HF 325

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to criminal procedure; proposing an amendment 
  1.3             to the Minnesota Constitution, article I, section 7, 
  1.4             to permit courts to deny a defendant's release on bail 
  1.5             when necessary to protect the orderly processes of the 
  1.6             criminal justice system or when the defendant is 
  1.7             accused of a violent crime and has engaged in a 
  1.8             pattern or history of violent crime; enacting the 
  1.9             Minnesota bail reform act; providing procedures 
  1.10            governing pretrial and postconviction release and 
  1.11            detention decisions; providing for appellate review of 
  1.12            release and detention orders; imposing penalties for 
  1.13            failure to appear in court as required and for 
  1.14            commission of a crime while on release; amending 
  1.15            Minnesota Statutes 1994, sections 589.16; 629.53; 
  1.16            629.63; and 629.72, subdivision 2; proposing coding 
  1.17            for new law in Minnesota Statutes, chapter 609; 
  1.18            proposing coding for new law as Minnesota Statutes, 
  1.19            chapter 629A; repealing Minnesota Statutes 1994, 
  1.20            sections 609.49; 629.44; 629.45; 629.47; 629.48; 
  1.21            629.49; 629.54; 629.55; 629.58; 629.59; 629.60; 
  1.22            629.61; 629.62; and 629.64. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24                             ARTICLE 1
  1.25                      CONSTITUTIONAL AMENDMENT
  1.26     Section 1.  [PROPOSED AMENDMENT.] 
  1.27     The following amendment to the Minnesota Constitution is 
  1.28  proposed to the people.  If the amendment is adopted, article I, 
  1.29  section 7, of the Minnesota Constitution will read as follows: 
  1.30     Sec. 7.  No person shall be held to answer for a criminal 
  1.31  offense without due process of law, and no person shall be put 
  1.32  twice in jeopardy of punishment for the same offense, nor be 
  1.33  compelled in any criminal case to be a witness against himself, 
  1.34  nor be deprived of life, liberty or property without due process 
  2.1   of law.  All persons before conviction shall be bailable by 
  2.2   sufficient sureties, except for capital offenses that in the 
  2.3   following cases when the proof is evident or the presumption 
  2.4   great, the court has the discretion to deny or revoke bail:  (a) 
  2.5   when necessary to protect the orderly processes of the criminal 
  2.6   justice system; or (b) when a person is charged with a violent 
  2.7   felony and either the person has engaged in a pattern of violent 
  2.8   crime or the person was previously convicted of a violent felony 
  2.9   within the ten-year period preceding the alleged offense.  The 
  2.10  privilege of the writ of habeas corpus shall not be suspended 
  2.11  unless the public safety requires it in case of rebellion or 
  2.12  invasion. 
  2.13     Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.14     The proposed amendment must be submitted to the people at 
  2.15  the 1996 general election.  The question submitted to the people 
  2.16  must be: 
  2.17     "Shall the Minnesota Constitution be amended to permit 
  2.18  courts to deny bail and detain a criminal defendant before trial 
  2.19  when necessary to protect the orderly processes of the criminal 
  2.20  justice system or when the person is accused of a violent crime 
  2.21  and has engaged in a pattern of violent crime or has been 
  2.22  convicted of a violent crime in the previous ten years? 
  2.23                                     Yes .......
  2.24                                     No ........"
  2.25                             ARTICLE 2
  2.26                     MINNESOTA BAIL REFORM ACT
  2.27     Section 1.  [629A.01] [CITATION.] 
  2.28     This chapter may be cited as the "Minnesota bail reform 
  2.29  act." 
  2.30     Sec. 2.  [629A.02] [RELEASE OR DETENTION OF A DEFENDANT 
  2.31  PENDING TRIAL; CONSIDERATIONS AND CONDITIONS.] 
  2.32     Subdivision 1.  [IN GENERAL.] Upon the appearance of a 
  2.33  person charged with a criminal offense before a judge of 
  2.34  district court, or before a judicial officer designated by the 
  2.35  court to perform the function of pretrial release or detention, 
  2.36  the judge or judicial officer shall issue an order that, pending 
  3.1   trial, the person be released or detained according to 
  3.2   subdivision 2, 3, or 4. 
