CHAPTER 629
EXTRADITION, DETAINERS, ARREST, BAIL
UNIFORM CRIMINAL EXTRADITION ACT
DEFINITIONS.629.01
DUTIES OF GOVERNOR IN EXTRADITION
MATTERS.
629.02
DEMAND IN WRITING.629.03
ATTORNEY GENERAL TO INVESTIGATE.629.04
EXTRADITION BY AGREEMENT.629.05
EXTRADITION OF PERSONS COMMITTING CRIME.629.06
WARRANT OF ARREST.629.07
ACCUSED TURNED OVER TO DEMANDING STATE.629.08
POWERS OF OFFICER.629.09
ACCUSED TAKEN BEFORE COURT.629.10
VIOLATION; GROSS MISDEMEANOR.629.11
ACCUSED MAY BE CONFINED IN JAIL.629.12
WHO MAY BE APPREHENDED.629.13
ARREST WITHOUT WARRANT.629.14
COURT MAY COMMIT TO JAIL.629.15
ADMIT TO BAIL.629.16
DISCHARGE.629.17
BOND FORFEITED.629.18
PRISONER HELD OR SURRENDERED.629.19
GUILT OR INNOCENCE NOT INQUIRED INTO.629.20
RECALL OF WARRANT.629.21
WARRANT FOR PAROLEES OR PROBATIONERS.629.22
PROSECUTING ATTORNEY; WRITTEN
APPLICATION.
629.23
CIVIL PROCESS NOT TO BE SERVED.629.24
TRIAL FOR OTHER CRIMES.629.25
UNIFORMITY.629.26
GOVERNOR MAY APPOINT AGENT.629.27
POWERS OF OFFICERS.629.28
CITATION, UNIFORM CRIMINAL EXTRADITION
ACT.
629.29
TRANSFER OF INMATES
TRANSFER OF STATE INMATES TO FEDERAL
DISTRICT COURT.
629.291
DETAINERS
UNIFORM MANDATORY DISPOSITION OF
DETAINERS ACT.
629.292
INTERSTATE AGREEMENT ON DETAINERS.629.294
ARRESTS
ARRESTS; BY WHOM MADE; AIDING OFFICER.629.30
TIME WHEN ARREST MAY BE MADE.629.31
MINIMUM RESTRAINT ALLOWED FOR ARREST;
WARRANT SHOWN UPON REQUEST.
629.32
WHEN FORCE MAY BE USED TO MAKE ARREST.629.33
WHEN ARREST MAY BE MADE WITHOUT
WARRANT.
629.34
ALLOWING PROBABLE CAUSE ARRESTS FOR
DOMESTIC VIOLENCE; IMMUNITY FROM
LIABILITY.
629.341
LAW ENFORCEMENT POLICIES; DOMESTIC
ABUSE ARRESTS.
629.342
PROBABLE CAUSE ARRESTS; OFFENSES ON
SCHOOL PROPERTY.
629.343
CRIMINAL VEHICULAR OPERATION AND
MANSLAUGHTER; CERTIFICATION OF PROBABLE
CAUSE BY PEACE OFFICER.
629.344
ARREST AT NIGHT; WHEN PERMISSIBLE.629.35
PEACE OFFICER AUTHORITY TO DETAIN PERSON
ON CONDITIONAL RELEASE.
629.355
PERMITTING BYSTANDER TO DELIVER
ARRESTED PERSON TO PEACE OFFICER.
629.36
PEACE OFFICERS RESPONSIBLE FOR CUSTODY
OF STOLEN PROPERTY.
629.361
RECAPTURED ESCAPED INMATE; TERM OF
IMPRISONMENT.
629.362
RAILWAY CONDUCTOR; AUTHORITY TO ARREST.629.363
ARRESTS FOR SWINDLING.629.364
DEFINITIONS.629.365
THEFT IN BUSINESS ESTABLISHMENTS;
DETAINING SUSPECTS.
629.366
WHEN PRIVATE PERSON MAY MAKE ARREST.629.37
PRIVATE PERSON TO DISCLOSE CAUSE OF
ARREST.
629.38
PRIVATE PERSON MAKING ARREST TO DELIVER
ARRESTEE TO JUDGE OR PEACE OFFICER.
629.39
ALLOWING ARRESTS ANYWHERE IN STATE.629.40
DELAYING TO TAKE PRISONER BEFORE JUDGE.629.401
ARREST WITHOUT AUTHORITY.629.402
REFUSAL TO AID IN MAKING ARREST.629.403
COUNTIES OR MUNICIPALITIES CAUSING
ARREST; REQUIRING RETURN TRANSPORTATION.
629.404
MAINTENANCE OF BOOKING RECORDINGS.629.406
WARRANTS; BAIL; RELEASE
JUDGES TO ISSUE PROCESS FOR ARREST.629.41
PROCEEDINGS ON SUMMONS TO APPEAR.629.415
RECOGNIZANCE BY OFFENDER; CASES NOT
PUNISHABLE BY IMPRISONMENT IN MINNESOTA
CORRECTIONAL FACILITY-STILLWATER.
629.44
PROCEEDINGS IN CASE OF BAIL REFUSAL.629.45
HEARING OR TRIAL ADJOURNED;
RECOGNIZANCE ALLOWED.
629.47
MAXIMUM BAIL ON MISDEMEANORS; GROSS
MISDEMEANORS.
629.471
PROCEEDINGS ON FAILURE TO APPEAR
ACCORDING TO BOND.
629.48
Official Publication of the State of Minnesota
Revisor of Statutes
MINNESOTA STATUTES 20231
WHEN PERSON FAILS TO RECOGNIZE
APPREHENSION REQUIRED.
629.49
PROVIDING RELEASE ON BAIL; COMMITMENT.629.53
ELECTRONIC MONITORING AS CONDITION OF
PRETRIAL RELEASE.
629.531
WITNESS TO RECOGNIZE.629.54
COMMITTAL OF WITNESSES WHO REFUSE TO
RECOGNIZE.
629.55
PROCEEDINGS REQUIRED WHEN PERSON UNDER
BOND DEFAULTS; PAYING BOND TO COURT.
629.58
COURT TO FORGIVE BOND FORFEITURE
PENALTY.
629.59
ACTIONS TO RECOVER UNDER RECOGNIZANCE
EVEN IF TECHNICAL NONCOMPLIANCE.
629.60
ARREST OF DEFAULTER.629.61
APPLICATION FOR BAIL; JUSTIFICATION.629.62
SURETY ARREST OF DEFENDANT.629.63
JUDGE MAY IMPOSE NEW CONDITIONS OF
RELEASE ON DEFENDANT WHO VIOLATED
RELEASE.
629.64
SHERIFF FEES.629.65
SURETIES ON BOND, RECOGNIZANCE, OR
UNDERTAKING; AFFIDAVITS REQUIRED.
629.67
PROHIBITING SURETIES TO MAKE FALSE
STATEMENTS IN AFFIDAVITS; PENALTY.
629.68
AUTHORIZED CORPORATE BONDS AND
RECOGNIZANCES.
629.70
RELEASE IN CASES INVOLVING CRIMES AGAINST
PERSONS; SURRENDER OF FIREARMS.
629.715
BAIL; DOMESTIC ABUSE; HARASSMENT;
VIOLATION OF ORDER FOR PROTECTION; OR NO
CONTACT ORDER.
629.72
NOTICE TO VICTIM REGARDING BAIL HEARING
OF ARRESTED OR DETAINED PERSON.
629.725
NOTICE TO CRIME VICTIM; RELEASE OF
ARRESTED OR DETAINED PERSON.
629.73
NOTICE TO LOCAL LAW ENFORCEMENT
AGENCY; RELEASE OF ARRESTED OR DETAINED
PERSON.
629.735
PRETRIAL BAIL EVALUATION.629.74
DOMESTIC ABUSE NO CONTACT ORDER
DOMESTIC ABUSE NO CONTACT ORDER.629.75
UNIFORM CRIMINAL EXTRADITION ACT
629.01 DEFINITIONS.
Where appearing in sections 629.01 to 629.29, the term "governor" includes any person performing the
functions of governor by authority of the law of this state. The term "executive authority" includes the
governor, and any person performing the functions of governor in a state other than this state. The term
"state," referring to a state other than this state, includes any other state or territory, organized or unorganized,
of the United States. The terms "committing an act in this state" and "acts committed in this state" include
any action taken while the person is physically present in this state.
History: (10547-11) 1939 c 240 s 1; 1985 c 265 art 10 s 1; 2023 c 31 s 9
629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution of the United
States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the governor
of this state to have arrested and delivered up to the executive authority of any other state of the United
States any person charged in that state with treason, felony, or other crime, who has fled from justice and if
found in this state. Nothing in this section shall limit any person's right to move freely between states or to
enjoy the privileges and immunities of this state, and no person shall be arrested or delivered up to the
executive authority of any other state of the United States for acts committed in this state or services received
in this state involving: (1) any medical, surgical, counseling, or referral services relating to the human
reproductive system, including but not limited to services related to pregnancy, contraception, or the
termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23, paragraph (b).
History: (10547-12) 1939 c 240 s 2; 1985 c 265 art 10 s 1; 2023 c 29 s 6; 2023 c 31 s 10
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2023629.01
629.03 DEMAND IN WRITING.
No demand for the extradition of a person charged with crime in another state shall be recognized by
the governor unless it alleges in writing, except in cases arising under section 629.06, that the accused was
present in the demanding state at the time of the commission of the alleged crime, and that the accused
subsequently fled from the state. The demand shall be accompanied by a copy of an indictment found or by
information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit
made before a court there, together with a copy of any warrant which was issued on it; or by a copy of a
judgment of conviction or of a sentence imposed in execution of it, together with a statement by the executive
authority of the demanding state that the person claimed has escaped from confinement or has broken the
terms of bail, probation, or parole. The indictment, information, or affidavit made before the court must
substantially charge the person demanded with having committed a crime under the law of that state. The
copy of the indictment, information, affidavit, judgment of conviction or sentence must be authenticated by
the executive authority making the demand.
History: (10547-13) 1939 c 240 s 3; 1983 c 359 s 120; 1985 c 265 art 10 s 1; 1986 c 444
629.04 ATTORNEY GENERAL TO INVESTIGATE.
When a demand shall be made upon the governor of this state by the executive authority of another state
for the surrender of a person so charged with crime, the governor may call upon the attorney general or any
prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the
governor the situation and circumstances of the person so demanded, and whether the person ought to be
surrendered.
History: (10547-14) 1939 c 240 s 4; 1985 c 265 art 10 s 1; 1986 c 444
629.05 EXTRADITION BY AGREEMENT.
When it is desired to have returned to this state a person charged in this state with a crime, and such
person is imprisoned or is held under criminal proceedings then pending against that person in another state,
the governor of this state may agree with the executive authority of such other state for the extradition of
such person before the conclusion of such proceedings or the person's term of sentence in such other state,
upon condition that such person be returned to such other state at the expense of this state as soon as the
prosecution in this state is terminated.
