SF 415

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/15/2021 08:21am

A bill for an act
relating to public safety; regulating charitable bail organizations; requiring reports;
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 [629.705] CHARITABLE BAIL ORGANIZATIONS; REQUIREMENTS;
LIMITATIONS.
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new text begin (a) As used in this section:
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new text begin (1) "charitable bail organization" means an organization that:
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new text begin (i) solicits or accepts donations from the public; and
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new text begin (ii) agrees to deposit money bail for another person;
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new text begin (2) "previous conviction" does not include a conviction if more than ten years have
elapsed since the date of the conviction and the person's sentence has been discharged; and
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new text begin (3) "violent offense" means:
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new text begin (i) a crime of violence as defined in section 624.712, subdivision 5;
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new text begin (ii) a crime described in section 243.166, subdivision 1b;
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new text begin (iii) a violation of section 518B.01;
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new text begin (iv) a violation of section 609.2242;
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new text begin (v) a violation of section 609.749; and
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new text begin (vi) a violation of section 629.75.
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new text begin (b) To legally operate as a charitable bail organization, the organization must:
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new text begin (1) except as provided in paragraph (e), comply fully with rule 702 of the Minnesota
General Rules of Practice for the district courts and all related court policies and procedures;
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new text begin (2) be a nonprofit charitable organization under section 501(c)(3) of the Internal Revenue
Code;
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new text begin (3) be currently registered to do business in Minnesota;
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new text begin (4) comply fully with paragraphs (f) and (g); and
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new text begin (5) be located in Minnesota.
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new text begin (c) A charitable bail organization may not:
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new text begin (1) deposit money bail for:
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new text begin (i) a violent offense; or
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new text begin (ii) a person who has a previous conviction for a violent offense or who is currently
required to register as a predatory offender under section 243.166; or
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new text begin (2) solicit or accept donations from the public before registering with the state court
administrator as required in paragraph (g) and complying with paragraph (b), clauses (1),
(2), (3), and (5).
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new text begin (d) Paragraph (b), clause (1), applies only to charitable bail organizations that post money
bail for more than two individuals within a 180-day period.
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new text begin (e) A charitable bail organization does not have to be licensed by the Department of
Commerce unless it executes surety bonds for defendants.
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new text begin (f) A sheriff or district court administrator must collect the following information from
a charitable bail organization before accepting money bail:
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new text begin (1) the name, address, taxpayer identification number, and legal structure of the charitable
bail organization;
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new text begin (2) the name and title of the person posting money bail on behalf of the charitable bail
organization; and
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new text begin (3) the amount posted.
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new text begin Data collected under this paragraph is public data, as defined under section 13.02,
subdivisions 14 and 15. A sheriff or district court administrator must report information
collected under this section to the state court administrator.
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new text begin (g) A charitable bail organization must register with the state court administrator before
posting money bail on behalf of a defendant by submitting an application form and an
Internal Revenue Service Form 990, Return of Organization Exempt from Income Tax. The
charitable bail organization must annually report by January 30 to the state court administrator
the following:
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new text begin (1) the number of defendants that received money bail from the charitable bail
organization;
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new text begin (2) the total amount of money bail posted; and
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new text begin (3) the total amount of money bail returned to the charitable bail organization.
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new text begin (h) The state court administrator shall aggregate information collected under paragraphs
(f) and (g) and provide an annual report to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety by March 1.
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new text begin (i) The state court administrator may impose administrative sanctions and costs on a
charitable bail organization for a violation of this section or court rule or policy applicable
to the organization. The administrator shall develop a process for making complaints against
charitable bail organizations, investigating those complaints, imposing disciplinary sanctions
and costs, and appealing the administrator's actions.
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new text begin (j) A sheriff or district court administrator may not accept money bail from a charitable
bail organization that is not fully compliant with this section.
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Sec. 2. new text begin APPLICATION; REPORTS.
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new text begin (a) The state court administrator must create an application for charitable bail
organizations to submit for registration under Minnesota Statutes, section 629.705, paragraph
(g).
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new text begin (b) The first reports under Minnesota Statutes, section 629.705, paragraph (g), are due
by January 30, 2022. The first report under Minnesota Statutes, section 629.705, paragraph
(h), is due March 1, 2022.
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