  3.3      Subd. 2.  [RELEASE.] The judge or judicial officer shall 
  3.4   order the pretrial release of the defendant on an appearance 
  3.5   bond in an amount set by the court with sufficient solvent 
  3.6   sureties, on money bail, or, when appropriate, on the 
  3.7   defendant's personal recognizance or upon execution of an 
  3.8   unsecured appearance bond in an amount named by the court, 
  3.9   subject to the condition that the defendant not commit a 
  3.10  criminal act during the period of release, unless the judge or 
  3.11  judicial officer determines that release under these conditions 
  3.12  will not reasonably assure the appearance of the defendant as 
  3.13  required or will endanger the safety of the defendant, any other 
  3.14  person, or the community.  If the judge or judicial officer 
  3.15  deems it appropriate, the judge or judicial officer also may 
  3.16  impose one or more of the following conditions on the 
  3.17  defendant's release: 
  3.18     (1) the defendant must remain in the custody of a 
  3.19  designated person who agrees to supervise the defendant and 
  3.20  report any violation of the release order to the court, if the 
  3.21  designated person is able reasonably to assure the judge or 
  3.22  judicial officer that the defendant will appear as required and 
  3.23  will not pose a danger to the safety of the defendant, any other 
  3.24  person, or the community; 
  3.25     (2) the defendant must maintain employment, or, if 
  3.26  unemployed, actively seek employment; 
  3.27     (3) the defendant must maintain or begin an educational 
  3.28  program; 
  3.29     (4) the defendant must abide by named restrictions on the 
  3.30  defendant's personal associations, place of abode, or travel; 
  3.31     (5) the defendant must avoid all contact with an alleged 
  3.32  victim of the crime and with any potential witness who may 
  3.33  testify concerning the alleged crime; 
  3.34     (6) the defendant must report on a regular basis to a 
  3.35  designated law enforcement or court services agency; 
  3.36     (7) the defendant must comply with a named curfew; 
  4.1      (8) the defendant must refrain from possessing a firearm, 
  4.2   destructive device, or other dangerous weapon; 
  4.3      (9) the defendant must refrain from excessive use of 
  4.4   alcohol, or any use of a controlled substance, as defined in 
  4.5   section 152.01, without a prescription by a licensed medical 
  4.6   professional; 
  4.7      (10) the defendant must undergo available medical or 
  4.8   psychiatric treatment, including treatment for chemical 
  4.9   dependency, and remain in a named institution if required for 
  4.10  that purpose; 
  4.11     (11) the defendant must execute an agreement to forfeit 
  4.12  upon failing to appear as required, such designated property, 
  4.13  including money, as is reasonably necessary to assure the 
  4.14  appearance of the defendant as required and must post with the 
  4.15  court the indicia of property ownership or percentage of money 
  4.16  named by the court; 
  4.17     (12) the defendant must return to custody for named hours 
  4.18  following release for employment, schooling, or other limited 
  4.19  purposes; and 
  4.20     (13) the defendant must satisfy any other condition that is 
  4.21  reasonably necessary to assure the appearance of the defendant 
  4.22  as required and to assure the safety of the defendant, any other 
  4.23  person, and the community. 
  4.24     The judge or judicial officer may at any time amend the 
  4.25  release order to impose additional or different conditions of 
  4.26  release. 
  4.27     Subd. 3.  [TEMPORARY DETENTION TO PERMIT REVOCATION OF 
  4.28  CONDITIONAL RELEASE.] Except as otherwise provided in sections 
  4.29  629.01 to 629.291, if the judge or judicial officer determines 
  4.30  that: 
  4.31     (1) the defendant is, and was when the alleged crime was 
  4.32  committed:  (i) on conditional release pending trial on any 
  4.33  local, state, or federal charge; (ii) on conditional release 
  4.34  pending imposition or execution of sentence, appeal of sentence 
  4.35  or conviction, or completion of sentence for any local, state, 
  4.36  or federal offense; or (iii) on probation, parole, or supervised 
  5.1   release for any local, state, or federal offense; and 
  5.2      (2) the defendant may flee or pose a danger to the 
  5.3   defendant, any other person, or the community; 
  5.4   the judge or judicial officer may order the defendant detained 
  5.5   for a period of not more than five days, excluding weekends and 
  5.6   holidays.  Upon issuing a temporary detention order under this 
  5.7   subdivision, the court shall direct the prosecuting attorney to 
  5.8   notify the appropriate federal, state, or local court or 
  5.9   government agency.  If the court or agency notified fails or 
  5.10  declines to take the defendant into custody during this time 
  5.11  period, the judge or judicial officer shall release or detain 
  5.12  the defendant as provided in this subdivision or subdivision 2 
  5.13  or 4. 
  5.14     Subd. 4.  [DETENTION PENDING TRIAL.] If, after a hearing 
  5.15  conducted under section 629A.03, the judge or judicial officer 
  5.16  finds that no condition or combination of conditions will 
  5.17  reasonably assure the appearance of the defendant as required 
  5.18  and the safety of the defendant, any other person, and the 
  5.19  community, the judge or judicial officer may order the detention 
  5.20  of the defendant before trial.  Subject to the provisions of 
  5.21  section 629A.03, the judge or judicial officer may order 
  5.22  pretrial detention of the defendant in exceptional cases when 
  5.23  necessary to protect the orderly processes of the criminal 
  5.24  justice system. 
