imprisonment of 20 years.
8.24 Sec. 2. Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:
8.25 Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
8.26may, under rules promulgated by the commissioner, give supervised release to an inmate
8.27serving a mandatory life sentence under section
8.28subdivision 3;
8.29Statutes 2004, section 609.109, subdivision 3,
8.30term of imprisonment specified in subdivision 4.
8.31(b) The commissioner shall require the preparation of a community investigation
8.32report and shall consider the findings of the report when making a supervised release
8.33decision under this subdivision. The report shall reflect the sentiment of the various
8.34elements of the community toward the inmate, both at the time of the offense and at the
9.1present time. The report shall include the views of the sentencing judge, the prosecutor,
9.2any law enforcement personnel who may have been involved in the case, and any
9.3successors to these individuals who may have information relevant to the supervised
9.4release decision. The report shall also include the views of the victim and the victim's
9.5family unless the victim or the victim's family chooses not to participate.
9.6(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
9.7of the time and place of the inmate's supervised release review hearing. The victim has
9.8a right to submit an oral or written statement at the review hearing. The statement may
9.9summarize the harm suffered by the victim as a result of the crime and give the victim's
9.10recommendation on whether the inmate should be given supervised release at this time.
9.11The commissioner must consider the victim's statement when making the supervised
9.12release decision.
9.13(d) When considering whether to give supervised release to an inmate serving a life
9.14sentence under section
9.15a minimum, the following: the risk the inmate poses to the community if released, the
9.16inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
9.17or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
9.18other relevant conduct of the inmate while incarcerated or before incarceration. The
9.19commissioner may not give supervised release to the inmate unless:
9.20(1) while in prison:
9.21(i) the inmate has successfully completed appropriate sex offender treatment;
9.22(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
9.23has successfully completed chemical dependency treatment; and
9.24(iii) the inmate has been assessed for mental health needs and, if appropriate, has
9.25successfully completed mental health treatment; and
9.26(2) a comprehensive individual release plan is in place for the inmate that ensures
9.27that, after release, the inmate will have suitable housing and receive appropriate aftercare
9.28and community-based treatment. The comprehensive plan also must include a postprison
9.29employment or education plan for the inmate.
9.30(e) As used in this subdivision, "victim" means the individual who suffered harm as
9.31a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
9.32spouse or next of kin.
9.33 Sec. 3. Minnesota Statutes 2012, section 609.106, subdivision 2, is amended to read:
10.1 Subd. 2. Life without release. Except as provided in subdivision 3, the court shall
10.2sentence a person to life imprisonment without possibility of release under the following
10.3circumstances:
10.4(1) the person is convicted of first-degree murder under section
10.5(a)
10.6(2) the person is convicted of committing first-degree murder in the course of a
10.7kidnapping under section
10.8(3) the person is convicted of first-degree murder under section
10.9(5), or (6), and the court determines on the record at the time of sentencing that the person
10.10has one or more previous convictions for a heinous crime.
10.11 Sec. 4. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
10.12to read:
10.13 Subd. 3. Offender under age 18; life imprisonment with possibility of release. If
10.14the defendant was under 18 years of age at the time of the commission of an offense that
10.15would require a life without release sentence under subdivision 2, and the child has been
10.16certified under section 260B.125 or designated an extended jurisdiction juvenile under
10.17section 260B.130, the court shall sentence the defendant to imprisonment for life.
10.18 Sec. 5. Minnesota Statutes 2012, section 609.3455, subdivision 2, is amended to read:
10.19 Subd. 2. Mandatory life sentence without release; egregious first-time and
10.20repeat offenders. (a) Except as provided in paragraph (c), notwithstanding the statutory
10.21maximum penalty otherwise applicable to the offense, the court shall sentence a person
10.22convicted under section
10.24release if:
10.25(1) the fact finder determines that two or more heinous elements exist; or
10.26(2) the person has a previous sex offense conviction for a violation of section
10.28for the present offense.
10.29(b) A fact finder may not consider a heinous element if it is an element of the
10.30underlying specified violation of section
10.31determining whether two or more heinous elements exist, the fact finder may not use the
10.32same underlying facts to support a determination that more than one element exists.
10.33(c) If the defendant was under 18 years of age at the time of the commission of an
10.34offense that would require a life without release sentence under paragraph (a), and the child
11.1has been certified under section 260B.125 or designated an extended jurisdiction juvenile
11.2under section 260B.130, the court shall sentence the defendant to imprisonment for life.
11.3 Sec. 6. EFFECTIVE DATE; RETROACTIVITY.
11.4Sections 1 to 5 are effective the day following final enactment and apply to offenders
11.5sentenced on or after that date, and also retroactively to offenders sentenced to life without
11.6release sentenced before that date.
