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244.195 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL
RELEASEES, AND PRETRIAL RELEASEES.
    Subdivision 1. Definitions. (a) As used in this subdivision, the following terms have the
meanings given them.
(b) "Commissioner" means the commissioner of corrections.
(c) "Conditional release" means parole, supervised release, conditional release as authorized
by section 609.108, subdivision 6, or 609.109, subdivision 7, work release as authorized by
sections 241.26, 244.065, and 631.425, probation, furlough, and any other authorized temporary
release from a correctional facility.
(d) "Court services director" means the director or designee of a county probation agency
that is not organized under chapter 401.
(e) "Detain" means to take into actual custody, including custody within a local correctional
facility.
(f) "Local correctional facility" has the meaning given in section 241.021, subdivision 1.
(g) "Release" means to release from actual custody.
    Subd. 2. Detention pending hearing. When it appears necessary to enforce discipline or to
prevent a person on conditional release from escaping or absconding from supervision, a court
services director has the authority to issue a written order directing any peace officer in the county
or any county probation officer serving the district and juvenile courts of the county to detain and
bring the person before the court or the commissioner, whichever is appropriate, for disposition.
This written order is sufficient authority for the peace officer or probation officer to detain the
person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing
before the court or the commissioner.
    Subd. 3. Release before hearing. A court services director has the authority to issue a
written order directing a county probation officer serving the district and juvenile courts of the
county to release a person detained under subdivision 2 within 72 hours, excluding Saturdays,
Sundays, and holidays, without an appearance before the court or the commissioner. This written
order is sufficient authority for the county probation officer to release the detained person.
    Subd. 4. Detention of pretrial releasee. A court services director has the authority to issue a
written order directing any peace officer in the county or any probation officer serving the district
and juvenile courts of the county to detain any person on court-ordered pretrial release who
absconds from pretrial release or fails to abide by the conditions of pretrial release. A written
order issued under this subdivision is sufficient authority for the peace officer or probation officer
to detain the person.
    Subd. 5. Detention by state correctional investigator, or by peace officer or probation
officer from other county. (a) A court services director has the authority to issue a written order
directing any state correctional investigator or any peace officer, probation officer, or county
probation officer from another county to detain a person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility;
(2) fails to return from furlough or authorized temporary release from a local correctional
facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) A court services director has the authority to issue a written order directing any state
correctional investigator or any peace officer, probation officer, or county probation officer from
another county to detain any person on court-ordered pretrial release who absconds from pretrial
release or fails to abide by the conditions of pretrial release.
(c) A written order issued under paragraph (a) or (b) is sufficient authority for the state
correctional investigator, peace officer, probation officer, or county probation officer to detain
the person.
History: 1998 c 367 art 7 s 3