  5.25     Sec. 3.  [629A.03] [PRETRIAL DETENTION HEARING.] 
  5.26     Subdivision 1.  [WHEN HELD.] The judge or judicial officer 
  5.27  shall hold a pretrial detention hearing in the following cases 
  5.28  to determine whether any condition or combination of conditions 
  5.29  set forth in section 629A.02, subdivision 2, will reasonably 
  5.30  assure the appearance of the defendant as required and the 
  5.31  safety of the defendant, any other person, and the community: 
  5.32     (1) upon motion by the prosecuting attorney in the 
  5.33  following cases when the proof is evident or the presumption 
  5.34  great:  the defendant is charged with a violent crime and 
  5.35  either:  (i) the defendant has engaged in a pattern of violent 
  5.36  crime; or (ii) the defendant was previously convicted of a 
  6.1   violent crime within the ten-year period preceding the alleged 
  6.2   offense; or 
  6.3      (2) upon motion by the prosecuting attorney or by the court 
  6.4   on its own motion, in any case involving a serious risk that the 
  6.5   defendant will flee, or a serious risk that the defendant will 
  6.6   obstruct or attempt to obstruct justice, or threaten, injure, or 
  6.7   intimidate, or attempt to threaten, injure, or intimidate a 
  6.8   prospective witness or juror.  
  6.9      As used in this subdivision, "violent crime" means a 
  6.10  violation of any of the following laws or a similar law of the 
  6.11  United States or another state:  section 609.185; 609.19; 
  6.12  609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 
  6.13  609.228; 609.235; 609.24; 609.245; 609.25; 609.2661; 609.2662; 
  6.14  609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 
  6.15  609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 
  6.16  609.561; 609.562; 609.582, subdivision 1; or 609.687. 
  6.17     The detention hearing must be held immediately upon the 
  6.18  defendant's first appearance before the judge or judicial 
  6.19  officer, unless the defendant or the prosecuting attorney seeks 
  6.20  a continuance.  Except for good cause, a continuance on motion 
  6.21  of the defendant may not exceed five days, and a continuance on 
  6.22  motion of the prosecuting attorney may not exceed three days.  
  6.23  During a continuance, the defendant must be detained.  Upon 
  6.24  motion by the prosecuting attorney or on the court's own motion, 
  6.25  the judge or judicial officer may order that a defendant who 
  6.26  appears to be a narcotics addict receive a medical examination 
  6.27  while in custody to determine whether the defendant is addicted. 
  6.28     Subd. 2.  [RIGHTS AND PROCEDURES.] (a) The rights and 
  6.29  procedures described in this subdivision apply to the pretrial 
  6.30  detention hearing. 
  6.31     (b) The defendant has the right to be represented by 
  6.32  counsel.  If the defendant is financially unable to obtain 
  6.33  adequate counsel, the court shall appoint counsel at public 
  6.34  expense to represent the defendant. 
  6.35     (c) The prosecuting attorney has the burden of going 
  6.36  forward, by offer of proof or otherwise, and the burden of 
  7.1   proving by clear and convincing evidence that pretrial detention 
  7.2   is necessary under the standard contained in section 629A.02, 
  7.3   subdivision 4. 
  7.4      (d) The evidence shall be presented in open court and any 
  7.5   party has the right to testify, present witnesses, cross-examine 
  7.6   witnesses who appear at the hearing, and present information by 
  7.7   offer of proof or otherwise. 
  7.8      (e) The defendant may be detained pending completion of the 
  7.9   hearing. 
  7.10     (f) Any testimony given by the defendant during the 
  7.11  pretrial detention hearing is not admissible in any other 
  7.12  proceeding, including future proceedings relating to the current 
  7.13  charge, except that the testimony shall be admissible for 
  7.14  impeachment purposes as to a material issue and shall be 
  7.15  admissible in a perjury proceeding. 
  7.16     Sec. 4.  [629A.04] [FACTORS TO BE CONSIDERED IN ORDERING 
  7.17  RELEASE OR DETENTION.] 
  7.18     In determining whether there are conditions of release that 
  7.19  will reasonably assure the appearance of the defendant as 
  7.20  required and the safety of the defendant, any other person, and 
  7.21  the community, the judge or judicial officer shall take into 
  7.22  account available information concerning: 
  7.23     (1) the nature and circumstances of the offense charged and 
  7.24  whether a weapon was used or the threat of a weapon was involved 
  7.25  in the alleged offense; 
  7.26     (2) the weight of the evidence against the defendant; 
  7.27     (3) the history and characteristics of the defendant, 
  7.28  including: 
  7.29     (i) the length of the defendant's residency in Minnesota, 
  7.30  the defendant's living situation, including whether the 
  7.31  defendant lives alone or with any other person, the defendant's 
  7.32  employment, income, age, prior criminal record, and history of 
  7.33  prior failures to appear for court proceedings; and 
  7.34     (ii) whether, when the current offense or arrest occurred, 
  7.35  the defendant was on probation, parole, or other release pending 
  7.36  trial, sentencing, appeal, or completion of sentence for an 
  8.1   offense under federal, state, or local law; and 
  8.2      (4) the nature and seriousness of the danger to the 
  8.3   defendant, any other person, or the community that would be 
  8.4   posed by the defendant's release. 
