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Delinquency
Services Summary
Combination
State:
Delinquency services are primarily organized at the local
level in Minnesota; however, local autonomy produces several
different scenarios. The
counties, the Department of Corrections, and private contractors
provide detention services.
Delinquency intake screening is the responsibility of either
the county attorney or the juvenile court administration,
depending on the county. Juvenile probation officers are responsible
for predisposition investigations and probation supervision.
Counties in Minnesota operate under one of three probation
systems. Each of these options is described in the probation
supervision section of this profile.
The Department of Corrections operates juvenile correctional
facilities.
Court(s)
with Delinquency Jurisdiction
District Courts exercise jurisdiction over delinquency proceedings,
except in St. Louis County where the probate court serves as the
juvenile court. District Courts are trial courts of general jurisdiction.
For more information, visit the Minnesota
Court System's web site.
Highlights
Proposed
Amendments to the Minnesota Rules of Juvenile Delinquency
Procedure
A report
filed by the Minnesota Supreme Court Juvenile Delinquency
Rules Committee recommends changes to the Rules of Juvenile
Delinquency Procedure. Proposed amendments address issues
such as the maximum period for the detention of juveniles
pending a probation violation hearing, right to counsel, and
extended jurisdiction juvenile proceedings, prosecution, and
appeals.
Detention
Detention facilities are administered in a variety of ways
in Minnesota, including by county commission or board, county
executive or manager, state juvenile agency, sheriff or police
chief, and private contractor. Counties fund detention, with
subsidies available from the Minnesota Department of Corrections
(DOC) for the construction or rehabilitation of juvenile detention
facilities or for maintaining adequate facility operations
or alternative detention programs. Detention options include
secure detention, holdover facilities, shelters, home detention,
and electronic monitoring. DOC’s
Community Services Division, Facilities Inspection and Enforcement
Unit, licenses and inspects a total of 21 facilities with
designated detention beds to monitor compliance with its standards.
Some beds in these facilities are licensed as both residential
and detention beds.
Juveniles
may be detained prior to adjudication and post adjudication
while awaiting disposition or placement, but may not be committed
to detention as a disposition. Youth can be detained as a
sanction for a probation violation.
By
statute, juveniles may be detained if they are a danger to
themselves or others; to ensure their appearance at subsequent
hearings; if they are a risk to flee; or if their immediate
health or welfare is endangered. Once detained, juveniles
must be released if a petition is not filed within 36 hours.
The
use of risk assessments at detention screening varies from
county to county. For example, the Dakota Juvenile Detention
Center in Dakota County uses the Massachusetts Youth Screening
Instrument (MAYSI).
Delinquency Intake Screening
Depending on the county's intake procedure, juvenile court administration
or county attorneys' offices receive all referrals regarding delinquent
youth. While the majority of referrals come from law enforcement,
they may also come from probation officers/agents, welfare agencies,
school officials, parents, and community members; however, this
may vary by county. Generally, the county attorney, after determining
the charges, will decide whether the case will be handled formally
or informally.
Diversion
Juveniles classified as Juvenile Petty Offenders (first-time theft,
shoplifting, or disorderly conduct offenders) are typically diverted
from formal court processing; however, eligibility requirements
may vary from county to county. By statute, every county attorney's
office must establish a pretrial diversion program for juvenile
offenders. The prosecutor usually makes diversion decisions.
Formal
diversion procedures and available programs may also vary. Options
for diversion include peer courts/teen courts, restitution, and
community service, among others. In addition to county attorneys'
offices, local courts and community-based agencies may run diversion
programs. Minnesota statute (section 388.24) outlines the requirements
for county attorneys' establishment of diversion programs.
The
peer court diversion program in Dakota County is an alternative
sentencing program in which first-time juvenile offenders and second-time
property crime offenders come before a jury of their peers, which
recommends dispositions that emphasize individual accountability
and responsible decision-making. Dispositions may include participating
in community service, substance abuse counseling, or in a future
peer court as a juror. For more information on this program and
other diversion programs available in Dakota County, visit www.co.dakota.mn.us/attorney/attorney_avail.htm.
