HF 2250

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; 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 safety of any individual 
  1.6             or the public; providing procedures governing pretrial 
  1.7             and postconviction release and detention decisions; 
  1.8             providing for appellate review of release and 
  1.9             detention orders; imposing criminal penalties for 
  1.10            failure to appear in court as required and for 
  1.11            commission of a crime while on release; amending 
  1.12            Minnesota Statutes 1996, sections 589.16; 609.49, 
  1.13            subdivision 3; 629.53; 629.63; 629.715, subdivision 1; 
  1.14            and 629.72, subdivision 2; proposing coding for new 
  1.15            law in Minnesota Statutes, chapter 609; proposing 
  1.16            coding for new law as Minnesota Statutes, chapter 
  1.17            629A; repealing Minnesota Statutes 1996, sections 
  1.18            609.49, subdivisions 1 and 2; 629.44; 629.45; 629.47; 
  1.19            629.48; 629.49; 629.54; 629.55; 629.58; 629.59; 
  1.20            629.60; 629.61; 629.62; and 629.64. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22                             ARTICLE 1
  1.23                      CONSTITUTIONAL AMENDMENT
  1.24     Section 1.  [PROPOSED AMENDMENT.] 
  1.25     An amendment to the Minnesota Constitution, article I, 
  1.26  section 7, is proposed to the people.  If the amendment is 
  1.27  adopted, the section will read as follows: 
  1.28     Sec. 7.  No person shall be held to answer for a criminal 
  1.29  offense without due process of law, and no person shall be put 
  1.30  twice in jeopardy of punishment for the same offense, nor be 
  1.31  compelled in any criminal case to be a witness against himself, 
  1.32  nor be deprived of life, liberty or property without due process 
  1.33  of law.  All persons before conviction shall be bailable by 
  2.1   sufficient sureties, except for capital offenses when the proof 
  2.2   is evident or the presumption great when the safety of any 
  2.3   individual or the public requires that the person not be 
  2.4   released on bail for serious offenses, as determined by the 
  2.5   legislature.  The privilege of the writ of habeas corpus shall 
  2.6   not be suspended unless the public safety requires it in case of 
  2.7   rebellion or invasion. 
  2.8      Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.9      The proposed amendment must be submitted to the people at 
  2.10  the 1998 general election.  The question submitted to the people 
  2.11  must be: 
  2.12     "Shall the Minnesota Constitution be amended to permit 
  2.13  courts to detain criminal defendants before trial when necessary 
  2.14  to protect the safety of any individual or the public? 
  2.15                                     Yes .......
  2.16                                     No ........"
  2.17     Election procedures are as provided by law. 
  2.18                             ARTICLE 2
  2.19                         GENERAL PROVISIONS
  2.20     Section 1.  [629A.01] [RELEASE OR DETENTION OF A DEFENDANT 
  2.21  PENDING TRIAL; CONSIDERATIONS AND CONDITIONS.] 
  2.22     Subdivision 1.  [IN GENERAL.] Upon the appearance of a 
  2.23  person charged with a criminal offense before a judge of a 
  2.24  district court or a judicial officer designated by the court to 
  2.25  perform the function of pretrial release or detention, the judge 
  2.26  or judicial officer shall issue an order that, pending trial, 
  2.27  the person be released or detained as provided in this section. 
  2.28     Subd. 2.  [RELEASE.] (a) The judge or judicial officer 
  2.29  shall order the pretrial release of the defendant on the 
  2.30  defendant's personal recognizance or upon execution of an 
  2.31  unsecured appearance bond in an amount specified by the court, 
  2.32  subject to the condition that the defendant not commit a 
  2.33  criminal act during the period of release.  However, if the 
  2.34  judge or judicial officer determines that release under these 
  2.35  conditions will not reasonably assure the appearance of the 
  2.36  defendant as required or will endanger the safety of any other 
  3.1   person or the community, the judge or judicial officer shall 
  3.2   order the pretrial release of the defendant while imposing any 
  3.3   condition or combination of conditions of release listed in 
  3.4   paragraph (b). 
