Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 115-S.F.No. 1097 
           An act relating to crimes; domestic assault; requiring 
          courts to issue written orders for conditional release;
          requiring arrest on violation of conditions of 
          release; providing for notice to alleged victims of 
          conditions of release; amending Minnesota Statutes 
          1986, section 629.72, subdivision 2, and by adding 
          subdivisions. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 629.72, 
subdivision 2, is amended to read:  
    Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] The judge 
before whom the arrested person is brought shall review the 
facts surrounding the arrest and detention.  The arrested person 
must be ordered released pending trial or hearing on the 
person's personal recognizance or on an order to appear or upon 
the execution of an unsecured bond in a specified amount unless 
the judge determines that release (1) will be inimical to public 
safety, (2) will create a threat of bodily harm to the arrested 
person, the victim of the alleged assault, or another, or (3) 
will not reasonably assure the appearance of the arrested person 
at subsequent proceedings.  If the judge determines release is 
not advisable, the judge may impose any conditions of release 
that will reasonably assure the appearance of the person for 
subsequent proceedings, or will protect the victim of the 
alleged assault, or may fix the amount of money bail without 
other conditions upon which the arrested person may obtain 
release.  If conditions of release are imposed, the judge shall 
issue a written order for conditional release.  The court 
administrator shall immediately distribute a copy of the order 
for conditional release to the agency having custody of the 
arrested person and shall provide the agency having custody of 
the arrested person with any available information on the 
location of the victim in a manner that protects the victim's 
safety.  Either the court or its designee or the agency having 
custody of the arrested person shall serve upon the defendant a 
copy of the order.  Failure to serve the arrested person with a 
copy of the order for conditional release does not invalidate 
the conditions of release. 
    Sec. 2.  Minnesota Statutes 1986, section 629.72, is 
amended by adding a subdivision to read: 
    Subd. 5.  [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 
who released the arrested person shall issue a warrant directing 
that the person be arrested and taken immediately before the 
judge, if: 
    (1) the judge receives an application alleging that the 
arrested person has violated the conditions of release; and 
    (2) the judge finds that probable cause exists to believe 
that the conditions of release have been violated. 
    Sec. 3.  Minnesota Statutes 1986, section 629.72, is 
amended by adding a subdivision to read: 
    Subd. 6.  [NOTICE TO VICTIM REGARDING RELEASE OF ARRESTED 
PERSON.] (a) Immediately after the issuance of a citation in 
lieu of continued detention under subdivision 1, or the entry of 
an order for release under subdivision 2, but before the 
arrested person is released, the agency having custody of the 
arrested person or its designee must make a reasonable and good 
faith effort to inform orally the alleged victim of: 
    (1) the conditions of release, if any; 
    (2) the time of release; 
    (3) the time, date, and place of the next scheduled court 
appearance of the arrested person and the victim's right to be 
present at the court appearance; and 
    (4) the location and telephone number of the area battered 
women's shelter as designated by the department of corrections. 
    (b) As soon as practicable after an order for conditional 
release is entered, the agency having custody of the arrested 
person or its designee must personally deliver or mail to the 
alleged victim a copy of the written order and written notice of 
the information in clauses (2) and (3). 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective August 1, 1987, and apply to 
crimes committed on or after that date. 
    Approved May 14, 1987