Predisposition
Investigation
Juvenile probation officers/agents perform predisposition investigations.
Although it is not state mandated, many counties use some form of
risk/needs assessment instrument or standardized assessment tool
to prepare the predisposition report. Many departments across Minnesota
use the Youth Level of Service/Case Management Inventory, but instruments
used may vary from county to county. Almost all jurisdictions use
risk assessments with all types of offenders.
Victim
Rights and Services
Minnesota
law states that victims of juvenile offenders have the
same rights as victims of adult offenders. (Although there
is a chapter in Minnesota Statutes that is often referred
to as the "Crime Victim Bill of Rights," there is
no constitutional provision regarding victim rights. In addition
to this chapter, numerous other victim rights can be found
in various sections of the law). The rights of victims in
Minnesota include the right to be notified of the final disposition
of the case, the content of plea agreements, and the release/transfer/escape
of the offender; the right to participate in the prosecution
of the case; the right to protection from harm; and the right
to apply for financial assistance. Victims’ rights are
listed here.
The
Office
of Justice Programs, Center for Crime Victim Services
supports a network of victim services, including crime victim
reparations, victim and community notification, distribution
of state and federal funds to over 160 victim service programs
throughout the state, and a Victim
Service Provider Directory. The Center’s
Crime Victim Justice Unit provides information and referral
services to victims and conducts investigations of mistreatment
of victims or violations of victim rights. The Center’s
Crime Victims Reparations Board compensates victims for
losses due to violent crime. Victims may file claims for medical
expenses, mental health counseling, lost wages, funeral/burial
costs, moving expenses, child care, travel, and rehabilitation.
Many
victims also have access to VINE
(Victim Information and Notification Everyday), an automated
system that immediately notifies registered users via telephone
of changes in an offender’s status, such as release,
transfer, or escape. Users may also access custody information
24 hours a day, 7 days a week. A handful of Minnesota counties
do not have VINE.
Probation
Supervision
Counties
in Minnesota operate under one of three probation systems:
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Community Corrections Act (CCA)
Any Minnesota county or group of contiguous counties
with a population exceeding 30,000 may elect to enter the
CCA. There are currently 17 jurisdictions, representing
32 counties organized under this system. The county or jurisdiction
provides all correctional services. Funding is provided
by a combination of state subsidy, county tax dollars, and
various state and federgal grants. This system is overseen
by a Corrections Advisory board in each jurisdiction, which
must submit a comprehensive plan for approval by the DOC.
For more information, visit the Minnesota
Association of Community Corrections Act Counties web site.
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County Probation Officers (CPO)
CPOs work at the pleasure of the county's Chief Judge.
Supervision is provided by the County's Court Services Director.
Salary and fringe benefits of the director and CPPOs are
eligible for reimbursement by the state of up to 50% depending
on funds available if the county follows the state pay scale.
CPOs in these counties supervise all juveniles and most
adult misdemeanant offenders. There are currently 28 counties
utilizing this method of correctional delivery system.
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Minnesota Department of Corrections (DOC)
The DOC provides felony probation and supervised release
services in the 55 counties that are not a part of the Minnesota
Community Corrections Act. State provided services are under
the direction of 12 district supervisors, and the full cost
is borne by the State of Minnesota.
In addition to felony services, the DOC also provides juvenile
and adult misdemeanant services to the court in 27 counties.
These counties, referred to as contract counties, are billed
for service costs, including agent salary and fringe benefits.
Counties are eligible for up to 50% reimbursement of these
costs depending on funds available.
The DOC also provides Intensive Supervised Release services,
either directly under 2 ISR supervisors or through contracts
with 6 CCA jurisdictions.
Delivery
Systems Statutory Citations
DOC - M.S. 241 and 244.19
CCA - M.S. 401
CPO - M.S. 244.19
A
good description of Minnesota's three probation systems can
be found in Funding
for Probation Services, a report by the Program Evaluation
Division of the Office of the Legislative Auditor, State of
Minnesota.
