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Current as of January 01, 2025 | Updated by Findlaw Staff
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given them.
(b) “Chemical dependency treatment” means a comprehensive set of planned and organized services, therapeutic experiences, and interventions that are intended to improve the prognosis, function, or outcome of patients by reducing the risk of the use of alcohol, drugs, or other mind-altering substances and assist the patient to adjust to, and deal more effectively with, life situations.
(c) An offender has “failed or refused to successfully complete” treatment when, based on factors within the offender's control, the offender is not able to substantially achieve the program's goals and the program's director determines that, based on the offender's prior placement or treatment history, further participation in the program would not result in its successful completion.
(d) “Probation” has the meaning given insection 609.02, subdivision 15.
(e) “Sex offender treatment” means a comprehensive set of planned and organized services, therapeutic experiences, and interventions that are intended to improve the prognosis, function, or outcome of patients by reducing the risk of sexual reoffense and other aggressive behavior and assist the patient to adjust to, and deal more effectively with, life situations.
Subd. 2. When commitment required. (a) A court having jurisdiction over a child shall commit the child to the custody of the commissioner of corrections or place the child at the Minnesota Correctional Facility-Red Wing if the child:
(1) was previously adjudicated delinquent or convicted as an extended jurisdiction juvenile for an offense for which registration undersection 243.166was required;
(2) was placed on probation for the offense and ordered to complete a sex offender or chemical dependency treatment program; and
(3) subsequently failed or refused to successfully complete the program.
(b) If the child was initially convicted as an extended jurisdiction juvenile, the court may execute the child's adult sentence undersection 260B.130, subdivision 4. Notwithstanding paragraph (c), if the court does not do this, it shall comply with paragraph (a).
(c) A court may place a child in an out-of-state facility if the court makes a finding on the record that the safety of the child or the safety of the community can be best met by placement in an out-of-state facility or that the out-of-state facility is located closer to the child's home.
Subd. 3. Repealed byLaws 2009, c. 59, art. 4, § 9, eff. Aug. 1, 2009; Laws 2009, c. 83, art. 3, § 24, par. (a), eff. May 16, 2009.
Cite this article: FindLaw.com - Minnesota Statutes Public Welfare and Related Activities (Ch. 245-267) § 260B.201. Mandatory commitment to commissioner of corrections - last updated January 01, 2025 | https://codes.findlaw.com/mn/public-welfare-and-related-activities-ch-245-267/mn-st-sect-260b-201/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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