Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 380-S.F.No. 2275 
                  An act relating to crime; requiring victim's account 
                  of domestic assault or harassment to be considered in 
                  determining arrested person's release; requiring 
                  notice to certain law enforcement agencies, battered 
                  women's programs, and sexual assault programs of 
                  release of arrested persons; requiring notice of bail 
                  hearings to victims of domestic assault and 
                  harassment; amending Minnesota Statutes 1994, section 
                  629.72, by adding a subdivision; Minnesota Statutes 
                  1995 Supplement, section 629.72, subdivisions 2 and 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        629.72, subdivision 2, is amended to read: 
           Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
        before whom the arrested person is brought shall review the 
        facts surrounding the arrest and detention.  The prosecutor or 
        other appropriate person shall present relevant information 
        involving the victim's or the victim's family's account of the 
        alleged crime to the judge to be considered in determining the 
        arrested person's release.  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 harassment or domestic abuse, or 
        another, or (3) will not reasonably assure the appearance of the 
        arrested person at subsequent proceedings.  
           (b) 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 harassment or domestic 
        abuse, 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. 
           (c) If the judge imposes as a condition of release a 
        requirement that the person have no contact with the victim of 
        the alleged harassment or domestic abuse, the judge may also, on 
        its own motion or that of the prosecutor or on request of the 
        victim, issue an ex parte temporary restraining order under 
        section 609.748, subdivision 4, or an ex parte temporary order 
        for protection under section 518B.01, subdivision 7.  
        Notwithstanding section 518B.01, subdivision 7, paragraph (b), 
        or 609.748, subdivision 4, paragraph (c), the temporary order is 
        effective until the defendant is convicted or acquitted, or the 
        charge is dismissed, provided that upon request the defendant is 
        entitled to a full hearing on the restraining order under 
        section 609.748, subdivision 5, or on the order for protection 
        under section 518B.01.  The hearing must be held within seven 
        days of the defendant's request. 
           Sec. 2.  Minnesota Statutes 1995 Supplement, section 
        629.72, subdivision 6, is amended to read: 
           Subd. 6.  [NOTICE TO VICTIM REGARDING RELEASE OF ARRESTED 
        PERSON.] (a) Immediately after 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, local law 
        enforcement agencies known to be involved in the case, if 
        different from the agency having custody, and, at the victim's 
        request any local battered women's programs established under 
        section 611A.32 or sexual assault programs 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) if the arrested person is charged with domestic abuse, 
        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 paragraph (a), clauses (2) and (3). 
           Sec. 3.  Minnesota Statutes 1994, section 629.72, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 
        person arrested for or a juvenile detained for domestic assault 
        or harassment is scheduled to be reviewed under subdivision 2 
        for release from pretrial detention, the court shall make a 
        reasonable good faith effort to notify:  (1) the victim of the 
        alleged crime; (2) if the victim is incapacitated or deceased, 
        the victim's family; and (3) if the victim is a minor, the 
        victim's parent or guardian.  The notification must include: 
           (1) the date and approximate time of the review; 
           (2) the location where the review will occur; 
           (3) the name and telephone number of a person that can be 
        contacted for additional information; and 
           (4) a statement that the victim and the victim's family may 
        attend the review. 
           Presented to the governor March 25, 1996 
           Signed by the governor March 27, 1996, 11:17 a.m.