There
is no statewide, mandated philosophical approach that guides juvenile
probation practice in Minnesota. Guiding principles vary from county
to county, and may include restorative justice, a balanced approach,
social work, or public safety, or any combination of these approaches
and others.
In
the majority of counties in Minnesota, caseloads consist solely
of juvenile offenders; however, depending on the size of the
county, probation officers may carry a combined caseload of
juvenile and adult offenders. Generally, juvenile probation
officers are called agents in Minnesota. While
not mandated, the majority of counties use risk/needs assessment
instruments to determine levels of probation supervision.
Instruments used vary across jurisdictions, and include the
Youth Level of Service/Case Management Inventory (YLS/CMI)
and the Wisconsin risk assessment tool. Also, counties may
use other specialized tools for risk assessments on specific
populations, such as the POSIT (Problem-Oriented Screening
Instrument for Teenagers). A description of the instruments
used, including the YLS/CMI, can be found on the Minnesota
Association of Community Corrections Act Counties' Assessments
web page.
Requirements
for the creation of individualized supervision plans vary
from county to county. DOC probation system counties, for
example, are required to develop individualized plans using
a standard format (the Juvenile Case Plan form outlined in
the Department of Corrections' policy and procedure manual).
In Hennepin County, a CCA probation system county, probation
staff are required to create individualized plans for their
cases, with a focus on cases in which juveniles are or will
eventually be in out-of-home placement. In Wright County,
a CPO probation system county, individualized plans are not
required, but screening teams made up of juvenile agents and
supervisors review and/or revise case plans each week.
In
most counties, juvenile probation agents work out of central
offices; however, some probation departments have offices
out in the community, such as in city halls and schools. Non-traditional
practices also vary. In 2003, Hennepin County began decentralizing
some probation services away from downtown Minneapolis and
into several neighborhoods. One neighborhood juvenile probation
office, which serves 1,300 juveniles and their families, is
located behind a county service center that provides access
to services from social workers, vocational counselors, economic
assistance staff, and a public health nurse. Hennepin County
also recently opened its first suburban juvenile probation
office in a school that serves juveniles with emotional/behavioral
disorders and other disabilities and needs; the school also
houses mental health and social service agencies, a police
liaison officer, and other on-site services.
Specialized
probation programs vary from county to county, along with
their funding sources. In Hennepin County (CCA probation system),
for example, specialized programs include a special unit for
Extended Jurisdiction Juvenile caseloads, institutional aftercare
caseloads, an outpatient drug and alcohol program, and specialized
officers with only sex offender caseloads. These programs
are funded through a mix of state and county funds.
Minnesota
has begun to evaluate the interim or long-term effectiveness
of the supervision of juvenile offenders and have been tracked
statewide since the last Legislative Auditors Report issued
in 1995.
Juvenile
Probation Officer Qualifications, Certification, and Training
Generally, juvenile probation officers/agents in Minnesota are required
to have a bachelor's degree in a behavioral science field, or a
combination of education (such as 60 semester credits) and experience
(such as providing case management services in corrections, treatment,
or residential services). Specific requirements vary depending on
the county.
Minnesota
does not certify its juvenile probation officers/agents.
Training
requirements may differ from county to county. In the Department
of Corrections (DOC) system counties, for example, new juvenile
probation officers/agents must attend 40 hours of orientation
as well as training in motivational interviewing and using
the Youth Level of Service/Case Management Inventory assessment
instrument within one year of their hire. After the first
year, they are required to have 40 hours a year of ongoing
training. The Minnesota Department of Corrections provides
and funds the training for DOC-contracted counties, and also
offers most of its agent training to county agents who are
charged $20 a day for the training. The training policies
of the Department of Corrections can be found in Part 1 (Administration
and Management) of its Policies,
Directives and Instructions Manual.
