SF 1244

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 09/08/2015 03:52pm

A bill for an act
relating to public safety; corrections; requiring persons placed on intensive
supervised release from prison to be placed on electronic monitoring immediately
upon release; amending Minnesota Statutes 2014, sections 244.05, by adding a
subdivision; 244.15, subdivision 6; 260B.198, by adding a subdivision; 631.461.

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

Section 1. new text begin TITLE.
new text end

new text begin This act shall be known as "Colton's Law."
new text end

Sec. 2.

Minnesota Statutes 2014, section 244.05, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Electronic surveillance. new text end

new text begin (a) If the commissioner orders electronic
surveillance of an inmate placed on supervised release, the commissioner may require that
the inmate be kept in custody, or that the inmate's probation agent, or the agent's designee,
directly supervise the offender until electronic surveillance is activated.
new text end

new text begin (b) It is the responsibility of the inmate placed on electronic surveillance to ensure
that the inmate's residence is properly equipped and the inmate's telecommunications
system is properly configured to support electronic surveillance prior to being released
from custody or the direct supervision of a probation agent. An inmate who fails to
comply with this paragraph may be found in violation of the inmate's conditions of release
after a revocation hearing.
new text end

Sec. 3.

Minnesota Statutes 2014, section 244.15, subdivision 6, is amended to read:

Subd. 6.

Electronic surveillance.

new text begin (a) new text end During any phase, the offender may be placed
on electronic surveillance if the intensive supervision agent so directs. new text begin If electronic
surveillance is directed during phase I, the commissioner must require that the inmate be
kept in custody, or that the inmate's intensive supervised release agent, or the agent's
designee, directly supervise the offender until electronic surveillance is activated.
new text end

new text begin (b) It is the responsibility of the inmate placed on electronic surveillance to ensure
that the inmate's residence is properly equipped and the inmate's telecommunications
system is properly configured to support electronic surveillance prior to being released
from custody or the direct supervision of an intensive supervised release agent. An
inmate who fails to comply with this paragraph may be found in violation of the inmate's
conditions of release after a revocation hearing.
new text end

Sec. 4.

Minnesota Statutes 2014, section 260B.198, is amended by adding a
subdivision to read:

new text begin Subd. 13. new text end

new text begin Electronic surveillance. new text end

new text begin (a) If a court orders a juvenile adjudicated
delinquent to serve any portion of the juvenile's disposition on electronic surveillance,
the court may require that the juvenile be kept in custody, or that the juvenile's probation
agent directly supervise the juvenile until electronic surveillance is activated.
new text end

new text begin (b) It is the responsibility of the parent or guardian of the juvenile placed on electronic
surveillance to ensure that the juvenile's residence is properly equipped and the residence's
telecommunications system is properly configured to support electronic surveillance prior
to being released from custody or the direct supervision of a probation agent.
new text end

Sec. 5.

Minnesota Statutes 2014, section 631.461, is amended to read:

631.461 IMPRISONMENT; COUNTY JAIL; ALTERNATIVES.

new text begin (a) new text end When a sentence for an offense includes imprisonment in a county jail, the
court may sentence the offender to imprisonment in a workhouse or correctional or work
farm if there is one in the county where the offender is tried or where the offense was
committed. If not, the court may sentence the offender to imprisonment in a workhouse or
correctional or work farm in any county in this state. However, the county board of the
county where the offender is tried shall have some agreement for the receipt, maintenance,
and confinement of inmates with the county where the offender has been sentenced to
imprisonment. The place of imprisonment must be specified in the sentence. Inmates may
be removed from one place of confinement to another as provided by statute.

new text begin (b) If a court orders or a sheriff permits an offender to serve any portion of the
offender's sentence on electronic surveillance, the court or sheriff may require that the
offender be kept in custody, or that the offender's probation agent directly supervise the
offender until electronic surveillance is activated.
new text end

new text begin (c) It is the responsibility of the offender placed on electronic surveillance to ensure
that the offender's residence is properly equipped and the offender's telecommunications
system is properly configured to support electronic surveillance prior to being released
from custody or the direct supervision of a probation agent. An inmate who fails to
comply with this paragraph may be found in violation of the inmate's conditions of release
after a revocation hearing.
new text end