reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.406 — Maintenance Of Booking Recordings.

629.406 MAINTENANCE OF BOOKING RECORDINGS.
When a law enforcement agency elects to produce an electronic recording of any portion of the arrest, booking, or testing process in connection with the arrest of a person, the agency must maintain the recording for a minimum of 30 days after the date the person was booked.
History:
2005 c 136 art 11 s 17
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.41 — Judges To Issue Process For Arrest.

629.41 JUDGES TO ISSUE PROCESS FOR ARREST.
Judges, in vacation as well as in term time, may issue process to carry out law for the apprehension of persons charged with offenses.
History:
(10576) RL s 5235; 1983 c 359 s 135; 1985 c 265 art 10 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.44 — Recognizance By Offender; Cases Not Punishable By Imprisonment In Minnesota Correctional Facility-stillwater.

629.44 RECOGNIZANCE BY OFFENDER; CASES NOT PUNISHABLE BY IMPRISONMENT IN MINNESOTA CORRECTIONAL FACILITY-STILLWATER.
A person arrested with a warrant for an offense not punishable by imprisonment in the Minnesota Correctional Facility-Stillwater, may ask to enter into a recognizance. If the person asks, the peace officer making the arrest shall take the arrested person before a judge of the county in which the arrest is made, for a recognizance without trial or hearing. The judge may take from the arrested person a recognizance with sufficient sureties for that person's appearance before the court having jurisdiction of the offense in the county. After the recognizance is taken, the judge shall release the arrested person. The judge taking bail shall certify the release of the arrested person on bail upon the warrant and deliver it, with the recognizance, to the person making the arrest. The person making the arrest shall deliver it without unnecessary delay to the court administrator before which the accused was recognized to appear. On application of the complainant, the judge who issued the warrant or the county attorney shall summon any witnesses the judge or county attorney considers necessary.
History:
(10579) RL s 5238; 1961 c 561 s 14; 1979 c 102 s 13; 1983 c 359 s 136; 1985 c 265 art 10 s 1; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.45 — Proceedings In Case Of Bail Refusal.

629.45 PROCEEDINGS IN CASE OF BAIL REFUSAL.
If a judge in the county where an arrest is made refuses to release the person arrested on bail, or if sufficient bail is not offered, the officer in charge of that person shall take the person before the judge who issued the warrant. If the judge who issued the warrant is absent, the officer in charge of the arrested person shall take the person before some other judge of the county in which the warrant was issued, to be proceeded with as directed.
History:
(10580) RL s 5239; 1983 c 359 s 137; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.47 — Hearing Or Trial Adjourned; Recognizance Allowed.

629.47 HEARING OR TRIAL ADJOURNED; RECOGNIZANCE ALLOWED.
Subject to the right of the accused to a speedy trial as prescribed by the Rules of Criminal Procedure, a court may adjourn a hearing or trial from time to time, as the need arises and reconvene it at the same or a different place in the county. During the adjournment, the person being tried may be released in accordance with rule 6.02 of the Rules of Criminal Procedure.
History:
(10582) RL s 5241; 1979 c 233 s 34; 1985 c 265 art 10 s 1; 1987 c 329 s 19
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.471 — Maximum Bail On Misdemeanors; Gross Misdemeanors.

629.471 MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.
Subdivision 1.
Double fine.
Except as provided in subdivision 2 or 3, the maximum cash bail that may be required for a person charged with a misdemeanor or gross misdemeanor offense is double the highest cash fine that may be imposed for that offense.
Subd. 2.
Quadruple fine.
(a) For offenses under sections 169.09, 169A.20, 171.24, subdivision 5, and 609.525, the maximum cash bail that may be required for a person charged with a misdemeanor or gross misdemeanor violation is quadruple the highest cash fine that may be imposed for the offense.
(b) Unless the court imposes the conditions of release specified in section 169A.44, the court must impose maximum bail when releasing a person from detention who has been charged with violating section 169A.20 if the person has three or more prior impaired driving convictions within the previous ten years. As used in this subdivision, "prior impaired driving conviction" has the meaning given in section 169A.03.
Subd. 3.
Six times fine.
For offenses under sections 609.224 and 609.377, the maximum cash bail that may be required for a person charged with a misdemeanor or gross misdemeanor violation is six times the highest cash fine that may be imposed for the offense.
Subd. 3a.
Ten times fine.
For offenses under sections 518B.01, 609.2242, and 629.75, the maximum cash bail that may be required for a person charged with a misdemeanor or gross misdemeanor violation is ten times the highest cash fine that may be imposed for the offense.
Subd. 4.
Not applicable for felony DWI.
This section does not apply to persons charged with a felony violation under section 169A.20.
History:
1987 c 329 s 20; 1994 c 615 s 26; 1994 c 636 art 2 s 65; 1995 c 259 art 3 s 23; 1996 c 442 s 34; 2000 c 437 s 17; 2000 c 478 art 2 s 5; 1Sp2001 c 8 art 8 s 29; 1Sp2003 c 2 art 9 s 19; 2010 c 299 s 9,10
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.48 — Proceedings On Failure To Appear According To Bond.

