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Senate Counsel, Research and Fiscal Analysis
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Minnesota Senate Bldg.
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95 University Avenue W. Suite 3300
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St. Paul, MN 55155
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(651) 296-4791
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Alexis C. Stangl
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Director
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Senate
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State of Minnesota
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S.F. No. 1441 - Juvenile Delinquency Continuance Without Adjudication Time Extension; Expansion of Juvenile Diversion Programs (First Engrossment)
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Author:
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Senator Bobby Joe Champion
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Prepared By:
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Kenneth P. Backhus, Senate Counsel (651/296-4396)
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Date:
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March 10, 2014
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Section 1 amends the law on continuances without adjudication of delinquency. Under current law, a judge can order a continuance without adjudication of delinquency for up to 90 days (with a single 90 day extension) when the continuance is in the best interests of the child and the allegations in the delinquency petition are not in dispute (i.e., the child has already admitted them or they have already been proven). This section extends the continuance periods to 180 days. The 180 day extension may only be granted with the prosecutor’s approval. Also requires that a continuance not be inimical to public safety and broadens the conditions of the continuance to include any of the authorized disposition options for adjudicated delinquents, except a transfer of legal custody of the child to the commissioner of corrections. Authorizes a prosecutor to appeal a continuance ordered in contravention of this section.
Section 2 amends the county attorney juvenile diversion statute to add petty misdemeanor, juvenile petty, and juvenile traffic offenses to the list of offenses that diversion programs must address.
KPB/tg
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