HF 3512

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; regulating telephone access 
  1.3             of persons restrained in local and state correctional 
  1.4             facilities; amending Minnesota Statutes 1998, section 
  1.5             481.10. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 481.10, is 
  1.8   amended to read: 
  1.9      481.10 [CONSULTATION WITH PERSONS RESTRAINED.] 
  1.10     Subdivision 1.  [CONSULTATION.] All officers or persons 
  1.11  having in their custody a person restrained of liberty, except 
  1.12  in cases where imminent danger of escape or injury exists, shall 
  1.13  admit any attorney retained by or in on behalf of the person 
  1.14  restrained, or whom the restrained person may desire to consult, 
  1.15  to a private interview at the place of custody.  Such 
  1.16  custodians, upon request of the person restrained, as soon as 
  1.17  practicable, and before other proceedings shall be had, shall 
  1.18  notify the attorney of the request for a consultation with the 
  1.19  attorney.  At all times through the period of custody, whether 
  1.20  or not the person restrained has been charged, tried, convicted, 
  1.21  or is serving an executed sentence, reasonable telephone access 
  1.22  to the attorney shall be provided to the person restrained at no 
  1.23  charge to the attorney or to the person restrained.  Every 
  1.24  officer or person who shall violate any provision of this 
  1.25  section shall be guilty of a misdemeanor and, in addition to the 
  2.1   punishment prescribed therefor shall forfeit $100 to the person 
  2.2   aggrieved, to be recovered in a civil action.  
  2.3      Subd. 2.  [TELEPHONE ACCESS IN LOCAL JAILS AND DETENTION 
  2.4   CENTERS.] All officers or persons having in their custody a 
  2.5   person restrained of liberty whether or not the person 
  2.6   restrained has been charged, tried, or convicted, except in 
  2.7   cases where imminent danger of escape or injury exists, shall 
  2.8   provide private telephone access to any attorney retained by or 
  2.9   on behalf of the person restrained, or whom the restrained 
  2.10  person may desire to consult at no charge to the attorney or to 
  2.11  the person restrained.  Telephone access under this subdivision 
  2.12  shall be provided as soon as practicable following the request 
  2.13  of the person restrained and before other proceedings shall be 
  2.14  had regarding the alleged offense causing custody.  An officer 
  2.15  or person who violates a provision of this section is guilty of 
  2.16  a misdemeanor and shall also forfeit $100 to the person 
  2.17  aggrieved, to be recovered in a civil action. 
  2.18     Subd. 3.  [TELEPHONE ACCESS IN CORRECTIONAL FACILITIES AND 
  2.19  INSTITUTIONS.] All officers or persons having in their custody a 
  2.20  person restrained of liberty while serving an executed sentence, 
  2.21  except in cases where imminent danger of escape or injury 
  2.22  exists, shall provide private telephone access to any attorney 
  2.23  retained by or on behalf of the person restrained, or whom the 
  2.24  restrained person may desire to consult at no charge to the 
  2.25  attorney or to the person restrained.  Telephone access under 
  2.26  this subdivision shall be provided following the request of the 
  2.27  person restrained and in accordance with reasonable policies 
  2.28  adopted by the institution that meet constitutional requirements.