Juvenile Detention

Juvenile Detention

Clarifies detention placement options for extended jurisdiction juveniles pending revocation hearings. Provides that the offender may be detained in a secure juvenile detention facility. If there is no secure juvenile detention facility or existing acceptable detention alternative available for juveniles within the county, the child may be detained up to 24 hours, excluding Saturdays, Sundays, and holidays, or for up to six hours in a standard metropolitan statistical area, in a jail, lockup, or other facility used for the confinement of adults who have been charged with or convicted of a crime. In this instance, the person must be confined in quarters separate from any adult confined in the facility that allow for complete sight and sound separation for all activities during the period of the detention, and the adult facility must be approved for the detention of juveniles by the Commissioner of Corrections.

If the person is 18 years of age or older and is to be detained prior to the revocation hearing, the person may be detained in a local adult correctional facility without the need for sight and sound separation.

Please remember that the interpretation and analysis presented here is not intended to be legal advice.  If you are seeking legal advice please contact us for a free consultation and actual examination the issues that your case may present.


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CHAPTER 330--S.F.No. 2755
An actrelating to public safety; clarifying detention placement options
for extended jurisdiction juveniles pending revocation hearings;amending
Minnesota Statutes 2008, section 260B.130, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. Minnesota Statutes 2008, section 260B.130, subdivision 5, is amended to
read:
Subd. 5. Execution of adult sentence. (a) When it appears that a person convicted
as an extended jurisdiction juvenile has violated the conditions of the stayed sentence,
or is alleged to have committed a new offense, the court may, without notice, revoke the
stay and probation and direct that the offender be taken into immediate custody. The court
shall notify the offender in writing of the reasons alleged to exist for revocation of the
stay of execution of the adult sentence. If the offender challenges the reasons, the court
shall hold a summary hearing on the issue at which the offender is entitled to be heard and
represented by counsel.
(b) If a person described in paragraph (a) is taken into custody, the person may be
detained in a secure juvenile detention facility. If there is no secure juvenile detention
facility or existing acceptable detention alternative available for juveniles within the
county, the child may be detained up to 24 hours, excluding Saturdays, Sundays, and
holidays, or for up to six hours in a standard metropolitan statistical area, in a jail, lockup,
or other facility used for the confinement of adults who have been charged with or
convicted of a crime. In this instance, the person must be confined in quarters separate
from any adult confined in the facility that allow for complete sight and sound separation
for all activities during the period of the detention, and the adult facility must be approved
for the detention of juveniles by the commissioner of corrections.
If the person is 18 years of age or older and is to be detained prior to the revocation
hearing, the person may be detained in a local adult correctional facility without the need
for sight and sound separation.
(c) After the hearing, if the court finds that reasons exist to revoke the stay of
execution of sentence, the court shall treat the offender as an adult and order any of the
adult sanctions authorized by section 609.14, subdivision 3, except that no credit shall
be given for time served in juvenile facility custody prior to a summary hearing. If the
offender was convicted of an offense described in subdivision 1, clause (2), and the court
finds that reasons exist to revoke the stay, the court must order execution of the previously
imposed sentence unless the court makes written findings regarding the mitigating factors
that justify continuing the stay.
(d) Upon revocation, the offender's extended jurisdiction status is terminated and
juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction,
other than commitment to the commissioner of corrections, is with the adult court.
Presented to the governor May 10, 2010
Signed by the governor May 13, 2010, 9:51 a.m.


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