SF 2577

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; proposing an amendment to the Minnesota Constitution, article
I, section 7, by allowing detention of certain persons arrested for sex offenses
without bail release; authorizing implementing law if voters authorize adopting
the constitutional amendment; proposing coding for new law in Minnesota Statutes, chapter 629.

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

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution, article I, section 7, is proposed to the
people. If the amendment is adopted, the section will read:
new text end

Sec. 7.

No person shall be held to answer for a criminal offense without due process
of law, and no person shall be put twice in jeopardy of punishment for the same offense,
nor be compelled in any criminal case to be a witness against himself, nor be deprived of
life, liberty or property without due process of law. All persons before conviction shall be
bailable by sufficient sureties, except for capital offenses when the proof is evident or the
presumption great new text begin and except for sex offenses when a heinous element is alleged as part of
the criminal conduct new text end . The privilege of the writ of habeas corpus shall not be suspended
unless the public safety requires it in case of rebellion or invasion.

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the new text end new text begin 2006 new text end new text begin general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to prohibit persons alleged to have
committed sex offenses that include a heinous element from being released on bail?
new text end

	new text begin Yes ....... new text end
	new text begin No ......." new text end

Sec. 3.

new text begin [629.76] RELEASE IN CASES INVOLVING SEX OFFENSES; BAIL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purpose of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Heinous element" has the meaning given in section 609.3455, subdivision 1,
paragraph (d).
new text end

new text begin (c) "Sex offense" has the meaning given in section 609.3455, subdivision 1,
paragraph (h).
new text end

new text begin Subd. 2. new text end

new text begin Allowing detention without bail. new text end

new text begin (a) Notwithstanding any other law or
court rule, an individual who is arrested for a sex offense must be brought to the police
station or county jail and brought before the judge of the district court in the county in
which the alleged sex offense took place without unnecessary delay as provided by court
rule.
new text end

new text begin (b) The judge before whom the arrested person is brought shall review the facts
surrounding the arrest and detention of a person arrested for a sex offense. The prosecutor
shall present relevant information involving the victim's account of the crime to the judge
to be considered in determining whether the arrested person may be released on bail.
In making a decision concerning release on bail of a person arrested for a sex offense,
the judge shall review the facts of the arrest and detention of the person and determine
whether:
new text end

new text begin (1) release of the person poses a threat to public safety; and
new text end

new text begin (2) the facts surrounding the alleged criminal conduct constitute a heinous element.
new text end

new text begin Before releasing a person charged with a sex offense, the judge shall make findings on
the record, to the extent possible, concerning the determination made in accordance with
the factors specified in clauses (1) and (2).
new text end

new text begin (c) If the judge finds the factors specified in paragraph (b), clauses (1) and (2), justify
detention without the possibility of bail, the judge may provide for detention of the person
without bail release pending trial. If the judge finds the factor specified in paragraph (b),
clauses (1) and (2), do not justify holding the person without bail, the judge may impose
conditions of release or bail in accordance with law and court rule.
new text end

Sec. 4. new text begin SUPREME COURT; RULES OF CRIMINAL PROCEDURE; SEX
OFFENDERS RELEASES.
new text end

new text begin The Supreme Court is requested to amend the Rules of Criminal Procedure
governing pretrial release with a view to move comprehensively structuring release
conditions for alleged sex offenders. The Supreme Court is requested to establish a
continuum of provisions governing release, including no bail and no release for the
persons alleged to have committed the most heinous sex offenses and highly restrictive
conditions for persons alleged to have committed less dangerous offenses.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin If the voters adopt the constitutional amendment proposed in section 1, section 2 is
effective January 1, 2007, and applies to crimes committed on or after that date.
new text end