Provisions regarding juvenile delinquency could change, including stays of adjudication and the continuance period allowed.
Sponsored by Rep. Joe Mullery (DFL-Mpls),
HF2707 would permit a judge to stay the adjudication of delinquency and continue a case for up to 180 days if it is in the best interest of the child and public safety, and the child has admitted to the allegation. Current law is 90 days. The bill would also permit a court, with consent of the prosecutor, to renew the case for an additional period up to the child’s 19th birthday.
Approved March 11 by the House Public Safety Policy and Oversight Committee, the bill awaits action on the House floor. A companion,
SF2788, sponsored by Sen. Mee Moua (DFL-St. Paul), has been included in an omnibus judiciary bill.
“When we have control of the juvenile, they are placed under a stay of adjudication and often given treatment, often given requirements to their activities,” said Mullery, who worked with county attorneys, probation officers and public defenders on the bill.
Under a stay of adjudication, a conviction will not go on the offender’s record if he or she completes all court-ordered conditions.
Other provisions include the right to take DNA from juveniles receiving a stay of adjudication of delinquency for 10 crimes, including assault, robbery, criminal sexual conduct and murder.
Doug Johnson, co-chair of the Juvenile Law Committee of the Minnesota County Attorneys Association, said the association supports the bill.
“The courts have not been consistent in when to stay adjudication for juveniles. This bill answers that concern,” he said. “Juvenile sex offenders have not received treatment because they received stays of adjudication and been discharged after six months. This bill answers that concern. … Juveniles who receive a stay of adjudication do not have to give a DNA sample. This answers that concern. Juveniles who receive a stay of adjudication for committing a crime of violence were not prohibited from possessing a gun. This answers that concern.”