Subdivision 1. Judicial review; release. (a) When a person is arrested for a crime against the person, the judge before whom the arrested person is taken shall review the facts surrounding the arrest and detention. If the person was arrested or detained for committing a crime of violence, as defined in section 629.725, the prosecutor or other appropriate person shall present relevant information involving the victim or the victim's family's account of the alleged crime to the judge to be considered in determining the arrested person's release. The arrested person must be ordered released pending trial or hearing on the person's personal recognizance or on an order to appear or upon the execution of an unsecured bond in a specified amount unless the judge determines that release (1) will be inimical to public safety, (2) will create a threat of bodily harm to the arrested person, the victim of the alleged crime, or another, or (3) will not reasonably assure the appearance of the arrested person at subsequent proceedings.
(b) If the judge determines release under paragraph (a) is not advisable, the judge may impose any conditions of release that will reasonably assure the appearance of the person for subsequent proceedings, or will protect the victim of the alleged crime, or may fix the amount of money bail without other conditions upon which the arrested person may obtain release.
Subd. 2. Surrender of firearms. The judge may order as a condition of release that the person surrender to the local law enforcement agency all firearms, destructive devices, or dangerous weapons owned or possessed by the person, and may not live in a residence where others possess firearms. Any firearm, destructive device, or dangerous weapon surrendered under this subdivision shall be inventoried and retained, with due care to preserve its quality and function, by the local law enforcement agency, and must be returned to the person upon the person's acquittal, when charges are dismissed, or if no charges are filed. If the person is convicted, the firearm must be returned when the court orders the return or when the person is discharged from probation and restored to civil rights. If the person is convicted of a designated offense as defined in section 609.531, the firearm is subject to forfeiture as provided under that section. This condition may be imposed in addition to any other condition authorized by rule 6.02 of the Rules of Criminal Procedure.
Subd. 3. Written order. If conditions of release are imposed, the judge shall issue a written order for conditional release. The court administrator shall immediately distribute a copy of the order for conditional release to the agency having custody of the arrested person and shall provide the agency having custody of the arrested person with any available information on the location of the victim in a manner that protects the victim's safety. Either the court or its designee or the agency having custody of the arrested person shall serve upon the defendant a copy of the order. Failure to serve the arrested person with a copy of the order for conditional release does not invalidate the conditions of release.
Subd. 4. No contact order. If the judge imposes as a condition of release a requirement that the person have no contact with the victim of the alleged crime, the judge may also, on its own motion or that of the prosecutor or on request of the victim, issue an ex parte temporary restraining order under section 609.748, subdivision 4, or an ex parte temporary order for protection under section 518B.01, subdivision 7. Notwithstanding section 518B.01, subdivision 7, paragraph (b), or 609.748, subdivision 4, paragraph (c), the temporary order is effective until the defendant is convicted or acquitted, or the charge is dismissed, provided that upon request the defendant is entitled to a full hearing on the restraining order under section 609.748, subdivision 5, or on the order for protection under section 518B.01. The hearing must be held within seven days of the defendant's request.
1994 c 636 art 3 s 43; 1995 c 226 art 7 s 19; 1995 c 244 s 39
Structure Minnesota Statutes
Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications
Chapter 629 — Extradition, Detainers, Arrest, Bail
Section 629.02 — Duties Of Governor In Extradition Matters.
Section 629.03 — Demand In Writing.
Section 629.04 — Attorney General To Investigate.
Section 629.05 — Extradition By Agreement.
Section 629.06 — Extradition Of Persons Committing Crime.
Section 629.07 — Warrant Of Arrest.
Section 629.08 — Accused Turned Over To Demanding State.
Section 629.09 — Powers Of Officer.
Section 629.10 — Accused Taken Before Court.
Section 629.11 — Violation; Gross Misdemeanor.
Section 629.12 — Accused May Be Confined In Jail.
Section 629.13 — Who May Be Apprehended.
Section 629.14 — Arrest Without Warrant.
Section 629.15 — Court May Commit To Jail.
Section 629.16 — Admit To Bail.
Section 629.18 — Bond Forfeited.
Section 629.19 — Prisoner Held Or Surrendered.
Section 629.20 — Guilt Or Innocence Not Inquired Into.
Section 629.21 — Recall Of Warrant.
Section 629.22 — Warrant For Parolees Or Probationers.
Section 629.23 — Prosecuting Attorney; Written Application.
