Chapter 609. Criminal Code.
Section 135. Stay of imposition or execution of sentence.
Subdivision 5a. Domestic abuse victims; electronic monitoring.
(a) Until the commissioner of corrections has adopted standards governing electronic monitoring devices used to protect victims of domestic abuse, the court, as a condition of a stay of imposition or execution of a sentence, may not order an offender convicted of a crime described in paragraph (b) to use an electronic monitoring device to protect a victim’s safety.
(b) This subdivision applies to the following crimes, if committed by the defendant against a family or household member as defined in section 518B.01, subdivision 2:
(1) violations of orders for protection issued under chapter 518B;
(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222, 609.223, or 609.224; or domestic assault under section 609.2242;
(3) criminal damage to property under section 609.595;
(4) disorderly conduct under section 609.72;
(5) harassing telephone calls under section 609.79;
(6) burglary under section 609.582;
(7) trespass under section 609.605;
(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under section 609.342, 609.343, 609.344, 609.345, or 609.3451; and
(9) terroristic threats under section 609.713.
(c) Notwithstanding paragraph (a), the judges in the Tenth Judicial District may order, as a condition of a stay of imposition or execution of a sentence, a defendant convicted of a crime described in paragraph (b), to use an electronic monitoring device to protect the victim’s safety. The judges shall make data on the use of electronic monitoring devices to protect a victim’s safety in the Tenth Judicial District available to the commissioner of corrections to evaluate and to aid in development of standards for the use of devices to protect victims of domestic abuse.
Chapter 611A. Crime Victims: Rights, Programs, Agencies.
Section 07. Electronic monitoring to protect domestic abuse victims; standards.
Subdivision 1. Generally.
The commissioner of corrections, after considering the recommendations of the Advisory Council on Battered Women and Domestic Abuse and the Sexual Assault Advisory Council, and in collaboration with the commissioner of public safety, shall adopt standards governing electronic monitoring devices used to protect victims of domestic abuse. In developing proposed standards, the commissioner shall consider the experience of the courts in the Tenth Judicial District in the use of the devices to protect victims of domestic abuse. These standards shall promote the safety of the victim and shall include measures to avoid the disparate use of the device with communities of color, product standards, monitoring agency standards, and victim disclosure standards.
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Minnesota Coalition for Battered Women
60 E. Plato Blvd., Suite 130
St. Paul, MN 55107
24 Hour Crisis Line: 1-866-223-1111
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