  8.5      In considering the financial conditions of release 
  8.6   described in section 629A.02, subdivision 2, the court may, on 
  8.7   its own motion, or shall upon the motion of the prosecuting 
  8.8   attorney, conduct an inquiry into the source of the property to 
  8.9   be designated for possible forfeiture or offered as collateral 
  8.10  to secure a bond, and shall decline to accept the designation or 
  8.11  the use as collateral of property that, because of its source, 
  8.12  will not reasonably assure the defendant's appearance as 
  8.13  required. 
  8.14     Sec. 5.  [629A.05] [CONTENTS OF RELEASE ORDER.] 
  8.15     In a release order issued under section 629A.02, 
  8.16  subdivision 2, the judge or judicial officer shall include the 
  8.17  following: 
  8.18     (1) a written statement that sets forth all the conditions 
  8.19  to which the release is subject, in a manner sufficiently clear 
  8.20  and specific to serve as a guide for the defendant's conduct; 
  8.21  and 
  8.22     (2) an advisory to the defendant concerning: 
  8.23     (i) the penalties for violating a condition of release, 
  8.24  including the penalties for committing an offense while on 
  8.25  pretrial release; 
  8.26     (ii) the consequences for violating a condition of release, 
  8.27  including the immediate issuance of a warrant for the 
  8.28  defendant's arrest; and 
  8.29     (iii) the provisions and penalties of sections 609.498 and 
  8.30  609.50. 
  8.31     Sec. 6.  [629A.06] [CONTENTS OF DETENTION ORDER.] 
  8.32     Subdivision 1.  [CONTENTS.] In a detention order issued 
  8.33  under section 629A.02, subdivision 4, the judge or judicial 
  8.34  officer shall include the following: 
  8.35     (1) written findings of fact and a written statement of the 
  8.36  reasons for detention.  If the defendant has agreed to abide by 
  9.1   conditions of release that are reasonably available, the judge 
  9.2   or judicial officer must state in writing or on the record why 
  9.3   release on such conditions was not ordered; 
  9.4      (2) an order that the defendant be confined in a 
  9.5   correctional facility separate, to the extent possible, from 
  9.6   persons awaiting or serving sentences or being held in custody 
  9.7   pending appeal; 
  9.8      (3) an order that the defendant be given reasonable 
  9.9   opportunity to consult privately with counsel; and 
  9.10     (4) an order that, upon court order or the request of a 
  9.11  prosecuting attorney, the person in charge of the facility 
  9.12  deliver the defendant to appear in court. 
  9.13     Subd. 2.  [TEMPORARY RELEASE.] The judge or judicial 
  9.14  officer may, by later order, permit the temporary release of the 
  9.15  defendant in the custody of an appropriate person to the extent 
  9.16  that the judge or judicial officer determines release to be 
  9.17  necessary for preparation of the defendant's defense or for 
  9.18  another compelling reason. 
  9.19     Sec. 7.  [629A.07] [PRESUMPTION OF INNOCENCE.] 
  9.20     Nothing in sections 629A.02 to 629A.06 may be construed as 
  9.21  changing or limiting the presumption of innocence. 
  9.22     Sec. 8.  [629A.08] [RELEASE OR DETENTION OF A DEFENDANT 
  9.23  PENDING SENTENCE OR APPEAL.] 
  9.24     Subdivision 1.  [PENDING SENTENCING.] The judge or judicial 
  9.25  officer shall order that a person who has been found guilty of 
  9.26  an offense and who is awaiting imposition or execution of 
  9.27  sentence be detained, unless the judge or judicial officer finds 
  9.28  by clear and convincing evidence that the person is not likely 
  9.29  to flee or pose a danger to the safety of the person, any other 
  9.30  person, or the community if released under section 629A.02, 
  9.31  subdivision 2.  Upon making that finding, the judge or judicial 
  9.32  officer shall order the release of the person in accordance with 
  9.33  the provisions of section 629A.02, subdivision 2. 
  9.34     Subd. 2.  [RELEASE OR DETENTION PENDING APPEAL BY 
  9.35  DEFENDANT.] The judge or judicial officer shall order that a 
  9.36  person who has been found guilty of an offense and sentenced to 
 10.1   a term of imprisonment and who has filed an appeal or a writ of 
 10.2   certiorari, be detained, unless the judge or judicial officer 
 10.3   finds: 
 10.4      (1) by clear and convincing evidence that the person is not 
 10.5   likely to flee or pose a danger to the safety of the person, any 
 10.6   other person, or the community if released under section 
 10.7   629A.02, subdivision 2; and 
 10.8      (2) that the appeal is not for purpose of delay and raises 
 10.9   a substantial question of law or fact likely to result in 
 10.10  reversal or an order for a new trial. 
