CHAPTER 631. TRIAL, JUDGMENT, SENTENCE
Table of Sections
|631.01||Repealed, 1979 c 233 s 42|
|631.015||Repealed, 1979 c 233 s 42|
|631.02||ALLOWING CONTINUANCES FOR SUFFICIENT CAUSE.|
|631.021||SPEEDY CRIMINAL TRIALS; CASE DISPOSITION OBJECTIVES.|
|631.03||Repealed, 1979 c 233 s 42|
|631.035||JOINDER OF DEFENDANTS.|
|631.04||EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL TRIALS; DUTY OF OFFICER; PENALTY.|
|631.045||EXCLUDING SPECTATORS FROM THE COURTROOM.|
|631.046||AUTHORIZING PRESENCE OF SUPPORT PERSON FOR MINOR PROSECUTING WITNESS.|
|631.05||REQUIRING A JUROR TO TESTIFY WHEN THE JUROR HAS PERSONAL KNOWLEDGE RESPECTING FACT IN CONTROVERSY; VIEW.|
|631.06||QUESTIONS OF LAW AND FACT; ALLOCATION OF DECISION MAKING TO COURT AND JURY.|
|631.07||ORDER OF FINAL ARGUMENT.|
|631.08||Repealed, 1979 c 233 s 42|
|631.09||HOW AND WHERE THE JURY MUST BE KEPT WHILE DELIBERATING; REQUIRING SEPARATE ACCOMMODATIONS FOR JURORS.|
|631.10||Repealed, 1979 c 233 s 42|
|631.11||Repealed, 1979 c 233 s 42|
|631.12||CONDITIONS UNDER WHICH A JURY MAY BE DISCHARGED WITHOUT VERDICT.|
|631.13||CONDITIONS UNDER WHICH A SECOND TRIAL IS PERMITTED.|
|631.14||ALLOWING VERDICT FOR LESSER INCLUDED OFFENSE.|
|631.15||ALLOWING VERDICT AS TO SOME DEFENDANTS, AND DISAGREEMENT AS TO OTHERS.|
|631.16||Repealed, 1979 c 233 s 42|
|631.17||REQUIRING COURT ADMINISTRATOR TO READ VERDICT TO JURY.|
|631.18||Repealed, 1979 c 233 s 42|
|631.19||Repealed, 1979 c 233 s 42|
|631.20||HEARING ON PUNISHMENT.|
|631.21||ALLOWING DISMISSAL OF CAUSE UPON COURT'S OR PROSECUTOR'S MOTION.|
|631.22||CHALLENGES CLASSIFIED; REQUIRING SEVERAL DEFENDANTS TO JOIN IN CHALLENGE.|
|631.23||Repealed, 1979 c 233 s 42|
|631.24||Repealed, 1979 c 233 s 42|
|631.25||Repealed, 1979 c 233 s 42|
|631.26||Repealed, 1979 c 233 s 42|
|631.27||Repealed, 1979 c 233 s 42|
|631.28||Repealed, 1979 c 233 s 42|
|631.29||Repealed, 1979 c 233 s 42|
|631.30||Repealed, 1979 c 233 s 42|
|631.31||Repealed, 1979 c 233 s 42|
|631.32||Repealed, 1979 c 233 s 42|
|631.33||Repealed, 1977 c 286 s 21|
|631.34||Repealed, 1979 c 233 s 42|
|631.35||Repealed, 1979 c 233 s 42|
|631.36||EXAMINATION OF CHALLENGED JUROR AT VOIR DIRE.|
|631.37||Repealed, 1979 c 233 s 42|
|631.38||Repealed, 1979 c 233 s 42|
|631.39||Repealed, 1979 c 233 s 42|
JUDGMENTS, EXECUTION THEREOF
|631.40||JUDGMENT ON CONVICTION; JUDGMENT ROLL DEFINED.|
|631.41||REQUIRING COURT ADMINISTRATOR TO DELIVER TRANSCRIPT OF MINUTES OF SENTENCE TO SHERIFF.|
|631.412||SAME SEX ESCORT FOR INMATES BEING TRANSFERRED.|
|631.42||Repealed, 1963 c 753 art 2 s 17|
|631.425||RELEASING OFFENDERS FOR EMPLOYMENT AT THEIR CUSTOMARY WORK.|
|631.43||SENTENCE WHEN PUNISHMENT NOT PRESCRIBED.|
|631.44||RECOGNIZANCE TO KEEP PEACE.|
|631.45||PROCEEDINGS REQUIRED IF BREACH OF RECOGNIZANCE TO KEEP PEACE.|
|631.46||REQUIRING AN OFFENDER TO SERVE JAIL SENTENCE IN ANOTHER COUNTY WHEN NO JAIL IS AVAILABLE IN COUNTY OF OFFENSE.|
|631.461||ALLOWING SENTENCE OF OFFENDER TO A WORKHOUSE OR CORRECTIONAL OR WORK FARM.|
|631.47||Repealed, 1963 c 753 art 2 s 17|
|631.471||PROTECTING INMATES; CERTAIN FORFEITURES ABOLISHED.|
|631.48||PENALTY MAY INCLUDE COSTS OF PROSECUTION.|
|631.49||Repealed, 1963 c 753 art 2 s 17|
|631.50||ALIEN INMATES OR MENTALLY ILL PERSONS; REQUIRING NOTICE TO UNITED STATES IMMIGRATION OFFICERS.|
|631.51||CERTIFIED COPIES OF INDICTMENT OR COMPLAINT FURNISHED TO IMMIGRATION OFFICERS.|
|631.52||EFFECT OF CERTAIN CONVICTIONS ON CUSTODY AND PARENTING TIME RIGHTS.|
631.02 ALLOWING CONTINUANCES FOR SUFFICIENT CAUSE.
A continuance may be granted by the court when a case is called for trial, or at any time
