HF 2201

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:28pm

A bill for an act
relating to public safety; collecting bail data to improve bail posting practices;
appropriating money; amending Minnesota Statutes 2022, section 480.15, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 480.15, is amended by adding a subdivision
to read:

new text begin Subd. 8b. new text end

new text begin Bail; data collection. new text end

new text begin (a) The court administrator shall collect data on the
posting of bail by defendants in misdemeanor, gross misdemeanor, and felony criminal
cases and provide the data to the Sentencing Guidelines Commission to review, study, and
evaluate the impact of bail posting practices on racial and socioeconomic inequities and on
monetary costs for taxpayers and communities to improve bail practices in the state.
new text end

new text begin (b) The court administrator shall collect the following data on each defendant:
new text end

new text begin (1) race, ethnicity, age, sex, gender, housing, and occupation;
new text end

new text begin (2) date of first appearance before the court, including at a minimum:
new text end

new text begin (i) the amount of bail if any and whether there was a percentage of the bail that could
be paid directly to the court; and
new text end

new text begin (ii) other conditions of release, including but not limited to electronic home monitoring;
new text end

new text begin (3) date of pretrial release, if any, and the reason for release, including but not limited
to the defendant paying bail or a cash alternative, other conditions and without monetary
bail being posted, or on the defendant's own recognizance;
new text end

new text begin (4) all pending cases associated with the defendant and all booking dates and charges
for each case;
new text end

new text begin (5) whether the defendant was represented by a public defender or a private attorney;
new text end

new text begin (6) the prosecuting office or agency;
new text end

new text begin (7) the judge who presided over the defendant's first appearance and set bail;
new text end

new text begin (8) the pretrial evaluation form or data contained in the form, including but not limited
to the pretrial risk assessment score;
new text end

new text begin (9) whether the defendant requested a speedy trial; and
new text end

new text begin (10) the outcome of the defendant's case.
new text end

new text begin (c) Each year beginning January 1, 2025, the court administrator shall submit the prior
calendar year data collected under this subdivision to the Sentencing Guidelines Commission.
In its annual report to the legislature, the commission shall summarize and analyze the data
for the impact of bail posting practices on racial and socioeconomic inequities and on
monetary costs for taxpayers and communities.
new text end

Sec. 2. new text begin BAIL DATA STUDY; APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2024 is appropriated from the general fund to the Sentencing
Guidelines Commission for a grant to a nonprofit research-based organization to study and
research the use of bail for defendants in the criminal justice system to provide understanding
of current and historical bail practices in the state. The grant shall be awarded through a
competitive grant process.
new text end

new text begin (b) The grant recipient shall minimally collect the following data on defendants from
calendar years 2017 through 2023 to study, research, and evaluate the impact of bail practices
on defendants and communities in the state:
new text end

new text begin (1) data listed under Minnesota Statutes, section 480.15, subdivision 8b;
new text end

new text begin (2) total number of defendants with bail as a condition of release;
new text end

new text begin (3) number of defendants whose bail was set in each of the following ranges:
new text end

new text begin (i) $0 to $250;
new text end

new text begin (ii) $251 to $500;
new text end

new text begin (iii) $501 to 1,000;
new text end

new text begin (iv) $1,001 to $2,500;
new text end

new text begin (v) $2,501 to $5,000;
new text end

new text begin (vi) $5,001 to $7,500;
new text end

new text begin (vii) $7,501 to $10,000;
new text end

new text begin (viii) $10,001 to $25,000;
new text end

new text begin (ix) $25,001 to $50,000;
new text end

new text begin (x) $50,001 to $100,000;
new text end

new text begin (xi) $100,001 to $150,000;
new text end

new text begin (xii) $150,001 to $200,000; and
new text end

new text begin (xiii) $200,000 or more;
new text end

new text begin (4) each of the bail ranges in clause (3) broken down by:
new text end

new text begin (i) race, ethnicity, age, sex, gender, housing, and occupation;
new text end

new text begin (ii) defendant's pretrial risk assessment score;
new text end

new text begin (iii) judge setting bail; and
new text end

new text begin (iv) prosecuting office or agency;
new text end

new text begin (5) average bail amount for defendants whose highest charge is a misdemeanor broken
down by bail range in clause (3) and race;
new text end

new text begin (6) average bail amount for defendants whose highest charge is a felony broken down
by bail range in clause (3) and race; and
new text end

new text begin (7) percentage of defendants in each of the bail ranges in clause (3) who:
new text end

new text begin (i) post bail;
new text end

new text begin (ii) were released on their own recognizance;
new text end

new text begin (iii) were released with electronic home monitoring; and
new text end

new text begin (iv) were released on a cash bail condition and:
new text end

new text begin (A) pled guilty;
new text end

new text begin (B) went to trial; or
new text end

new text begin (C) had their case dismissed.
new text end

new text begin (c) The Sentencing Guidelines Commission shall review, study, and evaluate the data
collected under this section for the impact of bail posting practices on racial and
socioeconomic inequities and on monetary costs for taxpayers and communities. On or
before March 15, 2025, the Sentencing Guidelines Commission shall submit a report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
judiciary and finance on the impact of the bail posting practices in the state.
new text end