Minn. R. Crim. P. 6.02

As amended through February 1, 2024

Rule 6.02 - Release by Court or Prosecutor

Subd. 1. Conditions of Release. A person charged with an offense must be released without bail when ordered by the prosecutor, court, or any person designated by the court to perform that function. On appearance before the court, a person must be released on personal recognizance or an unsecured appearance bond unless a court determines that release will endanger the public safety or will not reasonably assure the defendant's appearance. When this determination is made, the court must, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release that will reasonably assure the person's appearance as ordered, or, if no single condition gives that assurance, any combination of the following conditions:

(a) Place the defendant under the supervision of a person who, or organization that, agrees to supervise;

(b) Place restrictions on travel, association, or residence during release;

(c) Require an appearance bond, cash deposit, or other security; or

(d) Impose other conditions necessary to assure appearance as ordered.

If the court sets conditions of release, it must issue a written order containing them. A copy of the order must be provided to the defendant and to the law enforcement agency that has or had custody. The law enforcement agency must also be provided with the victim's name and location.

The court must set money bail without other conditions on which the defendant may be released by posting cash or sureties.

The defendant's release must be conditioned on appearance at all future court proceedings.

Subd. 2. Release Conditions. In determining conditions of release the court must consider:

(a) the nature and circumstances of the offense charged;

(b) the weight of the evidence;

(c) family ties;

(d) employment;

(e) financial resources;

(f) character and mental condition;

(g) length of residence in the community;

(h) criminal convictions;

(i) prior history of appearing in court;

(j) prior flight to avoid prosecution;

(k) the victim's safety;

(l) any other person's safety;

(m) the community's safety.

Subd. 3. Pre-Release Investigation. To determine conditions of release, the court may investigate the defendant's background before or at the defendant's court appearance. The investigation may be conducted by probation services or by any other qualified agency as directed by the court. The court, or the agency at the court's direction, must forward any pre-release investigation report to the parties. The pre-release investigation report must not be disclosed to the public without a court order.

Information obtained in the pre-release investigation from the defendant in response to an inquiry during the investigation and any derivative evidence must not be used against the defendant at trial. Evidence obtained by independent investigation may be used.

Subd. 4. Review of Release Conditions. The court must review conditions of release on request of any party.

Minn. R. Crim. P. 6.02

Amended August 1, 2016, effective 10/1/2016.