Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 408-S.F.No. 3108 
                  An act relating to corrections; regulating telephone 
                  access of persons restrained in local and state 
                  correctional facilities; limiting penalties; amending 
                  Minnesota Statutes 1998, section 481.10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 481.10, is 
        amended to read: 
           481.10 [CONSULTATION WITH PERSONS RESTRAINED.] 
           Subdivision 1.  [CONSULTATION.] All officers or persons 
        having in their custody a person restrained of liberty, except 
        in cases where imminent danger of escape or injury exists, shall 
        admit any attorney retained by or in on behalf of the person 
        restrained, or whom the restrained person may desire to consult, 
        to a private interview at the place of custody.  Such 
        custodians, upon request of the person restrained, as soon as 
        practicable, and before other proceedings shall be had, shall 
        notify the attorney of the request for a consultation with the 
        attorney.  At all times through the period of custody, whether 
        or not the person restrained has been charged, tried, convicted, 
        or is serving an executed sentence, reasonable telephone access 
        to the attorney shall be provided to the person restrained at no 
        charge to the attorney or to the person restrained.  Every 
        officer or person who shall violate any provision of this 
        section shall be guilty of a misdemeanor and, in addition to the 
        punishment prescribed therefor shall forfeit $100 to the person 
        aggrieved, to be recovered in a civil action.  
           Subd. 2.  [TELEPHONE ACCESS IN LOCAL CORRECTIONAL 
        FACILITIES.] Except as provided in subdivision 3 and except in 
        cases where imminent danger of escape or injury exists, all 
        officers or persons having in their custody a person restrained 
        of liberty whether or not the person restrained has been 
        charged, tried, or convicted, shall provide private telephone 
        access to any attorney retained by or on behalf of the person 
        restrained, or whom the restrained person may desire to consult 
        at no charge to the attorney or to the person restrained.  
        Reasonable telephone access under this subdivision shall be 
        provided following the request of the person restrained and 
        before other proceedings shall be had regarding the alleged 
        offense causing custody.  
           Subd. 3.  [TELEPHONE ACCESS IN STATE CORRECTIONAL 
        FACILITIES.] Except in cases where imminent danger of escape or 
        injury exists, all officers or persons having in their custody a 
        person restrained of liberty while serving an executed sentence 
        in a state correctional facility, shall provide private 
        telephone access to any attorney retained by or on behalf of the 
        person restrained, or whom the restrained person may desire to 
        consult at no charge to the attorney or to the person 
        restrained.  Telephone access under this subdivision shall be 
        provided following the request of the person restrained and in 
        accordance with policies adopted by the institution that meet 
        constitutional requirements. 
           Subd. 4.  [CRIMINAL PENALTY.] (a) Except as provided in 
        paragraph (b), whoever violates subdivision 1 or 2 is guilty of 
        a misdemeanor and shall also forfeit $100 to the person 
        aggrieved, to be recovered in a civil action. 
           (b) The penalties described in paragraph (a) do not apply 
        to officers or persons having in their custody persons 
        restrained of liberty while serving an executed sentence in a 
        state correctional facility. 
           Presented to the governor April 12, 2000 
           Signed by the governor April 14, 2000, 2:07 p.m.