during pretrial proceedings, upon motion of either the prosecution or defense. The moving
party must show sufficient cause for the continuance. Affidavits in support of the motion for
continuance must be filed with the court administrator. When a defendant who has given bail
appears for trial, the court may at any time after the appearance order the defendant committed to
the custody of the proper officer of the county, pending judgment or further order of the court.
History: (10706) RL s 5359; 1985 c 265 art 11 s 1; 1Sp1986 c 3 art 1 s 82
631.021 SPEEDY CRIMINAL TRIALS; CASE DISPOSITION OBJECTIVES.
The judges of each judicial district must adopt and administer rules or procedures to ensure
that, on and after July 1, 1997, the following timing objectives for the disposition of criminal
cases are met by judges within the district:
(1) 90 percent of all criminal cases must be disposed of within 120 days;
(2) 97 percent of all criminal cases must be disposed of within 180 days; and
(3) 99 percent of all criminal cases must be disposed of within 365 days.
The time periods referred to in clauses (1) to (3) must be measured from the date the criminal
complaint is filed, to the date the defendant is either found not guilty or is sentenced. If the
criminal case begins by indictment rather than by criminal complaint, the time period must be
measured from the date the indictment is returned.
History: 1989 c 335 art 3 s 39; 1994 c 636 art 8 s 16
631.035 JOINDER OF DEFENDANTS.
Subdivision 1. Joinder of defendants.
Two or more defendants may be jointly charged
with a felony and tried if they are alleged to have participated in the same act or transaction
or in the same series of acts or transactions constituting an offense. The defendants may be
charged in one or more counts and tried together or separately and all of the defendants need not
be charged in each count.
Subd. 2. Relief from prejudicial joinder.
If it appears that a defendant is prejudiced by a
joinder of defendants in a complaint or indictment or by joinder for trial together, the court may,
upon motion of the defendant or the court's own motion, order an election or separate trials
of counts, grant a severance of defendants, or provide whatever other relief justice requires.
In making its determination, the court shall consider the impact on the victim. In ruling on a
motion by a defendant for severance, the court may order the prosecutor to deliver to the court for
inspection in camera any statements or confessions made by the defendants which the prosecution
intends to introduce in evidence at the trial.
History: 1987 c 395 s 1; 1992 c 571 art 9 s 1
631.04 EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL TRIALS; DUTY
OF OFFICER; PENALTY.
A minor under the age of 17 who is not a party to, witness in, or directly interested in a
criminal prosecution or trial before a district court, may not be present at the trial. A police officer,
sheriff, or other officer in charge of a court and attending upon the trial of a criminal case in the
court, shall exclude a minor under age of 17 from the room in which the trial is being held. This
section does not apply when the minor is permitted to attend by order of the court before which
the trial is being held. A police officer, sheriff, or deputy sheriff who knowingly neglects or
refuses to carry out the provisions of this section is guilty of a misdemeanor.
History: (10708) RL s 5361; 1983 c 359 s 145; 1985 c 265 art 11 s 1; 1998 c 254 art 2 s
73; 2005 c 10 art 2 s 4; art 3 s 25
631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.
