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HF 1301

Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to public safety; clarifying authority of apprehension and detention
orders outside county that issued the order; amending Minnesota Statutes 2008,
section 401.025, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 401.025, subdivision 1, is amended to read:


Subdivision 1.

Peace officers and probation officers serving CCA counties.

(a)
When it appears necessary to enforce discipline or to prevent a person on conditional
release from escaping or absconding from supervision, the chief executive officer or
designee of a community corrections agency in a CCA county has the authority to issue
a written order directing any peace officer deleted text begin in the countydeleted text end or any probation officernew text begin in the
statenew text end serving the district and juvenile courts deleted text begin of the countydeleted text end to detain and bring the person
before the court or the commissioner, whichever is appropriate, for disposition. This
written order is sufficient authority for the peace officer or probation officer to detain the
person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a
hearing before the court or the commissioner.

(b) The chief executive officer or designee of a community corrections agency in a
CCA county has the authority to issue a written order directing anew text begin peace officer ornew text end probation
officer serving the district and juvenile courts deleted text begin of the countydeleted text end to release a person detained
under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without
an appearance before the court or the commissioner. This written order is sufficient
authority for thenew text begin peace officer ornew text end probation officer to release the detained person.

(c) The chief executive officer or designee of a community corrections agency in a
CCA county has the authority to issue a written order directing any peace officer deleted text begin in the
countydeleted text end or any probation officer serving the district and juvenile courts deleted text begin of the countydeleted text end to
detain any person on court-ordered pretrial release who absconds from pretrial release
or fails to abide by the conditions of pretrial release. A written order issued under this
paragraph is sufficient authority for the peace officer or probation officer to detain the
person.