  3.5      (b) If the judge or judicial officer determines that 
  3.6   releasing the defendant as provided in paragraph (a) will not 
  3.7   reasonably assure the appearance of the defendant as required or 
  3.8   will endanger the safety of any other person or the community, 
  3.9   the judge or judicial officer shall order the pretrial release 
  3.10  of the defendant while imposing, either in lieu of or in 
  3.11  addition to the conditions described in paragraph (a), the first 
  3.12  of the following conditions of release that will reasonably 
  3.13  assure the appearance of the defendant as required and the 
  3.14  safety of any other person and the community or when otherwise 
  3.15  required, or, if no single condition gives that assurance, any 
  3.16  combination of the following conditions: 
  3.17     (1) that the defendant remain in the custody of a 
  3.18  designated person who agrees to supervise the defendant and 
  3.19  report any violation of the release order to the court, if the 
  3.20  designated person is reasonably able to assure the judge or 
  3.21  judicial officer that the defendant will appear as required and 
  3.22  will not pose a danger to the safety of any other person or the 
  3.23  community; 
  3.24     (2) that the defendant maintain employment, or, if 
  3.25  unemployed, actively seek employment; 
  3.26     (3) that the defendant maintain or begin an educational 
  3.27  program; 
  3.28     (4) that the defendant abide by named restrictions on the 
  3.29  defendant's personal associations, place of abode, or travel; 
  3.30     (5) that the defendant avoid all contact with an alleged 
  3.31  victim of the crime and with any potential witness who may 
  3.32  testify concerning the alleged crime; 
  3.33     (6) that the defendant report on a regular basis to a 
  3.34  designated law enforcement or court services agency; 
  3.35     (7) that the defendant comply with a specified curfew; 
  3.36     (8) that the defendant refrain from possessing a firearm, 
  4.1   destructive device, or other dangerous weapon; 
  4.2      (9) that the defendant refrain from excessive use of 
  4.3   alcohol, or any use of a controlled substance, as defined in 
  4.4   section 152.01, without a prescription by a licensed medical 
  4.5   professional; 
  4.6      (10) that the defendant undergo available medical, 
  4.7   psychological, or psychiatric treatment, including treatment for 
  4.8   chemical dependency, and remain in a named institution if 
  4.9   required for that purpose; 
  4.10     (11) that the defendant execute an agreement to forfeit 
  4.11  upon failing to appear as required, designated property of a 
  4.12  sufficient unencumbered value, including money, as is reasonably 
  4.13  necessary to assure the appearance of the defendant as required, 
  4.14  and that the defendant post with the court proof of property 
  4.15  ownership and the value of the property along with any 
  4.16  information requested by the court regarding existing 
  4.17  encumbrances; 
  4.18     (12) that the defendant execute an agreement to forfeit 
  4.19  upon failing to perform any of the conditions of release, 
  4.20  designated property of a sufficient unencumbered value, 
  4.21  including money, as is reasonably necessary to assure the 
  4.22  defendant's performance of the conditions of release, and that 
  4.23  the defendant post with the court proof of property ownership 
  4.24  and the value of the property along with any information 
  4.25  requested by the court regarding existing encumbrances; 
  4.26     (13) that the defendant execute an appearance bond with 
  4.27  sufficient solvent sureties or deposit cash or other sufficient 
  4.28  security in an amount sufficient to assure the appearance of the 
  4.29  defendant as required; 
  4.30     (14) that the defendant return to custody for specified 
  4.31  hours following release for employment, schooling, or other 
  4.32  limited purposes; and 
  4.33     (15) that the defendant satisfy any other condition that is 
  4.34  reasonably necessary to assure the appearance of the defendant 
  4.35  as required and to assure the safety of any other person and the 
  4.36  community. 
  5.1      The judge or judicial officer may not impose a financial 
  5.2   condition that results in the pretrial detention of the 
  5.3   defendant. 
  5.4      The judge or judicial officer may at any time amend the 
  5.5   release order to impose additional or different conditions of 
  5.6   release. 
  5.7      Subd. 3.  [TEMPORARY DETENTION TO PERMIT REVOCATION OF 
  5.8   RELEASE.] Except as otherwise provided in sections 629.01 to 
  5.9   629.291, a judge or judicial officer may order a defendant 
  5.10  detained for a period of not more than ten days, excluding 
  5.11  weekends and holidays if the judge or judicial officer 
  5.12  determines that the defendant: 
  5.13     (1) is and was when the alleged crime was committed: 
  5.14     (i) on release pending trial on any local, state, or 
  5.15  federal charge; 
  5.16     (ii) on release pending imposition or execution of 
  5.17  sentence, appeal of sentence or conviction, or completion of 
  5.18  sentence for any local, state, or federal offense; or 
  5.19     (iii) on probation, parole, conditional release, or 
  5.20  supervised release for any local, state, or federal offense; and 
  5.21     (2) may flee or pose a danger to any other person or the 
  5.22  community. 
  5.23  Upon issuing a temporary detention order under this subdivision, 
  5.24  the judge or judicial officer shall direct the prosecuting 
  5.25  attorney to notify the appropriate local, state, or federal 
  5.26  court or government agency.  If the court or agency notified 
  5.27  fails or declines to take the defendant into custody during this 
  5.28  time period, the judge or judicial officer shall release or 
  5.29  detain the defendant as provided in this section. 
  5.30     Subd. 4.  [DETENTION PENDING TRIAL.] If, after a hearing 
  5.31  conducted under section 629A.02, the judge or judicial officer 
  5.32  finds that no condition or combination of conditions will 
  5.33  reasonably assure the safety of any other person or the 
  5.34  community, the judge or judicial officer shall order the 
  5.35  detention of the defendant before trial. 