 10.11  Upon making those findings, the judge or judicial officer shall 
 10.12  order the release of the person in accordance with the 
 10.13  provisions of section 629A.02, subdivision 2. 
 10.14     Subd. 3.  [RELEASE OR DETENTION PENDING APPEAL BY 
 10.15  PROSECUTING ATTORNEY.] Unless the defendant is otherwise subject 
 10.16  to a release or detention order, the judge or judicial officer 
 10.17  shall treat a defendant in accordance with the provisions of 
 10.18  sections 629A.02 to 629A.06 when an appeal is taken by a 
 10.19  prosecuting attorney from a pretrial order under rule 28.04 of 
 10.20  the Rules of Criminal Procedure. 
 10.21     Sec. 9.  [629A.09] [RELEASE OR DETENTION OF A MATERIAL 
 10.22  WITNESS.] 
 10.23     If it appears from an affidavit filed by a party that the 
 10.24  testimony of a person is material in a criminal proceeding, and 
 10.25  if it is shown that it may become impracticable to secure the 
 10.26  presence of the person by subpoena, a judge or judicial officer 
 10.27  may order the arrest of the person and treat the person in 
 10.28  accordance with the provisions of sections 629A.02 to 629A.06.  
 10.29  No material witness may be detained because of an inability to 
 10.30  comply with a condition of release if the testimony of the 
 10.31  witness can adequately be secured by deposition and if further 
 10.32  detention is not necessary to prevent a failure of justice. 
 10.33  Release of a material witness may be delayed for a reasonable 
 10.34  period until the deposition of the witness can be taken. 
 10.35     Sec. 10.  [629A.10] [REVIEW AND APPEAL OF A RELEASE OR 
 10.36  DETENTION ORDER.] 
 11.1      Subdivision 1.  [REVIEW OF RELEASE ORDER ISSUED BY JUDICIAL 
 11.2   OFFICER.] If a defendant is ordered released by a judicial 
 11.3   officer other than a judge, the prosecuting attorney may file 
 11.4   with the judge having jurisdiction over the case, a motion for 
 11.5   revocation of the order or amendment of the conditions of 
 11.6   release, and a defendant may file a motion with the judge for 
 11.7   amendment of the conditions of release.  The motion or motions 
 11.8   must be heard and determined promptly by the judge. 
 11.9      Subd. 2.  [REVIEW OF A DETENTION ORDER ISSUED BY JUDICIAL 
 11.10  OFFICER.] If a defendant is ordered detained by a judicial 
 11.11  officer other than a judge, the defendant may file a motion with 
 11.12  the judge having jurisdiction over the case for revocation or 
 11.13  amendment of the order.  The motion must be heard and determined 
 11.14  promptly by the judge. 
 11.15     Subd. 3.  [APPEAL FROM RELEASE OR DETENTION ORDER.] An 
 11.16  appeal to the court of appeals may be taken by the defendant or 
 11.17  the prosecuting attorney from a release or detention order, or 
 11.18  from a decision denying revocation or amendment of an order.  
 11.19  The appeal must be heard and determined promptly. 
 11.20     Sec. 11.  [629A.11] [SANCTIONS FOR VIOLATION OF RELEASE 
 11.21  CONDITION.] 
 11.22     Subdivision 1.  [AVAILABLE SANCTIONS.] A person who has 
 11.23  been released under section 629A.02 and who has violated a 
 11.24  condition of the release is subject to revocation of release, an 
 11.25  order of detention, and prosecution for contempt of court. 
 11.26     Subd. 2.  [REVOCATION OF RELEASE.] The prosecuting attorney 
 11.27  may begin a proceeding for revocation of an order for release by 
 11.28  filing a motion with the trial court.  A judge or judicial 
 11.29  officer may issue a warrant for the arrest of a person charged 
 11.30  with violating a condition of release, and the person must be 
 11.31  brought before a judge or judicial officer in the district in 
 11.32  which the arrest was ordered for a proceeding in accordance with 
 11.33  this section.  To the extent practicable, a person charged with 
 11.34  violating the condition of release that the person not commit 
 11.35  any criminal act during the period of release must be brought 
 11.36  before the judge or judicial officer who ordered the release and 
 12.1   whose order is alleged to have been violated. 
 12.2      The judge or judicial officer shall enter an order of 
 12.3   revocation and detention if, after a hearing, the judge or 
 12.4   judicial officer finds the following: 
 12.5      (1)(i) probable cause to believe that the person has 
 12.6   committed a federal, state, or local crime while on release, or 
 12.7      (ii) clear and convincing evidence that the person has 
 12.8   violated any other condition of release; and 
 12.9      (2)(i) based on the factors set forth in section 629A.04, 
 12.10  there is no condition or combination of conditions of release 
 12.11  that will assure that the person will not flee or pose a danger 
 12.12  to the safety of the person, any other person, or the community, 
 12.13  or 
 12.14     (ii) the person is unlikely to abide by any condition or 
 12.15  combination of conditions of release. 
