HF 3050

as introduced - 86th Legislature (2009 - 2010) Posted on 02/17/2010 04:19pm

A bill for an act
relating to public safety; defining attorney for consultation with persons in
custody; including calls to attorney cellular telephones from persons in custody;
amending Minnesota Statutes 2008, section 481.10.

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

Section 1.

Minnesota Statutes 2008, section 481.10, is amended to read:

481.10 CONSULTATION WITH PERSONS RESTRAINED.

Subdivision 1.

Consultation.

new text begin (a) For the purposes of this section, "attorney"
means a private attorney, a public defender, or an attorney working for a public defense
corporation, and a law clerk, an investigator, a paralegal, or a dispositional advisor who is
working for the attorney.
new text end

new text begin (b) new text end All officers or persons having in their custody a person restrained of liberty,
except in cases where imminent danger of escape or injury exists, shall admit any attorney
retained by or on behalf of the person restrained, or whom the restrained person may
desire to consult, to a private new text begin , in-person, contact new text end interview at the place of custody. Such
custodians, upon request of the person restrained, as soon as practicable, and before other
proceedings shall be had, shall notify the attorney of the request for a consultation with the
attorney.

Subd. 2.

Telephone access in local correctional facilities.

Except as provided in
subdivision 3 and except in cases where imminent danger of escape or injury exists,
all officers or persons having in their custody a person restrained of liberty whether or
not the person restrained has been charged, tried, or convicted, shall provide private
telephone access to any attorney retained by or on behalf of the person restrained, or
whom the restrained person may desire to consult at no charge to the attorney or to the
person restrained. Reasonable telephone access under this subdivision shall be provided
following the request of the person restrained and before other proceedings shall be had
regarding the alleged offense causing custody new text begin and includes calls to the wireless cellular
telephone of an attorney, as well as to landline telephones new text end .

Subd. 3.

Telephone access in state correctional facilities.

Except in cases where
imminent danger of escape or injury exists, all officers or persons having in their custody
a person restrained of liberty while serving an executed sentence in a state correctional
facility, shall provide private telephone access to any attorney retained by or on behalf of
the person restrained, or whom the restrained person may desire to consult at no charge to
the attorney or to the person restrained. Telephone access under this subdivision shall be
provided following the request of the person restrained and in accordance with policies
adopted by the institution that meet constitutional requirements new text begin and includes calls to the
wireless cellular telephone of an attorney, as well as to landline telephones new text end .

Subd. 4.

Criminal penalty.

(a) Except as provided in paragraph (b), whoever
violates subdivision 1 or 2 is guilty of a misdemeanor and shall also forfeit $100 to the
person aggrieved, to be recovered in a civil action.

(b) The penalties described in paragraph (a) do not apply to officers or persons
having in their custody persons restrained of liberty while serving an executed sentence in
a state correctional facility.