629.48 PROCEEDINGS ON FAILURE TO APPEAR ACCORDING TO BOND.
If a person released under appearance bond as provided by rule 6.02 of the Rules of Criminal Procedure does not appear according to the conditions of the bond, the court shall record the default and certify the bond, with the record of the default, to the district court. The district court shall hear the default in accordance with the procedures provided in rule 6.03 of the Rules of Criminal Procedure for hearing a violation of a condition of release.
History:
(10583) RL s 5242; 1979 c 233 s 35; 1985 c 265 art 10 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.49 — When Person Fails To Recognize Apprehension Required.

629.49 WHEN PERSON FAILS TO RECOGNIZE APPREHENSION REQUIRED.
When a person fails to recognize, that person must be apprehended. The court shall order further disposition of the apprehended person consistent with the provisions of rule 6 of the Rules of Criminal Procedure.
History:
(10584) RL s 5243; 1979 c 233 s 36; 1985 c 265 art 10 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.53 — Providing Release On Bail; Commitment.

629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.
A person charged with a criminal offense may be released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedure. Money bail is the property of the accused, whether deposited by that person or by a third person on the accused's behalf. When money bail is accepted by a judge, that judge shall order it to be deposited with the court administrator. The court administrator shall retain it until the final disposition of the case and the final order of the court disposing of the case. Upon release, the amount released must be paid to the accused personally or upon that person's written order. In case of conviction, the judge may order the money bail deposit to be applied to any fine or restitution imposed on the defendant by the court and, if the fine or restitution is less than the deposit, order the balance to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt from garnishment or levy under attachment or execution.
History:
(10588) RL s 5247; 1983 c 359 s 138; 1985 c 265 art 10 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1988 c 669 s 2
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.531 — Electronic Monitoring As Condition Of Pretrial Release.

629.531 ELECTRONIC MONITORING AS CONDITION OF PRETRIAL RELEASE.
If a court orders electronic monitoring as a condition of pretrial release, it may not use the electronic monitoring as a determining factor in deciding what the appropriate level of the defendant's money bail or appearance bond should be.
History:
1992 c 571 art 6 s 23
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.54 — Witness To Recognize.

629.54 WITNESS TO RECOGNIZE.
When a person charged with a criminal offense is admitted to bail or committed by the judge, the judge shall also bind by recognizance any witnesses against the accused whom the judge considers material, to appear and testify at any trial or hearing in which the accused is scheduled to appear. If the judge is satisfied that there is good reason to believe that a witness will not perform the conditions of the witness' recognizance unless other security is given, the judge may order the witness to enter into a recognizance for the witness' appearance, with sureties as the judge considers necessary. Except in case of murder in the first degree, arson where human life is destroyed, and cruel abuse of children, the judge may not commit any witness who offers to recognize, without sureties, for the witness' appearance.
History:
(10589) RL s 5248; 1983 c 359 s 139; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.55 — Committal Of Witnesses Who Refuse To Recognize.

629.55 COMMITTAL OF WITNESSES WHO REFUSE TO RECOGNIZE.
If a witness is required to recognize, with or without sureties, and refuses to do so, the judge shall commit that witness until the witness complies with the order, or is otherwise discharged according to law. During confinement a person held as a witness must receive the compensation the court before whom the case is pending directs, not exceeding regular witness fees in criminal cases as provided in section 357.24. When a minor is a material witness, any other person may recognize for the appearance of the minor as a witness, or the judge may take recognizance of the minor as a witness in a sum of not more than $50. The recognizance is valid and binding in law notwithstanding the disability of the minor.
History:
(10590) RL s 5249; 1981 c 31 s 20; 1983 c 359 s 140; 1985 c 265 art 10 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.58 — Proceedings Required When Person Under Bond Defaults; Paying Bond To Court.

