POLICY

Amend Minnesota’s Extended Juvenile Jurisdiction statute to enhance its effectiveness by: (1) reinstating state funding to partially offset increased placement costs; (2) clarifying language on use of local adult correctional facility for detention; and (3) allowing use of a local adult correctional facility as a consequence for EJJ offenders who are 18 or over.

BACKGROUND

When the 1994 Legislature created the Extended Juvenile Jurisdiction statute, the primary element was the addition of a stayed adult sentence that would be executed in the event that EJJ status were revoked before an offender’s 21st birthday.  This element serves as an incentive for these serious juvenile offenders to straighten out their lives and provides a strong public safety response if they do not. MCA believes the EJJ law reflects sound correctional practice and enhances public safety. It can be improved by:

1.      Reinstating funds – Providing services for EJJ offenders is costly: residential and correctional placements are expensive and many EJJ offenders need intensive supervision upon release.  Recent cuts in state funding have eliminated the $1.998 million to Counties.   This has significantly reduced the resources available to counties to provide quality programming.  Therefore, MCA is recommending restoration of these funds.

2.      Clarifying language – The Rules of Juvenile Procedure (19.09) allow the use of adult detention facilities to detain probationers on EJJ status age 18 or over while awaiting a revocation hearing.  But the statute (260b.130) contains no such wording.  MCA recommends that the following language (taken from Rule 19.09) be added to statute 260b.130, subdivision 5:

“If the probationer is under 18 years of age and is to be detained prior to the revocation hearing, the probationer may only be detained in a juvenile detention or shelter facility.  If the probationer is 18 years of age or older and is to be detained prior to the revocation hearing, the probationer may be detained in a local adult correctional facility.”

3.      Allowing the use of local adult correctional facility as a consequence – Currently, a local adult correctional facility is not allowed as a consequence for a probationer who has violated probation but remains under EJJ status. MCA recommends that statute be amended, allowing the Court to use either a juvenile facility or a local adult correctional facility when detaining juveniles designated as EJJ who are age 18 or over based upon the circumstances of the case.

¨      Using a local adult correctional facility instead of juvenile facilities can be a cost savings to counties. 

¨      The option to use a local adult correctional facility reduces the problem of placement availability (some juvenile facilities won’t accept 18-, 19, or 20-year-olds), while allowing for a needed short-term consequence.

¨      Research indicates that exposure of low-risk youthful offenders (those who might be found in a juvenile detention facility) to high-risk offenders (EJJ offenders who are over 18) increases the likelihood that the low-risk offenders will become high risk.

The option to use a local adult correctional facility simply allows the Courts to decide the most appropriate placement.   

For more information, contact:
Cal Saari (218/885-1375)

11/10/07