Beginning August 1 of this year, Minnesota will no longer allow 10-, 11- and 12-year-old children to be criminally prosecuted.
The law, which was originally passed by state legislators two years ago, states that children under the age of 13 who are considered delinquent or who have broken a state law will be redirected to social services. This is probably a step in the right direction for a few reasons. For starters, there’s few very children in this 10-12 year range that commit intentional criminal acts, and when they do, oftentimes are found incompetent to stand trial, meaning they walk out of court with no resources. With this bill, these kids will now be referred to social services where they can be connected with diversion programs and other community resources to get their life back on track while they are still young an impressionable.
However, there are concerns that social services agencies will be able to successfully handle an influx of temperamental and at-risk youths, including from these groups themselves.
“I think that this law change will be really helpful for youth that are starting to go down a path that they shouldn’t, that we can try and bring alongside those families and youth some well-needed resources and supports,” said Anne Broskoff, the Human Services Director in Brown County and member of the Minnesota Association of County Social Service Administrators (MACSSA). “But I’m worried about our capacity to serve the breadth of what this law can bring, and I have some worries about community safety and youth safety.”
She hopes legislators consider different options for violent offenders or give social services groups more resources and training for assisting these children. Her groups are asking the state to amend the law to make an exception to prosecute and securely house children ages 10 through 12 who commit serious violent crimes.
“From a human services perspective, that’s a role that we’re not used to dealing with in terms of addressing public safety for people that commit crimes against other people,” said Broskoff. “We really are looking for some reasonable exceptions for those violent crimes.”
Other groups feel the same way.
“There are concerns around the kids that may commit the serious offenses and the lack of available placement options for them,” said Emilio Lamba, a representative of The Minnesota Association of Community Corrections Act Counties and the Association of Minnesota Counties. “Whether they are going to end up in secure detention, if that mechanism exists, or if county staff may have to potentially sit with these children in county offices, hotels, until they can find the appropriate placements.”
State lawmakers were asked to delay the changes another year, but no changes were made, and the law will go into effect in less than two months. Once in effect, juvenile detention facilities across Minnesota will be unable to place a child under 13 on a hold.
“The [DOC] is also working with facilities on how they might continue to work with that age group if they are interested in doing so,” a spokesperson for the Minnesota Department of Corrections said in a statement. “The state of Minnesota will be offering training to the courts and law enforcement agencies about these changes soon.”
We believe in second chances and getting offenders the help the need to get their life back on track, and hopefully social service agencies can find ways to do that once this new law goes into effect. They’ll want to start preparing as soon as possible, and while this group of offenders is very small in Minnesota, it’s a group that definitely needs resources when the time comes.
If you’re a teen or a parent of a teen facing criminal charges in Minnesota, let the team at Appelman Law Firm help get your life back on track. Give our team a call today at (952) 224-2277.