  5.36     Sec. 2.  [629A.02] [PRETRIAL DETENTION HEARING.] 
  6.1      Subdivision 1.  [WHEN HELD.] The judge or judicial officer 
  6.2   shall hold a pretrial detention hearing in the following cases 
  6.3   to determine whether any condition or combination of conditions 
  6.4   set forth in section 629A.01, subdivision 2, will reasonably 
  6.5   assure the safety of any other person or the community: 
  6.6      (1) upon motion by the prosecuting attorney in any case in 
  6.7   which the defendant is charged with: 
  6.8      (i) violating sections 609.185 (murder in the first 
  6.9   degree), 609.19 (murder in the second degree), 609.195 (murder 
  6.10  in the third degree), 609.20 (manslaughter in the first degree), 
  6.11  609.205 (manslaughter in the second degree), 609.21 (criminal 
  6.12  vehicular homicide and injury), 609.342 (criminal sexual conduct 
  6.13  in the first degree), 609.343 (criminal sexual conduct in the 
  6.14  second degree), 609.221 (assault in the first degree), 609.222 
  6.15  (assault in the second degree), 609.25 (kidnapping), a crime 
  6.16  committed with a firearm, or an attempt to commit any of these 
  6.17  crimes; or 
  6.18     (ii) committing any violent crime as defined in section 
  6.19  609.152, subdivision 1, if the defendant has two or more prior 
  6.20  convictions for violent crimes; or 
  6.21     (2) upon motion by the prosecuting attorney or by the court 
  6.22  on its own motion, in any felony case involving a serious risk 
  6.23  that the defendant will threaten, injure, or intimidate, or 
  6.24  attempt to threaten, injure, or intimidate a prospective witness 
  6.25  or juror.  
  6.26     The detention hearing must be held immediately upon the 
  6.27  defendant's first appearance before the judge or judicial 
  6.28  officer, unless the defendant or the prosecuting attorney seeks 
  6.29  a continuance.  Except for good cause, a continuance may not 
  6.30  exceed five days.  During a continuance, the defendant shall be 
  6.31  detained. 
  6.32     Subd. 2.  [RIGHTS AND PROCEDURES.] At the detention 
  6.33  hearing, the defendant has the following rights: 
  6.34     (1) to be represented by counsel.  If the defendant is 
  6.35  financially unable to obtain adequate representation, the court 
  6.36  shall appoint counsel at public expense to represent the 
  7.1   defendant; and 
  7.2      (2) to testify, present witnesses, cross-examine witnesses 
  7.3   who appear at the hearing, and present information by proffer or 
  7.4   otherwise.  
  7.5      The rules concerning the admissibility of evidence in 
  7.6   criminal trials do not apply to the presentation and 
  7.7   consideration of information at the hearing.  The defendant may 
  7.8   be detained pending completion of the hearing. 
  7.9      Subd. 3.  [STANDARD OF PROOF.] If the judge or judicial 
  7.10  officer finds that no condition or combination of conditions 
  7.11  will reasonably assure the safety of any other person or the 
  7.12  community, the facts used to support the finding must be 
  7.13  established by a preponderance of the evidence. 
  7.14     Subd. 4.  [REOPENING OF HEARING.] The hearing may be 
  7.15  reopened after a determination by the judge or judicial officer, 
  7.16  at any time before trial, if the judge or judicial officer finds 
  7.17  that information exists that was not known to the movant at the 
  7.18  time of the hearing and that has a material bearing on the issue 
  7.19  of whether there are conditions of release that will reasonably 
  7.20  assure the appearance of the defendant as required and the 
  7.21  safety of any other person and the community. 
  7.22     Sec. 3.  [629A.03] [FACTORS TO BE CONSIDERED IN ORDERING 
  7.23  RELEASE OR DETENTION.] 
  7.24     In determining whether there are conditions of release that 
  7.25  will reasonably assure the safety of any other person or the 
  7.26  community, the judge or judicial officer shall take into account 
  7.27  available information concerning: 
  7.28     (1) the nature and circumstances of the offense charged; 
  7.29     (2) the weight of the evidence against the defendant; 
  7.30     (3) the history and characteristics of the defendant, 
  7.31  including: 
  7.32     (i) the defendant's character, physical and mental 
  7.33  condition, family ties, employment, financial resources, length 
  7.34  of residence in the community, community ties, past conduct, 
  7.35  history relating to drug or alcohol abuse, criminal history, and 
  7.36  record concerning appearance at court proceedings; and 
  8.1      (ii) whether, when the current offense or arrest occurred, 
  8.2   the defendant was on probation, parole, or other release pending 
  8.3   trial, sentencing, appeal, or completion of sentence for an 
  8.4   offense under federal, state, or local law; and 
  8.5      (4) the nature and seriousness of the danger to any other 
  8.6   person or the community that would be posed by the defendant's 
  8.7   release. 