629.58 PROCEEDINGS REQUIRED WHEN PERSON UNDER BOND DEFAULTS; PAYING BOND TO COURT.
When a person in a criminal prosecution is under bond (1) to appear and answer, (2) to prosecute an appeal, or (3) to testify in court, and fails to perform the conditions of the bond, the default must be recorded. The court shall issue process against some or all of the persons bound by the bond as the prosecuting officer directs. If a person under bond fails to perform the conditions of the bond, the law enforcement authorities shall apprehend that person in the manner provided in rule 6.03 of the Rules of Criminal Procedure. After default on a bond, a surety may, with permission of the court, pay to the county treasurer or court administrator the amount for which the surety was bound as surety, with costs as the court may direct. Payment may be made either before or after process is issued. When it is made, the surety is fully discharged of any obligation under the bond.
History:
(10593) RL s 5252; 1979 c 233 s 37; 1985 c 265 art 10 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.59 — Court To Forgive Bond Forfeiture Penalty.

629.59 COURT TO FORGIVE BOND FORFEITURE PENALTY.
When an action is brought in the name of the state against a principal or surety in a recognizance entered into by a party or witness in a criminal prosecution, and the penalty is judged forfeited, the court may forgive or reduce the penalty according to the circumstances of the case and the situation of the party on any terms and conditions it considers just and reasonable.
History:
(10594) RL s 5253; 1985 c 265 art 10 s 1
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.60 — Actions To Recover Under Recognizance Even If Technical Noncompliance.

629.60 ACTIONS TO RECOVER UNDER RECOGNIZANCE EVEN IF TECHNICAL NONCOMPLIANCE.
If a recognizance shows that the court before whom it was entered into had authority to take it, and at what court the party or witness was bound to appear, an action brought to recover a penalty under the recognizance may not be barred, nor may judgment on it be stopped because either:
(1) the court failed to record the default of the principal or surety at the term of court when the default occurred; or
(2) the recognizance is defective in form.
In an action to recover a penalty under a recognizance entered into pending an appeal, the court may award part or all of the penalty amount to the person entitled to it under the recognizance if the court determines the amount is forfeited, or when by permission of the court the penalty has been paid to the county treasurer or court administrator without suit or before judgment in a manner provided by law.
History:
(10595) RL s 5254; 1983 c 359 s 141; 1985 c 265 art 10 s 1; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.61 — Arrest Of Defaulter.

629.61 ARREST OF DEFAULTER.
When a defendant has been admitted to bail after verdict or trial, and neglects to appear at the time or place at which the defendant is bound to appear and submit to the jurisdiction of the proper court, the court may have that defendant arrested as provided in rule 6.03, subdivision 1, of the Rules of Criminal Procedure. In accordance with rules 6.02 and 6.03 of the Rules of Criminal Procedure, the court may continue the release upon the same conditions or impose different or additional conditions for the defendant's possible release.
History:
(10597) RL s 5255; 1979 c 233 s 38; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.62 — Application For Bail; Justification.

629.62 APPLICATION FOR BAIL; JUSTIFICATION.
If a person charged with a criminal offense and in custody desires release on bail and if the district court is not in session in the county the person may apply to a judge of district court or a judge of the court of appeals. The person shall apply by affidavit showing the nature of the application, the names of the persons to be offered as bail, and a copy of the papers upon which the person is held in custody. The judge may order the person charged to appear at a hearing to determine bail. The court shall give notice of the application to the county attorney, if within the county. No matters may be inquired into except those matters which relate to the amount of bail and the sufficiency of the sureties. A surety shall prove either by affidavit or upon oral examination by the court that the surety's assets are sufficient to pay the bond penalty amount to the court if the person bound under the bond fails a condition of the bond.
History:
(10598) RL s 5256; 1983 c 359 s 142; 1984 c 387 s 6; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.63 — Surety Arrest Of Defendant.