At the trial of a complaint or indictment for a violation of sections
617.246, subdivision 2
; or Minnesota Statutes 2004, section 609.109, when a minor
under 18 years of age is the person upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom during the victim's testimony or
during all or part of the remainder of the trial upon a showing that closure is necessary to protect a
witness or ensure fairness in the trial. The judge shall give the prosecutor, defendant and members
of the public the opportunity to object to the closure before a closure order. The judge shall
specify the reasons for closure in an order closing all or part of the trial. Upon closure the judge
shall only admit persons who have a direct interest in the case.
History: 1982 c 558 s 4; 1985 c 265 art 11 s 1; 1986 c 351 s 22; 1998 c 367 art 6 s 14;
2005 c 136 art 4 s 10; 2007 c 13 art 3 s 37
631.046 AUTHORIZING PRESENCE OF SUPPORT PERSON FOR MINOR
Subdivision 1. Child abuse and violent crime cases.
Notwithstanding any other law, a
prosecuting witness under 18 years of age in a case involving child abuse as defined in section
630.36, subdivision 2
, a crime of violence, as defined in section
624.712, subdivision 5
, or an
assault under section
, may choose to have in attendance or be accompanied
by a parent, guardian, or other supportive person, whether or not a witness, at the omnibus
hearing or at the trial, during testimony of the prosecuting witness. If the person so chosen is
also a prosecuting witness, the prosecution shall present on noticed motion, evidence that the
person's attendance is both desired by the prosecuting witness for support and will be helpful to
the prosecuting witness. Upon that showing the court shall grant the request unless information
presented by the defendant or noticed by the court establishes that the support person's attendance
during the testimony of the prosecuting witness would pose a substantial risk of influencing or
affecting the content of that testimony.
Subd. 2. Other cases.
Notwithstanding any other law, a prosecuting witness in any case
involving criminal sexual conduct as defined in sections
may choose to be accompanied by a supportive person, whether or not a witness, at the omnibus
or other pretrial hearing. If the supportive person is also a witness, the prosecution and the court
shall follow the motion procedure outlined in subdivision 1 to determine whether or not the
supportive person's presence will be permitted.
History: 1985 c 286 s 23; 1986 c 463 s 21; 1993 c 326 art 6 s 24; 1995 c 259 art 3 s 26
631.05 REQUIRING A JUROR TO TESTIFY WHEN THE JUROR HAS PERSONAL
KNOWLEDGE RESPECTING FACT IN CONTROVERSY; VIEW.
If a juror has personal knowledge respecting a fact in controversy in a cause, the juror shall
declare it in open court during the trial. If during the retirement of a jury, a juror declares a fact
which could be evidence in the cause, as of the juror's own knowledge, the jury shall return into
court. In either of these cases, the juror making the statement shall be sworn as a witness and
examined in the presence of the parties. The court may order a view by a jury impaneled to try a
criminal case in accordance with rule
26.03, subdivision 10
, of the Rules of Criminal Procedure.
History: (10709) RL s 5362; 1979 c 233 s 41; 1985 c 265 art 11 s 1; 1986 c 444
631.06 QUESTIONS OF LAW AND FACT; ALLOCATION OF DECISION MAKING
TO COURT AND JURY.
In criminal trials, the court shall decide questions of law, except in cases of criminal
defamation, and the jury shall decide questions of fact. The defendant may object to a decision of
the court on a matter of law. Although the jury may return a general verdict including questions of
law as well as fact, it shall receive as law the court's instructions.
History: (10710) RL s 5363; 1971 c 25 s 99; 1985 c 265 art 11 s 1
631.07 ORDER OF FINAL ARGUMENT.
When the giving of evidence is concluded in a criminal trial, unless the case is submitted
on both sides without argument, the prosecution may make a closing argument to the jury. The
defense may then make its closing argument to the jury. The prosecution shall then have the right
to reply in rebuttal to the closing argument of the defense.
History: (10711) RL s 5364; 1985 c 265 art 11 s 1; 1987 c 395 s 2; 1997 c 239 art 3
s 21; 1999 c 72 s 1
631.09 HOW AND WHERE THE JURY MUST BE KEPT WHILE DELIBERATING;
REQUIRING SEPARATE ACCOMMODATIONS FOR JURORS.
At the close of the evidence and after the court has charged the jury, the jury may decide the
case in court or retire for deliberation. If the jury cannot agree on a verdict without retiring, the
court shall swear one or more officers to take charge of the jury. The jury must be kept together
in some private and convenient place without food or drink except water unless ordered by the
court. No person may be permitted to speak or communicate with any juror, unless by order
of court, nor may a person listen to its deliberations. The jury must be returned to court upon
agreeing on a verdict or when so ordered by the court. In case of mixed juries counties shall
provide adequate, separate quarters for male and female jurors with proper accommodations. If
the county fails to provide proper accommodations, the court shall order the jurors to be housed in
a suitable hotel for the night.