The governor of this state may also surrender, on demand of the executive authority of any other state,
any person in this state who is charged in the manner provided in section 629.23 with having violated the
laws of the state whose executive authority is making the demand, even though such person left the demanding
state involuntarily, except that no person shall be surrendered for acts committed in this state or services
received in this state involving: (1) any medical, surgical, counseling, or referral services relating to the
human reproductive system, including but not limited to services related to pregnancy, contraception, or the
termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23, paragraph (b).
History: (10547-15) 1939 c 240 s 5; 1985 c 265 art 10 s 1; 1986 c 444; 2023 c 29 s 7; 2023 c 31 s 11
629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
(a) Except as provided in paragraph (b), the governor of this state may also surrender, on demand of the
executive authority of any other state, any person in this state charged in such other state in the manner
provided in section 629.03 with committing an act in this state, or in a third state, intentionally resulting in
a crime in the state, whose executive authority is making the demand, and the provisions of sections 629.01
Official Publication of the State of Minnesota
Revisor of Statutes
629.06MINNESOTA STATUTES 20233
to 629.29 not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state
at the time of the commission of the crime, and has not fled therefrom.
(b) Nothing in this section shall limit any person's right to move freely between states or to enjoy the
privileges and immunities of this state, and no person shall be surrendered to the executive authority of any
other state for acts involving: (1) any medical, surgical, counseling, or referral services relating to the human
reproductive system, including but not limited to services related to pregnancy, contraception, or the
termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23, paragraph (b).
History: (10547-16) 1939 c 240 s 6; 1985 c 265 art 10 s 1; 2023 c 29 s 8; 2023 c 31 s 12; 2023 c 52
art 5 s 79
629.07 WARRANT OF ARREST.
In deciding that the demand should be complied with, the governor shall sign a warrant of arrest, which
shall be sealed with the state seal, and be directed to any peace officer or other person whom the governor
may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary
to the validity of its issuance.
History: (10547-17) 1939 c 240 s 7; 1985 c 265 art 10 s 1; 1986 c 444
629.08 ACCUSED TURNED OVER TO DEMANDING STATE.
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at
any time and any place where the accused may be found within the state and to command the aid of all peace
officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions
of sections 629.01 to 629.29, to the duly authorized agent of the demanding state.
History: (10547-18) 1939 c 240 s 8; 1985 c 265 art 10 s 1; 1986 c 444
629.09 POWERS OF OFFICER.
Every such peace officer or other person empowered to make the arrest shall have the same authority,
in arresting the accused, to command assistance therein, as peace officers have by law in the execution of
any criminal process directed to them, with like penalties against those who refuse their assistance.
History: (10547-19) 1939 c 240 s 9; 1985 c 265 art 10 s 1
629.10 ACCUSED TAKEN BEFORE COURT.
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority
demanding the person shall have appointed to receive the person unless first taken forthwith before a judge
of a court of record in this state, who shall inform the person of the demand made for surrender and of the
crime with which the person is charged, and that the person has the right to demand and procure legal counsel;
and, if the prisoner or the prisoner's counsel shall state that either desires to test the legality of the arrest, the
judge of such court of record shall fix a reasonable time to be allowed the prisoner within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing
thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the
accused is in custody, and to the agent of the demanding state.
History: (10547-20) 1939 c 240 s 10; 1985 c 265 art 10 s 1; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes
4MINNESOTA STATUTES 2023629.06
629.11 VIOLATION; GROSS MISDEMEANOR.
Any officer who shall deliver to the agent for extradition of the demanding state a person in custody
under the governor's warrant in willful disobedience to section 629.10 is guilty of a gross misdemeanor.
History: (10547-21) 1939 c 240 s 11; 1984 c 628 art 3 s 11; 1985 c 265 art 10 s 1; 1986 c 444; 2005
c 10 art 3 s 24
629.12 ACCUSED MAY BE CONFINED IN JAIL.
The officer or persons executing the governor's warrant of arrest, or the agents of the demanding state
to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any
county or city through which they may pass; and the keeper of such jail must receive and safely keep the
prisoner until the officer or person having charge of the prisoner is ready to proceed on the route, such officer
or person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have been delivered following
extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving
extradition in such other state, and who is passing through this state with such a prisoner for the purpose of
immediately returning such prisoner to the demanding state, may, when necessary, confine the prisoner in
the jail of any county or city through which the officer or agent may pass; and the keeper of such jail must
receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed
on the route, such officer or agent being chargeable with the expense of keeping; provided, that such officer
or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that the
officer or agent is actually transporting such prisoner to the demanding state after a requisition by the
executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition
while in this state.
History: (10547-22) 1939 c 240 s 12; 1985 c 265 art 10 s 1; 1986 c 444
629.13 WHO MAY BE APPREHENDED.
When any person within this state is charged on the oath of any credible person before any judge of this
state with the commission of any crime in any other state other than a crime arising from acts committed in
this state or services received in this state involving: (1) any medical, surgical, counseling, or referral services
relating to the human reproductive system, including but not limited to services related to pregnancy,
contraception, or the termination of a pregnancy; or (2) gender-affirming health care as defined in section
543.23, paragraph (b), and, except in cases arising under section 629.06, with having fled from justice, with
having been convicted of a crime in that state and having escaped from confinement, or having broken the
terms of bail, probation, or parole, or when complaint has been made before any judge in this state setting
forth on the affidavit of any credible person in another state that a crime has been committed in the other
state and that the accused has been charged in that state with the commission of the crime and, except in
cases arising under section 629.06, has fled from justice, or with having been convicted of a crime in that
state and having escaped from confinement, or having broken the terms of bail, probation, or parole, and is
believed to be in this state, the judge shall issue a warrant directed to any peace officer commanding the
officer to apprehend the person named in it, wherever the accused may be found in this state, and to bring
the accused before the same or any other judge or court who or which may be available in or convenient of
access to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified
Official Publication of the State of Minnesota
Revisor of Statutes
629.13MINNESOTA STATUTES 20235
copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to
the warrant.
History: (10547-23) 1939 c 240 s 13; 1983 c 359 s 121; 1985 c 265 art 10 s 1; 1986 c 444; 2023 c 29
s 9; 2023 c 31 s 13; 2023 c 52 art 5 s 79
629.14 ARREST WITHOUT WARRANT.
The arrest of a person may be lawfully made also by any peace officer or a private person, without a
warrant upon reasonable information that the accused stands charged in the courts of a state with a crime
punishable by death or imprisonment for a term exceeding one year, except that no person shall be arrested
if the accused stands charged in the courts of any other state for acts committed in this state or services
received in this state involving: (1) any medical, surgical, counseling, or referral services relating to the
human reproductive system, including but not limited to services related to pregnancy, contraception, or the
termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23, paragraph (b).
When arrested the accused must be taken before a judge with all practicable speed and complaint must be
made against the accused under oath setting forth the ground for the arrest as in section 629.13. Thereafter
the answer shall be heard as if the accused had been arrested on a warrant.
History: (10547-24) 1939 c 240 s 14; 1983 c 359 s 122; 1985 c 265 art 10 s 1; 1986 c 444; 2023 c 29
s 10; 2023 c 31 s 14; 2023 c 52 art 5 s 79
629.15 COURT MAY COMMIT TO JAIL.
If from the examination before the judge it appears that the person held is the person charged with having
committed the crime alleged and, except in cases arising under section 629.06, that the accused has fled
from justice, the judge must, by a warrant reciting the accusation, commit the accused to the county jail for
a time, not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be
made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction
of the offense, unless the accused gives bail as provided in section 629.16, or until the accused is legally
discharged.
History: (10547-25) 1939 c 240 s 15; 1983 c 359 s 123; 1985 c 265 art 10 s 1; 1986 c 444
629.16 ADMIT TO BAIL.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or
life imprisonment under the laws of the state in which it was committed, a judge in this state may admit the
person arrested to bail by bond, with sufficient sureties, and in such sum as the judge deems proper,
conditioned for the person's appearance before the judge at a time specified in the bond, and for the person's
surrender, to be arrested upon the warrant of the governor of this state.
History: (10547-26) 1939 c 240 s 16; 1983 c 359 s 124; 1985 c 265 art 10 s 1; 1986 c 444
629.17 DISCHARGE.
If the accused is not arrested under warrant of the governor by the expiration of the time specified in
the warrant or bond, a judge may discharge the accused or may recommit the accused for a further period
not to exceed 60 days. A judge may again take bail for the accused's appearance and surrender, as provided
in section 629.16, but within a period not to exceed 60 days after the date of the new bond.
History: (10547-27) 1939 c 240 s 17; 1983 c 359 s 125; 1985 c 265 art 10 s 1; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes
6MINNESOTA STATUTES 2023629.13
629.18 BOND FORFEITED.
If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of the
bond, the judge by proper order shall declare the bond forfeited and order the prisoner's immediate arrest
without warrant if the prisoner is within this state. Recovery may be had on the bond in the name of the state
as in the case of other bonds given by the accused in criminal proceedings within this state.
History: (10547-28) 1939 c 240 s 18; 1983 c 359 s 126; 1985 c 265 art 10 s 1; 1986 c 444
629.19 PRISONER HELD OR SURRENDERED.
If a criminal prosecution has been instituted against such person under the laws of this state and is still
pending, the governor either may surrender the person on demand of the executive authority of another state
or hold the person until the person has been tried and discharged or convicted and punished in this state.
History: (10547-29) 1939 c 240 s 19; 1985 c 265 art 10 s 1; 1986 c 444
629.20 GUILT OR INNOCENCE NOT INQUIRED INTO.
The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired
into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime
in legal form, as provided, shall have been presented to the governor, except as it may be involved in
identifying the person held as the person charged with the crime.
History: (10547-30) 1939 c 240 s 20; 1985 c 265 art 10 s 1; 1986 c 444
629.21 RECALL OF WARRANT.
The governor may recall the warrant of arrest or may issue another warrant when the governor deems
it proper.
History: (10547-31) 1939 c 240 s 21; 1985 c 265 art 10 s 1; 1986 c 444
629.22 WARRANT FOR PAROLEES OR PROBATIONERS.
When the governor of this state shall demand a person charged with crime or with escaping from
confinement or breaking the terms of bail, probation, or parole in this state, from the executive authority of
any other state, or from the chief justice or an associate justice of the Supreme Court of the District of
Columbia authorized to receive such demand under the laws of the United States, the governor shall issue
a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged
if delivered to the agent and convey the person to the proper officer of the county in this state in which the
offense was committed.