Section 629.24 — Civil Process Not To Be Served.
Section 629.25 — Trial For Other Crimes.
Section 629.27 — Governor May Appoint Agent.
Section 629.28 — Powers Of Officers.
Section 629.29 — Citation, Uniform Criminal Extradition Act.
Section 629.291 — Transfer Of State Inmates To Federal District Court.
Section 629.292 — Uniform Mandatory Disposition Of Detainers Act.
Section 629.294 — Interstate Agreement On Detainers.
Section 629.30 — Arrests; By Whom Made; Aiding Officer.
Section 629.31 — Time When Arrest May Be Made.
Section 629.32 — Minimum Restraint Allowed For Arrest; Warrant Shown Upon Request.
Section 629.33 — When Force May Be Used To Make Arrest.
Section 629.34 — When Arrest May Be Made Without Warrant.
Section 629.341 — Allowing Probable Cause Arrests For Domestic Violence; Immunity From Liability.
Section 629.342 — Law Enforcement Policies; Domestic Abuse Arrests.
Section 629.343 — Probable Cause Arrests; Offenses On School Property.
Section 629.35 — Arrest At Night; When Permissible.
Section 629.355 — Peace Officer Authority To Detain Person On Conditional Release.
Section 629.36 — Permitting Bystander To Deliver Arrested Person To Peace Officer.
Section 629.361 — Peace Officers Responsible For Custody Of Stolen Property.
Section 629.362 — Recaptured Escaped Inmate; Term Of Imprisonment.
Section 629.363 — Railway Conductor; Authority To Arrest.
Section 629.364 — Arrests For Swindling.
Section 629.365 — Definitions.
Section 629.366 — Theft In Business Establishments; Detaining Suspects.
Section 629.37 — When Private Person May Make Arrest.
Section 629.38 — Private Person To Disclose Cause Of Arrest.
Section 629.39 — Private Person Making Arrest To Deliver Arrestee To Judge Or Peace Officer.
Section 629.40 — Allowing Arrests Anywhere In State.
Section 629.401 — Delaying To Take Prisoner Before Judge.
Section 629.402 — Arrest Without Authority.
Section 629.403 — Refusal To Aid In Making Arrest.
Section 629.404 — Counties Or Municipalities Causing Arrest; Requiring Return Transportation.
Section 629.406 — Maintenance Of Booking Recordings.
Section 629.41 — Judges To Issue Process For Arrest.
Section 629.415 — Proceedings On Summons To Appear.
Section 629.45 — Proceedings In Case Of Bail Refusal.
Section 629.47 — Hearing Or Trial Adjourned; Recognizance Allowed.
Section 629.471 — Maximum Bail On Misdemeanors; Gross Misdemeanors.
Section 629.48 — Proceedings On Failure To Appear According To Bond.
Section 629.49 — When Person Fails To Recognize Apprehension Required.
Section 629.53 — Providing Release On Bail; Commitment.
Section 629.531 — Electronic Monitoring As Condition Of Pretrial Release.
Section 629.54 — Witness To Recognize.
Section 629.55 — Committal Of Witnesses Who Refuse To Recognize.
Section 629.58 — Proceedings Required When Person Under Bond Defaults; Paying Bond To Court.
Section 629.59 — Court To Forgive Bond Forfeiture Penalty.
Section 629.60 — Actions To Recover Under Recognizance Even If Technical Noncompliance.
Section 629.61 — Arrest Of Defaulter.
Section 629.62 — Application For Bail; Justification.
Section 629.63 — Surety Arrest Of Defendant.
Section 629.64 — Judge May Impose New Conditions Of Release On Defendant Who Violated Release.
Section 629.65 — Sheriff Fees.
Section 629.67 — Sureties On Bond, Recognizance, Or Undertaking; Affidavits Required.
Section 629.68 — Prohibiting Sureties To Make False Statements In Affidavits; Penalty.
Section 629.70 — Authorized Corporate Bonds And Recognizances.
Section 629.715 — Release In Cases Involving Crimes Against Persons; Surrender Of Firearms.
Section 629.725 — Notice To Victim Regarding Bail Hearing Of Arrested Or Detained Person.
Section 629.73 — Notice To Crime Victim; Release Of Arrested Or Detained Person.
Section 629.735 — Notice To Local Law Enforcement Agency; Release Of Arrested Or Detained Person.