This section applies only if the jury has failed to agree.
History: (10713,10713-1) RL s 5366; 1927 c 210 s 1,2; 1981 c 31 s 21; 1985 c 265 art 11 s
1; 1Sp1985 c 16 art 1 s 4
631.12 CONDITIONS UNDER WHICH A JURY MAY BE DISCHARGED WITHOUT
After the retirement of the jury, the court may discharge it if:
(1) one of the jurors becomes so sick as to be unable to continue to serve on the jury;
(2) the jury is unable to agree upon a verdict; or
(3) any other accident or cause occurs to prevent the jury from being kept together for
History: (10716) RL s 5369; 1985 c 265 art 11 s 1; 1986 c 444
631.13 CONDITIONS UNDER WHICH A SECOND TRIAL IS PERMITTED.
If a jury is discharged or prevented from giving a verdict because of accident, disagreement,
or other cause, the case may be again tried at the same or another term, unless the defendant is
discharged during the trial or after the case has been submitted to the jury.
History: (10717) RL s 5370; 1985 c 265 art 11 s 1
631.14 ALLOWING VERDICT FOR LESSER INCLUDED OFFENSE.
Upon an indictment or complaint for an offense consisting of different degrees, the jury
may find the defendant not guilty of the degree charged in the indictment or complaint, and
guilty of any degree inferior to that. Upon an indictment or complaint for an offense, the jury
may find the defendant not guilty of committing it, and guilty of an attempt to commit it. Upon
an indictment or complaint for murder, if the jury finds the defendant not guilty, it may, upon
the same indictment or complaint, find the defendant guilty of manslaughter in any degree. In all
other cases, the defendant may be found guilty of any offense necessarily included in that offense
with which the defendant is charged in the indictment or complaint.
History: (10718) RL s 5371; 1985 c 265 art 11 s 1
631.15 ALLOWING VERDICT AS TO SOME DEFENDANTS, AND DISAGREEMENT
AS TO OTHERS.
If the jury cannot agree upon a verdict with respect to all defendants in a trial involving
multiple defendants, it may render a verdict as to those defendants in regard to whom it does
agree, on which a judgment shall be entered accordingly. The defendants not receiving a verdict
may be tried by another jury.
History: (10719) RL s 5372; 1985 c 265 art 11 s 1
631.17 REQUIRING COURT ADMINISTRATOR TO READ VERDICT TO JURY.
When a verdict such as the court may receive is returned, the court administrator shall
immediately file it in open court and read it to the jury, and ask the jurors if it is their verdict. If
a juror disagrees, that fact shall be entered upon the minutes, and the court shall send the jury
out to deliberate further. If no disagreement is expressed by the jury, the verdict is complete,
and the court shall discharge the jury from the case. The court administrator shall immediately
record the verdict in full in the court minutes.
History: (10721) RL s 5374; 1955 c 32 s 1; 1985 c 265 art 11 s 1; 1Sp1986 c 3 art 1 s 82
631.20 HEARING ON PUNISHMENT.
After a plea or verdict of guilty, if the court has discretion as to the extent of the punishment,
and if either party suggests that there are aggravating or mitigating circumstances which may
be properly considered in imposing sentence, the court may hear the issue summarily, at a
specified time, and upon notice to the adverse party as it may direct. The aggravating or mitigating
circumstances must be presented by the testimony of witnesses examined in open court.
History: (10724) RL s 5377; 1985 c 265 art 11 s 1
631.21 ALLOWING DISMISSAL OF CAUSE UPON COURT'S OR PROSECUTOR'S
The court may order a criminal action, whether prosecuted upon indictment or complaint,
to be dismissed. The court may order dismissal of an action either on its own motion or upon
motion of the prosecuting attorney and in furtherance of justice. If the court dismisses an action,
the reasons for the dismissal must be set forth in the order and entered upon the minutes. The
recommendations of the prosecuting officer in reference to dismissal, with reasons for dismissal,
must be stated in writing and filed as a public record with the official files of the case.
History: (10725) RL s 5378; 1927 c 296; 1985 c 265 art 11 s 1; 1986 c 444
631.22 CHALLENGES CLASSIFIED; REQUIRING SEVERAL DEFENDANTS TO JOIN
A challenge is an objection made to a trial jury, and is of two kinds:
(1) to the panel; and
(2) to an individual juror.
When several defendants are tried together, they cannot sever the challenge, but shall join in
making the challenge.