History: (10547-32) 1939 c 240 s 22; 1985 c 265 art 10 s 1; 1986 c 444
629.23 PROSECUTING ATTORNEY; WRITTEN APPLICATION.
Subdivision 1. Contents. When the return to this state of a person charged with crime in this state is
required, the prosecuting attorney shall present to the governor a written application for a requisition for the
return of the person charged, in which application shall be stated the name of the person so charged, the
crime charged against the person, the approximate time, place, and circumstances of its commission, the
state in which the person is believed to be, including the location of the accused therein at the time the
application is made, and certifying that, in the opinion of the prosecuting attorney, the ends of justice require
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the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce
a private claim.
Subd. 2. Return of fugitive. When the return to this state is required of a person who has been convicted
of a crime in this state and has escaped from confinement or broken the terms of bail, probation, or parole,
the prosecuting attorney of the county in which the offense was committed, the parole board, or the chief
executive officer of the facility or sheriff of the county, from which the escape was made, shall present to
the governor a written application for a requisition for the return of such person, in which application shall
be stated the name of the person, the crime of which the person was convicted, the circumstances of escape
from confinement or of the breach of the terms of bail, probation, or parole, the state in which the person is
believed to be, including the location of the person therein at the time application is made.
Subd. 3. Procedural requirements. The application shall be verified by affidavit, shall be executed in
duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and
affidavit filed, or of the complaint made to the judge, stating the offense with which the accused is charged,
or of the judgment of conviction or of the sentence. The prosecuting officer, Parole Board, chief executive
officer, or sheriff may also attach any further affidavits and other documents in duplicate as deemed proper
to be submitted with the application. One copy of the application, with the action of the governor indicated
by endorsement on it, and one of the certified copies of the indictment, complaint, information, and affidavits,
or of the judgment of conviction or of the sentence shall be filed in the Office of the Secretary of State to
remain of record in that office. The other copies of all papers shall be forwarded with the governor's
requisition.
History: (10547-33) 1939 c 240 s 23; 1979 c 102 s 13; 1983 c 359 s 127; 1985 c 265 art 10 s 1; 1986
c 444
629.24 CIVIL PROCESS NOT TO BE SERVED.
A person brought into this state by, or after waiver of, extradition based on a criminal charge, shall not
be subject to service of personal process in civil actions arising out of the same facts as the criminal
proceedings to answer which the person is being or has been returned, until the person has been convicted
in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the
state from which the person was extradited.
Any person arrested in this state charged with having committed any crime in another state or alleged
to have escaped from confinement, or broken the terms of bail, probation, or parole, may waive the issuance
and service of the warrant provided for in sections 629.07 and 629.08 and all other procedure incidental to
extradition proceedings, by executing or subscribing, in the presence of a judge of any court of record within
this state, a writing which states that the person consents to return to the demanding state; provided, that
before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform
such person of the person's rights to the issuance and service of a warrant of extradition and to obtain a writ
of habeas corpus, as provided for in section 629.10.
If and when such consent has been duly executed, it shall forthwith be forwarded to the Office of the
Governor of this state and filed therein. The judge shall direct the officer having such person in custody to
deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver
or cause to be delivered to such agent or agents a copy of such consent; provided, that nothing in this section
shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the
demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the
powers, rights, or duties of the officers of the demanding state or of this state.
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Nothing in sections 629.01 to 629.29 shall be deemed to constitute a waiver by this state of its right,
power, or privilege to try such demanded person for crime committed within this state, or of its right, power,
or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial,
sentence, or punishment for any crime committed within this state, nor shall any proceedings had under
sections 629.01 to 629.29 which result in, or fail to result in, extradition be deemed a waiver by this state
of any of its rights, privileges, or jurisdiction in any way.
History: (10547-34) 1939 c 240 s 24; 1985 c 265 art 10 s 1; 1986 c 444
629.25 TRIAL FOR OTHER CRIMES.
After a person has been brought back to this state by or after waiver of extradition proceedings, the
person may be tried in this state for other crimes which the person may be charged with having committed
here, as well as that specified in the requisition for extradition.
History: (10547-35) 1939 c 240 s 25; 1985 c 265 art 10 s 1; 1986 c 444
629.26 UNIFORMITY.
The provisions of sections 629.01 to 629.29 shall be so interpreted and construed as to effectuate their
general purposes to make uniform the laws of those states which enact them.
History: (10547-36) 1939 c 240 s 26; 1985 c 265 art 10 s 1
629.27 GOVERNOR MAY APPOINT AGENT.
In every case authorized by the Constitution and laws of the United States, the governor may appoint
an agent, who shall be the sheriff of the county from which the application for extradition shall come, when
the sheriff can act, to demand of the executive authority of any state or territory any fugitive from justice or
any person charged with a felony or other crime in this state; and when an application shall be made to the
governor for that purpose, the attorney general, when so required by the governor, shall forthwith investigate
or cause to be investigated by any county attorney the grounds of such application, and report to the governor
all material circumstances which shall come to the attorney general's knowledge, with an abstract of the
evidence, and an opinion as to the expediency of the demand. The accounts of agents so appointed shall in
each case be audited by the county board of the county wherein the crime upon which extradition proceedings
are based shall be alleged to have been committed, and every such agent shall receive from the treasury of
such county $4 for each calendar day, and the necessary expenses incurred by the agent in the performance
of such duties.
History: (10547-38) 1939 c 240 s 28; 1985 c 265 art 10 s 1; 1986 c 444
629.28 POWERS OF OFFICERS.
Any person who has been or shall be convicted of or charged with a crime in any other state, and who
shall be lawfully in the custody of any officer of the state where such offense is claimed to have been
committed, may be by such officer conveyed through or from this state, for which purpose such officer shall
have all the powers in regard to the person's control or custody that an officer of this state has over a prisoner
in the officer's charge.
History: (10547-39) 1939 c 240 s 29; 1985 c 265 art 10 s 1; 1986 c 444
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629.29 CITATION, UNIFORM CRIMINAL EXTRADITION ACT.
Sections 629.01 to 629.29 may be cited as the "Uniform Criminal Extradition Act."
History: (10547-41) 1939 c 240 s 31; 1985 c 265 art 10 s 1
TRANSFER OF INMATES
629.291 TRANSFER OF STATE INMATES TO FEDERAL DISTRICT COURT.
Subdivision 1. Petition for transfer. The attorney general of the United States, or any of the attorney
general's assistants, or the United States attorney for the district of Minnesota, or any of the United States
attorney's assistants, may file a petition with the governor requesting the state of Minnesota to consent to
transfer an inmate, serving a sentence in a Minnesota correctional facility for violation of a Minnesota
criminal law, to the United States District Court for the purpose of being tried for violation of a federal
criminal law. In order for a petition to be filed under this section, the inmate must at the time of the filing
of the petition be under indictment in the United States District Court for Minnesota for violation of a federal
criminal law. The petition must name the inmate for whom transfer is requested and the Minnesota correctional
facility in which the inmate is imprisoned. The petition must be verified and have a certified copy of the
federal indictment attached to it. The petitioner must agree in the petition to pay all expenses incurred by
the state in transferring the inmate to the United States court for trial.
Subd. 2. Governor's consent and order. Upon hearing a petition, the governor may consent to transfer
of the inmate on behalf of the state of Minnesota if satisfied as to the identity of the inmate sought to be
transferred. Upon receiving proper process issued by the United States District Court stating the time and
place where the inmate will be tried, the governor may issue an order directing the chief executive officer
of the correctional facility in which the inmate is imprisoned to transfer the inmate to the United States
District Court for the district of Minnesota. The order must direct the chief executive officer of the facility
to retain custody of the inmate during the trial in federal court and, at conclusion of the trial after judgment
is pronounced by the United States District Court, direct the federal court to return the inmate to the
correctional facility from which the inmate was taken. The order must require that an inmate sentenced for
a violation of a federal criminal law after transfer under this section and trial serve the remainder of the
sentence imposed for violation of a Minnesota criminal law before being released to the federal authorities.
Subd. 3. Notifying United States marshal. Before release of an inmate who has been sentenced for a
violation of a federal criminal law in United States District Court, the chief executive officer of the correctional
facility in which the inmate is serving a sentence for violation of a Minnesota criminal law shall notify the
United States marshal for the district of Minnesota. Upon release of the inmate, the chief executive officer
shall surrender the inmate to the federal authorities to be dealt with in accordance with the laws of the United
States.
History: (9950-3) 1927 c 141; 1979 c 102 s 13; 1985 c 265 art 10 s 1; 1986 c 444; 1993 c 326 art 13
s 36
DETAINERS
629.292 UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT.
Subdivision 1. Request for disposition; notification of prisoner. (a) Any person who is imprisoned
in a penal or correctional institution or other facility in the Department of Corrections of this state may
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request final disposition of any untried indictment or complaint pending against the person in this state. The
request shall be in writing addressed to the court in which the indictment or complaint is pending and to the
prosecuting attorney charged with the duty of prosecuting it, and shall set forth the place of imprisonment.
(b) The commissioner of corrections or other official designated by the commissioner having custody
of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried indictment
or complaint against the prisoner of which the commissioner of corrections or such official had knowledge
or notice and of the prisoner's right to make a request for final disposition thereof.
(c) Failure of the commissioner of corrections or other such official to inform a prisoner, as required by
this section, within one year after a detainer has been filed at the institution shall entitle the prisoner to a
final dismissal of the indictment or complaint with prejudice.
Subd. 2. Procedure on receipt of request. The request shall be delivered to the commissioner of
corrections or other official designated by the commissioner having custody of the prisoner, who shall
forthwith:
(1) certify the term of commitment under which the prisoner is being held, the time already served on
the sentence, the time remaining to be served, the good time earned, the time of parole eligibility of the
prisoner, and any decisions of the commissioner of corrections relating to the prisoner;
(2) send by registered or certified mail, return receipt requested, one copy of the request and certificate
to the court and one copy to the prosecuting attorney to whom it is addressed; and
(3) send by e-filing and e-serving the paperwork, one copy of the request to the court and one copy to
the prosecuting attorney to whom it is addressed.
Subd. 3. Time of trial. Within six months after the receipt of the request and certificate by the court
and prosecuting attorney, or within such additional time as the court for good cause shown in open court
may grant, the prisoner or counsel being present, the indictment or information shall be brought to trial; but
the parties may stipulate for a continuance or a continuance may be granted on notice to the attorney of
record and opportunity for the attorney to be heard. If, after such a request, the indictment or information is
not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor
shall the untried indictment or information be of any further force or effect, and the court shall dismiss it
with prejudice.
Subd. 4. Effect of escape. Escape from custody by any prisoner subsequent to the prisoner's execution
of a request for final disposition of an untried indictment or information voids the request.
Subd. 5. Notification of existence of procedure. The commissioner of corrections or other official
designated by the commissioner having custody of prisoners shall arrange for all prisoners to be informed
in writing of the provisions of this section, and for a record thereof to be placed in the prisoner's file.
Subd. 6. Uniformity. This section shall be so construed as to effectuate its general purpose to make
uniform the law of those states which enact it.
Subd. 7. Citation. This section may be cited as the Uniform Mandatory Disposition of Detainers Act.
