Detention and Release Statutes
M.S.A.
244.195-199

Description: Restorative justice as a probation violation sanction. M.S.A. § 244.195 Minnesota Statutes Annotated Currentness Corrections (Ch. 241-244 App.) Chapter 244. Criminal Sentences, Conditions, Duration, Appeals Detention and Release 244.195. Detention and release; probationers, conditional releasees, and pretrial releasees Subdivision 1. Definitions. (a) As used in this subdivision, the following terms have the meanings given them. (b) “Commissioner” means the commissioner of corrections. (c) “Conditional release” means parole, supervised release, conditional release as authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and any other authorized temporary release from a correctional facility. (d) “Court services director” means the director or designee of a county probation agency that is not organized under chapter 401. (e) “Detain” means to take into actual custody, including custody within a local correctional facility. (f) “Local correctional facility” has the meaning given in section 241.021, subdivision 1. (g) “Release” means to release from actual custody. Subd. 2. Detention pending hearing. When it appears necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, a court services director has the authority to issue a written order directing any peace officer in the county or any county probation officer serving the district and juvenile courts of the county to detain and bring the person before the court or the commissioner, whichever is appropriate, for disposition. This written order is sufficient authority for the peace officer or probation officer to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the commissioner. Subd. 3. Release before hearing. A court services director has the authority to issue a written order directing a county probation officer serving the district and juvenile courts of the county to release a person detained under subdivision 2 within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before the court or the commissioner. This written order is sufficient authority for the county probation officer to release the detained person. Subd. 4. Detention of pretrial releasee. A court services director has the authority to issue a written order directing any peace officer in the county or any probation officer serving the district and juvenile courts of the county to detain any person on court- ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release. A written order issued under this subdivision is sufficient authority for the peace officer or probation officer to detain the person. Subd. 5. Detention by state correctional investigator, or by peace officer or probation officer from other county. (a) A court services director has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain a person under sentence or on probation who: (1) fails to report to serve a sentence at a local correctional facility; (2) fails to return from furlough or authorized temporary release from a local correctional facility; (3) escapes from a local correctional facility; or (4) absconds from court-ordered home detention. (b) A court services director has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release. (c) A written order issued under paragraph (a) or (b) is sufficient authority for the state correctional investigator, peace officer, probation officer, or county probation officer to detain the person. CREDIT(S) Laws 1998, c. 367, art. 7, § 3. Amended by Laws 2007, c. 13, art. 3, § 37, eff. Aug. 1, 2007. HISTORICAL AND STATUTORY NOTES 2009 Electronic Update 2006 Legislation Laws 2006, c. 260, art. 1, § 47, directed the revisor of statutes to replace statutory references to section 609.108, with references to section 609.3455, subd. 3a, wherever they appear in Minnesota Statutes. 2007 Legislation Laws 2007, c. 13, was a correction bill correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; and making miscellaneous technical corrections to statutes and other laws. 2003 Main Volume Laws 1998, c. 367, art. 7, § 16, provides: “Sections 1 to 3 and 7 to 15 are effective August 1, 1998, and apply to acts occurring on or after that date.” LIBRARY REFERENCES Prisons 14, 15(6). Westlaw Topic No. 310. C.J.S. Prisons and Rights of Prisoners §§ 154 to 155. RESEARCH REFERENCES 2009 Electronic Update Treatises and Practice Aids 8 Minnesota Practice Series § 15.10, Violation of Conditions of Release. 9 Minnesota Practice Series § 42.9, Detention. 9 Minnesota Practice Series § 36.14, Furloughs. 12 Minnesota Practice Series R 15, Delinquency Disposition. M. S. A. § 244.195, MN ST § 244.195 Current with laws of the 2009 Regular Session, Chapters 1 through 58 (C) 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT M.S.A. § 244.196 Minnesota Statutes Annotated Currentness Corrections (Ch. 241-244 App.) Chapter 244. Criminal Sentences, Conditions, Duration, Appeals Probation 244.196. Definitions Subdivision 1. Definitions. As used in sections 244.196 to 244.199, the following terms have the meanings given them. Subd. 2. Probation. “Probation” has the meaning given in section 609.02, subdivision 15. Subd. 3. Probation violation sanction. “Probation violation sanction” includes, but is not limited to, electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, chemical dependency or mental health treatment or counseling, community work service, remote electronic alcohol monitoring, random drug testing, and participation in an educational or restorative justice program. A probation violation sanction does not include any type of custodial sanction, including, but not limited to, detention and incarceration. Subd. 4. Sanctions conference. “Sanctions conference” means a voluntary conference at which the county probation officer, offender, and, if appropriate, other interested parties meet to discuss the probation violation sanction for the offender's technical violation of probation. Subd. 5. Sanctions conference form. “Sanctions conference form” means a form developed by the chief executive officer of a local corrections agency with the approval of the district court that explains the sanctions conference and the offender's option to elect to participate in the sanctions conference or to proceed to a judicial hearing. Subd. 6. Technical violation. “Technical violation” means any violation of a court order of probation, except an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or petition. CREDIT(S) Laws 2003, 1st Sp., c. 2, art. 6, § 1. HISTORICAL AND STATUTORY NOTES 2009 Electronic Update 2003 Legislation Laws 2003, 1st