11.9 Section 1. LEGISLATIVE FINDINGS AND INTENT.
11.10The legislature finds that emerging research on brain development indicates that
11.11adolescent brains, and thus adolescent intellectual and emotional capabilities, differ
11.12significantly from those of mature adults. It is appropriate to take these differences into
11.13consideration when sentencing extended jurisdiction juveniles and juveniles tried as
11.14adults. The legislature further finds that requiring mandatory minimum sentences for these
11.15juveniles prevents judges from taking these differences into consideration in appropriate
11.16circumstances. The legislature intends to eliminate the nondiscretionary application of
11.17mandatory minimum sentences to extended jurisdiction juveniles and to juveniles tried as
11.18adults, while continuing to apply all other adult sentencing provisions to these juveniles.
11.19 Sec. 2. Minnesota Statutes 2012, section 260B.125, is amended by adding a
11.20subdivision to read:
11.21 Subd. 11. Applicability of mandatory minimum sentences. Notwithstanding
11.22any other law to the contrary, when a person who has been convicted of an offense that
11.23has been certified under this section is sentenced, the sentencing court is not required
11.24to sentence the person under the terms of a mandatory minimum sentence that would
11.25otherwise be applicable to the offense.
11.26 Sec. 3. Minnesota Statutes 2012, section 260B.130, subdivision 4, is amended to read:
11.27 Subd. 4. Disposition. (a) If an extended jurisdiction juvenile prosecution results in a
11.28guilty plea or finding of guilt, the court shall:
11.29(1) impose one or more juvenile dispositions under section
11.30(2) impose an adult criminal sentence, the execution of which shall be stayed on
11.31the condition that the offender not violate the provisions of the disposition order and
11.32not commit a new offense.
12.1(b) If a child prosecuted as an extended jurisdiction juvenile after designation by
12.2the prosecutor in the delinquency petition is convicted of an offense after trial that is not
12.3an offense described in subdivision 1, clause (2), the court shall adjudicate the child
12.4delinquent and order a disposition under section
12.5juvenile proceeding results in a guilty plea for an offense not described in subdivision 1,
12.6clause (2), the court may impose a disposition under paragraph (a) if the child consents.
12.7(c) Notwithstanding any other law to the contrary, when imposing an adult sentence
12.8under paragraph (a), clause (2), the court is not required to sentence the child under the
12.9terms of a mandatory minimum sentence that would otherwise be applicable to the offense.
12.12 Section 1. Minnesota Statutes 2013 Supplement, section 243.166, subdivision 1b,
12.13is amended to read:
12.14 Subd. 1b. Registration required. (a) A person shall register under this section if
12.15 the person is an adult or a child certified under section 260B.125 and:
12.16(1) the person was charged with or petitioned for a felony violation of or attempt to
12.17violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
12.18of
12.19set of circumstances:
12.20(i) murder under section
12.21(ii) kidnapping under section
12.22(iii) criminal sexual conduct under section
12.24(iv) indecent exposure under section
12.25(2) the person was charged with
12.26violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
12.30section
12.31or possessing pornographic work involving a minor in violation of section
12.32convicted of
12.33of the same set of circumstances;
12.34(3) the person was sentenced as a patterned sex offender under section
12.35subdivision 3a
13.1(4) the person was convicted of or adjudicated delinquent for, including pursuant
13.2to a court martial, violating a law of the United States, including the Uniform Code of
13.3Military Justice, similar to the offenses described in clause (1), (2), or (3).
13.4(b) A person also shall register under this section if the person is an adult or a child
13.5certified under section 260B.125 and:
13.6(1) the person was convicted
13.7offense that would be a violation of a law described in paragraph (a) if committed in
13.8this state;
13.9(2) the person enters this state to reside, work, or attend school, or enters this state
13.10and remains for 14 days or longer; and
13.11(3) ten years have not elapsed since the person was released from confinement
13.12or, if the person was not confined, since the person was convicted of
13.13
13.14registration period under the laws of another state in which the person has been convicted
13.15or adjudicated, or is subject to lifetime registration.
13.16If a person described in this paragraph is subject to a longer registration period
13.17in another state or is subject to lifetime registration, the person shall register for that
13.18time period regardless of when the person was released from confinement, convicted, or
13.19adjudicated delinquent.
13.20(c) A person also shall register under this section if the person is an adult or a child
13.21certified under section 260B.125 and was committed pursuant to a court commitment order
13.22under chapter 253D or Minnesota Statutes 1992, section
13.23state or the United States, regardless of whether the person was convicted of any offense.
