| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.6057.3

Statute ID: 16702

Statute Function ID: 35087

Geographic restriction order - Notice

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.6057.3

Enactment Date:

May 30, 2017

Effective Date:

Aug 1, 2017

Expiration Date:

Repealed?:

Summary Text:

Geographic restriction order - Notice

Statute ID:

16702

Created:

Jul 11, 2017 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 11, 2017 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Summary Text:

Geographic restriction order - Notice

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/6057.html

Legislative Session:

2017 - Regular

Session Law Text?:

Statute text last updated on:

Jul 11, 2017

(a) A geographic restriction may be issued as a pretrial order before final disposition of the underlying criminal case, as a postconviction probationary order, or both. A geographic restriction order is independent of any condition of pretrial release or probation imposed on the defendant. A geographic restriction order may be issued in addition to a similar restriction imposed as a condition of pretrial release or probation.

(b) A court may issue a geographic restriction upon a finding that its issuance will serve the interests of protecting public safety or property. In making that determination, a court shall consider the following factors:

(1) whether a defendant's presence in a restricted area creates a risk to public safety or property;

(2) a defendant's criminal history;

(3) the likelihood of future criminal activity within the restricted area; and

(4) any other factors deemed relevant by the court.

(c) A court may grant any exceptions to a geographic restriction that it deems necessary in order to avoid the imposition of a significant hardship upon a defendant. In determining whether to grant an exception, a court shall also consider the impact of the exception on the interests of protecting public safety or property.

(d) A geographic restriction order under this section shall be issued in a proceeding that is separate from but which may be held immediately following a proceeding in which any pretrial release or sentencing issues are decided.

(e) A court issuing a geographic restriction order under this section shall notify a defendant:

(1) of the area subject to a geographic restriction; and

(2) that violation of the geographic restriction order is a crime.