629.63 SURETY ARREST OF DEFENDANT.
If a surety believes that a defendant for whom the surety is acting as bonding agent (1) is about to flee, (2) will not appear as required by the defendant's recognizance, or (3) will otherwise not perform the conditions of the recognizance, the surety may arrest or have another person or the sheriff arrest the defendant.
If the surety or another person at the surety's direction arrests the defendant, the surety or the other person shall take the defendant before the judge before whom the defendant was required to appear and surrender the defendant to that judge.
If the surety wants the sheriff to arrest the defendant, the surety shall deliver a certified copy of the recognizance under which the defendant is held to the sheriff, with a direction endorsed on the recognizance requiring the sheriff to arrest the defendant and bring the defendant before the appropriate judge.
Upon receiving a certified copy of the recognizance and payment of the sheriff's fees, the sheriff shall arrest the defendant and bring the defendant before the judge.
Before a surety who has arrested a defendant who has violated the conditions of release may personally surrender the defendant to the appropriate judge, the surety shall notify the sheriff. If the defendant at the hearing before the judge is unable to post increased bail or meet alternative conditions of release in accordance with rule 6.03 of the Rules of Criminal Procedure, the sheriff or a deputy shall take the defendant into custody.
History:
(10599) RL s 5257; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.64 — Judge May Impose New Conditions Of Release On Defendant Who Violated Release.

629.64 JUDGE MAY IMPOSE NEW CONDITIONS OF RELEASE ON DEFENDANT WHO VIOLATED RELEASE.
When a defendant who has violated conditions imposed on the defendant's release is surrendered to a judge under section 629.63, the judge shall, in accordance with rules 6.02 and 6.03 of the Rules of Criminal Procedure, continue the release upon the same conditions or impose different or additional conditions for the defendant's possible release.
History:
(10600) RL s 5258; 1979 c 233 s 39; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.65 — Sheriff Fees.

629.65 SHERIFF FEES.
In a case involving a defendant who violated the conditions of the defendant's release, the sheriff must be allowed the same fees and mileage for making an arrest or attending before a judge as for arresting a person under a bench warrant. In all cases the sheriff's fees shall be paid by the surety or sureties surrendering a defendant who has violated conditions imposed on the defendant's release under section 629.63.
History:
(10601) RL s 5259; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.67 — Sureties On Bond, Recognizance, Or Undertaking; Affidavits Required.

629.67 SURETIES ON BOND, RECOGNIZANCE, OR UNDERTAKING; AFFIDAVITS REQUIRED.
A personal surety upon any bond, recognizance, or undertaking given to secure the appearance of a defendant in a criminal case shall make an affidavit, to be attached to the bond, recognizance, or undertaking, stating:
(1) the surety's full name;
(2) the surety's residence and post office address;
(3) whether or not the affiant is surety upon any other bond, recognizance, or undertaking in any criminal case, and, if so, stating the name of the principal, the amount of each obligation, and the court in which the obligation was given; and
(4) the legal description of all real property owned by the surety and specifying as to each parcel of property its fair market value, what liens or encumbrances, if any, exist on it, and whether or not the property is the surety's homestead or is otherwise exempt from execution. The court may require the surety to disclose all or some of the surety's personal property by affidavit as required for real property.
The court may, in its discretion, by written order endorsed on the bond, recognizance, or undertaking, dispense with the affidavit disclosing the surety's real or personal property, or any part of it, if the court is satisfied that the surety is worth the amount necessary to act as surety on the bond, recognizance or undertaking to secure the defendant in a criminal case and is not a professional or habitual bonding agent in criminal cases.
History:
(10602-1) 1927 c 233 s 1; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.68 — Prohibiting Sureties To Make False Statements In Affidavits; Penalty.

629.68 PROHIBITING SURETIES TO MAKE FALSE STATEMENTS IN AFFIDAVITS; PENALTY.
A person who willfully and knowingly makes a false statement in an affidavit made under section 629.67 is guilty of perjury under section 609.48.
History:
(10602-2) 1927 c 233 s 2; 1985 c 265 art 10 s 1; 1996 c 305 art 1 s 124
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.70 — Authorized Corporate Bonds And Recognizances.

629.70 AUTHORIZED CORPORATE BONDS AND RECOGNIZANCES.
A defendant required to give a bond, recognizance, or undertaking to secure an appearance in a criminal case may choose to give a surety bond, recognizance, or undertaking executed by a corporation authorized by law to execute bonds, recognizances, or undertakings. However, the amount of the bond, recognizance, or undertaking as fixed by the court must be the same regardless of the kind of bond, recognizance, or undertaking given.
History:
(10602-4) 1931 c 386 s 1; 1985 c 265 art 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.725 — Notice To Victim Regarding Bail Hearing Of Arrested Or Detained Person.

