HF 1148

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; authorizing a judge to set 
  1.3             conditions of release that protects public safety; 
  1.4             amending Minnesota Statutes 2000, section 629.715, 
  1.5             subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 629.715, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [JUDICIAL REVIEW; RELEASE.] (a) When a 
  1.10  person is arrested for a crime against the person, the judge 
  1.11  before whom the arrested person is taken shall review the facts 
  1.12  surrounding the arrest and detention.  If the person was 
  1.13  arrested or detained for committing a crime of violence, as 
  1.14  defined in section 629.725, the prosecutor or other appropriate 
  1.15  person shall present relevant information involving the victim 
  1.16  or the victim's family's account of the alleged crime to the 
  1.17  judge to be considered in determining the arrested person's 
  1.18  release.  The arrested person must be ordered released pending 
  1.19  trial or hearing on the person's personal recognizance or on an 
  1.20  order to appear or upon the execution of an unsecured bond in a 
  1.21  specified amount unless the judge determines that release (1) 
  1.22  will be inimical to public safety, (2) will create a threat of 
  1.23  bodily harm to the arrested person, the victim of the alleged 
  1.24  crime, or another, or (3) will not reasonably assure the 
  1.25  appearance of the arrested person at subsequent proceedings.  
  2.1      (b) If the judge determines release under paragraph (a) is 
  2.2   not advisable, the judge may shall set bail and impose any 
  2.3   conditions of release that will protect the safety of the victim 
  2.4   and the public, and reasonably assure the appearance of the 
  2.5   person for reappearance at subsequent proceedings, or will 
  2.6   protect the victim of the alleged crime, or may fix the amount 
  2.7   of money bail without other conditions upon which the arrested 
  2.8   person may obtain release.  The court may also set bail without 
  2.9   any other conditions in an amount that will protect the safety 
  2.10  of the victim and the public.