13.24(d) A person also shall register under this section if the person is an adult or a child
13.25certified under section 260B.125 and:
13.26(1) the person was charged with
13.27violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
13.28state or the United States, or the person was charged with
13.29any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
13.30the United States;
13.31(2) the person was found not guilty by reason of mental illness or mental deficiency
13.32after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
13.33states with a guilty but mentally ill verdict; and
13.34(3) the person was committed pursuant to a court commitment order under section
14.1(e) A child who is not certified under section 260B.125 shall register under this
14.2section if:
14.3(1) the child was 14 years of age or older when the child committed any of the
14.4offenses under paragraph (a) or a similar law of another state or the United States;
14.5(2) the child was adjudicated delinquent or convicted as an extended jurisdiction
14.6juvenile of any of the offenses requiring registration under this subdivision;
14.7(3) the court, in its discretion and upon motion of the prosecuting attorney, finds that
14.8the circumstances of the offense require the child to register; and
14.9(4) the court considers the following factors when determining whether the child
14.10should register:
14.11(i) the degree to which the child used force, threat, or intimidation in committing
14.12the offense;
14.13(ii) impact on the victim;
14.14(iii) age and maturity of the child;
14.15(iv) the difference in age of the victim and child;
14.16(v) the child's history of delinquency; and
14.17(vi) any other aggravating or mitigating factor that the court determines relevant
14.18to the particular case which may include any or all of the following: compliance on
14.19probation, progress in treatment, and risk assessments and evaluations.
14.20The prosecuting attorney may file a motion for registration at any time during
14.21which the juvenile is within the jurisdiction of the court for the offense that is the basis
14.22for the motion.
14.23 Sec. 2. Minnesota Statutes 2012, section 243.166, subdivision 2, is amended to read:
14.24 Subd. 2. Notice. When a person who is required to register under subdivision 1b,
14.25
14.26disposition order, the court shall tell the person of the duty to register under this section
14.27and that, if the person fails to comply with the registration requirements, information
14.28about the offender may be made available to the public through electronic, computerized,
14.29or other accessible means. The court may not modify the person's duty to register in the
14.30pronounced sentence or disposition order. The court shall require the person to read and
14.31sign a form stating that the duty of the person to register under this section has been
14.32explained. The court shall forward the signed sex offender registration form, the complaint,
14.33and sentencing documents to the bureau. If a person required to register under subdivision
14.341b, paragraph (a) or (e), was not notified by the court of the registration requirement at the
14.35time of sentencing or disposition, the assigned corrections agent shall notify the person
15.1of the requirements of this section. When a person who is required to register under
15.2subdivision 1b, paragraph (c) or (d), is released from commitment, the treatment facility
15.3shall notify the person of the requirements of this section. The treatment facility shall also
15.4obtain the registration information required under this section and forward it to the bureau.
15.5 Sec. 3. Minnesota Statutes 2013 Supplement, section 243.166, subdivision 6, is
15.6amended to read:
15.7 Subd. 6. Registration period. (a) Notwithstanding the provisions of section
15.9required to register under this section shall continue to comply with this section until ten
15.10years have elapsed since the person initially registered in connection with the offense, or
15.11until the probation, supervised release, or conditional release period expires, whichever
15.12occurs later. For a person required to register under this section who is committed under
15.13section
15.14period of commitment.
15.15(b) If a person required to register under this section fails to provide the person's
15.16primary address as required by subdivision 3, paragraph (b), fails to comply with the
15.17requirements of subdivision 3a, fails to provide information as required by subdivision
15.184a, or fails to return the verification form referenced in subdivision 4 within ten days,
15.19the commissioner of public safety may require the person to continue to register for an
15.20additional period of five years. This five-year period is added to the end of the offender's
15.21registration period.
15.22(c) If a person required to register under this section is subsequently incarcerated
15.23following a conviction for a new offense or following a revocation of probation, supervised
15.24release, or conditional release for any offense, the person shall continue to register until ten
15.25years have elapsed since the person was last released from incarceration or until the person's
15.26probation, supervised release, or conditional release period expires, whichever occurs later.
15.27(d) A person shall continue to comply with this section for the life of that person:
15.28(1) if the person is convicted of
15.29registration is required under subdivision 1b, or convicted of or adjudicated delinquent for
15.30any offense from another state or any federal offense similar to the offenses described in
15.31subdivision 1b, and the person has a prior conviction or adjudication for an offense for
15.32which registration was or would have been required under subdivision 1b, or an offense
15.33from another state or a federal offense similar to an offense described in subdivision 1b;
16.1(2) if the person is required to register based upon a conviction
16.2
16.3of or adjudicated delinquent for a similar statute from another state or the United States;
16.4(3) if the person is required to register based upon a conviction for an offense under
16.5section
16.61
16.7(g); or
16.8delinquent for a statute from another state or the United States similar to the offenses
16.9described in this clause; or
16.10(4) if the person is required to register under subdivision 1b, paragraph (c), following
16.11commitment pursuant to a court commitment under chapter 253D or a similar law of
16.12another state or the United States.
16.13(e) A person described in subdivision 1b, paragraph (b), who is required to register
16.14under the laws of a state in which the person has been previously convicted or adjudicated
16.15delinquent, shall register under this section for the time period required by the state of
16.16conviction or adjudication unless a longer time period is required elsewhere in this section.
