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Minnesota Legislature

Office of the Revisor of Statutes

609.14 REVOCATION OF STAY.
    Subdivision 1. Grounds. (a) When it appears that the defendant has violated any of the
conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct
which warrants the imposing or execution of sentence, the court may without notice revoke the
stay and direct that the defendant be taken into immediate custody.
(b) When it appears that the defendant violated any of the conditions of probation during the
term of the stay, but the term of the stay has since expired, the defendant's probation officer or
the prosecutor may ask the court to initiate probation revocation proceedings under the Rules of
Criminal Procedure at any time within six months after the expiration of the stay. The court also
may initiate proceedings under these circumstances on its own motion. If proceedings are initiated
within this six-month period, the court may conduct a revocation hearing and take any action
authorized under rule 27.04 at any time during or after the six-month period.
(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after
proceedings to revoke the stay have been initiated by a court order revoking the stay and directing
either that the defendant be taken into custody or that a summons be issued in accordance with
paragraph (a), the proceedings to revoke the stay may be concluded and the summary hearing
provided by subdivision 2 may be conducted after the expiration of the stay or after the six-month
period set forth in paragraph (b). The proceedings to revoke the stay shall not be dismissed on
the basis that the summary hearing is conducted after the term of the stay or after the six-month
period. The ability or inability to locate or apprehend the defendant prior to the expiration of the
stay or during or after the six-month period shall not preclude the court from conducting the
summary hearing unless the defendant demonstrates that the delay was purposefully caused by
the state in order to gain an unfair advantage.
    Subd. 2. Notification of grounds for revocation. The defendant shall thereupon be notified
in writing and in such manner as the court directs of the grounds alleged to exist for revocation
of the stay of imposition or execution of sentence. If such grounds are brought in issue by the
defendant, a summary hearing shall be held thereon at which the defendant is entitled to be heard
and to be represented by counsel.
    Subd. 3. Sentence. If any of such grounds are found to exist the court may:
(1) if imposition of sentence was previously stayed, again stay sentence or impose sentence
and stay the execution thereof, and in either event place the defendant on probation or order
intermediate sanctions pursuant to section 609.135, or impose sentence and order execution
thereof; or
(2) if sentence was previously imposed and execution thereof stayed, continue such stay
and place the defendant on probation or order intermediate sanctions in accordance with the
provisions of section 609.135, or order execution of the sentence previously imposed.
    Subd. 4. Restoration to liberty. If none of such grounds are found to exist, the defendant
shall be restored to liberty under the previous order of the court.
History: 1963 c 753 art 1 s 609.14; 1984 c 610 s 5,6; 1986 c 444; 1990 c 579 s 5; 1993 c
326 art 10 s 14; 1994 c 636 art 2 s 17