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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 385-H.F.No. 839 
           An act relating to crimes; prohibiting escape from 
          custody by certain mental patients; amending Minnesota 
          Statutes 1984, section 609.485, subdivisions 2, 4, and 
          by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 609.485, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
following may be sentenced as provided in subdivision 4: 
    (1) Escapes while held in lawful custody on a charge or 
conviction of a crime; or 
    (2) Transfers to another, who is in lawful custody on a 
charge or conviction of a crime, or introduces into an 
institution in which the latter is confined, anything useable in 
making such escape, with intent that it shall be so used; or 
    (3) Having another in his lawful custody on a charge or 
conviction of a crime, intentionally permits him to escape; or 
    (4) Escapes while in a facility designated under section 
253B.18, subdivision 1, pursuant to a court commitment order 
after a finding of not guilty by reason of mental illness or 
mental deficiency of a crime against the person, as defined in 
section 253B.02, subdivision 4a.  Notwithstanding section 
609.17, no person may be charged with or convicted of an attempt 
to commit a violation of this clause.  
    Sec. 2.  Minnesota Statutes 1984, section 609.485, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [DISMISSAL OF CHARGE.] A felony charge brought 
under subdivision 2, clause (4) shall be dismissed if the person 
charged voluntarily returns to the facility within 30 days after 
a reasonable effort has been made to provide written notice to 
the person that failure to return within 30 days may result in 
felony charges being filed. 
    Sec. 3.  Minnesota Statutes 1984, section 609.485, 
subdivision 4, is amended to read: 
    Subd. 4.  [SENTENCE.] Except as otherwise provided in 
section 2, whoever violates this section may be sentenced as 
follows: 
    (1) If the person who escapes is in lawful custody on a 
charge or conviction of a felony, to imprisonment for not more 
than five years or to payment of a fine of not more than $5,000, 
or both.  
    (2) If the person who escapes is in lawful custody after a 
finding of not guilty by reason of mental illness or mental 
deficiency of a crime against the person, as defined in section 
253B.02, subdivision 4a, to imprisonment for not more than one 
year and one day or to payment of a fine of not more than 
$3,000, or both. 
    (2) (3) If such charge or conviction is for a gross 
misdemeanor, to imprisonment for not more than one year or to 
payment of a fine of not more than $3,000, or both.  
    (3) (4) If such charge or conviction is for a misdemeanor, 
to imprisonment for not more than 90 days or to payment of a 
fine of not more than $700, or both.  
    (4) (5) If the escape was a violation of subdivision 2, 
clause (1), (2), or (3) and was effected by violence or threat 
of violence against a person, the sentence may be increased to 
not more than twice those permitted in clauses (1), (2), 
and (3), and (4). 
    (5) (6) Unless a concurrent term is specified by the court, 
a sentence under this section shall be consecutive to any 
sentence previously imposed or which may be imposed for any 
crime or offense for which the person was in custody when he 
escaped. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective the day after final enactment.
    Approved March 20, 1986