History: (10729) RL s 5382; 1985 c 265 art 11 s 1
631.36 EXAMINATION OF CHALLENGED JUROR AT VOIR DIRE.
At a voir dire examination, a challenged juror may be examined as a witness to prove or
disprove the challenge. The juror shall answer every question pertinent to the inquiry. When
challenged on the ground that the juror is not a citizen of the United States, the juror's own
testimony is competent evidence of the fact of naturalization, without other evidence. The juror's
testimony on the issue of citizenship may be disputed by the challenger. At a voir dire examination
either party may examine other witnesses on either side. The Rules of Evidence applicable to the
trial of other issues govern the admission or exclusion of testimony at a voir dire examination.
History: (10743) RL s 5396; 1985 c 265 art 11 s 1; 1986 c 444
JUDGMENTS, EXECUTION THEREOF
631.40 JUDGMENT ON CONVICTION; JUDGMENT ROLL DEFINED.
Subdivision 1. Entering judgment; judgment roll.
When judgment upon a conviction is
rendered, the court administrator shall enter the judgment upon the minutes, stating briefly the
offense for which the conviction was had. The court administrator shall then immediately attach
together and file the papers specified in clauses (1) to (5). The judgment roll consists of the
papers specified in clauses (1) to (5):
(1) a copy of the minutes of challenge made by the defendant to the panel of the grand jury,
or to an individual grand juror, and the proceedings and decisions on the challenges;
(2) the indictment or complaint and a copy of the minutes of the plea or motion to dismiss or
to grant appropriate relief;
(3) a copy of the minutes of a challenge made to the panel of the trial jury or to an individual
juror, and the proceedings and decision on the challenge;
(4) a copy of the minutes of the trial; and
(5) a copy of the minutes of the judgment.
Subd. 1a. Certified copy of disqualifying offense convictions sent to public safety and
When a person is convicted of committing a disqualifying offense, as defined
171.3215, subdivision 1
, a gross misdemeanor, a fourth moving violation within the
previous three years, or a violation of section
, or a similar statute or ordinance from
another state, the court shall determine whether the offender is a school bus driver as defined in
171.3215, subdivision 1
, whether the offender possesses a school bus driver's endorsement
on the offender's driver's license and in what school districts the offender drives a school bus.
If the offender is a school bus driver or possesses a school bus driver's endorsement, the court
administrator shall send a certified copy of the conviction to the Department of Public Safety and
to the school districts in which the offender drives a school bus within ten days after the conviction.
Subd. 1b. Crime against minor.
When a person is convicted of committing a crime against a
minor as defined in section
171.3215, subdivision 2a
, the court shall order that the presentence
investigation include information about whether the offender is a Head Start bus driver as defined
171.3215, subdivision 1
, whether the offender possesses a passenger endorsement
on the offender's driver's license, and for what Head Start agency the offender drives a Head
Start bus. If the offender is a Head Start bus driver or possesses a Head Start bus driver's
passenger endorsement, the court administrator shall send a certified copy of the conviction to
the Department of Public Safety and to the Head Start agency for which the offender drives a
Head Start bus.
Subd. 2. Crimes against minors.
When a person is convicted of committing a crime against
a minor as defined in section
214.10, subdivision 9
, the court shall order that the presentence
investigation include information about any professional or occupational license held by the
offender. If the offender is a licensed person under section
214.10, subdivision 9
, the court
administrator shall send a certified copy of the conviction to the board having jurisdiction over the
offender's license. Within 30 days of receiving notice of the conviction, the appropriate licensing
board must initiate proceedings to consider revoking the offender's license.
Subd. 3. Departments of Human Services and Health licensees.
When a person who
is affiliated with a program or facility governed by the Department of Human Services or
Department of Health is convicted of a disqualifying crime, the probation officer or corrections
agent shall notify the commissioner of the conviction, as provided in chapter 245C.
Subd. 4. Licensed teachers.
When a person is convicted of child abuse, as defined in
, or sexual abuse under section
617.23, subdivision 3
, the court shall determine whether the person is licensed to
teach under chapter 122A. If the offender is a licensed teacher, the court administrator shall send a
certified copy of the conviction to the Board of Teaching or the Board of School Administrators,
whichever has jurisdiction over the teacher's license, within ten days after the conviction.
History: (10757) RL s 5410; 1985 c 265 art 11 s 1; 1Sp1986 c 3 art 1 s 82; 1991 c 265 art 9
s 70; 1994 c 603 s 22; 1994 c 647 art 12 s 34; 1995 c 229 art 3 s 16; 1Sp1995 c 3 art 2 s 49; 1996
c 412 art 2 s 16; 1999 c 201 s 5; 2000 c 478 art 2 s 7; 2003 c 15 art 1 s 33; 2004 c 294 art 5 s 19
631.41 REQUIRING COURT ADMINISTRATOR TO DELIVER TRANSCRIPT OF
MINUTES OF SENTENCE TO SHERIFF.