  8.8      In considering the financial conditions of release 
  8.9   described in section 629A.01, subdivision 2, the court may, on 
  8.10  its own motion, or shall, upon the motion of the prosecuting 
  8.11  attorney, conduct an inquiry into the source of the property to 
  8.12  be designated for possible forfeiture or offered as collateral 
  8.13  to secure a bond, and shall decline to accept the designation or 
  8.14  the use as collateral of property that, because of its source, 
  8.15  will not reasonably assure the defendant's appearance as 
  8.16  required or the defendant's performance of the conditions of 
  8.17  release. 
  8.18     Sec. 4.  [629A.04] [CONTENTS OF RELEASE ORDER.] 
  8.19     In a release order issued under section 629A.01, 
  8.20  subdivision 2, the judge or judicial officer shall include the 
  8.21  following: 
  8.22     (1) a written statement that sets forth all the conditions 
  8.23  to which the release is subject, in a manner sufficiently clear 
  8.24  and specific to serve as a guide for the defendant's conduct; 
  8.25  and 
  8.26     (2) an advisory to the defendant concerning: 
  8.27     (i) the penalties for violating a condition of release, 
  8.28  including the penalties for committing an offense while on 
  8.29  pretrial release; 
  8.30     (ii) the consequences for violating a condition of release, 
  8.31  including the immediate issuance of a warrant for the 
  8.32  defendant's arrest; and 
  8.33     (iii) the provisions and penalties of sections 609.498 and 
  8.34  609.50. 
  8.35     Sec. 5.  [629A.05] [CONTENTS OF DETENTION ORDER.] 
  8.36     Subdivision 1.  [CONTENTS.] In a detention order issued 
  9.1   under section 629A.01, subdivision 4, the judge or judicial 
  9.2   officer shall include the following: 
  9.3      (1) written findings of fact and a written statement of the 
  9.4   reasons for detention; 
  9.5      (2) an order that the defendant be confined in a 
  9.6   correctional facility separate, to the extent possible, from 
  9.7   persons awaiting or serving sentences or being held in custody 
  9.8   pending appeal; 
  9.9      (3) an order that the defendant be given reasonable 
  9.10  opportunity to consult privately with counsel; and 
  9.11     (4) an order that, upon court order or the request of a 
  9.12  prosecuting attorney, the person in charge of the facility 
  9.13  deliver the defendant to appear in court. 
  9.14     Subd. 2.  [TEMPORARY RELEASE.] The judge or judicial 
  9.15  officer, by later order, may permit the temporary release of the 
  9.16  defendant in the custody of an appropriate person to the extent 
  9.17  that the judge or judicial officer determines release to be 
  9.18  necessary for preparation of the defendant's defense or for 
  9.19  another compelling reason. 
  9.20     Sec. 6.  [629A.06] [PRESUMPTION OF INNOCENCE.] 
  9.21     Nothing in sections 629A.01 to 629A.05 may be construed as 
  9.22  changing or limiting the presumption of innocence. 
  9.23     Sec. 7.  [629A.07] [RELEASE OR DETENTION OF A DEFENDANT 
  9.24  PENDING SENTENCE OR APPEAL.] 
  9.25     Subdivision 1.  [PENDING SENTENCING.] (a) Except as 
  9.26  provided in paragraph (b), a judge or judicial officer shall 
  9.27  order that a person who has been found guilty of an offense for 
  9.28  which the sentencing guidelines presume an executed prison 
  9.29  sentence for a person with the defendant's criminal history 
  9.30  score and who is awaiting imposition or execution of sentence be 
  9.31  detained.  However, if the judge or judicial officer finds by 
  9.32  clear and convincing evidence that the person is not likely to 
  9.33  flee or pose a danger to the safety of any other person or the 
  9.34  community if released under section 629A.01, subdivision 2, the 
  9.35  judge or judicial officer may order the release of the person in 
  9.36  accordance with the provisions of section 629A.01, subdivision 2.
 10.1      (b) If a person has been convicted of a crime described in 
 10.2   section 629A.02, subdivision 1, clause (1), the judge or 
 10.3   judicial officer shall order that the person be detained unless: 
 10.4      (1)(i) the judge or judicial officer finds that there is a 
 10.5   substantial likelihood that a motion for acquittal, to vacate 
 10.6   judgment, or for a new trial will be granted; or 
 10.7      (ii) the prosecuting attorney has recommended a downward 
 10.8   dispositional departure; and 
 10.9      (2) the judge or judicial officer finds by clear and 
 10.10  convincing evidence that the person is not likely to flee or 
 10.11  pose a danger to the safety of any other person or the community 
 10.12  if released. 
 10.13     Subd. 2.  [RELEASE OR DETENTION PENDING APPEAL BY 
 10.14  DEFENDANT.] (a) Except as provided in paragraph (b), a judge or 
 10.15  judicial officer shall order that a person who has been found 
 10.16  guilty of an offense and sentenced to a term of imprisonment and 
 10.17  who has filed an appeal or a petition for postconviction relief 
 10.18  under chapter 590, be detained, unless the judge or judicial 
 10.19  officer finds by clear and convincing evidence that: 
 10.20     (1) the person is not likely to flee or pose a danger to 
 10.21  the safety of any other person or the community if released 
 10.22  under section 629A.01, subdivision 2; and 
 10.23     (2) that the appeal or petition is not for purpose of delay 
 10.24  and raises a substantial question of law or fact likely to 
 10.25  result in reversal or an order for a new trial. 