History: 1967 c 294 s 1-7; 1973 c 654 s 15; 1975 c 271 s 6; 1983 c 274 s 18; 1985 c 265 art 10 s 1;
1986 c 444; 1990 c 604 art 9 s 11; 2023 c 52 art 11 s 27
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629.294 INTERSTATE AGREEMENT ON DETAINERS.
Subdivision 1. Agreement. The agreement on detainers is enacted into law and entered into by this state
with all other jurisdictions legally joining in it in the form substantially as follows:
The contracting states solemnly agree that:
ARTICLE I
The party states find that charges outstanding against a prisoner, detainers based on untried indictments,
informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other
jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation.
Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and all detainers based
on untried indictments, informations, or complaints. The party states also find that proceedings with reference
to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the
absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative
procedures.
ARTICLE II
As used in this agreement:
(a) "State" shall mean a state of the United States; the United States of America; a territory or possession
of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he initiates a
request for final disposition pursuant to article III hereof or at the time that a request for custody or availability
is initiated pursuant to article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had on an indictment, information, or
complaint pursuant to article III or article IV hereof.
ARTICLE III
(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution
of a party state, and whenever during the continuance of the term of imprisonment there is pending in any
other party state any untried indictment, information, or complaint on the basis of which a detainer has been
lodged against the prisoner, he shall be brought to trial within 180 days after he shall have caused to be
delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written
notice of the place of his imprisonment and his request for a final disposition to be made of the indictment,
information, or complaint; provided that for good cause shown in open court, the prisoner or his counsel
being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody
of the prisoner, stating the term of commitment under which the prisoner is being held, the time already
served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given
or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him,
who shall promptly forward it together with the certificate to the appropriate prosecuting official and court
by registered or certified mail, return receipt requested.
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(c) The warden, commissioner of corrections, or other official having custody of the prisoner shall
promptly inform him of the source and contents of any detainer lodged against him and shall also inform
him of his right to make a request for final disposition of the indictment, information, or complaint on which
the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate
as a request for final disposition of all untried indictments, informations, or complaints on the basis of which
detainers have been lodged against the prisoner from the state to whose prosecuting official the request for
final disposition is specifically directed. The warden, commissioner of corrections, or other official having
custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several
jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding
being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by
copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment,
information, or complaint contemplated hereby prior to the return of the prisoner to the original place of
imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the
court shall enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be
deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or
included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve
any sentence there imposed upon him, after completion of his term of imprisonment in the sending state.
The request for final disposition shall also constitute a consent by the prisoner to the production of his body
in any court where his presence may be required in order to effectuate the purposes of this agreement and
a further consent voluntarily to be returned to the original place of imprisonment in accordance with the
provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence
if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition
referred to in paragraph (a) hereof shall void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint
is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a
term of imprisonment in any party state made available in accordance with article V(a) hereof upon
presentation of a written request for temporary custody or availability to the appropriate authorities of the
state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment,
information, or complaint shall have duly approved, recorded, and transmitted the request; and provided
further that there shall be a period of 30 days after receipt by the appropriate authorities before the request
be honored, within which period the governor of the sending state may disapprove the request for temporary
custody or availability, either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate
authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of
commitment under which the prisoner is being held, the time already served, the time remaining to be served
on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any
decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all
other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner
with similar certificates and with notices informing them of the request for custody or availability and of
the reasons therefor.
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(c) In respect of any proceeding made possible by this article, trial shall be commenced within 120 days
of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or
his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable
continuance.
(d) Nothing contained in this article shall be construed to deprive any prisoner of any right which he
may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may
not be opposed or denied on the grounds that the executive authority of the sending state has not affirmatively
consented to or ordered such delivery.
(e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the
prisoner's being returned to the original place of imprisonment pursuant to article V(e) hereof, such indictment,
information, or complaint shall not be of any further force or effect, and the court shall enter an order
dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under article III or article IV hereof, the appropriate authority in a
sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the
state where such indictment, information, or complaint is pending against such person in order that speedy
and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer
of temporary custody shall accompany the written notice provided for in article III of this agreement. In the
case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial,
whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of temporary custody shall present
the following upon demand:
(1) Proper identification and evidence of his authority to act for the state into whose temporary custody
the prisoner is to be given.
(2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer
has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the
event that an action on the indictment, information, or complaint on the basis of which the detainer has been
lodged is not brought to trial within the period provided in article III or article IV hereof, the appropriate
court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an
order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or
effect.
(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting
prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints
which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising
out of the same transaction. Except for his attendance at court and while being transported to or from any
place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility
regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be
returned to the sending state.
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(f) During the continuance of temporary custody or while the prisoner is otherwise being made available
for trial as required by this agreement, time being served on the sentence shall continue to run but good time
shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which
imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised,
the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state
and any escape from temporary custody may be dealt with in the same manner as an escape from the original
place of imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such
prisoner is returned to the territory and custody of the sending state, the state in which the one or more
untried indictments, informations, or complaints are pending, or in which trial is being had, shall be responsible
for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner.
The provisions of this paragraph shall govern unless the states concerned shall have entered into a
supplementary agreement providing for a different allocation of costs and responsibilities as between or
among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship
among the departments, agencies, and officers of and in the government of a party state, or between a party
state and its subdivisions, as to the payment of costs, or responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of the time periods provided in articles III and IV
of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner
is unable to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any
person who is adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an officer who, acting jointly with like officers of
other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions
of this agreement, and who shall provide, within and without the state, information necessary to the effective
operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to a party state when such state has enacted the
same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the
same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated
by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in
respect thereof.
ARTICLE IX
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this
agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared
to be contrary to the constitution of any party state or of the United States or the applicability thereof to any
government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement
and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall
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remain in full force and effect as to the remaining states and in full force and effect as to the state affected
as to all severable matters.
Subd. 2. Appropriate court. "Appropriate court" as used in the agreement on detainers means the
district court.
Subd. 3. Enforcement. Courts, agencies, and employees of this state and its political subdivisions shall
enforce the agreement on detainers and cooperate with one another and with other party states in enforcing
the agreement and carrying out its purpose.
Subd. 4. Habitual offenders. Neither this section nor the agreement on detainers requires the application
of a habitual offenders law to a person on account of a conviction had in a proceeding brought to final
disposition by reason of the agreement.
Subd. 5. Escapes. Whoever departs without lawful authority from custody while in another state under
the agreement on detainers is considered to have escaped and may be punished as provided in section 609.485,
subdivision 4.
Subd. 6. Delivery of inmate. The chief executive officer of a correctional institution in this state shall
give over an inmate whenever required to do so by the agreement on detainers.
Subd. 7. Administration. The commissioner of corrections or his designee is the central administrator
and information agent for the agreement on detainers.
Subd. 8. Distribution of copies of act. Copies of this act must, upon its approval, be transmitted to the
governor of each state, the attorney general and the administrator of general services of the United States,
and the Council of State Governments.
History: 1967 c 94 s 1; 1985 c 265 art 10 s 1
ARRESTS
629.30 ARRESTS; BY WHOM MADE; AIDING OFFICER.
Subdivision 1. Definition. Arrest means taking a person into custody that the person may be held to
answer for a public offense. "Arrest" includes actually restraining a person or taking into custody a person
who submits.
Subd. 2. Who may arrest. An arrest may be made:
(1) by a peace officer under a warrant;
(2) by a peace officer without a warrant;
(3) by an officer in the United States Customs and Border Protection or the United States Citizenship
and Immigration Services without a warrant;
(4) by a private person.
A private person shall aid a peace officer in executing a warrant when requested to do so by the officer.
History: (10566) RL s 5225; 1981 c 108 s 1; 1985 c 265 art 10 s 1; 2007 c 13 art 1 s 25
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629.31 TIME WHEN ARREST MAY BE MADE.
An arrest for a felony or gross misdemeanor may be made on any day and at any time of the day or
night. An arrest for a misdemeanor may not be made on Sunday or between 10:00 p.m. and 8:00 a.m. on
any other day except:
(1) when the judge orders in the warrant that the arrest may be made between those hours; or
(2) when the person named in the warrant is found on a public highway or street.
History: (10567) RL s 5226; Ex1971 c 27 s 46; 1983 c 359 s 128; 1984 c 433 s 1; 1985 c 265 art 10 s
1
629.32 MINIMUM RESTRAINT ALLOWED FOR ARREST; WARRANT SHOWN UPON REQUEST.
A peace officer making an arrest may not subject the person arrested to any more restraint than is
necessary for the arrest and detention. The peace officer shall inform the defendant that the officer is acting
under a warrant, and shall show the defendant the warrant if requested to do so. An arrest by a peace officer
acting under a warrant is lawful even though the officer does not have the warrant in hand at the time of the
arrest, but if the arrested person so requests the warrant must be shown to that person as soon as possible
and practicable. A peace officer may lawfully arrest a person when advised by any other peace officer in
the state that a warrant has been issued for that person.
History: (10568) RL s 5227; 1947 c 316 s 1; 1985 c 265 art 10 s 1
629.33 WHEN FORCE MAY BE USED TO MAKE ARREST.
If a peace officer has informed a defendant that the officer intends to arrest the defendant, and if the
defendant then flees or forcibly resists arrest, the officer may use all necessary and lawful means to make
the arrest but may not use deadly force unless authorized to do so under section 609.066. After giving notice
of the authority and purpose of entry, a peace officer may break open an inner or outer door or window of
a dwelling house to execute a warrant if:
(1) the officer is refused admittance;
(2) entry is necessary for the officer's own liberation; or
(3) entry is necessary for liberating another person who is being detained in the dwelling house after
entering to make an arrest.
History: (10569) RL s 5228; 1978 c 736 s 3; 1985 c 265 art 10 s 1
629.34 WHEN ARREST MAY BE MADE WITHOUT WARRANT.
Subdivision 1. Peace officers. (a) A peace officer, as defined in section 626.84, subdivision 1, paragraph
(c), who is on or off duty within the jurisdiction of the appointing authority, or on duty outside the jurisdiction
of the appointing authority pursuant to section 629.40, may arrest a person without a warrant as provided
under paragraph (c).
(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d), who is on duty
within the jurisdiction of the appointing authority, or on duty outside the jurisdiction of the appointing
authority pursuant to section 629.40 may arrest a person without a warrant as provided under paragraph (c).