629.725 NOTICE TO VICTIM REGARDING BAIL HEARING OF ARRESTED OR DETAINED PERSON.
(a) When a person arrested or a juvenile detained for a crime of violence or an attempted crime of violence is scheduled to be reviewed under section 629.715 for release from pretrial detention, the court shall make a reasonable and good faith effort to notify the victim of the alleged crime. If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian. The notification must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person that can be contacted for additional information; and
(4) a statement that the victim and the victim's family may attend the review.
(b) As used in this section, "crime of violence" has the meaning given it in section 624.712, subdivision 5, and also includes:
(1) sections 609.2112, 609.2113, 609.2114, and 609.3458;
(2) gross misdemeanor violations of section 609.224;
(3) nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749; and
(4) Minnesota Statutes 2012, section 609.21.
History:
1995 c 226 art 7 s 23; 1995 c 244 s 40; 1997 c 239 art 7 s 38; 2014 c 180 s 9; 2015 c 21 art 1 s 106; 1Sp2021 c 11 art 4 s 31
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.73 — Notice To Crime Victim; Release Of Arrested Or Detained Person.

629.73 NOTICE TO CRIME VICTIM; RELEASE OF ARRESTED OR DETAINED PERSON.
Subdivision 1.
Oral notice.
When a person arrested or a juvenile detained for a crime of violence or an attempted crime of violence is about to be released from pretrial detention, the agency having custody of the arrested or detained person or its designee shall make a reasonable and good faith effort before release to inform orally the victim or, if the victim is incapacitated, the same or next of kin, or if the victim is a minor, the victim's parent or guardian of the following matters:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested or detained person and, where applicable, the victim's right to be present at the court appearance; and
(4) the location and telephone number of at least one area crime victim service provider as designated by the Office of Justice Programs in the Department of Public Safety.
Subd. 2.
Written notice.
As soon as practicable after the arrested or detained person is released, the agency having custody of the arrested or detained person or its designee must personally deliver or mail to the alleged victim written notice of the information contained in subdivision 1, clauses (2) and (3).
Subd. 3.
Data.
Data on the victim and the notice provided by the custodial authority are private data on individuals as defined in section 13.02, subdivision 12, and are accessible only to the victim.
History:
1989 c 190 s 5; 1990 c 579 s 13; 1994 c 636 art 4 s 35; 2013 c 34 s 10
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.735 — Notice To Local Law Enforcement Agency; Release Of Arrested Or Detained Person.

629.735 NOTICE TO LOCAL LAW ENFORCEMENT AGENCY; RELEASE OF ARRESTED OR DETAINED PERSON.
When a person arrested or a juvenile detained for a crime of violence or an attempted crime of violence is about to be released from pretrial detention, the agency having custody of the arrested or detained person or its designee shall make a reasonable and good faith effort before release to inform any local law enforcement agencies known to be involved in the case, if different from the agency having custody, of the following matters:
(1) the conditions of release, if any;
(2) the time of release; and
(3) the time, date, and place of the next scheduled court appearance of the arrested or detained person.
History:
1995 c 226 art 7 s 24; 1995 c 244 s 41
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 629 — Extradition, Detainers, Arrest, Bail › Section 629.74 — Pretrial Bail Evaluation.

629.74 PRETRIAL BAIL EVALUATION.
The local corrections department or its designee shall conduct a pretrial bail evaluation of each defendant arrested and detained for committing a crime of violence as defined in section 624.712, subdivision 5, a violation of section 609.3458, a gross misdemeanor violation of section 609.224 or 609.2242, or a nonfelony violation of section 518B.01, 609.2231, 609.3451, 609.748, or 609.749. In cases where the defendant requests appointed counsel, the evaluation shall include completion of the financial statement required by section 611.17. The local corrections department shall be reimbursed $25 by the Department of Corrections for each evaluation performed. The Judicial Council, in consultation with the Department of Corrections, shall approve the pretrial evaluation form to be used in each county.
History:
1994 c 636 art 8 s 15; 1995 c 259 art 3 s 24; 2006 c 260 art 5 s 51; 1Sp2021 c 11 art 4 s 31
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.12 — Defendant; True Name.