Sp., c. 2, art. 6, § 8, provided in part that § 1 (enacting this section) was effective August 1, 2003, and applied to technical violations of probation that occurred on or after that date. M. S. A. § 244.196, MN ST § 244.196 Current with laws of the 2009 Regular Session, Chapters 1 through 58 (C) 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT M.S.A. § 244.197 Minnesota Statutes Annotated Currentness Corrections (Ch. 241-244 App.) Chapter 244. Criminal Sentences, Conditions, Duration, Appeals Probation 244.197. Initiation of sanctions conference Subdivision 1. Authority. Unless the district court directs otherwise, a probation agency may use a sanctions conference to address an offender's technical violation of probation. Subd. 2. Notice of violation. When a probation agency has reason to believe that an offender has committed a technical violation of probation, the agency shall notify the offender in writing of the specific nature of the technical violation and the scheduling of a sanctions conference, including the date, time, and location of the sanctions conference. The notice shall also state that if the offender fails to appear at the sanctions conference, the probation agency may apprehend and detain the offender under section 244.195 and ask the court to commence revocation proceedings under section 609.14 and rule 27.04 of the Rules of Criminal Procedure. To the extent feasible, the sanctions conference must take place within seven days of mailing of the notice to the offender. Subd. 3. Sanctions conference. At the sanctions conference, the county probation officer shall provide the offender with a copy of a sanctions conference form explaining the sanctions conference and the offender's options for proceeding. The offender must stipulate, in writing, that the offender has received a copy of the sanctions conference form and that the offender understands the information contained in the form and the options available to the offender. The offender also must declare, in writing, the offender's decision to either participate in the sanctions conference or proceed with a judicial hearing. CREDIT(S) Laws 2003, 1st Sp., c. 2, art. 6, § 2. HISTORICAL AND STATUTORY NOTES 2009 Electronic Update 2003 Legislation Laws 2003, 1st Sp., c. 2, art. 6, § 8, provided in part that § 2 (enacting this section) was effective August 1, 2003, and applied to technical violations of probation that occurred on or after that date. M. S. A. § 244.197, MN ST § 244.197 Current with laws of the 2009 Regular Session, Chapters 1 through 58 (C) 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT M.S.A. § 244.198 Minnesota Statutes Annotated Currentness Corrections (Ch. 241-244 App.) Chapter 244. Criminal Sentences, Conditions, Duration, Appeals Probation 244.198. Participation in sanctions conference Subdivision 1. Election to participate. If the offender elects to participate in the sanctions conference, the county probation officer shall inform the offender, orally and in writing, of the probation violation sanction that the county probation officer is recommending for the technical violation of probation. The county probation officer shall inform the offender that the probation violation sanction becomes effective upon confirmation by a judge of the district court. Subd. 2. Report to district court. If the offender elects to participate in the sanctions conference, the county probation officer conducting the sanctions conference shall provide a report to the district court containing: (1) the specific nature of the technical violation of probation; (2) the notice provided to the offender of the technical violation of probation and the scheduling of the sanctions conference; (3) a copy of the offender's signed stipulation indicating that the offender received a copy of the sanctions conference form and understood it; (4) a copy of the offender's written declaration to participate in the sanctions conference; and (5) the recommended probation violation sanction. The recommended probation violation sanction becomes effective when confirmed by a judge. The order of the court shall be proof of such confirmation. Subd. 3. Response to district court action. (a) Upon the county probation officer's receipt of a confirmed order by the judge, the county probation officer shall notify the offender and the prosecuting authority in writing that the probation violation sanction has been approved by the court. (b) If the court does not confirm the recommendation of the county probation officer, the probation violation sanction shall not go into effect. The county probation officer shall notify the offender that the court has not confirmed the sanction. (c) If the court does not confirm the recommendation, the county probation officer may ask the court to commence revocation proceedings under section 609.14. Subd. 4. Appeal. An offender may appeal the judge's confirmation of the probation violation sanction as provided in rule 28.05 of the Rules of Criminal Procedure. CREDIT(S) Laws 2003, 1st Sp., c. 2, art. 6, § 3. HISTORICAL AND STATUTORY NOTES 2009 Electronic Update 2003 Legislation Laws 2003, 1st Sp., c. 2, art. 6, § 8, provided in part that § 3 (enacting this section) was effective August 1, 2003, and applied to technical violations of probation that occurred on or after that date. M. S. A. § 244.198, MN ST § 244.198 Current with laws of the 2009 Regular Session, Chapters 1 through 58 (C) 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT M.S.A. § 244.199 Minnesota Statutes Annotated Currentness Corrections (Ch. 241-244 App.) Chapter 244. Criminal Sentences, Conditions, Duration, Appeals Probation 244.199. Election not to participate If the offender elects not to participate in the sanctions conference, the county probation officer may ask the court to initiate revocation proceedings or refer the matter to the appropriate prosecuting authority for action under section 609.14. The county probation officer also may take action to apprehend and detain the offender under section 244.195. CREDIT(S) Laws 2003, 1st Sp., c. 2, art. 6, § 4. HISTORICAL AND STATUTORY NOTES 2009 Electronic Update 2003 Legislation Laws 2003, 1st Sp., c. 2, art. 6, § 8, provided in part that § 4 (enacting this section) was effective August 1, 2003, and applied to technical violations of probation that occurred on or after that date. M. S. A. § 244.199, MN ST § 244.199 Current with laws of the 2009 Regular Session, Chapters 1 through 58 (C) 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT

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