 12.16     If there is probable cause to believe that, while on 
 12.17  release, the person committed a criminal act, a rebuttable 
 12.18  presumption arises that no condition or combination of 
 12.19  conditions will assure that the person will not pose a danger to 
 12.20  the safety of the person, any other person, or the community.  
 12.21  If the judge or judicial officer finds that there are conditions 
 12.22  of release that will assure that the person will not flee or 
 12.23  pose a danger to the safety of the person, any other person, or 
 12.24  the community, and that the person will abide by these 
 12.25  conditions, the judge or judicial officer shall treat the person 
 12.26  in accordance with the provisions of sections 629A.02 to 629A.06 
 12.27  and may amend the conditions or release accordingly. 
 12.28     Subd. 3.  [PROSECUTION OF CONTEMPT.] If the person has 
 12.29  violated a condition of release, the judge or judicial officer 
 12.30  may begin a contempt proceeding in accordance with the 
 12.31  provisions of chapter 588. 
 12.32     Sec. 12.  [629A.12] [CONSTRUCTION.] 
 12.33     Nothing in this chapter or in rule 6 of the Rules of 
 12.34  Criminal Procedure shall be construed to limit the inherent 
 12.35  power of the courts to deny or revoke bail in exceptional cases 
 12.36  when necessary to protect the orderly processes of the criminal 
 13.1   justice system. 
 13.2                              ARTICLE 3
 13.3                MISCELLANEOUS AND TECHNICAL PROVISIONS
 13.4      Section 1.  Minnesota Statutes 1994, section 589.16, is 
 13.5   amended to read: 
 13.6      589.16 [WHEN BAIL OR REMAND OR DISCHARGE ALLOWED.] 
 13.7      If the petitioner has been legally committed for a criminal 
 13.8   offense, or if upon hearing it appears by the testimony offered 
 13.9   with the return that the petitioner is guilty of the offense, 
 13.10  although the commitment is irregular, the judge before whom the 
 13.11  petitioner is brought shall allow release on bail, if good bail 
 13.12  is offered, or, if not, the judge shall immediately send that 
 13.13  petitioner back to the detaining authority proceed under the 
 13.14  applicable provisions of chapter 629A.  In other cases the 
 13.15  petitioner must be placed in the custody of the person legally 
 13.16  entitled to custody, or, if no one is so entitled, the 
 13.17  petitioner must be discharged.  
 13.18     Sec. 2.  [609.492] [RELEASE; FAILURE TO APPEAR.] 
 13.19     Subdivision 1.  [CRIME.] Whoever knowingly fails to appear 
 13.20  before a court as required by the conditions of release imposed 
 13.21  under chapter 629A, or knowingly fails to surrender for service 
 13.22  of sentence under a court order, is guilty of a crime and may be 
 13.23  sentenced as provided in subdivision 2. 
 13.24     Subd. 2.  [PENALTIES.] A person who is convicted of 
 13.25  violating subdivision 1 may be sentenced as follows: 
 13.26     (1) if the person was released in connection with a charge 
 13.27  of, or while awaiting sentence, surrender for service of 
 13.28  sentence, or appeal following conviction for a crime punishable 
 13.29  by life imprisonment or by a term of imprisonment of 20 years or 
 13.30  more, to imprisonment for not more than ten years or to payment 
 13.31  of a fine of not more than $20,000, or both; 
 13.32     (2) if the person was released in connection with a charge 
 13.33  of, or while awaiting sentence, surrender for service of 
 13.34  sentence, or appeal following conviction for a crime punishable 
 13.35  by a maximum term of imprisonment of at least ten years but less 
 13.36  than 20 years, to imprisonment for not more than five years or 
 14.1   to payment of a fine of not more than $10,000, or both; 
 14.2      (3) if the person was released in connection with a charge 
 14.3   of, or while awaiting sentence, surrender for service of 
 14.4   sentence, or appeal following conviction for any other felony, 
 14.5   to imprisonment for not more than one year or to payment of a 
 14.6   fine of not more than $3,000, or both; and 
 14.7      (4) if the person was released in connection with a charge 
 14.8   of, or while awaiting sentence, surrender for service of 
 14.9   sentence, or appeal following conviction for a misdemeanor or 
 14.10  gross misdemeanor, to imprisonment for not more than 90 days or 
 14.11  to payment of a fine of not more than $700, or both. 