630.12 DEFENDANT; TRUE NAME.
When the defendant shall be arraigned, the defendant shall be informed that, if the name appearing on the indictment is not correct, the defendant shall then declare the true name, or be proceeded against by the name in the indictment. If the defendant shall give no other name, the court may proceed accordingly; if the defendant shall allege that another name is the true name, the court shall direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings may be had against the defendant by that name, referring also to the name by which the defendant was indicted.
History:
(10680) RL s 5333; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.17 — Fine, How Collected.

630.17 FINE, HOW COLLECTED.
If the corporation is found guilty and a fine imposed, it shall be entered and docketed by the court administrator or district judge as a judgment against the corporation. It shall be enforced against the corporation in the same manner as if the judgment had been recovered against it in a civil action.
History:
(10684) RL s 5337; 1983 c 359 s 143; 1Sp1986 c 3 art 1 s 82; 1998 c 254 art 2 s 72
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.18 — Grounds For Dismissal; Waiver.

630.18 GROUNDS FOR DISMISSAL; WAIVER.
In addition to the grounds for dismissal of an indictment specified in rules 17.06, subdivision 2, and 18.09, subdivision 2, of the Rules of Criminal Procedure and subject to the provisions of rules 17.06, subdivision 1, and 31.01, of the Rules of Criminal Procedure, the indictment shall be dismissed by the court in which the defendant is arraigned, upon the defendant's motion, in any of the following cases:
(1) when the indictment is not found, endorsed or presented as prescribed in sections 628.41 to 628.66 relating to grand juries;
(2) when the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or endorsed thereon;
(3) when a person was permitted to be present at the session of the grand jury while the charge embraced in the indictment was under consideration, except as provided by section 628.63 and rule 18.03 of the Rules of Criminal Procedure;
(4) when the grand jury by which the indictment was found had no legal authority to inquire into the offense charged, by reason of the offense charged not being within the local jurisdiction of the county;
(5) when the indictment does not substantially conform to the requirements of sections 628.10 to 628.13, as qualified by section 628.18, or was not found within the time prescribed therein;
(6) when more than one offense is charged in the indictment, except in cases where it is allowed by statute;
(7) when the facts stated do not constitute a public offense; or
(8) when the indictment contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.
If the motion to dismiss the indictment is not made, the defendant shall be precluded from afterwards making any of the foregoing objections except that the objection to lack of jurisdiction specified in clause (4) and the objection of failure of the indictment to include facts stating a public offense specified in clause (7) shall be noticed by the court at any time during the pendency of a proceeding. Failure to include any objections constitutes a waiver thereof, but the court for good cause shown may, in accordance with rule 10.01, subdivision 2, of the Rules of Criminal Procedure, grant relief from the waiver.
History:
(10685) RL s 5338; 1971 c 24 s 57; 1979 c 233 s 40; 1986 c 444; 2011 c 76 art 3 s 6
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.31 — Plea Of Not Guilty; Evidence.

630.31 PLEA OF NOT GUILTY; EVIDENCE.
The plea of not guilty is a denial of every material allegation in the indictment, and all matters of fact tending to establish a defense, other than a former conviction or acquittal, may be given in evidence under such plea.
History:
(10697) RL s 5350
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.32 — Acquittal; Same Offense.

630.32 ACQUITTAL; SAME OFFENSE.
If the defendant was formerly acquitted on the ground of a variance between the indictment and the proof, or the indictment was dismissed, upon an objection to its form or substance, without a judgment of acquittal, it is not an acquittal of the same offense. If the defendant was acquitted on the merits, the defendant shall be deemed acquitted of the same offense, notwithstanding a defect in the form or substance of the indictment on which the defendant was acquitted.
History:
(10698) RL s 5351; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.33 — Indictment For Offense Of Different Degrees.

630.33 INDICTMENT FOR OFFENSE OF DIFFERENT DEGREES.
If the defendant shall have been convicted or acquitted upon an indictment for an offense consisting of different degrees, such conviction or acquittal shall be a bar to another indictment for the offense charged in the former, or for any inferior degree of that offense, or for an attempt to commit the same, or for an offense necessarily included therein of which the defendant might have been convicted under that indictment.
History:
(10699) RL s 5352; 1986 c 444
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.35 — Calendar; Contents.