When a person convicted of an offense is sentenced to pay a fine or costs or to be imprisoned
in the county jail, or committed to the commissioner of corrections, the court administrator shall,
as soon as possible, make out and deliver to the sheriff or a deputy a transcript from the minutes of
the court of the conviction and sentence. A duly certified transcript is sufficient authority for the
sheriff to execute the sentence. Upon receiving the transcript, the sheriff shall execute the sentence.
History: (10758) RL s 5411; 1979 c 102 s 13; 1985 c 265 art 11 s 1; 1Sp1986 c 3 art 1 s
82; 1993 c 326 art 8 s 15
631.412 SAME SEX ESCORT FOR INMATES BEING TRANSFERRED.
When a sheriff or other correctional officer has custody of a person charged with or convicted
of a crime and transfers that person more than 100 miles, that sheriff or other correctional officer
shall provide the transferee with a custodial escort of the same sex as the transferee. A sheriff may
employ, when the occasion exists, a suitable person to carry out this section. The expenses of the
person's employment must be paid out of county funds not otherwise appropriated.
History: (9950-4) 1927 c 213 s 1; 1985 c 265 art 11 s 1; 1987 c 49 s 16; 1992 c 417 s 1
631.425 RELEASING OFFENDERS FOR EMPLOYMENT AT THEIR CUSTOMARY
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Court" means a court having criminal jurisdiction.
(c) "Sheriff" includes a chief of police and workhouse superintendent.
(d) "Jail" includes a county jail, workhouse, and lockup.
Subd. 2. Discretion of court.
A convicted person at the time of sentencing to jail, or at any
time before commitment, may in the discretion of the sentencing court be committed under this
section. The court shall cite this section in the sentence if a person is committed under this section.
Subd. 3. Continuation of employment.
If the person committed under this section has been
regularly employed, the sheriff shall arrange for a continuation of the employment insofar as
possible without interruption. If the person is not employed, the court may designate a suitable
person or agency to make reasonable efforts to secure some suitable employment for that person.
An inmate employed under this section must be paid a fair and reasonable wage for work
performed and must work at fair and reasonable hours per day and per week. There must not be a
fee or charge for the inmate to participate in any employment under this section if the inmate is
paying for the cost of the inmate's maintenance under subdivision 5.
Subd. 4. Confinement when not employed.
Unless the court otherwise directs, the sheriff or
local correctional agency may electronically monitor or confine in jail each inmate during the
time the inmate is not employed, or, if the inmate is employed, between the times of employment.
The sheriff may not electronically monitor an offender who is sentenced for an offense within
the definition of domestic abuse under section
518B.01, subdivision 2
, unless the court directs
otherwise. The sheriff may assess the cost of electronic monitoring on the offender.
Subd. 5. Earnings.
The earnings of an inmate may be collected by the sheriff, probation
department, local social services agency or suitable person or agency designated by the court.
From the earnings, the person or agency designated to collect them may pay:
(1) the cost of the inmate's maintenance, both inside and outside the jail, but the charge
for maintenance inside the jail may not exceed the legal daily allowance for board allowed the
sheriff for ordinary inmates;
(2) to the extent directed by the court, pay the support of dependents, if any;
(3) court costs and fines; and
(4) court-ordered restitution, if any. Any balance must be retained until the inmate's discharge
and then paid to the inmate.
Subd. 6. Reduction of sentence.
The term of the inmate's sentence, whether the term is part
of an executed sentence or is imposed as a condition of probation, shall, when ten days or more,
be reduced by one day for each two days served, commencing on the day of arrival, during
which the inmate has not violated any rule or discipline of the place within which the person is
incarcerated and, if required to labor, has labored with diligence and fidelity.
Subd. 7. Violation of sentence; procedure.
If the inmate violates a condition of work
release relating to conduct, custody, or employment, the correctional facility administrator may
require that the inmate spend the balance of the inmate's sentence in actual confinement. The
facility administrator shall give the inmate an opportunity to be heard before implementing
this decision. On appeal by the inmate within seven days, the court must review the facility
administrator's decision and, in its review, may (1) uphold or reverse the decision; and (2) order
additional sanctions for the work release violation, including canceling any earned reduction in
the inmate's term and finding the inmate in contempt of court.
Subd. 8. Sheriff; extra compensation.
The county board or local governing board shall
determine how much extra compensation and mileage the sheriff is entitled to under this section.