 14.12     Subd. 3.  [AFFIRMATIVE DEFENSE.] If proven by a 
 14.13  preponderance of the evidence, it is an affirmative defense to a 
 14.14  prosecution under this section that: 
 14.15     (1) uncontrollable circumstances prevented the person from 
 14.16  appearing or surrendering; 
 14.17     (2) the person did not contribute to the creation of these 
 14.18  circumstances in reckless disregard to the requirement to appear 
 14.19  or surrender; and 
 14.20     (3) the person appeared or surrendered as soon as these 
 14.21  circumstances ceased to exist. 
 14.22     Sec. 3.  [609.4921] [FAILURE TO APPEAR FOR JUVENILE COURT 
 14.23  DISPOSITION.] 
 14.24     (a) A person who intentionally fails to appear for a 
 14.25  juvenile court disposition is guilty of a felony if: 
 14.26     (1) the person was prosecuted in juvenile court for an 
 14.27  offense that would have been a felony if committed by an adult; 
 14.28     (2) the juvenile court made findings pursuant to an 
 14.29  admission in court or after trial; 
 14.30     (3) the person was released from custody on condition that 
 14.31  the person appear in the juvenile court for a disposition in 
 14.32  connection with the offense; and 
 14.33     (4) the person was notified that failure to appear is a 
 14.34  criminal offense. 
 14.35     (b) A person who violates the provisions of this 
 14.36  subdivision is guilty of a felony and may be sentenced to 
 15.1   imprisonment for not more than five years or to payment of a 
 15.2   fine of not more than $10,000, or both. 
 15.3      Sec. 4.  [609.4922] [OFFENSE COMMITTED WHILE ON RELEASE; 
 15.4   ADDITIONAL PENALTY.] 
 15.5      Notwithstanding section 609.035 to the contrary, whoever 
 15.6   commits a crime while on release under chapter 629A must, upon 
 15.7   conviction, be sentenced as follows in addition to the penalty 
 15.8   prescribed for the crime: 
 15.9      (1) if the crime committed while on release is a felony, to 
 15.10  imprisonment for not more than three years or to payment of a 
 15.11  fine of not more than $5,000, or both; or 
 15.12     (2) if the crime committed while on release is a 
 15.13  misdemeanor or gross misdemeanor, to imprisonment for not more 
 15.14  than 90 days or to payment of a fine of not more than $700, or 
 15.15  both. 
 15.16     The court shall provide that the sentence imposed under 
 15.17  this section shall run consecutively to any sentence imposed for 
 15.18  the underlying crime. 
 15.19     Sec. 5.  Minnesota Statutes 1994, section 629.53, is 
 15.20  amended to read: 
 15.21     629.53 [PROVIDING RELEASE ON BAIL; COMMITMENT.] 
 15.22     A person charged with a criminal offense may be released 
 15.23  with or without bail in accordance with rule 6.02 of the rules 
 15.24  of criminal procedure the provisions of chapter 629A.  Money 
 15.25  bail is the property of the accused, whether deposited by that 
 15.26  person or by a third person on the accused's behalf.  When money 
 15.27  bail is accepted by a judge, that judge shall order it to be 
 15.28  deposited with the court administrator.  The court administrator 
 15.29  shall retain it until the final disposition of the case and the 
 15.30  final order of the court disposing of the case.  Upon release, 
 15.31  the amount released must be paid to the accused personally or 
 15.32  upon that person's written order.  In case of conviction, the 
 15.33  judge may order the money bail deposit to be applied to any fine 
 15.34  or restitution imposed on the defendant by the court and, if the 
 15.35  fine or restitution is less than the deposit, order the balance 
 15.36  to be paid to the defendant.  Money bail deposited with the 
 16.1   court or any officer of it is exempt from garnishment or levy 
 16.2   under attachment or execution. 
 16.3      Sec. 6.  Minnesota Statutes 1994, section 629.63, is 
 16.4   amended to read: 
 16.5      629.63 [CONDITIONS UNDER WHICH SURETY MAY ARREST 
 16.6   DEFENDANT.] 
 16.7      If a surety believes that a defendant for whom the surety 
 16.8   is acting as bonding agent is (1) about to flee, (2) will not 
 16.9   appear as required by the defendant's recognizance, or (3) will 
 16.10  otherwise not perform the conditions of the recognizance, the 
 16.11  surety may arrest or have another person or the sheriff arrest 
 16.12  the defendant. 
 16.13     If the surety or another person at the surety's direction 
 16.14  arrests the defendant, the surety or the other person shall take 
 16.15  the defendant before the judge before whom the defendant was 
 16.16  required to appear and surrender the defendant to that judge. 
 16.17     If the surety wants the sheriff to arrest the defendant, 
 16.18  the surety shall deliver a certified copy of the recognizance 
 16.19  under which the defendant is held to the sheriff, with a 
 16.20  direction endorsed on the recognizance requiring the sheriff to 
 16.21  arrest the defendant and bring the defendant before the 
 16.22  appropriate judge. 
 16.23     Upon receiving a certified copy of the recognizance and 
 16.24  payment of the sheriff's fees, the sheriff shall arrest the 
 16.25  defendant and bring the defendant before the judge.  
