| 1 | 1 | | 1.1 A bill for an act |
|---|
| 2 | 2 | | 1.2 relating to juvenile delinquency; authorizing use of adult facilities, programs, and |
|---|
| 3 | 3 | | 1.3 sanctions for certain extended jurisdiction juveniles; authorizing a continuance of |
|---|
| 4 | 4 | | 1.4 more than 180 days for juveniles who admit or are proven to have committed |
|---|
| 5 | 5 | | 1.5 certain acts; amending Minnesota Statutes 2024, sections 260B.130, subdivision |
|---|
| 6 | 6 | | 1.6 5, by adding a subdivision; 260B.198, subdivision 7. |
|---|
| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
|---|
| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 260B.130, is amended by adding a subdivision |
|---|
| 9 | 9 | | 1.9to read: |
|---|
| 10 | 10 | | 1.10 Subd. 4a.Placement and sanctions; persons 19 years of age or older.(a) |
|---|
| 11 | 11 | | 1.11Notwithstanding any law to the contrary, conditions prescribed by the court for the |
|---|
| 12 | 12 | | 1.12supervision of a person convicted as an extended jurisdiction juvenile who, at the time of |
|---|
| 13 | 13 | | 1.13the hearing, is 19 years of age or older may include any of the adult intermediate sanctions |
|---|
| 14 | 14 | | 1.14described in section 609.135, subdivision 1, paragraph (b). If the court orders incarceration |
|---|
| 15 | 15 | | 1.15of a person who is 19 years of age or older at the time of the hearing in a local jail or |
|---|
| 16 | 16 | | 1.16workhouse, the person may be detained without the need for sight and sound separation. |
|---|
| 17 | 17 | | 1.17 (b) If a court orders a person convicted as an extended jurisdiction juvenile to undergo |
|---|
| 18 | 18 | | 1.18mental health treatment, chemical dependency treatment, or sex offender treatment and the |
|---|
| 19 | 19 | | 1.19person is 19 years of age or older, the court may authorize the treatment to take place in a |
|---|
| 20 | 20 | | 1.20facility or through a program that primarily or exclusively serves adults. For purposes of |
|---|
| 21 | 21 | | 1.21eligibility for any facility or program that primarily or exclusively serves adults and is |
|---|
| 22 | 22 | | 1.22operated or licensed by the commissioner of corrections or the commissioner of human |
|---|
| 23 | 23 | | 1.23services, a conviction as an extended jurisdiction juvenile must be treated as an adult criminal |
|---|
| 24 | 24 | | 1.24sentence if the person is 19 years of age or older. |
|---|
| 25 | 25 | | 1Section 1. |
|---|
| 26 | 26 | | REVISOR KLL/DG 25-0182301/09/25 |
|---|
| 27 | 27 | | State of Minnesota |
|---|
| 28 | 28 | | This Document can be made available |
|---|
| 29 | 29 | | in alternative formats upon request |
|---|
| 30 | 30 | | HOUSE OF REPRESENTATIVES |
|---|
| 31 | 31 | | H. F. No. 136 |
|---|
| 32 | 32 | | NINETY-FOURTH SESSION |
|---|
| 33 | 33 | | Authored by Zeleznikar, Backer, Gillman and Perryman01/22/2025 |
|---|
| 34 | 34 | | The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 Sec. 2. Minnesota Statutes 2024, section 260B.130, subdivision 5, is amended to read: |
|---|
| 35 | 35 | | 2.2 Subd. 5.Execution of adult sentence.(a) When it appears that a person convicted as |
|---|
| 36 | 36 | | 2.3an extended jurisdiction juvenile has violated the conditions of the stayed sentence, or is |
|---|
| 37 | 37 | | 2.4alleged to have committed a new offense, the court may, without notice, revoke the stay |
|---|
| 38 | 38 | | 2.5and probation and direct that the offender be taken into immediate custody. The court shall |
|---|
| 39 | 39 | | 2.6notify the offender in writing of the reasons alleged to exist for revocation of the stay of |
|---|