Subd. 9. Employment in another county.
The court may by order authorize the sheriff to
whom the inmate is committed to arrange with another sheriff for the employment of the inmate in
the other sheriff's jurisdiction. When the inmate is employed in the other jurisdiction, the inmate
is in the custody of that jurisdiction's sheriff, but in other respects is subject to the commitment.
Subd. 10. Local social services agency; duties.
A committing court or sheriff may request
the local social services agency or any other welfare agency, public or private, to provide
appropriate services to an inmate or the inmate's family.
Subd. 11. Applicable in contempt cases.
The provisions of this section apply to a person
committed to the county jail by a court of record upon an adjudication of contempt of court.
Subd. 12. Report by court.
On December 31 of each year, each court that has committed a
prisoner in accordance with this section shall file with the Department of Corrections, in a form
prescribed by the department (1) the number of persons committed, (2) the offenses for which
they were committed, (3) the number who had previously been sentenced under this section, and
(4) other statistical information prescribed by the department.
History: 1957 c 715 s 1; 1961 c 617 s 1-4; 1983 c 262 art 2 s 7; 1985 c 265 art 11 s 1; 1991
c 292 art 8 s 13,14; 1994 c 631 s 31; 1994 c 636 art 6 s 26; 2005 c 136 art 13 s 17; 2006 c
260 art 4 s 15
631.43 SENTENCE WHEN PUNISHMENT NOT PRESCRIBED.
When no punishment is provided by statute, the court shall sentence the convicted person to
a term of imprisonment that, in view of the degree and aggravation of the offense, is not cruel,
unusual, or repugnant to the person's constitutional rights.
History: (10760) RL s 5414; 1985 c 265 art 11 s 1
631.44 RECOGNIZANCE TO KEEP PEACE.
When a person is convicted of an offense not punishable by imprisonment in the Minnesota
Correctional Facility-Stillwater or county jail, the sentencing court may require the person to
recognize, to keep the peace and be of good behavior for a term of not more than two years. The
court may require the person to be detained in custody until that person agrees to recognize.
The recognizance is in addition to the punishment prescribed by law. It must be with sufficient
sureties and in a reasonable sum.
History: (10761) RL s 5415; 1979 c 102 s 13; 1985 c 265 art 11 s 1
631.45 PROCEEDINGS REQUIRED IF BREACH OF RECOGNIZANCE TO KEEP
In case of the breach of the conditions of a recognizance entered into under section
the same proceedings must be had that are by law prescribed for recognizances to keep the peace.
History: (10762) RL s 5416; 1985 c 265 art 11 s 1
631.46 REQUIRING AN OFFENDER TO SERVE JAIL SENTENCE IN ANOTHER
COUNTY WHEN NO JAIL IS AVAILABLE IN COUNTY OF OFFENSE.
If a sentence requires imprisonment at a local correctional facility and there is no suitable
facility in the county in which the offense was committed, the court may order the sentence to be
executed in any other county where there is a suitable facility. The county in which the offense
was committed shall pay the expense of supporting the inmate.
History: (10763) RL s 5417; 1985 c 265 art 11 s 1
631.461 ALLOWING SENTENCE OF OFFENDER TO A WORKHOUSE OR
CORRECTIONAL OR WORK FARM.
When a sentence for an offense includes imprisonment in a county jail, the court may
sentence the offender to imprisonment in a workhouse or correctional or work farm if there is
one in the county where the offender is tried or where the offense was committed. If not, the
court may sentence the offender to imprisonment in a workhouse or correctional or work farm
in any county in this state. However, the county board of the county where the offender is tried
shall have some agreement for the receipt, maintenance, and confinement of inmates with the
county where the offender has been sentenced to imprisonment. The place of imprisonment
must be specified in the sentence. Inmates may be removed from one place of confinement to
another as provided by statute.
History: (9934) RL s 4775; 1933 c 329; 1963 c 130 s 1; 1963 c 753 art 2 s 8; 1985 c
265 art 11 s 1
631.471 PROTECTING INMATES; CERTAIN FORFEITURES ABOLISHED.
An inmate sentenced to imprisonment is under the protection of the law, and an unauthorized
injury to the inmate's person is punishable just as if the inmate were not convicted or sentenced.
A conviction for a crime does not work a forfeiture of real or personal property or of any right
or interest in property. Forfeitures in the nature of deodands, or in a case of suicide, or where a
person flees from justice, are abolished.