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(c) A peace officer or part-time peace officer who is authorized under paragraph (a) or (b) to make an
arrest without a warrant may do so under the following circumstances:
(1) when a public offense has been committed or attempted in the officer's presence;
(2) when the person arrested has committed a felony, although not in the officer's presence;
(3) when a felony has in fact been committed, and the officer has reasonable cause for believing the
person arrested to have committed it;
(4) upon a charge based upon reasonable cause of the commission of a felony by the person arrested;
(5) under the circumstances described in clause (2), (3), or (4), when the offense is a gross misdemeanor
violation of section 609.52, 609.595, 609.631, 609.749, or 609.821;
(6) under circumstances described in clause (2), (3), or (4), when the offense is a nonfelony violation
of section 518B.01, subdivision 14; 609.748, subdivision 6; or 629.75, subdivision 2, or a nonfelony violation
of any other restraining order or no contact order previously issued by a court;
(7) under the circumstances described in clause (2), (3), or (4), when the offense is a gross misdemeanor
violation of section 609.485 and the person arrested is a juvenile committed to the custody of the commissioner
of corrections; or
(8) if the peace officer has probable cause to believe that within the preceding 72 hours, exclusive of
the day probable cause was established, the person has committed nonfelony domestic abuse, as defined in
section 518B.01, subdivision 2, even though the assault did not take place in the presence of the peace
officer.
(d) To make an arrest authorized under this subdivision, the officer may break open an outer or inner
door or window of a dwelling house if, after notice of office and purpose, the officer is refused admittance.
Subd. 2. United States Customs and Border Protection, United States Citizenship and Immigration
Services officer. An officer in the United States Customs and Border Protection or the United States
Citizenship and Immigration Services may arrest a person without a warrant under the circumstances specified
in clauses (1) and (2):
(1) when the officer is on duty within the scope of assignment and one or more of the following situations
exist:
(i) the person commits an assault in the fifth degree, as defined in section 609.224, against the officer;
(ii) the person commits an assault in the fifth degree, as defined in section 609.224, on any other person
in the presence of the officer, or commits any felony;
(iii) the officer has reasonable cause to believe that a felony has been committed and reasonable cause
to believe that the person committed it; or
(iv) the officer has received positive information by written, teletypic, telephonic, radio, or other
authoritative source that a peace officer holds a warrant for the person's arrest; or
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(2) when the assistance of the officer has been requested by another Minnesota law enforcement agency.
History: (10570) RL s 5229; 1981 c 108 s 2; 1983 c 169 s 3; 1985 c 84 s 4; 1985 c 265 art 10 s 1; art
12 s 1; 1987 c 329 s 18; 1993 c 326 art 2 s 28; 1998 c 367 art 7 s 11; 2005 c 10 art 2 s 4; 2007 c 13 art 1
s 25; 2009 c 59 art 4 s 7; 2014 c 177 s 1
629.341 ALLOWING PROBABLE CAUSE ARRESTS FOR DOMESTIC VIOLENCE; IMMUNITY
FROM LIABILITY.
Subdivision 1. Arrest. Notwithstanding section 629.34 or any other law or rule, a peace officer may
arrest a person anywhere without a warrant, including at the person's residence, if the peace officer has
probable cause to believe that within the preceding 72 hours, exclusive of the day probable cause was
established, the person has committed nonfelony domestic abuse, as defined in section 518B.01, subdivision
2. The arrest may be made even though the assault did not take place in the presence of the peace officer.
Subd. 2. Immunity. A peace officer acting in good faith and exercising due care in making an arrest
pursuant to subdivision 1 is immune from civil liability that might result from the officer's action.
Subd. 3. Notice of rights. The peace officer shall tell the victim whether a shelter or other services are
available in the community and give the victim immediate notice of the legal rights and remedies available.
The notice must include furnishing the victim a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county attorney to
file a criminal complaint. You also have the right to go to court and file a petition requesting an order for
protection from domestic abuse. The order could include the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your minor child or
children; or
(5) an order directing the abuser to pay support to you and the minor children if the abuser has a legal
obligation to do so."
The notice must include the resource listing, including telephone number, for the area program that
provides services to victims of domestic abuse as shelter, designated by the Office of Justice Programs in
the Department of Public Safety.
Subd. 4. Report required. Whenever a peace officer investigates an allegation that an incident described
in subdivision 1 has occurred, whether or not an arrest is made, the officer shall make a written police report
of the alleged incident. The report must contain at least the following information: the name, address and
telephone number of the victim, if provided by the victim, a statement as to whether an arrest occurred, the
name of the arrested person, and a brief summary of the incident. Data that identify a victim who has made
a request under section 13.82, subdivision 17, paragraph (d), and that are private data under that subdivision,
shall be private in the report required by this section. A copy of this report must be provided upon request,
at no cost, to the victim of domestic abuse, the victim's attorney, or organizations designated by the Office
of Justice Programs in the Department of Public Safety that are providing services to victims of domestic
abuse. The officer shall submit the report to the officer's supervisor or other person to whom the employer's
rules or policies require reports of similar allegations of criminal activity to be made.
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Subd. 5. Training. The Board of Peace Officer Standards and Training shall provide a copy of this
section to every law enforcement agency in this state on or before June 30, 1983.
Upon request of the Board of Peace Officer Standards and Training to the Bureau of Criminal
Apprehension, at least one training course must include instruction about domestic abuse. A basic skills
course required for initial licensure as a peace officer must, after January 1, 1985, include at least three hours
of training in handling domestic violence cases.
History: 1978 c 724 s 2; 1979 c 204 s 1; 1981 c 273 s 13; 1983 c 226 s 1; 1984 c 655 art 1 s 79; 1985
c 265 art 10 s 1; 1986 c 444; 1993 c 326 art 2 s 29; 1995 c 226 art 7 s 18; 1998 c 371 s 18; 1999 c 227 s
22; 2000 c 444 art 2 s 48; 2004 c 290 s 37; 2009 c 59 art 2 s 3; 2013 c 125 art 1 s 101; 2014 c 177 s 2;
2023 c 52 art 5 s 74,75
629.342 LAW ENFORCEMENT POLICIES; DOMESTIC ABUSE ARRESTS.
Subdivision 1. Definition. For purposes of this section, "domestic abuse" has the meaning given in
section 518B.01, subdivision 2.
Subd. 2. Policies required. (a) Each law enforcement agency shall develop, adopt, and implement a
written policy regarding arrest procedures for domestic abuse incidents. In the development of a policy,
each law enforcement agency shall consult with domestic abuse advocates, community organizations, and
other law enforcement agencies with expertise in the recognition and handling of domestic abuse incidents.
The policy shall discourage dual arrests, include consideration of whether one of the parties acted in self
defense, and provide guidance to officers concerning instances in which officers should remain at the scene
of a domestic abuse incident until the likelihood of further imminent violence has been eliminated.
(b) The Bureau of Criminal Apprehension and the Board of Peace Officer Standards and Training, in
consultation with the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association, the
Minnesota Police and Peace Officers Association, and a domestic violence statewide coalition shall update
the written policy regarding arrest procedures for domestic abuse incidents for use by local law enforcement
agencies. Each law enforcement agency may adopt the model policy in lieu of developing its own policy
under the provisions of paragraph (a).
Subd. 3. Assistance to victim where no arrest. If a law enforcement officer does not make an arrest
when the officer has probable cause to believe that a person is committing or has committed domestic abuse
or violated an order for protection, the officer shall provide immediate assistance to the victim. Assistance
includes:
(1) assisting the victim in obtaining necessary medical treatment; and
(2) providing the victim with the notice of rights under section 629.341, subdivision 3.
Subd. 4. Immunity. A peace officer acting in good faith and exercising due care in providing assistance
to a victim pursuant to subdivision 3 is immune from civil liability that might result from the officer's action.
History: 1992 c 571 art 6 s 22; 1993 c 326 art 2 s 30; 2000 c 445 art 2 s 28; 2014 c 212 art 1 s 12;
2014 c 286 art 6 s 7
629.343 PROBABLE CAUSE ARRESTS; OFFENSES ON SCHOOL PROPERTY.
Notwithstanding section 629.34, a peace officer, as defined in section 626.84, subdivision 1, paragraph
(c), who is on or off duty within the jurisdiction of the appointing authority or on duty outside the jurisdiction
of the appointing authority pursuant to section 629.40, may arrest a person without a warrant if the peace
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officer has probable cause to believe that the person within the preceding four hours has committed a
fifth-degree assault, as defined in section 609.224, on school property, as defined in section 609.66, subdivision
1d. The arrest may be made even though the crimes were not committed in the presence of the peace officer.
History: 1995 c 55 s 1
629.344 CRIMINAL VEHICULAR OPERATION AND MANSLAUGHTER; CERTIFICATION OF
PROBABLE CAUSE BY PEACE OFFICER.
If a peace officer determines that probable cause exists to believe that a person has violated section
609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); 609.2113, subdivision 1, clause (2),
(3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or (6); or subdivision 3, clause (2), (3), (4), (5),
or (6); or 609.2114, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); or subdivision 2, clause (2),
(3), (4), (5), or (6), the officer shall certify this determination and notify the commissioner of public safety.
History: 2013 c 117 art 3 s 35; 2014 c 180 s 9; 2020 c 83 art 1 s 98
629.35 ARREST AT NIGHT; WHEN PERMISSIBLE.
A peace officer may arrest a person at night without a warrant if the officer has reasonable cause to
believe that person has committed a felony. An arrest under this section is lawful even if it appears after the
arrest that no felony has been committed. When arresting a person at night without a warrant, a peace officer
shall inform that person of the officer's authority and the cause of the arrest. This warning need not be given
if the person is apprehended while committing a public offense or is pursued immediately after escape.
History: (10571) RL s 5230; 1985 c 265 art 10 s 1
629.355 PEACE OFFICER AUTHORITY TO DETAIN PERSON ON CONDITIONAL RELEASE.
(a) A peace officer may detain a person on conditional release upon probable cause that the person has
violated a condition of release. "Conditional release" has the meaning given in section 401.01, subdivision
2.
(b) Except as provided in paragraph (c), no person may be detained longer than the period provided in
rule 27.04 of the Rules of Criminal Procedure. The detaining peace officer shall provide a detention report
to the agency supervising the person as soon as possible. The detention by the peace officer may not exceed
eight hours without the approval of the supervising agency. The supervising agency may release the person
without commencing revocation proceedings or commence revocation proceedings under rule 27.04 of the
Rules of Criminal Procedure.
(c) A person detained under paragraph (a) who is on supervised release or parole may not be detained
longer than 72 hours. The detaining peace officer shall provide a detention report to the commissioner of
corrections as soon as possible. The detention by the peace officer may not exceed eight hours without the
approval of the commissioner or a designee. The commissioner may release the person without commencing
revocation proceedings or request a hearing before the hearings and release division.
History: 1998 c 367 art 7 s 12
629.36 PERMITTING BYSTANDER TO DELIVER ARRESTED PERSON TO PEACE OFFICER.
When a bystander arrests a person for breach of the peace, the bystander may deliver that person to a
peace officer. The peace officer shall take the arrested person to a judge for criminal processing. When a
public offense is committed in the presence of a judge, the judge may, by written or verbal order, command
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any person to arrest the offender, and then proceed as if the offender had been brought before the court on
a warrant of arrest.