 16.26     Before a surety who has arrested a defendant who has 
 16.27  violated the conditions of release may personally surrender the 
 16.28  defendant to the appropriate judge, the surety shall notify the 
 16.29  sheriff.  If the defendant at the hearing before the judge is 
 16.30  unable to post increased bail or meet alternative conditions of 
 16.31  release in accordance with Rule 6.03 of the rules of criminal 
 16.32  procedure, the sheriff or a deputy shall take the defendant into 
 16.33  custody.  The judge before whom the defendant is brought by the 
 16.34  surety or the sheriff shall proceed under the provisions of 
 16.35  chapter 629A. 
 16.36     Sec. 7.  Minnesota Statutes 1994, section 629.72, 
 17.1   subdivision 2, is amended to read: 
 17.2      Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
 17.3   before whom the arrested person is brought shall review the 
 17.4   facts surrounding the arrest and detention and either release or 
 17.5   detain the defendant pending trial in accordance with the 
 17.6   provisions of chapter 629A.  The arrested person must be ordered 
 17.7   released pending trial or hearing on the person's personal 
 17.8   recognizance or on an order to appear or upon the execution of 
 17.9   an unsecured bond in a specified amount unless the judge 
 17.10  determines that release (1) will be inimical to public safety, 
 17.11  (2) will create a threat of bodily harm to the arrested person, 
 17.12  the victim of the alleged harassment or assault, or another, or 
 17.13  (3) will not reasonably assure the appearance of the arrested 
 17.14  person at subsequent proceedings.  
 17.15     (b) If the judge determines release is not advisable, the 
 17.16  judge may impose any conditions of release, including money 
 17.17  bail, that will reasonably assure the appearance of the person 
 17.18  for subsequent proceedings, or will protect the victim of the 
 17.19  alleged harassment or assault, or may fix the amount of money 
 17.20  bail without other conditions upon which the arrested person may 
 17.21  obtain release may issue a detention order as provided in 
 17.22  chapter 629A.  If conditions of release are imposed, the judge 
 17.23  shall issue a written order for conditional release.  The court 
 17.24  administrator shall immediately distribute a copy of the order 
 17.25  for conditional release to the agency having custody of the 
 17.26  arrested person and shall provide the agency having custody of 
 17.27  the arrested person with any available information on the 
 17.28  location of the victim in a manner that protects the victim's 
 17.29  safety.  Either the court or its designee or the agency having 
 17.30  custody of the arrested person shall serve upon the defendant a 
 17.31  copy of the order.  Failure to serve the arrested person with a 
 17.32  copy of the order for conditional release does not invalidate 
 17.33  the conditions of release. 
 17.34     (c) If the judge imposes as a condition of release a 
 17.35  requirement that the person have no contact with the victim of 
 17.36  the alleged harassment or assault, the judge may also, on its 
 18.1   own motion or that of the prosecutor or on request of the 
 18.2   victim, issue an ex parte temporary restraining order under 
 18.3   section 609.748, subdivision 4, or an ex parte temporary order 
 18.4   for protection under section 518B.01, subdivision 7.  
 18.5   Notwithstanding section 518B.01, subdivision 7, paragraph (b), 
 18.6   or 609.748, subdivision 4, paragraph (c), the temporary order is 
 18.7   effective until the defendant is convicted or acquitted, or the 
 18.8   charge is dismissed, provided that upon request the defendant is 
 18.9   entitled to a full hearing on the restraining order under 
 18.10  section 609.748, subdivision 5, or on the order for protection 
 18.11  under section 518B.01.  The hearing must be held within seven 
 18.12  days of the defendant's request. 
 18.13     Sec. 8.  [EFFECT OF STATUTE ON CRIMINAL RULES.] 
 18.14     Rules 6.02, 6.03, 19.05, 27.01, 28.02, 28.04, and 29.04 of 
 18.15  the Rules of Criminal Procedure are superseded to the extent of 
 18.16  their conflict with this article and article 2. 
 18.17     Sec. 9.  [REPEALER.] 
 18.18     Minnesota Statutes 1994, sections 609.49; 629.44; 629.45; 
 18.19  629.47; 629.48; 629.49; 629.54; 629.55; 629.58; 629.59; 629.60; 
 18.20  629.61; 629.62; and 629.64, are repealed. 
 18.21     Sec. 10.  [EFFECTIVE DATE.] 
 18.22     Except as otherwise provided in this section, articles 2 
 18.23  and 3 shall become effective only upon ratification of the 
 18.24  amendment proposed in article 1 as provided in the Minnesota 
 18.25  Constitution.  If the constitutional amendment proposed by 
 18.26  article 1 is adopted by the people, articles 2 and 3 are 
 18.27  effective January 1, 1997, and apply to crimes committed on or 
 18.28  after that date.