Juvenile Rules/Definitions 

Stearns County Attorney
County Attorney: Janelle P. Kendall

Juvenile petty Offender

MN State Statute 260B.007, subd. 16

Juvenile alcohol; controlled substance; tobacco; ordinance which prohibits conduct under the age of 18

Non-traffic misdemeanor-level offense except for:

  • Criminal Contempt of Court
  • 5th Degree Assault
  • Domestic Assault
  • Prostitution
  • 3rd Degree Arson
  • Negligent Fires
  • Dangerous Weapons
  • Indecent Exposure
  • Interference with Privacy
  • Obscene or Harassing Telephone Calls


Excluded:

  • Traffic Offenses
  • Misdemeanor-level offense if the juvenile court previously found that the child committed a misdemeanor, gross misdemeanor or felony (not including Diversion)
  • Misdemeanor-level offense if the juvenile court previously found that the child committed two or more prior misdemeanor-level juvenile petty offenses on or after July 1, 1995 (not including Diversion)


Disposition

MN State Statute 260B.235, subd. 4

  • Fine of $100
  • Community Service Work
  • Participate in a Drug Awareness Class
  • Probation for up to six months
  • Chemical Dependency Evaluation / Outpatient Treatment Program
  • Restitution
  • Perform any other activities or participate in outpatient treatment programs


Limitations of Supervision

  • Maximum of six months probation, regardless of compliance
  • Unable to place outside of the home
  • Unable to request detention based on non-compliance of conditions
  • Warrant for immediate custody may only be issued by the court IF the child committed a juvenile petty offense or a juvenile traffic offense AND the child failed to appear after having been personally served with a summons or subpoena, or reasonable efforts to personally serve the child have failed (Rules of Court 4.01, Subd. 1)


Delinquency
MN State Statute 260B.007, subd. 6

  • One who has violated any state or local law except as provided in MN State Statute 260B.225 and 260B.235 (Juvenile Traffic Offenders and Juvenile Petty Offenders)
  • One who has violated a federal law or a law of another state which would be considered an act of delinquency if committed in this state or a crime or offense if committed by an adult
  • Escaped from confinement to a state correctional facility after being committed to the commissioner of corrections
  • Escaped from confinement to a local juvenile correctional facility after being committed by the court


Excluded

  • All youth prior to ten years of age
  • Truancy and Runaway
  • Juvenile Petty Offenders and Juvenile Traffic Offenders


Disposition
MN State Statute 260B.198

On each of the charges found by the court to be proved, the court shall:

  • Adjudicate the child delinquent, OR
    Continue the case without adjudication for two 90-day periods
  • Out of Home Placement (Treatment, Correctional, Foster Home, Group Home)
  • Fine not to exceed $700
  • Random Drug Testing
  • Indefinite Probation - reviewed by the court every six months, not to exceed 19th birthday
  • Chemical Dependency Evaluation
  • Electronic House Arrest
  • Remain in School
  • Community Service Work
  • Restitution
  • Educational Programs
  • Commitment to Commissioner of Corrections
  • Other conditions as the court deems appropriate


Limitations of Supervision

  • Warrant for Immediate Custody (Pick-Up Order) MUST be signed by the court PRIOR to any action initiated by probation. The Probation Agent is not able to expedite the process by giving law enforcement either verbal or written authorization. The immediate decision to detain a child is dependent upon the officer at the scene when no action has been initiated by probation.
  • Probation Agent can not require a drug test without a court order or amended disposition
  • Violations of Probation must be substantiated by facts and not hearsay
  • Placement outside of the home should be in the best interests of the child and is considered a short-term solution for a long-term problem.
  • Jurisdiction and supervision must end by the age of 19 regardless of compliance
  • Any offense committed after reaching the age of 18 is handled in the adult court system
  • Most juvenile residential facilities will not accept nor are licensed for 18 year olds


Extended Juvenile Jurisdiction - EJJ

MN State Statute 260B.130, subd. 1

  • Child is 14 to 17 years of age at the time of the felony at the time of the offense and the court designated EJJ after a certification hearing.
  • Child is 16 or 17 at time of offense and committed an offense that would be a presumptive commit to prison as an adult OR committed a felony involving a firearm.
  • Child is 14 to 17 years of age, prosecutor requested EJJ status and the court designated as EJJ


Disposition
MN State Statute 260B.130, subd. 4

  • Impose one or more juvenile dispositions AND
  • Impose an adult criminal sentence, which shall be stayed on the condition that the offender not violate the provisions of the disposition order
  • Juvenile disposition outcomes would be the same/similar to a Delinquency disposition with some exceptions:
  • Child more than likely would be placed at MCF-Red Wing for 6-9 months or other appropriate out-of-home correctional placement
    Must participate in EJJ Wraparound supervision after release from correctional facility


Supervision

  • Jurisdiction remains until the child reaches the age of 21
  • Violation of the juvenile disposition would result in execution of the adult criminal sentence and juvenile jurisdiction is terminated
  • Most juvenile residential facilities will not accept nor are licensed for 18 years of age or older


Warrant for Immediate Custody

  • Must be signed by the court PRIOR to any action initiated by probation. Probation is not able to expedite the process by giving law enforcement either verbal and/or written authorization. The immediate decision to take a child into custody is dependent upon the law enforcement officer on the scene, when no request has been warranted by probation.