SF4753

Purpose

To clarify which government entity pays for detention costs in juvenile delinquency cases. The bill sets rules for when counties are responsible for pretrial detention costs and how costs are allocated after a juvenile is adjudicated delinquent, with the aim of establishing clear funding responsibilities across different detention scenarios.

Main Provisions

• Detention at a state correctional institution for juveniles:
  • The commissioner of corrections must first consent to the detention.
  • The county where the child is detained must agree to pay the detention costs.
• Detention in an approved juvenile facility (with approval from the facility’s administrative authority or as provided in subdivision 4 or 260B.176(2)):
  • The detention costs are charged to the county of detention (the county determined under paragraph c).
• Preadjudication detention in a county other than the child’s residence:
  • The county requesting detention pays all preadjudication detention costs.
• Post-adjudication detention and care:
  • Once a child is adjudicated delinquent (per 260B.105, subd. 1, clause 2), any further costs of care are the responsibility of the county of financial responsibility as determined by chapter 256G.

Significant Changes to Existing Law

• Establishes clear funding responsibility by detention setting:
  • Specifies when the county where detention occurs pays (state detention or out-of-residence detention) versus when the county of financial responsibility pays after adjudication.
• Moves or confirms cost liability from a potentially diffuse basis to defined rules tied to detention location, consent requirements, and adjudication status.
• Ties post-adjudication costs to the statewide framework for determining county financial responsibility (chapter 256G).

Practical Effects

• Counties could see changes in who pays for juvenile detention costs depending on where a child is detained and whether the child has been adjudicated delinquent.
• The commissioner of corrections’ consent and facility approvals become part of the process for state-detention scenarios, linking funding to both state and local approval.

Potential Implications

• May affect county budgets and planning for juvenile justice funding.
• Could influence decisions about where to detain a juvenile if multiple facilities are involved.

Relevant Terms - detention costs - state correctional institution for juveniles - pretrial detention - approved juvenile facility - administrative authority - paragraph c (cost determination) - county of residence - county requesting detention - preadjudication costs - adjudicated delinquent - county of financial responsibility - chapter 256G