HF 826

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

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing peace officers to 
  1.3             detain probationers based on an order from the chief 
  1.4             executive officer of a community corrections agency; 
  1.5             amending Minnesota Statutes 1994, section 401.02, 
  1.6             subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 401.02, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [DETAINING PERSON ON CONDITIONAL RELEASE OR 
  1.11  PROBATION.] (a) The written order of the chief executive officer 
  1.12  or designee of a community corrections agency established under 
  1.13  this chapter is sufficient authority for peace officers and 
  1.14  probation officers serving the district and juvenile courts 
  1.15  of participating counties participating in the subsidy program 
  1.16  established by this chapter may, without order or warrant, when 
  1.17  it appears necessary to prevent escape or enforce discipline, to 
  1.18  take and detain a probationer, or any person on conditional 
  1.19  release and bring that person before the court or the 
  1.20  commissioner of corrections or a designee, whichever is 
  1.21  appropriate, for disposition.  No probationer or other person on 
  1.22  conditional release shall be detained more than 72 hours, 
  1.23  exclusive of legal holidays, Saturdays and Sundays, pursuant to 
  1.24  this subdivision without being provided with the opportunity for 
  1.25  a hearing before the court or the commissioner of corrections or 
  1.26  a designee.  
  2.1      (b) The written order of the chief executive officer or 
  2.2   designee of a community corrections agency established under 
  2.3   this chapter is sufficient authority for probation officers 
  2.4   serving the district and juvenile courts of participating 
  2.5   counties to release within 72 hours, exclusive of legal 
  2.6   holidays, Saturdays, and Sundays, without appearance before the 
  2.7   court or the commissioner of corrections or a designee, any 
  2.8   person detained pursuant to paragraph (a). 
  2.9      (c) When providing supervision and other correctional 
  2.10  services to persons conditionally released pursuant to sections 
  2.11  241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including 
  2.12  intercounty transfer of persons on conditional release, and the 
  2.13  conduct of presentence investigations, participating counties 
  2.14  shall comply with the policies and procedures relating thereto 
  2.15  as prescribed by the commissioner of corrections.  
  2.16     (b) (d) The written order of the chief executive officer or 
  2.17  designee of a community corrections agency established under 
  2.18  this chapter is sufficient authority for any peace officer or 
  2.19  county probation officer to take and place in actual custody any 
  2.20  person under sentence or on probation who: 
  2.21     (1) fails to report to serve a sentence at a local 
  2.22  correctional facility, as defined in section 241.021, 
  2.23  subdivision 1; 
  2.24     (2) fails to return from furlough or authorized temporary 
  2.25  release from a local correctional facility; 
  2.26     (3) escapes from a local correctional facility; or 
  2.27     (4) absconds from court-ordered home detention. 
  2.28     (c) (e) The written order of the chief executive officer or 
  2.29  designee of a community corrections agency established under 
  2.30  this chapter is sufficient authority for any peace officer or 
  2.31  county probation officer to take and place in actual custody any 
  2.32  person on a court authorized pretrial release who absconds from 
  2.33  pretrial release or fails to abide by the conditions of pretrial 
  2.34  release.