 10.26  Upon making these findings, the judge or judicial officer shall 
 10.27  order the release of the person in accordance with the 
 10.28  provisions of section 629A.01, subdivision 2. 
 10.29     (b) A judge or judicial officer shall order a person 
 10.30  detained pending appeal or hearing on a petition for 
 10.31  postconviction relief if the person has been found guilty of an 
 10.32  offense described in section 629A.02, subdivision 1, clause (1). 
 10.33     Subd. 3.  [RELEASE OR DETENTION PENDING APPEAL BY 
 10.34  PROSECUTING ATTORNEY.] Unless the defendant is otherwise subject 
 10.35  to a release or detention order, the judge or judicial officer 
 10.36  shall treat a defendant in accordance with the provisions of 
 11.1   sections 629A.01 to 629A.05 when an appeal is taken by a 
 11.2   prosecuting attorney from a pretrial order under rule 28.04 of 
 11.3   the Rules of Criminal Procedure. 
 11.4      Sec. 8.  [629A.08] [REVIEW AND APPEAL OF A RELEASE OR 
 11.5   DETENTION ORDER.] 
 11.6      Subdivision 1.  [REVIEW OF RELEASE ORDER ISSUED BY JUDICIAL 
 11.7   OFFICER.] If a defendant is ordered released by a judicial 
 11.8   officer other than a judge, the prosecuting attorney may file 
 11.9   with the judge having jurisdiction over the case, a motion for 
 11.10  revocation of the order or amendment of the conditions of 
 11.11  release, and a defendant may file a motion with the judge for 
 11.12  amendment of the conditions of release.  The motion or motions 
 11.13  must be heard and determined promptly by the judge. 
 11.14     Subd. 2.  [REVIEW OF A DETENTION ORDER ISSUED BY JUDICIAL 
 11.15  OFFICER.] If a defendant is ordered detained by a judicial 
 11.16  officer other than a judge, the defendant may file a motion with 
 11.17  the judge having jurisdiction over the case for revocation or 
 11.18  amendment of the order.  The motion must be heard and determined 
 11.19  promptly by the judge. 
 11.20     Subd. 3.  [APPEAL FROM RELEASE OR DETENTION ORDER.] An 
 11.21  appeal to the court of appeals may be taken by the defendant or 
 11.22  the prosecuting attorney from a release or detention order, or 
 11.23  from a decision denying revocation or amendment of an order.  
 11.24  The appeal must be heard and determined promptly. 
 11.25     Sec. 9.  [629A.09] [SANCTIONS FOR VIOLATION OF RELEASE 
 11.26  CONDITION.] 
 11.27     Subdivision 1.  [AVAILABLE SANCTIONS.] A person who has 
 11.28  been released under section 629A.02 and who has violated a 
 11.29  condition of the release is subject to revocation of release, an 
 11.30  order of detention, and prosecution for contempt of court.  If 
 11.31  the court has required execution of an appearance bond, the 
 11.32  court may revoke the bond and order that the property, including 
 11.33  money, be forfeited. 
 11.34     Subd. 2.  [REVOCATION OF RELEASE.] The prosecuting attorney 
 11.35  may begin a proceeding for revocation of an order for release by 
 11.36  filing a motion with the trial court.  A judge or judicial 
 12.1   officer may issue a warrant for the arrest of a person charged 
 12.2   with violating a condition of release, and the person must be 
 12.3   brought before a judge or judicial officer in the district in 
 12.4   which the arrest was ordered for a proceeding in accordance with 
 12.5   this section.  To the extent practicable, a person charged with 
 12.6   violating the condition of release that the person not commit 
 12.7   any criminal act during the period of release must be brought 
 12.8   before the judge or judicial officer who ordered the release and 
 12.9   whose order is alleged to have been violated. 
 12.10     The judge or judicial officer shall enter an order of 
 12.11  revocation and detention if, after a hearing, the judge or 
 12.12  judicial officer finds the following: 
 12.13     (1)(i) probable cause to believe that the person has 
 12.14  committed a federal, state, or local crime while on release, or 
 12.15  (ii) facts proven by a preponderance of the evidence that the 
 12.16  person has violated any other condition of release; and 
 12.17     (2)(i) based on the factors set forth in section 629A.03, 
 12.18  there is no condition or combination of conditions of release 
 12.19  that will assure that the person will not pose a danger to the 
 12.20  safety of any other person or the community, or (ii) the person 
 12.21  is unlikely to abide by any condition or combination of 
 12.22  conditions of release. 
