§ 609.6057

609.6057 GEOGRAPHIC RESTRICTION. Subdivision 1. Definition. As used in this section, 'geographic restriction' means a limitation prohibiting a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding from entering a designated property or geographic area. Subd. 2. Prohibited conduct; penalty. A person who knows of a geographic restriction order issued against the person and intentionally enters or remains in the restricted area is guilty of a misdemeanor. Subd. 3. Notice. (a) A geographic restriction may be issued as a pretrial order before final disposition of the underlying criminal case, as a postconviction probationary order, or both. A geographic restriction order is independent of any condition of pretrial release or probation imposed on the defendant. A geographic restriction order may be issued in addition to a similar restriction imposed as a condition of pretrial release or probation. (b) A court may issue a geographic restriction upon a finding that its issuance will serve the interests of protecting public safety or property. In making that determination, a court shall consider the following factors: (1) whether a defendant's presence in a

that its issuance will serve the interests of protecting public safety or property. In making that determination, a court shall consider the following factors: (1) whether a defendant's presence in a restricted area creates a risk to public safety or property; (2) a defendant's criminal history; (3) the likelihood of future criminal activity within the restricted area; and (4) any other factors deemed relevant by the court. (c) A court may grant any exceptions to a geographic restriction that it deems necessary in order to avoid the imposition of a significant hardship upon a defendant. In determining whether to grant an exception, a court shall also consider the impact of the exception on the interests of protecting public safety or property. (d) A geographic restriction order under this section shall be issued in a proceeding that is separate from but which may be held immediately following a proceeding in which any pretrial release or sentencing issues are decided. (e) A court issuing a geographic restriction order under this section shall notify a defendant: (1) of the area subject to a geographic restriction; and (2) that violation of the geographic restriction order is a

ssuing a geographic restriction order under this section shall notify a defendant: (1) of the area subject to a geographic restriction; and (2) that violation of the geographic restriction order is a crime. Subd. 4. Cancellation. (a) A court shall cancel a pretrial geographic restriction order at the final disposition of the underlying criminal case. (b) A court shall cancel a postconviction geographic restriction order when an offender completes a period of probationary supervision or is committed to the commissioner of corrections. (c) A court may cancel a postconviction geographic restriction order at any time during which an offender is under probationary supervision. History: 2017 c 95 art 3 s 19