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HF 1761

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/09/2021 12:40pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to courts; prohibiting revocation of probation for certain violations unless
the person poses a risk to public safety; amending Minnesota Statutes 2020, sections
244.195, subdivision 2; 401.025, subdivision 1; 609.14, subdivision 1, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 244.195, subdivision 2, is amended to read:


Subd. 2.

Detention pending hearing.

When it appears necessary to enforce discipline
or to prevent a person on conditional release from escaping or absconding from supervision,
a court services director has the authority to issue a written order directing any peace officer
or any probation officer in the state serving the district and juvenile courts to detain and
bring the person before the court or the commissioner, whichever is appropriate, for
disposition. new text beginIf the person on conditional release commits a violation described in section
609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable
belief that the order is necessary to prevent the person from escaping or absconding from
supervision or that the continued presence of the person in the community presents a risk
to public safety before issuing a written order.
new text endThis 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.

Sec. 2.

Minnesota Statutes 2020, 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 or any probation officer in the state serving the district and
juvenile courts to detain and bring the person before the court or the commissioner, whichever
is appropriate, for disposition. new text beginIf the person on conditional release commits a violation
described in section 609.14, subdivision 1a, paragraph (a), the chief executive officer or
designee must have a reasonable belief that the order is necessary to prevent the person
from escaping or absconding from supervision or that the continued presence of the person
in the community presents a risk to public safety before issuing a written order.
new text endThis 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 a peace officer or probation officer
serving the district and juvenile courts 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 the peace officer
or 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 or any probation
officer serving the district and juvenile courts 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to violations
that occur on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 609.14, subdivision 1, is amended to read:


Subdivision 1.

Grounds.

(a) When it appears that the defendant has violated any of the
conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct
which warrants the imposing or execution of sentence, the court may without notice revoke
the stay and direct that the defendant be taken into immediate custody.new text begin Revocation should
only be used as a last resort when rehabilitation has failed.
new text end

(b) When it appears that the defendant violated any of the conditions of probation during
the term of the stay, but the term of the stay has since expired, the defendant's probation
officer or the prosecutor may ask the court to initiate probation revocation proceedings
under the Rules of Criminal Procedure at any time within six months after the expiration
of the stay. The court also may initiate proceedings under these circumstances on its own
motion. If proceedings are initiated within this six-month period, the court may conduct a
revocation hearing and take any action authorized under rule 27.04 at any time during or
after the six-month period.

(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after
proceedings to revoke the stay have been initiated by a court order revoking the stay and
directing either that the defendant be taken into custody or that a summons be issued in
accordance with paragraph (a), the proceedings to revoke the stay may be concluded and
the summary hearing provided by subdivision 2 may be conducted after the expiration of
the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke
the stay shall not be dismissed on the basis that the summary hearing is conducted after the
term of the stay or after the six-month period. The ability or inability to locate or apprehend
the defendant prior to the expiration of the stay or during or after the six-month period shall
not preclude the court from conducting the summary hearing unless the defendant
demonstrates that the delay was purposefully caused by the state in order to gain an unfair
advantage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to violations
that occur on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 609.14, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Violations where policies favor continued rehabilitation. new text end

new text begin (a) Correctional
treatment is better provided through a community resource than through confinement, it
would not unduly depreciate the seriousness of the violation if probation was not revoked,
and the policies favoring probation outweigh the need for confinement if a person has not
previously violated a condition of probation or intermediate sanction and does any of the
following in violation of a condition imposed by the court:
new text end

new text begin (1) fails to abstain from the use of controlled substances without a valid prescription,
unless the person is under supervision for a violation of:
new text end

new text begin (i) section 169A.20;
new text end

new text begin (ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end

new text begin (iii) 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or
subdivision 3, clauses (2) to (6);
new text end

new text begin (2) fails to abstain from the use of alcohol, unless the person is under supervision for a
violation of:
new text end

new text begin (i) section 169A.20;
new text end

new text begin (ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end

new text begin (iii) 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or
subdivision 3, clauses (2) to (6);
new text end

new text begin (3) possesses drug paraphernalia in violation of section 152.092;
new text end

new text begin (4) fails to obtain or maintain employment;
new text end

new text begin (5) fails to pursue a course of study or vocational training;
new text end

new text begin (6) fails to report a change in employment, unless the person is prohibited from having
contact with minors and the employment would involve such contact;
new text end

new text begin (7) violates a curfew;
new text end

new text begin (8) fails to report contact with a law enforcement agency, unless the person was charged
with a misdemeanor, gross misdemeanor, or felony; or
new text end

new text begin (9) commits any offense for which the penalty is a petty misdemeanor.
new text end

new text begin (b) A violation by a person described in paragraph (a) does not warrant the imposition
or execution of sentence and the court may not direct that the person be taken into immediate
custody unless the court receives a written report, signed under penalty of perjury pursuant
to section 358.116, showing probable cause to believe the person violated probation and
establishing by a preponderance of the evidence that the continued presence of the person
in the community would present a risk to public safety. If the court does not direct that the
person be taken into custody, the court may request a supplemental report from the
supervising agent containing:
new text end

new text begin (1) the specific nature of the violation;
new text end

new text begin (2) the response of the person under supervision to the violation, if any; and
new text end

new text begin (3) the actions the supervising agent has taken or will take to address the violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to violations
that occur on or after that date.
new text end