| 40 | 40 | | 2.7execution of the adult sentence. If the offender challenges the reasons, the court shall hold |
|---|
| 41 | 41 | | 2.8a summary hearing on the issue at which the offender is entitled to be heard and represented |
|---|
| 42 | 42 | | 2.9by counsel. |
|---|
| 43 | 43 | | 2.10 (b) If a person described in paragraph (a) is taken into custody, the person may be |
|---|
| 44 | 44 | | 2.11detained in a secure juvenile detention facility. If there is no secure juvenile detention facility |
|---|
| 45 | 45 | | 2.12or existing acceptable detention alternative available for juveniles within the county, the |
|---|
| 46 | 46 | | 2.13child may be detained up to 24 hours, excluding Saturdays, Sundays, and holidays, or for |
|---|
| 47 | 47 | | 2.14up to six hours in a standard metropolitan statistical area, in a jail, lockup, or other facility |
|---|
| 48 | 48 | | 2.15used for the confinement of adults who have been charged with or convicted of a crime. In |
|---|
| 49 | 49 | | 2.16this instance, the person must be confined in quarters separate from any adult confined in |
|---|
| 50 | 50 | | 2.17the facility that allow for complete sight and sound separation for all activities during the |
|---|
| 51 | 51 | | 2.18period of the detention, and the adult facility must be approved for the detention of juveniles |
|---|
| 52 | 52 | | 2.19by the commissioner of corrections. |
|---|
| 53 | 53 | | 2.20 If the person is 18 years of age or older and is to be detained prior to the revocation |
|---|
| 54 | 54 | | 2.21hearing, the person may be detained in a local adult correctional facility without the need |
|---|
| 55 | 55 | | 2.22for sight and sound separation. |
|---|
| 56 | 56 | | 2.23 (c) After the hearing, if the court finds that reasons exist to revoke the stay of execution |
|---|
| 57 | 57 | | 2.24of sentence, the court shall treat the offender as an adult and order any of the adult sanctions |
|---|
| 58 | 58 | | 2.25authorized by section 609.14, subdivision 3, except that no credit shall be given for time |
|---|
| 59 | 59 | | 2.26served in juvenile facility custody prior to a summary hearing. If the offender was convicted |
|---|
| 60 | 60 | | 2.27of an offense described in subdivision 1, clause (2), and the court finds that reasons exist |
|---|
| 61 | 61 | | 2.28to revoke the stay, the court must order execution of the previously imposed sentence unless |
|---|
| 62 | 62 | | 2.29the court makes written findings regarding the mitigating factors that justify continuing the |
|---|
| 63 | 63 | | 2.30stay. |
|---|
| 64 | 64 | | 2.31 (d) After the hearing, if the court does not revoke the stay of execution of sentence, the |
|---|
| 65 | 65 | | 2.32court may impose one or more juvenile dispositions under section 260B.198. If the person |
|---|
| 66 | 66 | | 2.33convicted as an extended jurisdiction juvenile is 19 years of age or older at the time of the |
|---|
| 67 | 67 | | 2.34hearing, the court may impose any of the adult intermediate sanctions described in section |
|---|
| 68 | 68 | | 2Sec. 2. |
|---|
| 69 | 69 | | REVISOR KLL/DG 25-0182301/09/25 3.1609.135, subdivision 1, paragraph (b), or any combination of juvenile dispositions and adult |
|---|
| 70 | 70 | | 3.2intermediate sanctions. If the court orders incarceration of a person who is 19 years of age |
|---|
| 71 | 71 | | 3.3or older at the time of the hearing in a local jail or workhouse, the person may be detained |
|---|
| 72 | 72 | | 3.4without the need for sight and sound separation. |
|---|
| 73 | 73 | | 3.5 (d) (e) Upon revocation, the offender's extended jurisdiction status is terminated and |
|---|
| 74 | 74 | | 3.6juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction, |
|---|
