Bill Text: MN SF2012 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Domestic violence offenders GPS monitoring pilot projects authorization extension
Sponsorship: Partisan Bill (Democrat 5)
Status: (Introduced - Dead) 2014-03-06 - Author added Marty [SF2012 Detail]
Download: Minnesota-2013-SF2012-Introduced.html
1.2relating to public safety; extending authorization for pilot projects using GPS
1.3to monitor domestic violence offenders;amending Minnesota Statutes 2012,
1.4sections 609.135, subdivision 5a; 629.72, by adding a subdivision; repealing
1.5Minnesota Statutes 2012, section 629.72, subdivision 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:
1.8 Subd. 5a. Domestic abuse victims; electronic monitoring. (a)Until the
1.9commissioner of corrections has adopted standards governing electronic monitoring
1.10devices used to protect victims of domestic abuse Except as provided in paragraph (c), the
1.11court, as a condition of a stay of imposition or execution of a sentence, may not order an
1.12offender convicted of a crime described in paragraph (b) to use an electronic monitoring
1.13device to protect a victim's safety.
1.14(b) This subdivision applies to the following crimes, if committed by the defendant
1.15against a family or household member as defined in section518B.01, subdivision 2 :
1.16(1) violations of orders for protection issued under chapter 518B;
1.17(2) assault in the first, second, third, or fifth degree under section609.221 ,
609.222 ,
1.18609.223
, or
609.224 ; or domestic assault under section
609.2242 ;
1.19(3) criminal damage to property under section609.595 ;
1.20(4) disorderly conduct under section609.72 ;
1.21(5) harassing telephone calls under section609.79 ;
1.22(6) burglary under section609.582 ;
1.23(7) trespass under section609.605 ;
1.24(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
1.25section609.342 ,
609.343 ,
609.344 ,
609.345 , or
609.3451 ; and
2.1(9) terroristic threats under section609.713 .
2.2(c) Notwithstanding paragraph (a),the judges in the Tenth Judicial District a
2.3judge in a judicial district conducting a pilot project under section 629.72, subdivision
2.42b, may order, as a condition of a stay of imposition or execution of a sentence, a
2.5defendant convicted of a crime described in paragraph (b), to use an electronic monitoring
2.6device to protect the victim's safety.The judges shall make data on the use of electronic
2.7monitoring devices to protect a victim's safety in the Tenth Judicial District available to
2.8the commissioner of corrections to evaluate and to aid in development of standards for
2.9the use of devices to protect victims of domestic abuse.
2.10EFFECTIVE DATE.This section is effective the day following final enactment.
2.11 Sec. 2. Minnesota Statutes 2012, section 629.72, is amended by adding a subdivision
2.12to read:
2.13 Subd. 2b. Electronic monitoring; condition of pretrial release. (a) In a judicial
2.14district conducting a pilot project under paragraph (b), a judge, as a condition of release,
2.15may order a person arrested for a crime described in section609.135, subdivision 5a ,
2.16paragraph (b), to use an electronic monitoring device to protect a victim's safety.
2.17(b) The chief judge of a judicial district may appoint and convene an advisory group
2.18comprised of representatives from law enforcement, prosecutors, defense attorneys,
2.19corrections, court administrators, judges, and battered women's organizations to develop
2.20standards for the use of electronic monitoring and global positioning system devices
2.21to protect victims of domestic abuse and for evaluating the effectiveness of electronic
2.22monitoring. After the advisory group does this, the chief judge, in consultation with
2.23the advisory group, may conduct a pilot project for implementation of the electronic
2.24monitoring standards. A judicial district that conducts a pilot project shall report on the
2.25standards and the pilot project to the chairs and ranking minority members of the senate
2.26and house of representatives committees having jurisdiction over criminal justice policy
2.27and the state court administrator's office.
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
2.29 Sec. 3. REPEALER.
2.30Minnesota Statutes 2012, section 629.72, subdivision 2a, is repealed.
2.31EFFECTIVE DATE.This section is effective the day following final enactment.
1.3to monitor domestic violence offenders;amending Minnesota Statutes 2012,
1.4sections 609.135, subdivision 5a; 629.72, by adding a subdivision; repealing
1.5Minnesota Statutes 2012, section 629.72, subdivision 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:
1.8 Subd. 5a. Domestic abuse victims; electronic monitoring. (a)
1.9
1.10
1.11court, as a condition of a stay of imposition or execution of a sentence, may not order an
1.12offender convicted of a crime described in paragraph (b) to use an electronic monitoring
1.13device to protect a victim's safety.
1.14(b) This subdivision applies to the following crimes, if committed by the defendant
1.15against a family or household member as defined in section
1.16(1) violations of orders for protection issued under chapter 518B;
1.17(2) assault in the first, second, third, or fifth degree under section
1.19(3) criminal damage to property under section
1.20(4) disorderly conduct under section
1.21(5) harassing telephone calls under section
1.22(6) burglary under section
1.23(7) trespass under section
1.24(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under
1.25section
2.1(9) terroristic threats under section
2.2(c) Notwithstanding paragraph (a),
2.3judge in a judicial district conducting a pilot project under section 629.72, subdivision
2.42b, may order, as a condition of a stay of imposition or execution of a sentence, a
2.5defendant convicted of a crime described in paragraph (b), to use an electronic monitoring
2.6device to protect the victim's safety.
2.7
2.8
2.9
2.10EFFECTIVE DATE.This section is effective the day following final enactment.
2.11 Sec. 2. Minnesota Statutes 2012, section 629.72, is amended by adding a subdivision
2.12to read:
2.13 Subd. 2b. Electronic monitoring; condition of pretrial release. (a) In a judicial
2.14district conducting a pilot project under paragraph (b), a judge, as a condition of release,
2.15may order a person arrested for a crime described in section
2.16paragraph (b), to use an electronic monitoring device to protect a victim's safety.
2.17(b) The chief judge of a judicial district may appoint and convene an advisory group
2.18comprised of representatives from law enforcement, prosecutors, defense attorneys,
2.19corrections, court administrators, judges, and battered women's organizations to develop
2.20standards for the use of electronic monitoring and global positioning system devices
2.21to protect victims of domestic abuse and for evaluating the effectiveness of electronic
2.22monitoring. After the advisory group does this, the chief judge, in consultation with
2.23the advisory group, may conduct a pilot project for implementation of the electronic
2.24monitoring standards. A judicial district that conducts a pilot project shall report on the
2.25standards and the pilot project to the chairs and ranking minority members of the senate
2.26and house of representatives committees having jurisdiction over criminal justice policy
2.27and the state court administrator's office.
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
2.29 Sec. 3. REPEALER.
2.30Minnesota Statutes 2012, section 629.72, subdivision 2a, is repealed.
2.31EFFECTIVE DATE.This section is effective the day following final enactment.