History: (10572) RL s 5231; 1983 c 359 s 129; 1985 c 265 art 10 s 1
629.361 PEACE OFFICERS RESPONSIBLE FOR CUSTODY OF STOLEN PROPERTY.
A peace officer arresting a person charged with committing or aiding in the committing of a robbery,
aggravated robbery, carjacking, or theft shall use reasonable diligence to secure the property alleged to have
been stolen. After seizure of the property, the officer shall be answerable for it while it remains in the officer's
custody. The officer shall annex a schedule of the property to the return of the warrant. Upon request of the
county attorney, the law enforcement agency that has custody of the property alleged to have been stolen
shall deliver the property to the custody of the county attorney for use as evidence at an omnibus hearing
or at trial. The county attorney shall make a receipt for the property and be responsible for the property while
it is in the county attorney's custody. When the offender is convicted, whoever has custody of the property
shall turn it over to the owner.
History: (10376) RL s 5095; 1965 c 35 s 11; 1985 c 265 art 10 s 1; 1986 c 444; 2023 c 52 art 20 s 33
629.362 RECAPTURED ESCAPED INMATE; TERM OF IMPRISONMENT.
A prisoner in custody under sentence of imprisonment who escapes from custody may be recaptured
and imprisoned for a term equal to the unexpired portion of the original term.
History: (10006) RL s 4821; 1985 c 265 art 10 s 1
629.363 RAILWAY CONDUCTOR; AUTHORITY TO ARREST.
A conductor of a railway train may arrest a person committing an act upon the train prohibited by sections
609.681, 609.72, and 609.855, subdivision 1, with or without a warrant, and take that person to the proper
law enforcement authorities, or to the station agent at the next railway station. The station agent shall take
the arrested person to the law enforcement authorities. A conductor or station agent possesses the powers
of a sheriff with a warrant in making arrests under this chapter.
History: (10297) RL s 5027; 1963 c 753 art 2 s 11; 1983 c 359 s 130; 1985 c 265 art 10 s 1; 1989 c 5
s 17
629.364 ARRESTS FOR SWINDLING.
(a) The following persons shall arrest, with or without a warrant, a person found committing an offense
described in section 609.52, subdivision 2, paragraph (a), clause (4):
(1) a conductor or other employee on a railway car or train;
(2) a captain, clerk, or other employee on a boat;
(3) a station agent at a depot;
(4) an officer of a fair or fairground; or
(5) a proprietor or employee of a public resort.
(b) A person not required to make an arrest under paragraph (a) may arrest, with or without a warrant,
a person found committing an offense described in section 609.52, subdivision 2, paragraph (a), clause (4).
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(c) A person making an arrest under paragraph (a) or (b) shall take the arrested person to the proper law
enforcement authorities and have a written complaint issued against that person. A person making an arrest
under paragraph (a) or (b) has the same authority in all respects as a peace officer with a warrant, including
the power to summon assistance. The person shall also arrest the person injured by reason of the offense,
and take that person before a court, which shall require that person to give security for appearance as a
witness on trial of the case.
(d) A victim of an offense described in section 609.52 who testifies at trial against the person arrested
for the offense shall receive the fee for travel and attendance provided in section 357.24.
History: (10220) RL s 4970; 1965 c 51 s 84; 1983 c 359 s 131; 1985 c 265 art 10 s 1; 1986 c 444; 2020
c 83 art 1 s 99
629.365 DEFINITIONS.
Subdivision 1. Applicability. In this section and section 629.366, the terms defined in this section have
the meanings given them.
Subd. 2. Merchant. "Merchant" means a person who owns, possesses, or controls personal property
with authority to sell it in the regular course of business at retail or wholesale.
Subd. 3. Person. "Person" includes an individual, a partnership, corporation, or association.
History: 1957 c 805 s 1; 1985 c 265 art 10 s 1
629.366 THEFT IN BUSINESS ESTABLISHMENTS; DETAINING SUSPECTS.
Subdivision 1. Circumstances justifying detention. (a) A merchant or merchant's employee may detain
a person if the merchant or employee has reasonable cause to believe:
(1) that the person has taken, or is taking, an article of value without paying for it, from the possession
of the merchant in the merchant's place of business or from a vehicle or premises under the merchant's
control;
(2) that the taking is done with the intent to wrongfully deprive the merchant of the property or the use
or benefit of it; or
(3) that the taking is done with the intent to appropriate the use of the property to the taker or any other
person.
(b) Subject to the limitations in paragraph (a), a merchant or merchant's employee may detain a person
for any of the following purposes:
(1) to require the person to provide identification or verify identification;
(2) to inquire as to whether the person possesses unpurchased merchandise taken from the merchant
and, if so, to receive the merchandise;
(3) to inform a peace officer; or
(4) to institute criminal proceedings against the person.
(c) The person detained shall be informed promptly of the purpose of the detention and may not be
subjected to unnecessary or unreasonable force, nor to interrogation against the person's will. A merchant
or merchant's employee may not detain a person for more than one hour unless:
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(1) the merchant or employee is waiting to surrender the person to a peace officer, in which case the
person may be detained until a peace officer has accepted custody of or released the person; or
(2) the person is a minor, or claims to be, and the merchant or employee is waiting to surrender the
minor to a peace officer or the minor's parent, guardian, or custodian, in which case the minor may be
detained until the peace officer, parent, guardian, or custodian has accepted custody of the minor.
(d) If at any time the person detained requests that a peace officer be summoned, the merchant or
merchant's employee must notify a peace officer immediately.
Subd. 2. Arrest. Upon a charge being made by a merchant or merchant's employee, a peace officer may
arrest a person without a warrant, if the officer has reasonable cause for believing that the person has
committed or attempted to commit the offense described in subdivision 1.
Subd. 3. Immunity. No merchant, merchant's employee, or peace officer is criminally or civilly liable
for any action authorized under subdivision 1 or 2 if the arresting person's action is based upon reasonable
cause.
History: 1957 c 805 s 2; 1985 c 265 art 10 s 1; 1986 c 405 s 1,2; 1986 c 444
629.37 WHEN PRIVATE PERSON MAY MAKE ARREST.
A private person may arrest another:
(1) for a public offense committed or attempted in the arresting person's presence;
(2) when the person arrested has committed a felony, although not in the arresting person's presence;
or
(3) when a felony has in fact been committed, and the arresting person has reasonable cause for believing
the person arrested to have committed it.
History: (10573) RL s 5232; 1985 c 265 art 10 s 1
629.38 PRIVATE PERSON TO DISCLOSE CAUSE OF ARREST.
Before making an arrest a private person shall inform the person to be arrested of the cause of the arrest
and require the person to submit. The warning required by this section need not be given if the person is
arrested while committing the offense or when the person is arrested on pursuit immediately after committing
the offense. If a person has committed a felony, a private person may break open an outer or inner door or
window of a dwelling house to make the arrest if, before entering, the private person informs the person to
be arrested of the intent to make the arrest and the private person is then refused admittance.
History: (10574) RL s 5233; 1985 c 265 art 10 s 1; 1986 c 444
629.39 PRIVATE PERSON MAKING ARREST TO DELIVER ARRESTEE TO JUDGE OR PEACE
OFFICER.
A private person who arrests another for a public offense shall take the arrested person before a judge
or to a peace officer without unnecessary delay. If a person arrested escapes, the person from whose custody
the person has escaped may immediately pursue and retake the escapee, at any time and in any place in the
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state. For that purpose, the pursuer may break open any door or window of a dwelling house if the pursuer
informs the escapee of the intent to arrest the escapee and the pursuer is refused admittance.
History: (10575) RL s 5234; 1983 c 359 s 132; 1985 c 265 art 10 s 1; 1986 c 444
629.40 ALLOWING ARRESTS ANYWHERE IN STATE.
Subdivision 1. Definition. In this section "peace officer" has the meaning given it in section 626.84,
subdivision 1, paragraph (c).
Subd. 2. Out of jurisdiction arrests. In any case in which a person licensed under section 626.84,
subdivision 1, may by law, either with or without a warrant, arrest a person for a criminal offense committed
within the jurisdiction of the officer, and the person to be arrested escapes from or is out of the county,
statutory or home rule charter city, or town, the officer may pursue and apprehend the person to be arrested
anywhere in this state.
Subd. 3. Authority for arrests outside jurisdiction. When a person licensed under section 626.84,
subdivision 1, in obedience to the order of a court or in the course and scope of employment or in fresh
pursuit as provided in subdivision 2, is outside of the person's jurisdiction, the person is serving in the regular
line of duty as fully as though the service was within the person's jurisdiction.
Subd. 4. Off-duty arrests outside jurisdiction. A peace officer, as defined in section 626.84, subdivision
1, paragraph (c), who is off duty and outside of the jurisdiction of the appointing authority but within this
state may act pursuant to section 629.34 when and only when confronted with circumstances that would
permit the use of deadly force under section 609.066. Nothing in this subdivision limits an officer's authority
to arrest as a private person. Nothing in this subdivision shall be construed to restrict the authority of a
political subdivision to limit the exercise of the power and authority conferred on its peace officers by this
subdivision.
Subd. 5. [Repealed, 1993 c 326 art 7 s 22]
History: (10575-1) 1927 c 256 s 1; 1955 c 252 s 1; 1973 c 123 art 5 s 7; 1985 c 84 s 5; 1985 c 265 art
10 s 1; art 12 s 1; 1987 c 83 s 2
629.401 DELAYING TO TAKE PRISONER BEFORE JUDGE.
A peace officer or other person who willfully and wrongfully delays taking an arrested person before a
judge having appropriate criminal jurisdiction is guilty of a gross misdemeanor.
History: (10029) RL s 4844; 1983 c 359 s 133; 1985 c 265 art 10 s 1
629.402 ARREST WITHOUT AUTHORITY.
It is a gross misdemeanor for a public officer, or one pretending to be a public officer, knowingly and
under the pretense or color of any process (1) to arrest a person or detain a person against the person's will,
(2) to seize or levy upon any property, or (3) to dispossess any one of lands or tenements, without a regular
process for those actions.
History: (10030) RL s 4845; 1985 c 265 art 10 s 1; 1986 c 444
629.403 REFUSAL TO AID IN MAKING ARREST.
A person who willfully neglects or refuses to arrest another person after having been lawfully directed
to do so by a judge is guilty of a misdemeanor.
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A person who willfully neglects or refuses to aid a peace officer after being lawfully directed to aid the
officer (1) in making an arrest, (2) in retaking a person who has escaped from custody, or (3) in executing
a legal process is guilty of a misdemeanor.
History: (10032) RL s 4847; 1983 c 359 s 134; 1985 c 265 art 10 s 1
629.404 COUNTIES OR MUNICIPALITIES CAUSING ARREST; REQUIRING RETURN
TRANSPORTATION.
Subdivision 1. Return transportation. A county or municipality which causes to be issued a warrant
for arrest for a person under section 629.41 and rules 3.01 and 19.01 of the Rules of Criminal Procedure,
shall furnish return transportation, upon request to the person arrested. The person must be transported to
the municipality or township of residence in Minnesota after a trial or final hearing on the matter.