 12.23     If the judge or judicial officer finds that there are 
 12.24  conditions of release that will assure that the person will not 
 12.25  pose a danger to the safety of any other person or the 
 12.26  community, and that the person will abide by these conditions, 
 12.27  the judge or judicial officer shall treat the person in 
 12.28  accordance with the provisions of sections 629A.01 to 629A.05 
 12.29  and may amend the conditions or release accordingly. 
 12.30     Subd. 3.  [PROSECUTION FOR CONTEMPT.] If the person has 
 12.31  violated a condition of release, the judge or judicial officer 
 12.32  may begin a contempt proceeding in accordance with the 
 12.33  provisions of chapter 588. 
 12.34                             ARTICLE 3
 12.35               MISCELLANEOUS AND TECHNICAL PROVISIONS
 12.36     Section 1.  Minnesota Statutes 1996, section 589.16, is 
 13.1   amended to read: 
 13.2      589.16 [WHEN BAIL RELEASE OR REMAND OR DISCHARGE ALLOWED.] 
 13.3      If the petitioner has been legally committed for a criminal 
 13.4   offense, or if upon hearing it appears by the testimony offered 
 13.5   with the return that the petitioner is guilty of the offense, 
 13.6   although the commitment is irregular, the judge before whom the 
 13.7   petitioner is brought shall allow release on bail, if good bail 
 13.8   is offered, or, if not, the judge shall immediately send that 
 13.9   petitioner back to the detaining authority proceed under the 
 13.10  applicable provisions of chapter 629A.  In other cases the 
 13.11  petitioner must be placed in the custody of the person legally 
 13.12  entitled to custody, or, if no one is so entitled, the 
 13.13  petitioner must be discharged.  
 13.14     Sec. 2.  [609.489] [ADULT OFFENDERS; RELEASE, FAILURE TO 
 13.15  APPEAR.] 
 13.16     Subdivision 1.  [CRIME.] Whoever knowingly fails to appear 
 13.17  before a court as required by the conditions of release imposed 
 13.18  under chapter 629A, or knowingly fails to surrender for service 
 13.19  of sentence under a court order, is guilty of a crime and may be 
 13.20  sentenced as provided in subdivision 2. 
 13.21     Subd. 2.  [PENALTIES.] A person who is convicted of 
 13.22  violating subdivision 1 may be sentenced as follows: 
 13.23     (1) if the person was released in connection with a charge 
 13.24  of, or while awaiting sentence, surrender for service of 
 13.25  sentence, or appeal following conviction for a crime punishable 
 13.26  by life imprisonment or by a term of imprisonment of 20 years or 
 13.27  more, to imprisonment for not more than ten years or to payment 
 13.28  of a fine of not more than $20,000, or both; 
 13.29     (2) if the person was released in connection with a charge 
 13.30  of, or while awaiting sentence, surrender for service of 
 13.31  sentence, or appeal following conviction for a crime punishable 
 13.32  by a maximum term of imprisonment of at least ten years but less 
 13.33  than 20 years, to imprisonment for not more than five years or 
 13.34  to payment of a fine of not more than $10,000, or both; 
 13.35     (3) if the person was released in connection with a charge 
 13.36  of, or while awaiting sentence, surrender for service of 
 14.1   sentence, or appeal following conviction for any other felony, 
 14.2   to imprisonment for not more than one year or to payment of a 
 14.3   fine of not more than $3,000, or both; and 
 14.4      (4) if the person was released in connection with a charge 
 14.5   of, or while awaiting sentence, surrender for service of 
 14.6   sentence, or appeal following conviction for a misdemeanor or 
 14.7   gross misdemeanor, to imprisonment for not more than 90 days or 
 14.8   to payment of a fine of not more than $700, or both. 
 14.9      Subd. 3.  [AFFIRMATIVE DEFENSE.] If proven by a 
 14.10  preponderance of the evidence, it is an affirmative defense to a 
 14.11  prosecution under this section that: 
 14.12     (1) uncontrollable circumstances prevented the person from 
 14.13  appearing or surrendering; 
 14.14     (2) the person did not contribute to the creation of these 
 14.15  circumstances in reckless disregard to the requirement to appear 
 14.16  or surrender; and 
 14.17     (3) the person appeared or surrendered as soon as these 
 14.18  circumstances ceased to exist. 
 14.19     Sec. 3.  Minnesota Statutes 1996, section 609.49, 
 14.20  subdivision 3, is amended to read: 
 14.21     Subd. 3.  [AFFIRMATIVE DEFENSE.] If proven by a 
 14.22  preponderance of the evidence, it is an affirmative defense to a 
 14.23  violation of subdivision 1, 1a, or 2 that the person's failure 
 14.24  to appear in court as required was due to circumstances beyond 
 14.25  the person's control. 