History: (9939) RL s 4777; 1985 c 265 art 11 s 1; 1986 c 444
631.48 PENALTY MAY INCLUDE COSTS OF PROSECUTION.
In a criminal action, upon conviction of the defendant, the court may order as part of the
sentence that defendant shall pay the whole or any part of the disbursements of the prosecution,
including disbursements made to extradite a defendant. The court may order this payment in
addition to any other penalty authorized by law which it may impose. The payment of the
disbursements of prosecution may be enforced in the same manner as the sentence, or by
execution against property. When collected, the disbursements must be paid into the treasury
of the county of conviction, but this payment may not interfere with the payment of officers',
witnesses', or jurors' fees.
History: (9485) RL s 4352; 1985 c 265 art 11 s 1; 1990 c 579 s 6
631.50 ALIEN INMATES OR MENTALLY ILL PERSONS; REQUIRING NOTICE TO
UNITED STATES IMMIGRATION OFFICERS.
When a person who is convicted of a felony or is found to be a person who is mentally
ill is committed to the Minnesota Correctional Facility-Stillwater, the Minnesota Correctional
Facility-St. Cloud, the county jail, or any other state or county institution which is supported,
wholly or in part, by public funds, the chief executive officer, sheriff, or other officer in charge of
the state or county institution shall at once inquire into the nationality of the person. If it appears
that the person is an alien, the officer shall immediately notify the United States immigration
officer in charge of the district in which the correctional facility, jail, or other institution is located,
of (1) the date of and the reasons for the alien commitment, (2) the length of time for which
committed, (3) the country of which the alien is a citizen, and (4) the date on which and the port at
which the alien last entered the United States.
History: (9950-1) 1927 c 301 s 1; 1976 c 2 s 155; 1979 c 102 s 13; 1985 c 265 art 11
s 1; 2002 c 221 s 49
631.51 CERTIFIED COPIES OF INDICTMENT OR COMPLAINT FURNISHED TO
Upon the official request of a United States immigration officer to a court committing an
alien after conviction of a felony, the court administrator of the committing court shall furnish the
officer without charge a certified copy of the complaint or indictment, the judgment, sentence, and
any other record pertaining to the case of the convicted alien if:
(1) the immigration officer is in charge of the district or territory in which the court is
(2) the state or county institution is supported, in whole or in part, by public funds.
History: (9950-2) 1927 c 301 s 2; 1985 c 265 art 11 s 1; 1Sp1986 c 3 art 1 s 82
631.52 EFFECT OF CERTAIN CONVICTIONS ON CUSTODY AND PARENTING TIME
Subdivision 1. Suspension of parenting time rights; transfer of custody.
(a) If a person
who has court-ordered custody of a child or parenting time rights is convicted of a crime listed
in subdivision 2 and if no action is pending regarding custody or parenting time, the sentencing
court shall refer the matter to the appropriate family court for action under this section. The
family court shall:
(1) grant temporary custody to the noncustodial parent, unless it finds that another custody
arrangement is in the best interests of the child; or
(2) suspend parenting time rights, unless it finds that parenting time with the convicted
person is in the best interests of the child.
The family court shall expedite proceedings under this section. The defendant has the burden
of proving that continued custody or parenting time with the defendant is in the best interests
of the child. If the victim of the crime was a family or household member as defined in section
518B.01, subdivision 2
, the standard of proof is clear and convincing evidence. A guardian ad
litem must be appointed in any case to which this section applies.
(b) If a person who has child custody or parenting time rights was convicted of a crime
listed in subdivision 2 before July 1, 1990, then any interested party may petition the sentencing
court for relief under paragraph (a) if:
(1) the defendant is currently incarcerated, on probation, or under supervised release for
the offense; or
(2) the victim of the crime was a family or household member as defined in section
Subd. 2. Application.
Subdivision 1 applies to the following crimes or similar crimes under
the laws of the United States or any other state:
(1) murder in the first, second, or third degree under section
(2) manslaughter in the first degree under section
(3) assault in the first, second, or third degree under section
(4) kidnapping under section
(5) depriving another of custodial or parental rights under section
(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving a
minor under section
(7) criminal sexual conduct in the first degree under section
(8) criminal sexual conduct in the second degree under section
(9) criminal sexual conduct in the third degree under section
609.344, subdivision 1
paragraph (c), (f), or (g);
(10) solicitation of a child to engage in sexual conduct under section
(11) incest under section
(12) malicious punishment of a child under section
(13) neglect of a child under section
(14) terroristic threats under section
(15) felony harassment or stalking under section
History: 1990 c 574 s 23; 1997 c 239 art 7 s 39; 1997 c 245 art 2 s 9; 1998 c 367 art 2 s
26; 2000 c 444 art 2 s 49