2007 Minnesota Statutes

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 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.
    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.
History: (5692) RL s 2285; 1986 c 444; 1991 c 345 art 1 s 101; 1992 c 571 art 15 s 3;
2000 c 408 s 1