Minnesota Legislature
SF 2736
Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/07/2014 04:08pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2736
1.3relating to public safety; authorizing counties to establish pilot projects to use
1.4GPS to monitor domestic abuse offenders;amending Minnesota Statutes 2012,
1.5sections 609.135, subdivision 5a; 629.72, subdivision 2a.
1.6May 6, 2014
1.7The Honorable Sandra L. Pappas
1.8President of the Senate
1.9The Honorable Paul Thissen
1.10Speaker of the House of Representatives
1.11We, the undersigned conferees for S.F. No. 2736 report that we have agreed upon
1.12the items in dispute and recommend as follows:
1.13That the House recede from its amendments and that S.F. No. 2736 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:
1.16 "Section 1. Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to
1.17read:
1.18 Subd. 5a. Domestic abuse victims; electronic monitoring; pilot project. (a) Until
1.19the commissioner of corrections a judicial district has adopted standards under section
1.20629.72, subdivision 2a, paragraph (b), governing electronic monitoring devices used to
1.21protect victims of domestic abuse,the a court within the judicial district, as a condition
1.22of a stay of imposition or execution of a sentence, may not order an offender convicted
1.23of a crime described in paragraph (b) to use an electronic monitoring device to protect a
1.24victim's safety.
1.25(b) This subdivision applies to the following crimes, if committed by the defendant
1.26against a family or household member as defined in section518B.01, subdivision 2 :
1.27(1) violations of orders for protection issued under chapter 518B;
1.28(2) assault in the first, second, third, or fifth degree under section609.221 ,
609.222 ,
1.29609.223
, or
609.224 ; or domestic assault under section
609.2242 ;
2.1(3) criminal damage to property under section609.595 ;
2.2(4) disorderly conduct under section609.72 ;
2.3(5) harassing telephone calls under section609.79 ;
2.4(6) burglary under section609.582 ;
2.5(7) trespass under section609.605 ;
2.6(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
2.7section609.342 ,
609.343 ,
609.344 ,
609.345 , or
609.3451 ; and
2.8(9) terroristic threats under section609.713 .;
2.9(10) stalking under section 609.749;
2.10(11) violations of harassment restraining orders under section 609.748;
2.11(12) violations of domestic abuse no contact orders under section 629.75; and
2.12(13) interference with an emergency call under section 609.78, subdivision 2.
2.13(c)Notwithstanding paragraph (a), the judges in the Tenth Judicial District may
2.14order, as a condition of a stay of imposition or execution of a sentence, a defendant
2.15convicted of a crime described in paragraph (b), to use an electronic monitoring device
2.16to protect the victim's safety. The judges shall make data on the use of electronic
2.17monitoring devices to protect a victim's safety in the Tenth Judicial District available to
2.18the commissioner of corrections to evaluate and to aid in development of standards for the
2.19use of devices to protect victims of domestic abuse. The location data associated with the
2.20victim and offender are security information as defined in section 13.37. Location data
2.21maintained by a law enforcement agency, probation authority, prosecutorial agency, or
2.22court services department may be shared among those agencies to develop and monitor
2.23conditions of a stayed sentence under this section.
2.24(d) A violation of a location restriction by an offender in a situation involving a
2.25victim and offender who are both mobile does not automatically constitute a violation of
2.26the conditions of the offender's stayed sentence.
2.27EFFECTIVE DATE; SUNSET.(a) This section is effective the day following
2.28final enactment.
2.29(b) The amendments to this section expire on August 1, 2017.
2.30 Sec. 2. Minnesota Statutes 2012, section 629.72, subdivision 2a, is amended to read:
2.31 Subd. 2a. Electronic monitoring; condition of pretrial release; pilot project.
2.32(a) Untilthe commissioner of corrections a judicial district has adopted standards under
2.33paragraph (b) governing electronic monitoring devices used to protect victims of domestic
2.34abuse,the a court within the judicial district, as a condition of release, may not order a
3.1person arrested for a crime described in section609.135, subdivision 5a , paragraph (b), to
3.2use an electronic monitoring device to protect a victim's safety.