Subd. 2. Exceptions. This section does not apply:
(1) to arrests made outside the state pursuant to sections 629.01 to 629.291;
(2) if the person is convicted or pleads guilty to any offense; or
(3) if the arrest is made under section 629.61.
History: 1971 c 908 s 1,2; 1Sp1981 c 4 art 1 s 185; 1985 c 265 art 10 s 1; 1986 c 444
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
WARRANTS; BAIL; RELEASE
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
629.415 PROCEEDINGS ON SUMMONS TO APPEAR.
Subdivision 1. Issuance of summons to appear. A court may issue a summons in accordance with rule
3.01 of the Rules of Criminal Procedure to notify a person charged with a criminal offense of the need to
appear at a certain time and place to answer the charge.
Subd. 2. Service of summons. A summons may be served in accordance with rule 3.03 of the Rules of
Criminal Procedure. The court shall record the manner in which the summons was served and, if the summons
was served by mailing it to the defendant's last known address, the court shall record whether the summons
was returned as undeliverable.
Subd. 3. Failure to appear; issuance of a sign and release warrant. (a) Unless a prosecutor makes
the showing described in subdivision 4, the court shall issue a sign and release warrant if:
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(1) the court issued a summons;
(2) the summons was served by mailing it to the defendant's last known address and was returned as
undeliverable;
(3) the defendant failed to appear at the time and place identified in the summons;
(4) the defendant had not previously failed to appear in the same case; and
(5) the defendant is charged with a misdemeanor offense other than a targeted misdemeanor, as defined
in section 299C.10, subdivision 1, or a gross misdemeanor offense other than a violation of section 169A.20
(driving while impaired); 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.2231
(fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.3451 (fifth-degree
criminal sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of
a child); 609.748, subdivision 6 (violation of harassment restraining order); 609.749 (harassment or stalking);
609.78, subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination of
private sexual images); or 629.75 (violation of domestic abuse no contact order).
(b) A sign and release warrant shall not require the defendant to post bail or comply with any other
conditions of release. A sign and release warrant does not authorize the arrest of the defendant.
(c) Any court record provided or made available to a law enforcement agency shall indicate that the
warrant is a sign and release warrant.
Subd. 4. When bail may be required. The court may issue a warrant that requires the defendant to post
bail or comply with other conditions of release if a prosecutor shows, by a preponderance of the evidence,
that bail is necessary:
(1) for the safety of a victim;
(2) because a defendant poses a risk to public safety; or
(3) because the defendant otherwise poses a danger to self or others.
Subd. 5. Sign and release warrant; law enforcement duties. (a) When a peace officer encounters a
defendant who is the subject of a sign and release warrant, the officer shall inform the defendant of the
missed court appearance and provide a new notice that includes a time to appear.
(b) Notice of the new time to appear shall be made in writing and must include the court file number or
the warrant number. The defendant may be asked to sign a form acknowledging receipt of the notice. A
defendant may not be required to sign the acknowledgment, but the peace officer or other employee may
indicate that a notice was given and that the defendant refused to sign.
(c) After providing the notice, the peace officer shall release the defendant at the scene.
(d) As soon as practicable after providing the notice, the peace officer shall:
(1) inactivate the warrant or direct the appropriate office or department to inactivate the warrant; and
(2) submit a form or other notification that can be filed in the court's electronic filing system that includes
the court case number, updates the defendant's personal contact information, and indicates that the defendant
received notice of the new time to appear.
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Subd. 6. Exception; lawful arrest. Nothing in this section prohibits a peace officer from arresting a
defendant for any lawful reason.
Subd. 7. Procedure to notify peace officers; scheduling new court dates. (a) By January 1, 2024, the
sheriff of every county, in coordination with the district court of that county, shall develop a procedure to
inform peace officers about the type of warrant issued by the court and provide hearing dates for sign and
release warrants.
(b) At a minimum, the procedure shall include:
(1) an office, department, or other entity that a peace officer can contact at any time to determine the
type of warrant issued by a court;
(2) if the warrant is a sign and release warrant, the ability to obtain an updated time for a defendant to
appear to answer the charge;
(3) the ability to inactivate a sign and release warrant after a defendant has been notified of the new time
to appear; and
(4) the ability to submit a form or other notification to the court's electronic filing system updating the
defendant's personal contact information and indicating that the defendant received notice of the new time.
(c) The sheriff may develop forms to provide defendants with notice of the new time to appear.
History: 1Sp2021 c 11 art 9 s 30
NOTE: This section, as added by Laws 2021, First Special Session chapter 11, article 9, section 30,
applies to warrants issued on or after January 1, 2024. Laws 2021, First Special Session chapter 11, article
3, section 30, the effective date.
629.42 [Repealed, 1979 c 233 s 42]
629.43 [Repealed, 1979 c 233 s 42]
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
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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
629.46 [Repealed, 1979 c 233 s 42]
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
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
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
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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
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
629.50 [Repealed, 1979 c 233 s 42]
629.51 [Repealed, 1979 c 233 s 42]
629.52 [Repealed, 1979 c 233 s 42]
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
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
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,
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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
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
629.56 [Repealed, 1983 c 359 s 151]
629.57 [Repealed, 1979 c 233 s 42]
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
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
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:
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(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
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
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
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.
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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
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
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
629.66 [Repealed, 1983 c 359 s 151]
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
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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
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
629.69 [Repealed, 1994 c 636 art 8 s 22]
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
629.71 [Repealed, 1983 c 359 s 151]
629.715 RELEASE IN CASES INVOLVING CRIMES AGAINST PERSONS; SURRENDER OF
FIREARMS.
Subdivision 1. Judicial review; release. (a) When a person is arrested for a crime against the person,
the judge before whom the arrested person is taken shall review the facts surrounding the arrest and detention.
If the person was arrested or detained for committing a crime of violence, as defined in section 629.725, the
prosecutor or other appropriate person shall present relevant information involving the victim or the victim's
family's account of the alleged crime to the judge to be considered in determining the arrested person's
release. The arrested person must be ordered released pending trial or hearing on the person's personal
recognizance or on an order to appear or upon the execution of an unsecured bond in a specified amount
unless the judge determines that release (1) will be inimical to public safety, (2) will create a threat of bodily
harm to the arrested person, the victim of the alleged crime, or another, or (3) will not reasonably assure the
appearance of the arrested person at subsequent proceedings.
(b) If the judge determines release under paragraph (a) is not advisable, the judge may impose any
conditions of release that will reasonably assure the appearance of the person for subsequent proceedings,
or will protect the victim of the alleged crime, or may fix the amount of money bail without other conditions
upon which the arrested person may obtain release.
Subd. 2. Surrender of firearms. The judge may order as a condition of release that the person surrender
to the local law enforcement agency all firearms, destructive devices, or dangerous weapons owned or
possessed by the person, and may not live in a residence where others possess firearms. Any firearm,
destructive device, or dangerous weapon surrendered under this subdivision shall be inventoried and retained,
with due care to preserve its quality and function, by the local law enforcement agency, and must be returned
to the person upon the person's acquittal, when charges are dismissed, or if no charges are filed. If the person
is convicted, the firearm must be returned when the court orders the return or when the person is discharged
from probation and restored to civil rights. If the person is convicted of a designated offense as defined in
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section 609.531, the firearm is subject to forfeiture as provided under that section. This condition may be
imposed in addition to any other condition authorized by rule 6.02 of the Rules of Criminal Procedure.
Subd. 3. Written order. If conditions of release are imposed, the judge shall issue a written order for
conditional release. The court administrator shall immediately distribute a copy of the order for conditional
release to the agency having custody of the arrested person and shall provide the agency having custody of
the arrested person with any available information on the location of the victim in a manner that protects
the victim's safety. Either the court or its designee or the agency having custody of the arrested person shall
serve upon the defendant a copy of the order. Failure to serve the arrested person with a copy of the order
for conditional release does not invalidate the conditions of release.
Subd. 4. No contact order. If the judge imposes as a condition of release a requirement that the person
have no contact with the victim of the alleged crime, the judge may also, on its own motion or that of the
prosecutor or on request of the victim, issue an ex parte temporary restraining order under section 609.748,
subdivision 4, or an ex parte temporary order for protection under section 518B.01, subdivision 7.
Notwithstanding section 518B.01, subdivision 7, paragraph (b), or 609.748, subdivision 4, paragraph (c),
the temporary order is effective until the defendant is convicted or acquitted, or the charge is dismissed,
provided that upon request the defendant is entitled to a full hearing on the restraining order under section
609.748, subdivision 5, or on the order for protection under section 518B.01. The hearing must be held
within seven days of the defendant's request.
History: 1994 c 636 art 3 s 43; 1995 c 226 art 7 s 19; 1995 c 244 s 39
629.72 BAIL; DOMESTIC ABUSE; HARASSMENT; VIOLATION OF ORDER FOR PROTECTION;
OR NO CONTACT ORDER.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings
given them.
(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.
(c) "Harass" and "stalking" have the meanings given in section 609.749.
(d) "Violation of a domestic abuse no contact order" has the meaning given in section 629.75.
(e) "Violation of an order for protection" has the meaning given in section 518B.01, subdivision 14.
Subd. 1a. Detention in lieu of citation; release. (a) Notwithstanding any other law or rule, an arresting
officer may not issue a citation in lieu of arrest and detention to an individual charged with harassing or
stalking, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact
order.
(b) Notwithstanding any other law or rule, an individual who is arrested on a charge of harassing or
stalking any person, domestic abuse, violation of an order for protection, or violation of a domestic abuse
no contact order, must be brought to the police station or county jail. The officer in charge of the police
station or the county sheriff in charge of the jail shall issue a citation in lieu of continued detention unless
it reasonably appears to the officer or sheriff that release of the person (1) poses a threat to the alleged victim
or another family or household member, (2) poses a threat to public safety, or (3) involves a substantial
likelihood the arrested person will fail to appear at subsequent proceedings.
(c) If the arrested person is not issued a citation by the officer in charge of the police station or the county
sheriff, the arrested person must be brought before the nearest available judge of the district court in the
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county in which the alleged harassing or stalking, domestic abuse, violation of an order for protection, or
violation of a domestic abuse no contact order took place without unnecessary delay as provided by court
rule.
Subd. 2. Judicial review; release; bail. (a) The judge before whom the arrested person is brought shall
review the facts surrounding the arrest and detention of a person arrested for domestic abuse, harassing or
stalking, violation of an order for protection, or violation of a domestic abuse no contact order. The prosecutor
or prosecutor's designee shall present relevant information involving the victim's or the victim's family's
account of the alleged crime to the judge to be considered in determining the arrested person's release. In
making a decision concerning pretrial release conditions of a person arrested for domestic abuse, harassing
or stalking, violation of an order for protection, or violation of a domestic abuse no contact order, the judge
shall review the facts of the arrest and detention of the person and determine whether: (1) release of the
person poses a threat to the alleged victim, another family or household member, or public safety; or (2)
there is a substantial likelihood the person will fail to appear at subsequent proceedings. Before releasing a
person arrested for or charged with a crime of domestic abuse, harassing or stalking, violation of an order
for protection, or violation of a domestic abuse no contact order, the judge shall make findings on the record,
to the extent possible, concerning the determination made in accordance with the factors specified in clauses
(1) and (2).
