SF 2089

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing peace officers 
  1.3             and probation officers to detain probationers based on 
  1.4             an order from the court services director of county 
  1.5             probation agencies not organized under chapter 401; 
  1.6             amending Minnesota Statutes 1994, section 260.311, 
  1.7             subdivision 3a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 260.311, 
  1.10  subdivision 3a, is amended to read: 
  1.11     Subd. 3a.  [DETAINING PERSON ON CONDITIONAL RELEASE OR 
  1.12  PROBATION.] (a) The written order of the court services director 
  1.13  or designee of a county probation agency not established under 
  1.14  chapter 401 is sufficient authority for peace officers and 
  1.15  county probation officers serving a the district or juvenile 
  1.16  court may, without a warrant of nonparticipating counties when 
  1.17  it appears necessary to prevent escape or enforce discipline, to 
  1.18  take and detain a probationer or any person on conditional 
  1.19  release under their jurisdiction and bring that person before 
  1.20  the court or the commissioner of corrections, whichever is 
  1.21  appropriate, for disposition.  No probationer or other person on 
  1.22  conditional release shall be detained under this subdivision 
  1.23  more than 72 hours, excluding Saturdays, Sundays and holidays, 
  1.24  without being given an opportunity for a hearing before the 
  1.25  court or the commissioner of corrections or a designee. 
  1.26     (b) The written order of the court services director or 
  2.1   designee of a county probation agency not established under 
  2.2   chapter 401 is sufficient authority for probation officers 
  2.3   serving the district and juvenile courts of nonparticipating 
  2.4   counties to release within 72 hours, exclusive of legal 
  2.5   holidays, Saturdays, and Sundays, without appearance before the 
  2.6   court or the commissioner of corrections or a designee, any 
  2.7   person detained pursuant to paragraph (a). 
  2.8      (c) The written order of the chief executive officer or 
  2.9   designee of a county corrections agency established under this 
  2.10  section and not organized under chapter 401 is sufficient 
  2.11  authority for any peace officer or county probation officer to 
  2.12  take and place in actual custody any person under sentence or on 
  2.13  probation under their jurisdiction who: 
  2.14     (1) fails to report to serve a sentence at a local 
  2.15  correctional facility, as defined in section 241.021, 
  2.16  subdivision 1; 
  2.17     (2) fails to return from furlough or authorized temporary 
  2.18  release from a local correctional facility; 
  2.19     (3) escape from a local correctional facility; or 
  2.20     (4) absconds from court-ordered home detention. 
  2.21     (d) The written order of the court services director or 
  2.22  designee of a county probation agency not established under 
  2.23  chapter 401 is sufficient authority for any peace officer or 
  2.24  county probation officer to take and place in actual custody any 
  2.25  person on a court-authorized pretrial release who absconds from 
  2.26  pretrial release or fails to abide by the conditions of pretrial 
  2.27  release.