| 75 | 75 | | 3.7other than commitment to the commissioner of corrections, is with the adult court. |
|---|
| 76 | 76 | | 3.8 Sec. 3. Minnesota Statutes 2024, section 260B.198, subdivision 7, is amended to read: |
|---|
| 77 | 77 | | 3.9 Subd. 7.Continuance.(a) When it is in the best interests of the child to do so and not |
|---|
| 78 | 78 | | 3.10inimical to public safety and when the child has admitted the allegations contained in the |
|---|
| 79 | 79 | | 3.11petition before the judge or referee, or when a hearing has been held as provided for in |
|---|
| 80 | 80 | | 3.12section 260B.163 and the allegations contained in the petition have been duly proven but, |
|---|
| 81 | 81 | | 3.13in either case, before a finding of delinquency has been entered, the court may continue the |
|---|
| 82 | 82 | | 3.14case for a period not to exceed 180 days on any one order unless a longer period is authorized |
|---|
| 83 | 83 | | 3.15under paragraph (b). Except as otherwise provided in paragraph (c) (d), the continuance |
|---|
| 84 | 84 | | 3.16may be extended for one additional successive period not to exceed 180 days, but only with |
|---|
| 85 | 85 | | 3.17the consent of the prosecutor and only after the court has reviewed the case and entered its |
|---|
| 86 | 86 | | 3.18order for the additional continuance without a finding of delinquency. During a continuance |
|---|
| 87 | 87 | | 3.19the court may enter an order in accordance with the provisions of subdivision 1, except |
|---|
| 88 | 88 | | 3.20clause (4), or enter an order to hold the child in detention for a period not to exceed 15 days |
|---|
| 89 | 89 | | 3.21on any one order for the purpose of completing any consideration, or any investigation or |
|---|
| 90 | 90 | | 3.22examination ordered in accordance with the provisions of section 260B.157. |
|---|
| 91 | 91 | | 3.23 (b) If the court continues a case under paragraph (a) and the allegations contained in the |
|---|
| 92 | 92 | | 3.24petition that were admitted or proven include a violation of section 609.342, 609.343, |
|---|
| 93 | 93 | | 3.25609.344, 609.345, 609.3451, subdivision 3, or 609.3453, the court may continue the case |
|---|
| 94 | 94 | | 3.26for any period of time beyond 180 days during which the court has jurisdiction over the |
|---|
| 95 | 95 | | 3.27individual. |
|---|
| 96 | 96 | | 3.28 (b) (c) A prosecutor may appeal a continuance ordered in contravention of this |
|---|
| 97 | 97 | | 3.29subdivision. This subdivision does not extend the court's jurisdiction under section 260B.193 |
|---|
| 98 | 98 | | 3.30and does not apply to an extended jurisdiction juvenile proceeding. |
|---|
| 99 | 99 | | 3.31 (c) (d) A continuance granted under paragraph (a) for a violation of section 609.342; |
|---|
| 100 | 100 | | 3.32609.343; 609.344; 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23 or another |
|---|
| 101 | 101 | | 3.33offense arising out of a delinquency petition based on one or more of those sections that |
|---|
| 102 | 102 | | 3.34would require the child to register as a predatory offender under section 243.166 may be |
|---|
| 103 | 103 | | 3Sec. 3. |
|---|
| 104 | 104 | | REVISOR KLL/DG 25-0182301/09/25 4.1extended for additional successive periods not to exceed a total of 24 months so the offender |
|---|
| 105 | 105 | | 4.2can receive sex offender treatment, but only with the consent of the prosecutor and only |
|---|
| 106 | 106 | | 4.3after the court has reviewed the case and entered its order for the additional continuance |
|---|
| 107 | 107 | | 4.4without a finding of delinquency. |
|---|
| 108 | 108 | | 4Sec. 3. |
|---|
| 109 | 109 | | REVISOR KLL/DG 25-0182301/09/25 |
|---|