Juvenile
Corrections Continuum
The Minnesota
Department of Corrections’ Facility Services Division
administers juvenile correctional facilities for males (MFC-Red
Wing, a fenced facility for serious and chronic offenders,
and MFC-Togo,
a minimum security, early intervention program), while the
Commissioner's
Office, Juvenile Services Division is responsible for
the Woodland
Hills Girls Program for girls committed to DOC. The Juvenile
Services Division is also responsible for the coordination
and oversight of Minnesota’s community-based juvenile
re-entry services for the department. The Juvenile Services
Division also has the task of collaborating with the additional
juvenile justice delivery systems to continually develop a
comprehensive juvenile justice model.
The
Sentencing
to Service Program of the Department of Corrections’
Community Services Division provides a sentencing alternative
for juvenile courts in Minnesota. It puts carefully selected,
non-violent property offenders to work on community improvement
projects. The Restorative Justice Unit (restorative justice
initiative) assists interested counties in developing a restorative
justice correctional system (i.e., one that involves the community
more broadly, emphasizes offender accountability, addresses
the needs of victims, and repairing the harm done by the crime).
Commitment to State
Commitments to the Department of Corrections (DOC) are indeterminate.
DOC program administrators determine the length of commitment
through the development of a case plan. The case plan, however,
is subject to the juvenile court judge's review and approval.
An adjudicated delinquent may not be placed in a licensed
secure treatment facility unless the juvenile court approves
the placement. However, the program administrator may determine
the juvenile's length of stay in the secure portion of the
facility.
Upon
a juvenile's commitment, DOC makes placement decisions. Placement
options include the state correctional facilities, a conservation
camp, alternative residential programs, group or foster homes,
or private facilities. For juveniles committed to DOC, the
Commissioner is responsible, via transitional agents or parole
agents, to supervise them while in placement. The Commissioner
maintains this responsibility until the juveniles are discharged
from parole status.
While
not required, a risk/needs assessment tool is typically used
when making placement decisions. Most counties in Minnesota
are using or are planning to use the Youth Level of Service/Case
Management Inventory as their risk/needs assessment tool.
In addition, the Minnesota Department of Corrections has created
Juvenile
Commitment Criteria to be used when placing juvenile males
at the Red Wing juvenile correctional facility and for juvenile
females. These criteria are used to classify juveniles as
serious offenders, chronic offenders, or sex offenders.
Blended
Sentencing
If
a juvenile is 14 to 17 years old and is charged with any felony,
the prosecutor may request that the court try the case as
an "extended jurisdiction juvenile prosecution." EJJ offenders
may be given a juvenile disposition along with an adult one,
which may be stayed if the juvenile completes the terms of
the juvenile sentence. If the juvenile does not complete the
juvenile disposition, the adult sentence may be imposed. Minnesota
Statutes section 260B.130 outlines specific criteria for designating
a case as an extended jurisdiction juvenile prosecution. For
more information on extended jurisdiction juvenile prosecutions
in Minnesota, download Juveniles
Facing Criminal Sanctions: Three States That Changed the Rules.
For more information concerning Minnesota's blended sentencing
provisions, click here.
Direct Placement
The juvenile court can place a juvenile in a private residential
facility without committing him or her to the Minnesota Department
of Corrections. Judges have various options for out-of-home placements,
such as foster homes or residential treatment centers. Correctional
agents supervise such juveniles.
Release
Institutional staff makes the release decision based on the
facility's determination that the youth has successfully completed
the case plan. The Community
Services Division, Policy and Legal Services Unit, Hearings
and Release Unit of the Minnesota Department of Corrections
(DOC) grants and revokes parole and supervised release. The
Youth Level Service Inventory (YLSI) is used upon intake and
a final is done prior to release from the 90-day furlough..
Consideration for parole comes after a lengthy facility programming
regimen and a minimum 90-day furlough back into the community.
In order to reach the furlough stage, a juvenile must meet
all of his or her treatment/program goals and objectives while
still a resident of the facility. In order to be granted parole,
the juvenile must be successful in his or her extended furlough.
Since
the juvenile court relinquishes jurisdiction to DOC upon committing
a juvenile to the state, there are no court review requirements.
