HF 2864

as introduced - 86th Legislature (2009 - 2010) Posted on 02/10/2010 03:26pm

A bill for an act
relating to public safety; authorizing a pilot project to allow judges to order
electronic monitoring for domestic abuse offenders on pretrial release; amending
Minnesota Statutes 2008, section 629.72, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 629.72, subdivision 2a, is amended to read:

Subd. 2a.

Electronic monitoring; condition of pretrial release.

(a) Until the
commissioner of corrections has adopted standards governing electronic monitoring
devices used to protect victims of domestic abuse, the court, as a condition of release, may
not order a person arrested for a crime described in section 609.135, subdivision 5a,
paragraph (b), to use an electronic monitoring device to protect a victim's safety.

(b) Notwithstanding paragraph (a), district courts in the Tenth a judicial district
may establish a pilot project to allow courts in the district to order, as a condition of a
release, a person arrested on a charge of a crime described in section 609.135, subdivision
5a, paragraph (b), to use an electronic monitoring device to protect the victim's safety.
The chief judge of a judicial district conducting a pilot project under this paragraph
shall convene an advisory group consisting of representatives from law enforcement,
prosecutors, court administrators, judges, and battered women's organizations. A judicial
district must develop standards for the use of electronic monitoring devices to protect
victims of domestic abuse and for evaluating the effectiveness of electronic monitoring.
The courts judicial district shall make data on the use of electronic monitoring devices to
protect a victim's safety in the Tenth Judicial District available to the commissioner of
corrections to evaluate and to aid in development of standards for the use of devices to
protect victims of domestic abuse. A district shall report information on the pilot project
to the state court administrator's office as directed by that office. By January 15, 2013,
the state court administrator shall report by electronic means to the chairs and ranking
minority members of the senate and house committees having jurisdiction over criminal
justice policy on the experience of any pilot projects established under this paragraph.

SUNSET.

The amendments to this section expire on January 15, 2013.