 14.26     Sec. 4.  [609.492] [CRIME COMMITTED WHILE ON RELEASE.] 
 14.27     A person who commits a crime while on release under chapter 
 14.28  629A is guilty of a crime and may be sentenced as follows: 
 14.29     (1) if the crime committed while on release is a felony, 
 14.30  the statutory maximum for the crime is five years longer than 
 14.31  the statutory maximum of the underlying crime; 
 14.32     (2) if the crime committed while on release is a gross 
 14.33  misdemeanor, the person is guilty of a felony and may be 
 14.34  sentenced to not more than two years imprisonment and to payment 
 14.35  of a fine of not more than $4,000, or both; or 
 14.36     (3) if the crime committed while on release is a 
 15.1   misdemeanor, the person is guilty of a gross misdemeanor. 
 15.2      Sec. 5.  Minnesota Statutes 1996, section 629.53, is 
 15.3   amended to read: 
 15.4      629.53 [PROVIDING RELEASE ON BAIL; COMMITMENT.] 
 15.5      A person charged with a criminal offense may be released 
 15.6   with or without bail in accordance with rule 6.02 of the rules 
 15.7   of criminal procedure the provisions of chapter 629A.  Money 
 15.8   bail is the property of the accused, whether deposited by that 
 15.9   person or by a third person on the accused's behalf.  When money 
 15.10  bail is accepted by a judge, that judge shall order it to be 
 15.11  deposited with the court administrator.  The court administrator 
 15.12  shall retain it until the final disposition of the case and the 
 15.13  final order of the court disposing of the case.  Upon release, 
 15.14  the amount released must be paid to the accused personally or 
 15.15  upon that person's written order.  In case of conviction, the 
 15.16  judge may order the money bail deposit to be applied to any fine 
 15.17  or restitution imposed on the defendant by the court and, if the 
 15.18  fine or restitution is less than the deposit, order the balance 
 15.19  to be paid to the defendant.  Money bail deposited with the 
 15.20  court or any officer of it is exempt from garnishment or levy 
 15.21  under attachment or execution. 
 15.22     Sec. 6.  Minnesota Statutes 1996, section 629.63, is 
 15.23  amended to read: 
 15.24     629.63 [CONDITIONS UNDER WHICH SURETY MAY ARREST 
 15.25  DEFENDANT.] 
 15.26     If a surety believes that a defendant for whom the surety 
 15.27  is acting as bonding agent is (1) about to flee, (2) will not 
 15.28  appear as required by the defendant's recognizance, or (3) will 
 15.29  otherwise not perform the conditions of the recognizance, the 
 15.30  surety may arrest or have another person or the sheriff arrest 
 15.31  the defendant. 
 15.32     If the surety or another person at the surety's direction 
 15.33  arrests the defendant, the surety or the other person shall take 
 15.34  the defendant before the judge before whom the defendant was 
 15.35  required to appear and surrender the defendant to that judge. 
 15.36     If the surety wants the sheriff to arrest the defendant, 
 16.1   the surety shall deliver a certified copy of the recognizance 
 16.2   under which the defendant is held to the sheriff, with a 
 16.3   direction endorsed on the recognizance requiring the sheriff to 
 16.4   arrest the defendant and bring the defendant before the 
 16.5   appropriate judge. 
 16.6      Upon receiving a certified copy of the recognizance and 
 16.7   payment of the sheriff's fees, the sheriff shall arrest the 
 16.8   defendant and bring the defendant before the judge.  
 16.9      Before a surety who has arrested a defendant who has 
 16.10  violated the conditions of release may personally surrender the 
 16.11  defendant to the appropriate judge, the surety shall notify the 
 16.12  sheriff.  If the defendant at the hearing before the judge is 
 16.13  unable to post increased bail or meet alternative conditions of 
 16.14  release in accordance with Rule 6.03 of the rules of criminal 
 16.15  procedure, the sheriff or a deputy shall take the defendant into 
 16.16  custody.  The judge before whom the defendant is brought by the 
 16.17  surety or the sheriff shall proceed under the provisions of 
 16.18  chapter 629A. 
 16.19     Sec. 7.  Minnesota Statutes 1996, section 629.715, 
 16.20  subdivision 1, is amended to read: 
 16.21     Subdivision 1.  [JUDICIAL REVIEW; RELEASE.] (a) When a 
 16.22  person is arrested for a crime against the person, the judge 
 16.23  before whom the arrested person is taken shall review the facts 
 16.24  surrounding the arrest and detention and either release or 
 16.25  detain the defendant pending trial in accordance with the 
 16.26  provisions of chapter 629A.  If the person was arrested or 
 16.27  detained for committing a crime of violence, as defined in 
 16.28  section 629.725, the prosecutor or other appropriate person 
 16.29  shall present relevant information involving the victim or the 
 16.30  victim's family's account of the alleged crime to the judge to 
 16.31  be considered in determining the arrested person's release.  The 
 16.32  arrested person must be ordered released pending trial or 
 16.33  hearing on the person's personal recognizance or on an order to 
 16.34  appear or upon the execution of an unsecured bond in a specified 
 16.35  amount unless the judge determines that release (1) will be 
 16.36  inimical to public safety, (2) will create a threat of bodily 
 17.1   harm to the arrested person, the victim of the alleged crime, or 
 17.2   another, or (3) will not reasonably assure the appearance of the 
 17.3   arrested person at subsequent proceedings.  
