HF 2864

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to public safety; authorizing a pilot project to allow judges to order
1.3electronic monitoring for domestic abuse offenders on pretrial release;amending
1.4Minnesota Statutes 2008, section 629.72, subdivision 2a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2008, section 629.72, subdivision 2a, is amended to read:
1.7    Subd. 2a. Electronic monitoring; condition of pretrial release. (a) Until the
1.8commissioner of corrections has adopted standards governing electronic monitoring
1.9devices used to protect victims of domestic abuse, the court, as a condition of release, may
1.10not order a person arrested for a crime described in section 609.135, subdivision 5a,
1.11paragraph (b), to use an electronic monitoring device to protect a victim's safety.
1.12(b) Notwithstanding paragraph (a), district courts in the Tenth a judicial district
1.13may establish a pilot project to allow courts in the district to order, as a condition
1.14of a release, a person arrested on a charge of a crime described in section 609.135,
1.15subdivision 5a , paragraph (b), to use an electronic monitoring device to protect the
1.16victim's safety. The chief judge of a judicial district conducting a pilot project under
1.17this paragraph shall convene an advisory group consisting of representatives from law
1.18enforcement, prosecutors, defense attorneys, court administrators, judges, and battered
1.19women's organizations. A judicial district must develop standards for the use of electronic
1.20monitoring devices to protect victims of domestic abuse, to ensure that electronic
1.21monitoring data are only used to protect victims, and for evaluating the effectiveness of
1.22electronic monitoring. The courts judicial district shall make data on the use of electronic
1.23monitoring devices to protect a victim's safety in the Tenth Judicial District available to
1.24the commissioner of corrections to evaluate and to aid in development of standards for the
2.1use of devices to protect victims of domestic abuse. A district shall report information
2.2on the pilot project to the state court administrator's office as directed by that office.
2.3By January 15, 2013, the state court administrator shall report by electronic means to
2.4the chairs and ranking minority members of the senate and house committees having
2.5jurisdiction over criminal justice policy on the experience of any pilot projects established
2.6under this paragraph.
2.7SUNSET.The amendments to this section expire on January 15, 2013.