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SF 2736

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 10/30/2014 11:26am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 3rd Engrossment

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A bill for an act
 relating to public safety; authorizing counties to establish pilot projects to
use GPS to monitor domestic abuse offenders; requiring reports; amending
Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision
2a; repealing Minnesota Statutes 2012, section 609.02, subdivision 14.

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

Section 1.

Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:


Subd. 5a.

Domestic abuse victims; electronic monitoringnew text begin ; pilot projectnew text end .

(a) Until
deleted text begin the commissioner of correctionsdeleted text end new text begin a judicial districtnew text end has adopted standards new text begin under section
629.72, subdivision 2a, paragraph (b), new text end governing electronic monitoring devices used to
protect victims of domestic abuse, deleted text begin thedeleted text end new text begin anew text end courtnew text begin within the judicial districtnew text end , as a condition
of a stay of imposition or execution of a sentence, may not order an offender convicted
of a crime described in paragraph (b) to use an electronic monitoring device to protect a
victim's safety.

(b) This subdivision applies to the following crimes, if committed by the defendant
against a family or household member as defined in section 518B.01, subdivision 2:

(1) violations of orders for protection issued under chapter 518B;

(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222,
609.223, or 609.224; or domestic assault under section 609.2242;

(3) criminal damage to property under section 609.595;

(4) disorderly conduct under section 609.72;

(5) harassing telephone calls under section 609.79;

(6) burglary under section 609.582;

(7) trespass under section 609.605;

(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
section 609.342, 609.343, 609.344, 609.345, or 609.3451; deleted text begin and
deleted text end

(9) terroristic threats under section 609.713deleted text begin .deleted text end new text begin ;
new text end

new text begin (10) stalking under section 609.749;
 new text end

new text begin (11) violations of harassment restraining orders under section 609.748;
 new text end

new text begin (12) violations of domestic abuse no contact orders under section 629.75; and
 new text end

new text begin (13) interference with an emergency call under section 609.78, subdivision 2.
 new text end

(c) deleted text begin Notwithstanding paragraph (a), the judges in the Tenth Judicial District may
order, as a condition of a stay of imposition or execution of a sentence, a defendant
convicted of a crime described in paragraph (b), to use an electronic monitoring device
to protect the victim's safety. The judges shall make data on the use of electronic
monitoring devices to protect a victim's safety in the Tenth Judicial District available to
the commissioner of corrections to evaluate and to aid in development of standards for the
use of devices to protect victims of domestic abuse.deleted text end new text begin The location data associated with the
victim and offender are security information as defined in section 13.37. Location data
maintained by a law enforcement agency, probation authority, prosecutorial agency, or
court services department may be shared among those agencies to develop and monitor
conditions of a stayed sentence under this section.
new text end

new text begin (d) A violation of a location restriction by an offender in a situation involving a
victim and offender who are both mobile does not automatically constitute a violation of
the conditions of the offender's stayed sentence.
 new text end

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin (a) This section is effective the day following
final enactment.
 new text end

new text begin (b) The amendments to this section expire on August 1, 2017.
 new text end

Sec. 2.

Minnesota Statutes 2012, section 629.72, subdivision 2a, is amended to read:


Subd. 2a.

Electronic monitoring; condition of pretrial releasenew text begin ; pilot projectnew text end .

(a) Until deleted text begin the commissioner of correctionsdeleted text end new text begin a judicial districtnew text end has adopted standardsnew text begin under
paragraph (b)new text end governing electronic monitoring devices used to protect victims of domestic
abuse, deleted text begin thedeleted text end new text begin anew text end courtnew text begin within the judicial districtnew text end , as a condition of release, may not order a
person arrested for a crime described in section 609.135, subdivision 5a, paragraph (b), to
use an electronic monitoring device to protect a victim's safety.

(b) deleted text begin Notwithstanding paragraph (a), district courts in the Tenth Judicial District may
order, as a condition of a release, a person arrested on a charge of a crime described
in section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring
device to protect the victim's safety. The courts shall make data on the use of electronic
monitoring devices to protect a victim's safety in the Tenth Judicial District available to
the commissioner of corrections to evaluate and to aid in development of standards for the
use of devices to protect victims of domestic abuse.deleted text end new text begin The chief judge of a judicial district
may appoint and convene an advisory group to develop and biennially update standards
for the use of electronic monitoring and global positioning system devices to protect
victims of domestic abuse. The advisory group must be comprised of representatives
from law enforcement, prosecutors, defense attorneys, corrections, court administrators,
probation, judges, and crime victim organizations, and include an industry representative
with expertise in global positioning system devices. At a minimum, the standards must:
new text end

new text begin (1) require a judge to order only the use of active, real-time monitoring;
 new text end

new text begin (2) require that the victim and defendant be provided with information on the risks and
benefits of using active, real-time monitoring and a notice outlining the district's standards;
 new text end

new text begin (3) require informed, voluntary consent by the victim before the defendant may be
released on electronic monitoring, and provide for time-sensitive procedures if a victim
withdraws consent;
 new text end

new text begin (4) address financial costs, accessibility, and implications to the defendants and
victims;
 new text end

new text begin (5) provide for ongoing training and consultation with the advisory group members
to continually improve victim safety and defendant accountability; and
 new text end

new text begin (6) require that in situations involving a victim and defendant who are both mobile,
the monitoring entity, and not the victim, determines if a material violation may have
occurred and how to respond.
 new text end

new text begin (c) The location data associated with the victim and defendant are security
information as defined in section 13.37. Location data maintained by a law enforcement
agency, probation authority, prosecutorial agency, or court services department may be
shared among those agencies to develop and monitor conditions of release under this
section.
 new text end

new text begin (d) A violation of a location restriction by a defendant in a situation involving a
victim and defendant who are both mobile does not automatically constitute a violation of
the conditions of the defendant's release.
 new text end

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin (a) This section is effective retroactively from
January 15, 2014.
 new text end

new text begin (b) The amendments to this section expire on August 1, 2017.
 new text end

Sec. 3. new text begin REPORT REQUIRED.
new text end

new text begin (a) The district court administrator of a judicial district participating in a pilot
project authorized by this act shall report to the chairs and ranking minority members of
the senate and house of representatives committees having jurisdiction over criminal
justice policy on the district's pilot project one year after the date of implementation. For
purposes of this paragraph, implementation begins on the date the first defendant is placed
on electronic monitoring under the pilot project.
 new text end

new text begin (b) Notwithstanding paragraph (a), the Second Judicial District court administrator
shall submit an interim report by January 15, 2015, and a final report by January 15, 2017,
to the legislators described in paragraph (a), if the Second Judicial District participates
in the pilot project authorized by this act.
 new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 609.02, subdivision 14, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end