 17.4      (b) If the judge determines release under paragraph (a) is 
 17.5   not advisable, the judge may impose any conditions of release, 
 17.6   including money bail, that will reasonably assure the appearance 
 17.7   of the person for subsequent proceedings, or will protect the 
 17.8   victim of the alleged crime, or may fix the amount of money bail 
 17.9   without other conditions upon which the arrested person may 
 17.10  obtain release issue a detention order as provided in chapter 
 17.11  629A.  
 17.12     Sec. 8.  Minnesota Statutes 1996, section 629.72, 
 17.13  subdivision 2, is amended to read: 
 17.14     Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
 17.15  before whom the arrested person is brought shall review the 
 17.16  facts surrounding the arrest and detention and either release or 
 17.17  detain the defendant pending trial in accordance with the 
 17.18  provisions of chapter 629A.  The prosecutor or other appropriate 
 17.19  person shall present relevant information involving the victim's 
 17.20  or the victim's family's account of the alleged crime to the 
 17.21  judge to be considered in determining the arrested person's 
 17.22  release.  The arrested person must be ordered released pending 
 17.23  trial or hearing on the person's personal recognizance or on an 
 17.24  order to appear or upon the execution of an unsecured bond in a 
 17.25  specified amount unless the judge determines that release (1) 
 17.26  will be inimical to public safety, (2) will create a threat of 
 17.27  bodily harm to the arrested person, the victim of the alleged 
 17.28  harassment or domestic abuse, or another, or (3) will not 
 17.29  reasonably assure the appearance of the arrested person at 
 17.30  subsequent proceedings.  
 17.31     (b) If the judge determines release is not advisable, the 
 17.32  judge may impose any conditions of release, including money 
 17.33  bail, that will reasonably assure the appearance of the person 
 17.34  for subsequent proceedings, or will protect the victim of the 
 17.35  alleged harassment or domestic abuse, or may fix the amount of 
 17.36  money bail without other conditions upon which the arrested 
 18.1   person may obtain release issue a detention order as provided in 
 18.2   chapter 629A.  If conditions of release are imposed, the judge 
 18.3   shall issue a written order for conditional release.  The court 
 18.4   administrator shall immediately distribute a copy of the order 
 18.5   for conditional release to the agency having custody of the 
 18.6   arrested person and shall provide the agency having custody of 
 18.7   the arrested person with any available information on the 
 18.8   location of the victim in a manner that protects the victim's 
 18.9   safety.  Either the court or its designee or the agency having 
 18.10  custody of the arrested person shall serve upon the defendant a 
 18.11  copy of the order.  Failure to serve the arrested person with a 
 18.12  copy of the order for conditional release does not invalidate 
 18.13  the conditions of release. 
 18.14     (c) If the judge imposes as a condition of release a 
 18.15  requirement that the person have no contact with the victim of 
 18.16  the alleged harassment or domestic abuse, the judge may also, on 
 18.17  its own motion or that of the prosecutor or on request of the 
 18.18  victim, issue an ex parte temporary restraining order under 
 18.19  section 609.748, subdivision 4, or an ex parte temporary order 
 18.20  for protection under section 518B.01, subdivision 7.  
 18.21  Notwithstanding section 518B.01, subdivision 7, paragraph (b), 
 18.22  or 609.748, subdivision 4, paragraph (c), the temporary order is 
 18.23  effective until the defendant is convicted or acquitted, or the 
 18.24  charge is dismissed, provided that upon request the defendant is 
 18.25  entitled to a full hearing on the restraining order under 
 18.26  section 609.748, subdivision 5, or on the order for protection 
 18.27  under section 518B.01.  The hearing must be held within seven 
 18.28  days of the defendant's request. 
 18.29     Sec. 9.  [EFFECT OF STATUTE ON CRIMINAL RULES.] 
 18.30     Rules 6.02, 6.03, 19.05, 27.01, 28.02, 28.04, and 29.04 of 
 18.31  the Rules of Criminal Procedure are superseded to the extent of 
 18.32  their conflict with this article and article 2. 
 18.33     Sec. 10.  [REPEALER.] 
 18.34     Minnesota Statutes 1996, sections 609.49, subdivisions 1 
 18.35  and 2; 629.44; 629.45; 629.47; 629.48; 629.49; 629.54; 629.55; 
 18.36  629.58; 629.59; 629.60; 629.61; 629.62; and 629.64, are repealed.
 19.1      Sec. 11.  [EFFECTIVE DATE.] 
 19.2      Articles 2 and 3 shall become effective only upon 
 19.3   ratification of the amendment proposed in article 1 as provided 
 19.4   in the Minnesota Constitution.  If the constitutional amendment 
 19.5   proposed by article 1 is adopted by the people, articles 2 and 3 
 19.6   are effective August 1, 1999, and apply to crimes committed on 
 19.7   or after that date.