3.3(b)Notwithstanding paragraph (a), district courts in the Tenth Judicial District may
3.4order, as a condition of a release, a person arrested on a charge of a crime described
3.5in section
609.135, subdivision 5a, paragraph (b), to use an electronic monitoring
3.6device to protect the victim's safety. The courts shall make data on the use of electronic
3.7monitoring devices to protect a victim's safety in the Tenth Judicial District available to
3.8the commissioner of corrections to evaluate and to aid in development of standards for the
3.9use of devices to protect victims of domestic abuse. The chief judge of a judicial district
3.10may appoint and convene an advisory group to develop and biennially update standards
3.11for the use of electronic monitoring and global positioning system devices to protect
3.12victims of domestic abuse. The advisory group must be comprised of representatives
3.13from law enforcement, prosecutors, defense attorneys, corrections, court administrators,
3.14probation, judges, and crime victim organizations, and include an industry representative
3.15with expertise in global positioning system devices. At a minimum, the standards must:
3.16(1) require a judge to order only the use of active, real-time monitoring;
3.17(2) require that the victim and defendant be provided with information on the risks and
3.18benefits of using active, real-time monitoring and a notice outlining the district's standards;
3.19(3) require informed, voluntary consent by the victim before the defendant may be
3.20released on electronic monitoring, and provide for time-sensitive procedures if a victim
3.21withdraws consent;
3.22(4) address financial costs, accessibility, and implications to the defendants and
3.23victims;
3.24(5) provide for ongoing training and consultation with the advisory group members
3.25to continually improve victim safety and defendant accountability; and
3.26(6) require that in situations involving a victim and defendant who are both mobile,
3.27the monitoring entity, and not the victim, determines if a material violation may have
3.28occurred and how to respond.
3.29(c) The location data associated with the victim and defendant are security
3.30information as defined in section 13.37. Location data maintained by a law enforcement
3.31agency, probation authority, prosecutorial agency, or court services department may be
3.32shared among those agencies to develop and monitor conditions of release under this
3.33section.
3.34(d) A violation of a location restriction by a defendant in a situation involving a
3.35victim and defendant who are both mobile does not automatically constitute a violation of
3.36the conditions of the defendant's release.
4.1EFFECTIVE DATE; SUNSET.(a) This section is effective retroactively from
4.2January 15, 2014.
4.3(b) The amendments to this section expire on August 1, 2017.
4.4 Sec. 3. REPORT REQUIRED.
4.5(a) The district court administrator of a judicial district participating in a pilot
4.6project authorized by this act shall report to the chairs and ranking minority members of
4.7the senate and house of representatives committees having jurisdiction over criminal
4.8justice policy on the district's pilot project one year after the date of implementation. For
4.9purposes of this paragraph, implementation begins on the date the first defendant is placed
4.10on electronic monitoring under the pilot project.
4.11(b) Notwithstanding paragraph (a), the Second Judicial District court administrator
4.12shall submit an interim report by January 15, 2015, and a final report by January 15, 2017,
4.13to the legislators described in paragraph (a), if the Second Judicial District participates
4.14in the pilot project authorized by this act.
4.15 Sec. 4. REPEALER.
4.16Minnesota Statutes 2012, section 609.02, subdivision 14, is repealed.
4.17EFFECTIVE DATE.This section is effective the day following final enactment."
4.18Delete the title and insert:
4.20relating to public safety; authorizing counties to establish pilot projects to
4.21use GPS to monitor domestic abuse offenders; requiring reports;amending
4.22Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision
4.232a; repealing Minnesota Statutes 2012, section 609.02, subdivision 14."
1.3relating to public safety; authorizing counties to establish pilot projects to use
1.4GPS to monitor domestic abuse offenders;amending Minnesota Statutes 2012,
1.5sections 609.135, subdivision 5a; 629.72, subdivision 2a.
1.6May 6, 2014
1.7The Honorable Sandra L. Pappas
1.8President of the Senate
1.9The Honorable Paul Thissen
1.10Speaker of the House of Representatives
1.11We, the undersigned conferees for S.F. No. 2736 report that we have agreed upon
1.12the items in dispute and recommend as follows:
1.13That the House recede from its amendments and that S.F. No. 2736 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:
1.16 "Section 1. Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to
1.17read:
1.18 Subd. 5a. Domestic abuse victims; electronic monitoring; pilot project. (a) Until
1.19
1.20629.72, subdivision 2a, paragraph (b), governing electronic monitoring devices used to
1.21protect victims of domestic abuse,
1.22of a stay of imposition or execution of a sentence, may not order an offender convicted
1.23of a crime described in paragraph (b) to use an electronic monitoring device to protect a
1.24victim's safety.
1.25(b) This subdivision applies to the following crimes, if committed by the defendant
1.26against a family or household member as defined in section
1.27(1) violations of orders for protection issued under chapter 518B;
1.28(2) assault in the first, second, third, or fifth degree under section
2.1(3) criminal damage to property under section
2.2(4) disorderly conduct under section
2.3(5) harassing telephone calls under section
2.4(6) burglary under section
2.5(7) trespass under section
2.6(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
2.7section
2.8(9) terroristic threats under section
2.9(10) stalking under section 609.749;
2.10(11) violations of harassment restraining orders under section 609.748;
2.11(12) violations of domestic abuse no contact orders under section 629.75; and
2.12(13) interference with an emergency call under section 609.78, subdivision 2.
