SF 3108

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; regulating telephone access 
  1.3             of persons restrained in local and state correctional 
  1.4             facilities; limiting penalties; amending Minnesota 
  1.5             Statutes 1998, section 481.10. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 481.10, is 
  1.8   amended to read: 
  1.9      481.10 [CONSULTATION WITH PERSONS RESTRAINED.] 
  1.10     Subdivision 1.  [CONSULTATION.] All officers or persons 
  1.11  having in their custody a person restrained of liberty, except 
  1.12  in cases where imminent danger of escape or injury exists, shall 
  1.13  admit any attorney retained by or in on behalf of the person 
  1.14  restrained, or whom the restrained person may desire to consult, 
  1.15  to a private interview at the place of custody.  Such 
  1.16  custodians, upon request of the person restrained, as soon as 
  1.17  practicable, and before other proceedings shall be had, shall 
  1.18  notify the attorney of the request for a consultation with the 
  1.19  attorney.  At all times through the period of custody, whether 
  1.20  or not the person restrained has been charged, tried, convicted, 
  1.21  or is serving an executed sentence, reasonable telephone access 
  1.22  to the attorney shall be provided to the person restrained at no 
  1.23  charge to the attorney or to the person restrained.  Every 
  1.24  officer or person who shall violate any provision of this 
  1.25  section shall be guilty of a misdemeanor and, in addition to the 
  2.1   punishment prescribed therefor shall forfeit $100 to the person 
  2.2   aggrieved, to be recovered in a civil action.  
  2.3      Subd. 2.  [TELEPHONE ACCESS IN LOCAL CORRECTIONAL 
  2.4   FACILITIES.] Except as provided in subdivision 3 and except in 
  2.5   cases where imminent danger of escape or injury exists, all 
  2.6   officers or persons having in their custody a person restrained 
  2.7   of liberty whether or not the person restrained has been 
  2.8   charged, tried, or convicted, shall provide private telephone 
  2.9   access to any attorney retained by or on behalf of the person 
  2.10  restrained, or whom the restrained person may desire to consult 
  2.11  at no charge to the attorney or to the person restrained.  
  2.12  Reasonable telephone access under this subdivision shall be 
  2.13  provided following the request of the person restrained and 
  2.14  before other proceedings shall be had regarding the alleged 
  2.15  offense causing custody.  
  2.16     Subd. 3.  [TELEPHONE ACCESS IN STATE CORRECTIONAL 
  2.17  FACILITIES.] Except in cases where imminent danger of escape or 
  2.18  injury exists, all officers or persons having in their custody a 
  2.19  person restrained of liberty while serving an executed sentence 
  2.20  in a state correctional facility, shall provide private 
  2.21  telephone access to any attorney retained by or on behalf of the 
  2.22  person restrained, or whom the restrained person may desire to 
  2.23  consult at no charge to the attorney or to the person 
  2.24  restrained.  Telephone access under this subdivision shall be 
  2.25  provided following the request of the person restrained and in 
  2.26  accordance with policies adopted by the institution that meet 
  2.27  constitutional requirements. 
  2.28     Subd. 4.  [CRIMINAL PENALTY.] (a) Except as provided in 
  2.29  paragraph (b), whoever violates subdivision 1 or 2 is guilty of 
  2.30  a misdemeanor and shall also forfeit $100 to the person 
  2.31  aggrieved, to be recovered in a civil action. 
  2.32     (b) The penalties described in paragraph (a) do not apply 
  2.33  to officers or persons having in their custody persons 
  2.34  restrained of liberty while serving an executed sentence in a 
  2.35  state correctional facility.