SF 2736

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/07/2014 11:51am

1.1A bill for an act

1.2relating to public safety; requiring judicial districts to establish minimum
1.3standards as a condition to using GPS to monitor domestic abuse offenders;
1.4protecting victim and defendant location data;amending Minnesota Statutes 2012,
1.5sections 609.135, subdivision 5a; 629.72, subdivision 2a; repealing Minnesota
1.6Statutes 2012, sections 609.02, subdivision 14; 611A.07, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:
1.9    Subd. 5a. Domestic abuse victims; electronic monitoring. (a) Until the
1.10commissioner of corrections a judicial district has adopted standards under section 629.72,
1.11subdivision 2a, paragraph (b), governing electronic monitoring devices used to protect
1.12victims of domestic abuse, the a court within the judicial district, as a condition of a stay
1.13of imposition or execution of a sentence, may not order an offender convicted of a crime
1.14described in paragraph (b) to use an electronic monitoring device to protect a victim's safety.
1.15(b) This subdivision applies to the following crimes, if committed by the defendant
1.16against a family or household member as defined in section 518B.01, subdivision 2:
1.17(1) violations of orders for protection issued under chapter 518B;
1.18(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222,
1.19609.223 , or 609.224; or domestic assault under section 609.2242;
1.20(3) criminal damage to property under section 609.595;
1.21(4) disorderly conduct under section 609.72;
1.22(5) harassing telephone calls under section 609.79;
1.23(6) burglary under section 609.582;
1.24(7) trespass under section 609.605;
2.1(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
2.2section 609.342, 609.343, 609.344, 609.345, or 609.3451; and
2.3(9) terroristic threats under section 609.713.;
2.4(10) stalking under section 609.749;
2.5(11) violations of harassment restraining orders under section 609.748;
2.6(12) violations of domestic abuse no contact orders under section 629.75; and
2.7(13) interference with an emergency call under section 609.78, subdivision 2.
2.8(c) Notwithstanding paragraph (a), the judges in the Tenth Judicial District may
2.9order, as a condition of a stay of imposition or execution of a sentence, a defendant
2.10convicted of a crime described in paragraph (b), to use an electronic monitoring device
2.11to protect the victim's safety. The judges shall make data on the use of electronic
2.12monitoring devices to protect a victim's safety in the Tenth Judicial District available to
2.13the commissioner of corrections to evaluate and to aid in development of standards for the
2.14use of devices to protect victims of domestic abuse. The location data associated with the
2.15victim and defendant are security information as defined in section 13.37. Location data
2.16maintained by a law enforcement agency, probation authority, prosecutorial agency, or
2.17court services department may be shared among those agencies to develop and monitor
2.18conditions of a stayed sentence under this section.
2.19EFFECTIVE DATE.This section is effective the day following final enactment.

2.20    Sec. 2. Minnesota Statutes 2012, section 629.72, subdivision 2a, is amended to read:
2.21    Subd. 2a. Electronic monitoring; condition of pretrial release. (a) Until the
2.22commissioner of corrections a judicial district has adopted standards under paragraph
2.23(b) governing electronic monitoring devices used to protect victims of domestic abuse,
2.24the a court within the judicial district, as a condition of release, may not order a person
2.25arrested for a crime described in section 609.135, subdivision 5a, paragraph (b), to use an
2.26electronic monitoring device to protect a victim's safety.
2.27(b) Notwithstanding paragraph (a), district courts in the Tenth Judicial District may
2.28order, as a condition of a release, a person arrested on a charge of a crime described
2.29in section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring
2.30device to protect the victim's safety. The courts shall make data on the use of electronic
2.31monitoring devices to protect a victim's safety in the Tenth Judicial District available to
2.32the commissioner of corrections to evaluate and to aid in development of standards for the
2.33use of devices to protect victims of domestic abuse. The chief judge of a judicial district
2.34may appoint and convene an advisory group to develop and biennially update standards
2.35for the use of electronic monitoring and global positioning system devices to protect
3.1victims of domestic abuse. The advisory group must be comprised of representatives
3.2from law enforcement, prosecutors, defense attorneys, corrections, court administrators,
3.3probation, judges, and crime victim organizations, and include an industry representative
3.4with expertise in global positioning system devices. At a minimum, the standards must:
3.5(1) require a judge to order only the use of active, real-time monitoring;
3.6(2) require that the victim and defendant be provided with information on the risks and
3.7benefits of using active, real-time monitoring and a notice outlining the district's standards;
3.8(3) require informed, voluntary consent by the victim before the defendant may be
3.9released on electronic monitoring, and provide for time-sensitive procedures if a victim
3.10withdraws consent;
3.11(4) address financial costs to the defendants and victims; and
3.12(5) provide for ongoing training and consultation with the advisory group members
3.13to continually improve victim safety and defendant accountability.
3.14(c) The location data associated with the victim and defendant are security
3.15information as defined in section 13.37. Location data maintained by a law enforcement
3.16agency, probation authority, prosecutorial agency, or court services department may be
3.17shared among those agencies to develop and monitor conditions of release under this
3.18section.
3.19EFFECTIVE DATE.This section is effective retroactively from January 15, 2014.

3.20    Sec. 3. REPEALER.
3.21Minnesota Statutes 2012, sections 609.02, subdivision 14; and 611A.07, subdivision
3.221, are repealed.
3.23EFFECTIVE DATE.This section is effective the day following final enactment.