2.13(c)
2.14
2.15
2.16
2.17
2.18
2.19
2.20victim and offender are security information as defined in section 13.37. Location data
2.21maintained by a law enforcement agency, probation authority, prosecutorial agency, or
2.22court services department may be shared among those agencies to develop and monitor
2.23conditions of a stayed sentence under this section.
2.24(d) A violation of a location restriction by an offender in a situation involving a
2.25victim and offender who are both mobile does not automatically constitute a violation of
2.26the conditions of the offender's stayed sentence.
2.27EFFECTIVE DATE; SUNSET.(a) This section is effective the day following
2.28final enactment.
2.29(b) The amendments to this section expire on August 1, 2017.
2.30 Sec. 2. Minnesota Statutes 2012, section 629.72, subdivision 2a, is amended to read:
2.31 Subd. 2a. Electronic monitoring; condition of pretrial release; pilot project.
2.32(a) Until
2.33paragraph (b) governing electronic monitoring devices used to protect victims of domestic
2.34abuse,
3.1person arrested for a crime described in section
3.2use an electronic monitoring device to protect a victim's safety.
3.3(b)
3.4
3.5
3.6
3.7
3.8
3.9
3.10may appoint and convene an advisory group to develop and biennially update standards
3.11for the use of electronic monitoring and global positioning system devices to protect
3.12victims of domestic abuse. The advisory group must be comprised of representatives
3.13from law enforcement, prosecutors, defense attorneys, corrections, court administrators,
3.14probation, judges, and crime victim organizations, and include an industry representative
3.15with expertise in global positioning system devices. At a minimum, the standards must:
3.16(1) require a judge to order only the use of active, real-time monitoring;
3.17(2) require that the victim and defendant be provided with information on the risks and
3.18benefits of using active, real-time monitoring and a notice outlining the district's standards;
3.19(3) require informed, voluntary consent by the victim before the defendant may be
3.20released on electronic monitoring, and provide for time-sensitive procedures if a victim
3.21withdraws consent;
3.22(4) address financial costs, accessibility, and implications to the defendants and
3.23victims;
3.24(5) provide for ongoing training and consultation with the advisory group members
3.25to continually improve victim safety and defendant accountability; and
3.26(6) require that in situations involving a victim and defendant who are both mobile,
3.27the monitoring entity, and not the victim, determines if a material violation may have
3.28occurred and how to respond.
3.29(c) The location data associated with the victim and defendant are security
3.30information as defined in section 13.37. Location data maintained by a law enforcement
3.31agency, probation authority, prosecutorial agency, or court services department may be
3.32shared among those agencies to develop and monitor conditions of release under this
3.33section.
3.34(d) A violation of a location restriction by a defendant in a situation involving a
3.35victim and defendant who are both mobile does not automatically constitute a violation of
3.36the conditions of the defendant's release.
4.1EFFECTIVE DATE; SUNSET.(a) This section is effective retroactively from
4.2January 15, 2014.
4.3(b) The amendments to this section expire on August 1, 2017.
4.4 Sec. 3. REPORT REQUIRED.
4.5(a) The district court administrator of a judicial district participating in a pilot
4.6project authorized by this act shall report to the chairs and ranking minority members of
4.7the senate and house of representatives committees having jurisdiction over criminal
4.8justice policy on the district's pilot project one year after the date of implementation. For
4.9purposes of this paragraph, implementation begins on the date the first defendant is placed
4.10on electronic monitoring under the pilot project.
4.11(b) Notwithstanding paragraph (a), the Second Judicial District court administrator
4.12shall submit an interim report by January 15, 2015, and a final report by January 15, 2017,
4.13to the legislators described in paragraph (a), if the Second Judicial District participates
4.14in the pilot project authorized by this act.
4.15 Sec. 4. REPEALER.
4.16Minnesota Statutes 2012, section 609.02, subdivision 14, is repealed.
4.17EFFECTIVE DATE.This section is effective the day following final enactment."
4.18Delete the title and insert:
4.20relating to public safety; authorizing counties to establish pilot projects to
4.21use GPS to monitor domestic abuse offenders; requiring reports;amending
4.22Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision
4.232a; repealing Minnesota Statutes 2012, section 609.02, subdivision 14."