HF 2864

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/01/2010 01:44pm

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), deleted text begin district courts in the Tenth deleted text end new text begin a new text end judicial district
may new text begin establish a pilot project to allow courts in the district to new text end 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.
new text begin 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, defense attorneys, court administrators, judges, and battered women's
organizations. A judicial district must develop standards for the use and evaluation of
electronic monitoring devices to protect victims of domestic abuse and must ensure that
release of electronic monitoring data is used only to protect victims. new text end The deleted text begin courts deleted text end new text begin judicial
district new text end shall make data new text begin from the pilot project new text end on the use of electronic monitoring devices
to protect a victim's safety deleted text begin in the Tenth Judicial District deleted text end 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. new text begin 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.
new text end

new text begin SUNSET. new text end

new text begin The amendments to this section expire on January 15, 2013.
new text end