2023 Minnesota Statutes

244.197 INITIATING SANCTIONS CONFERENCE.

Subdivision 1.Authority; scope.

(a) Unless the district court directs otherwise, a probation agency may use a sanctions conference to address a technical violation of an individual on probation. If a sanctions conference is used, sections 244.197 to 244.1995 apply.

(b) Sections 244.197 to 244.1995 apply to both adults and juveniles on probation.

Subd. 2.Violation notice.

(a) If a probation agency has reason to believe that an individual on probation has committed a technical violation, the agency must:

(1) notify the individual in writing of the specific nature of the technical violation; and

(2) schedule a sanctions conference.

(b) The notice must also state that if the individual on probation fails to appear at the sanctions conference, the probation agency may apprehend and detain the individual under section 244.1951 and ask the court to initiate revocation proceedings under section 609.14 and rule 27.04 of the Rules of Criminal Procedure.

(c) To the extent feasible, the sanctions conference must take place within seven days after the individual on probation is mailed the notice. The notice must include the conference's date, time, and location.

Subd. 3.Providing sanctions conference form; signed stipulation.

At a sanctions conference, a probation officer must provide the individual on probation with a copy of a sanctions conference form. The individual must:

(1) stipulate in writing that the individual:

(i) has received a copy of the sanctions conference form; and

(ii) understands the information in the form and the options available to the individual; and

(2) declare in writing whether the individual will participate in the sanctions conference or proceed with a judicial hearing.

History:

1Sp2003 c 2 art 6 s 2; 2023 c 52 art 17 s 7