630.35 CALENDAR; CONTENTS.
The court administrator shall prepare a calendar of the indictments pending to be tried at the term, enumerating them according to the date of filing the indictment, and specifying, opposite to the title of each action, whether it is a felony or a misdemeanor, and whether the defendant is in custody or on bail; and shall in like manner enter therein all indictments found during the term, and on which issues of fact or law are joined.
History:
(10726) RL s 5379; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.36 — Issues, How Disposed Of.

630.36 ISSUES, HOW DISPOSED OF.
Subdivision 1.
Order.
The issues on the calendar shall be disposed of in the following order, unless, upon the application of either party, for good cause, the court directs an indictment or complaint to be tried out of its order:
(1) indictments or complaints for felony, where the defendant is in custody;
(2) indictments or complaints for misdemeanor, where the defendant is in custody;
(3) indictments or complaints alleging child abuse, as defined in subdivision 2, where the defendant is on bail;
(4) indictments or complaints alleging domestic abuse, as defined in subdivision 3, where the defendant is on bail;
(5) indictments or complaints for felony, where the defendant is on bail; and
(6) indictments or complaints for misdemeanor, where the defendant is on bail.
After a plea, the defendant shall be entitled to at least four days to prepare for trial, if the defendant requires it.
Subd. 2.
Child abuse defined.
As used in subdivision 1, "child abuse" means an act which involves a minor victim and which constitutes a violation of section 609.221, 609.222, 609.223, 609.2231, 609.2242, 609.255, 609.321, 609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, or 609.224 if the minor victim is a family or household member of the defendant.
Subd. 3.
Domestic abuse defined.
As used in subdivision 1, "domestic abuse" has the meaning given in section 518B.01, subdivision 2.
History:
(10727) RL s 5380; 1985 c 286 s 22; 1986 c 444; 1992 c 571 art 6 s 25,26; 1995 c 259 art 3 s 25; 1998 c 367 art 2 s 32; 2000 c 437 s 18
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 630 — Pretrial Procedure › Section 630.37 — Register.

630.37 REGISTER.
The court administrator shall keep a register of all criminal actions, in which the court administrator shall enter:
(1) all indictments found in the court, or sent or removed to it for trial, with the time of finding the indictment, or when it was sent or removed; and
(2) the time of arraignment, of the demurrer or plea, and of the trial, conviction, or acquittal of the defendant, together with a brief note of all the other proceedings in the action.
History:
(10728) RL s 5381; 1983 c 359 s 144; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.02 — Continuances For Sufficient Cause.

631.02 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
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.021 — Criminal Trials; Timing Objectives For Case Disposition.

631.021 CRIMINAL TRIALS; TIMING OBJECTIVES FOR CASE DISPOSITION.
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
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.035 — Joinder Of Defendants.

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
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.04 — Excluding Minors From Attendance At Criminal Trials; Duty Of Officer; Penalty.

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
NOTE:
This section was found unconstitutional in
State v. Lindsey
, 632 N.W.2d 652 (Minn. 2001).
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.045 — Excluding Spectators From Courtroom.

631.045 EXCLUDING SPECTATORS FROM COURTROOM.
At the trial of a complaint or indictment for a violation of sections 609.341 to 609.3451; 609.3453; 609.3458; 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; 1Sp2021 c 11 art 4 s 31
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.046 — Authorizing Presence Of Support Person For Minor Prosecuting Witness.

631.046 AUTHORIZING PRESENCE OF SUPPORT PERSON FOR MINOR PROSECUTING WITNESS.
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 609.224 or 609.2242, 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 609.342, 609.343, 609.344, and 609.345, or sexual extortion in section 609.3458 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; 1Sp2021 c 11 art 4 s 31
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.05 — Requiring Juror To Testify When Juror Has Personal Knowledge Respecting Fact In Controversy; View.

631.05 REQUIRING JUROR TO TESTIFY WHEN 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 11, 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; 2011 c 76 art 3 s 7
2023 Minnesota Statutes › Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications › Chapter 631 — Criminal Trial; Conviction; Sentence › Section 631.06 — Questions Of Law And Fact; Decision Making; Court And Jury.

631.06 QUESTIONS OF LAW AND FACT; DECISION MAKING; 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