The exception is for Extended Jurisdiction Juveniles, whose adult
sanction may be pronounced if they do not satisfy their juvenile
sanction.
Aftercare/Re-entry
Juvenile Re-entry is a component of the Juvenile Services
Division. Aftercare services are provided for youth completing
the programming at the DOC facilities. Supervision is founded
on an Intensive Aftercare model, which has been noted as abest
practice by the Office
of Juvenile Justice and Delinquency Prevention (OJJDP).
A continuum of services is provided through the development
of a re-entry support team. Graduated re-entry services are
provided through short-term and 90-day supervised furloughs.
This progression back into the community allows the youth
to assess his/her strengths and barriers to the vast stimuli
in the community. The furlough process is managed in collaboration
with the re-entry support team. This team consists of but
is not limited to Probation Officers, Parents, Community Members,
and Mentors. The purpose of the team is to assist the youth
by developing an individualized case plan based on the assessment
provided by the YLSI (Youth Level of Service Inventory). Re-entry
staffings are held to ensure continuity of services from institution
to community. County
aftercare programs vary. In Wright County, for example, the
Intensive Aftercare Program provides supervision for a specialized
caseload of juveniles who are returning to their homes/communities
following placements of 90 days or longer. In this program,
agents work only non-traditional hours and use electronic
monitoring, drug screens, and community contacts to ensure
juvenile accountability.
State
Laws
Legal
Resources
Minnesota's
Juvenile Code resides in sections 260B.001 to 260B.446 of Chapter
260 Juveniles
Minnesota
Court Rules - Home page - Amendments to rules. Complete sets of
rules are currently only available for Appellate Procedure. Full
sets of rules for other areas will be available as they are converted
for the Minnesota
Court Rules web site.
Minnesota
State Bar Association
Purpose
Clause
To read Minnesota's purpose clauses for delinquency proceedings
and juvenile corrections, click
here.
Delinquency Jurisdiction (as of the end of the
2005 legislative session)
Lower Age: 10
Upper Age: 17
Extended
Age of Delinquency Jurisdiction: 20
Extended
Age of Delinquency Jurisdiction
In Minnesota,
the extended age of juvenile court jurisdiction is 19; however,
for "extended jurisdiction juveniles" and offenders who fail to
appear at any court hearing or any placement under court order,
or who abscond from any placement under court order, the court may
extend jurisdiction until the offender is 21 years old.
Juvenile
Transfer Laws
For information on Minnesota's juvenile transfer laws, click
here.
Juvenile
Justice Leadership
Minnesota
Juvenile Justice Advisory Committee
The
Minnesota Juvenile Justice Advisory Committee (JJAC) is appointed
by the Governor pursuant to the federal Juvenile Justice and
Delinquency Prevention Act. The JJAC makes recommendations
to the Governor and the Legislature regarding issues related
to juvenile justice. Program areas that the JJAC has focused
on include delinquency prevention, diversion, and pre-adjudication
services; post-adjudication programs; and aftercare programs.
Resources/Contacts
Criminal
Justice Statistics Center at Minnesota Planning
(Statistical Analysis Center)
Department
of Economic Security, Office of Youth Development
Minnesota
Association of Community Corrections Act Counties
Minnesota Association of County
Probation Officers
Minnesota
Corrections
Minnesota
Court System
Minnesota
Department of Corrections, Juvenile Services Division
Minnesota
Department of Public Safety, Office of Justice Programs
Minnesota
Juvenile Justice Advisory Committee
Minnesota
State Bar Association
Carrie
Wasley
Juvenile Justice Specialist
MN Department of Public Safety
Office of Justice Programs
444 Cedar Street, Suite 2300
Saint Paul, MN 55101
Phone: (651) 201-7348
The
National Center for Juvenile Justice strives to make each State
Profile as accurate as possible. Please bring any errors, updates,
or additions to the attention of the State
Profiles project manager. Persons listed as state contacts are
not responsible for information contained in these profiles.
© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice
Citation: National
Center for Juvenile Justice. 2006. "Minnesota." State Juvenile
Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.
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