(b) The judge may impose conditions of release or bail, or both, on the person to protect the alleged
victim or other family or household members and to ensure the appearance of the person at subsequent
proceedings. These conditions may include an order:
(1) enjoining the person from threatening to commit or committing acts of domestic abuse or harassing
or stalking against the alleged victim or other family or household members or from violating an order for
protection or a domestic abuse no contact order;
(2) prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating
with the alleged victim, either directly or indirectly;
(3) directing the person to vacate or stay away from the home of the alleged victim and to stay away
from any other location where the alleged victim is likely to be;
(4) prohibiting the person from possessing a firearm or other weapon specified by the court;
(5) prohibiting the person from possessing or consuming alcohol or controlled substances; and
(6) specifying any other matter required to protect the safety of the alleged victim and to ensure the
appearance of the person at subsequent proceedings.
(c) If conditions of release are imposed, the judge shall issue a written order for conditional release. The
court administrator shall immediately distribute a copy of the order for conditional release to the agency
having custody of the arrested person and shall provide the agency having custody of the arrested person
with any available information on the location of the victim in a manner that protects the victim's safety.
Either the court or its designee or the agency having custody of the arrested person shall serve upon the
defendant a copy of the order. Failure to serve the arrested person with a copy of the order for conditional
release does not invalidate the conditions of release.
(d) If the judge imposes as a condition of release a requirement that the person have no contact with the
alleged victim, the judge may also, on its own motion or that of the prosecutor or on request of the victim,
issue an ex parte temporary restraining order under section 609.748, subdivision 4, or an ex parte temporary
order for protection under section 518B.01, subdivision 7. Notwithstanding section 518B.01, subdivision
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7, paragraph (b), or 609.748, subdivision 4, paragraph (c), the temporary order is effective until the defendant
is convicted or acquitted, or the charge is dismissed, provided that upon request the defendant is entitled to
a full hearing on the restraining order under section 609.748, subdivision 5, or on the order for protection
under section 518B.01. The hearing must be held within seven days of the defendant's request.
Subd. 2a. Electronic monitoring; condition of pretrial release; pilot project. (a) Until a judicial
district has adopted standards under paragraph (b) governing electronic monitoring devices used to protect
victims of domestic abuse, a court within the judicial district, as a condition of release, may not order a
person arrested for a crime described in section 609.135, subdivision 5a, paragraph (b), to use an electronic
monitoring device to protect a victim's safety.
(b) The chief judge of a judicial district may appoint and convene an advisory group to develop and
biennially update standards for the use of electronic monitoring and global positioning system devices to
protect victims of domestic abuse. The advisory group must be comprised of representatives from law
enforcement, prosecutors, defense attorneys, corrections, court administrators, probation, judges, and crime
victim organizations, and include an industry representative with expertise in global positioning system
devices. At a minimum, the standards must:
(1) require a judge to order only the use of active, real-time monitoring;
(2) require that the victim and defendant be provided with information on the risks and benefits of using
active, real-time monitoring and a notice outlining the district's standards;
(3) require informed, voluntary consent by the victim before the defendant may be released on electronic
monitoring, and provide for time-sensitive procedures if a victim withdraws consent;
(4) address financial costs, accessibility, and implications to the defendants and victims;
(5) provide for ongoing training and consultation with the advisory group members to continually
improve victim safety and defendant accountability; and
(6) require that in situations involving a victim and defendant who are both mobile, the monitoring
entity, and not the victim, determines if a material violation may have occurred and how to respond.
(c) The location data associated with the victim and defendant are security information as defined in
section 13.37. Location data maintained by a law enforcement agency, probation authority, prosecutorial
agency, or court services department may be shared among those agencies to develop and monitor conditions
of release under this section.
(d) A violation of a location restriction by a defendant in a situation involving a victim and defendant
who are both mobile does not automatically constitute a violation of the conditions of the defendant's release.
[See Note.]
Subd. 3. Release. If the arrested person is not issued a citation by the officer in charge of the police
station or the county sheriff pursuant to subdivision 1, and is not brought before a judge within the time
limits prescribed by court rule, the arrested person shall be released by the arresting authorities, and a citation
must be issued in lieu of continued detention.
Subd. 4. Service; restraining order or order for protection. If a restraining order is issued under
section 609.748 or an order for protection is issued under section 518B.01 while the arrested person is still
in detention, the order must be served upon the arrested person during detention if possible.
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Subd. 5. Violations; conditions of release. The judge who released the arrested person shall issue a
warrant directing that the person be arrested and taken immediately before the judge, if the judge:
(1) receives an application alleging that the arrested person has violated the conditions of release; and
(2) finds that probable cause exists to believe that the conditions of release have been violated.
Subd. 6. Notice; release of arrested person. (a) Immediately after issuance of a citation in lieu of
continued detention under subdivision 1, or the entry of an order for release under subdivision 2, but before
the arrested person is released, the agency having custody of the arrested person or its designee must make
a reasonable and good faith effort to inform orally the alleged victim, local law enforcement agencies known
to be involved in the case, if different from the agency having custody, and, at the victim's request any local
battered women's and domestic abuse programs established under section 611A.32 or sexual assault programs
of:
(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 person and the victim's
right to be present at the court appearance; and
(4) if the arrested person is charged with domestic abuse, the location and telephone number of the area
program that provides services to victims of domestic abuse as designated by the Office of Justice Programs
in the Department of Public Safety.
(b) As soon as practicable after an order for conditional release is entered, the agency having custody
of the arrested person or its designee must personally deliver or mail to the alleged victim a copy of the
written order and written notice of the information in paragraph (a), clauses (2) and (3).
(c) 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.
Subd. 7. Notice to victim regarding bail hearing. (a) When a person arrested for or a juvenile detained
for domestic assault or harassing or stalking is scheduled to be reviewed under subdivision 2 for release
from pretrial detention, the court shall make a reasonable good faith effort to notify:
(1) the victim of the alleged crime;
(2) if the victim is incapacitated or deceased, the victim's family; and
(3) if the victim is a minor, the victim's parent or guardian.
(b) 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.
History: 1978 c 724 s 3; 1983 c 226 s 2; 1984 c 433 s 2,3; 1985 c 265 art 10 s 1; 1986 c 444; 1987 c
115 s 1-3; 1991 c 272 s 17; 1992 c 571 art 6 s 24; 1993 c 326 art 2 s 31; 1995 c 226 art 7 s 20-22; 1996 c
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380 s 1-3; 2000 c 445 art 2 s 29; 1Sp2001 c 8 art 10 s 18; 2010 c 299 s 11,12; 2013 c 34 s 5-9; 2014 c 263
s 2; 1Sp2019 c 5 art 2 s 29; 2023 c 52 art 5 s 76
NOTE: The amendment to subdivision 2a by Laws 2014, chapter 263, section 2, expired August 1,
2017. Laws 2014, chapter 263, section 2, the effective date.
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
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.
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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
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
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
DOMESTIC ABUSE NO CONTACT ORDER
629.75 DOMESTIC ABUSE NO CONTACT ORDER.
Subdivision 1. Establishment; description. (a) A domestic abuse no contact order is an order issued
by a court against a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding
for:
(1) domestic abuse as defined in section 518B.01, subdivision 2;
(2) harassment or stalking under section 609.749 when committed against a family or household member
as defined in section 518B.01, subdivision 2;
(3) violation of an order for protection under section 518B.01, subdivision 14; or
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(4) violation of a prior domestic abuse no contact order under this section or Minnesota Statutes 2008,
section 518B.01, subdivision 22.
(b) A domestic abuse no contact order may be issued as a pretrial order before final disposition of the
underlying criminal case or as a postconviction probationary order. A domestic abuse no contact order is
independent of any condition of pretrial release or probation imposed on the defendant. A domestic abuse
no contact order may be issued in addition to a similar restriction imposed as a condition of pretrial release
or probation. In the context of a postconviction probationary order, a domestic abuse no contact order may
be issued for an offense listed in paragraph (a) or for a conviction for any offense arising out of the same
set of circumstances as an offense listed in paragraph (a).
(c) A no contact order under this section shall be issued in a proceeding that is separate from but held
immediately following a proceeding in which any pretrial release or sentencing issues are decided.
Subd. 2. Criminal penalties. (a) As used in this subdivision "qualified domestic violence-related offense"
has the meaning given in section 609.02, subdivision 16.
(b) Except as otherwise provided in paragraphs (c) and (d), a person who knows of the existence of a
domestic abuse no contact order issued against the person and violates the order is guilty of a misdemeanor.
(c) A person is guilty of a gross misdemeanor who violates this subdivision within ten years of a previous
qualified domestic violence-related offense conviction or adjudication of delinquency. Upon a gross
misdemeanor conviction under this paragraph, the defendant must be sentenced to a minimum of ten days'
imprisonment and must be ordered to participate in counseling or other appropriate programs selected by
the court as provided in section 518B.02. Notwithstanding section 609.135, the court must impose and
execute the minimum sentence provided in this paragraph for gross misdemeanor convictions.
(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both, if the person violates this subdivision:
(1) within ten years of the first of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency; or
(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6. Upon a felony
conviction under this paragraph in which the court stays imposition or execution of sentence, the court shall
impose at least a 30-day period of incarceration as a condition of probation. The court also shall order that
the defendant participate in counseling or other appropriate programs selected by the court. Notwithstanding
section 609.135, the court must impose and execute the minimum sentence provided in this paragraph for
felony convictions.
Subd. 2a. Venue. A person may be prosecuted under subdivision 2 at the place where any call is made
or received or, in the case of wireless or electronic communication or any communication made through
any available technologies, where the actor or victim resides, or in the jurisdiction of the victim's designated
address if the victim participates in the address confidentiality program established under chapter 5B.
Subd. 3. Warrantless custodial arrest. A peace officer shall arrest without a warrant and take into
custody a person whom the peace officer has probable cause to believe has violated a domestic abuse no
contact order, even if the violation of the order did not take place in the presence of the peace officer, if the
existence of the order can be verified by the officer. The person shall be held in custody for at least 36 hours,
excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial
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Revisor of Statutes
629.75MINNESOTA STATUTES 202341
officer. A peace officer acting in good faith and exercising due care in making an arrest pursuant to this
subdivision is immune from civil liability that might result from the officer's actions.
History: 2010 c 299 s 13,14; 2013 c 47 s 5,6
Official Publication of the State of Minnesota
Revisor of Statutes
42MINNESOTA STATUTES 2023629.75