Current through Register Vol. 49, No. 8, August 19, 2024
Section 609.6057 - GEOGRAPHIC RESTRICTIONSubdivision 1.Definition.As used in this section, "geographic restriction" means a limitation prohibiting a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding from entering a designated property or geographic area.
Subd. 2.Prohibited conduct; penalty.A person who knows of a geographic restriction order issued against the person and intentionally enters or remains in the restricted area is guilty of a misdemeanor.
Subd. 3.Notice.(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.Subd. 4.Cancellation.(a) A court shall cancel a pretrial geographic restriction order at the final disposition of the underlying criminal case.(b) A court shall cancel a postconviction geographic restriction order when an offender completes a period of probationary supervision or is committed to the commissioner of corrections.(c) A court may cancel a postconviction geographic restriction order at any time during which an offender is under probationary supervision.Added by 2017 Minn. Laws, ch. 95,s 3-19, eff. 8/1/2017.