Minnesota Statutes 611A.0311 – Domestic Abuse Prosecutions Plan and Procedures
Subdivision 1.Definitions.
(a) “Domestic abuse” has the meaning given in section 518B.01, subdivision 2.
Terms Used In Minnesota Statutes 611A.0311
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim advocate: work with prosecutors and assist the victims of a crime.
(b) “Domestic abuse case” means a prosecution for:
(1) a crime that involves domestic abuse;
(2) violation of a condition of release following an arrest for a crime that involves domestic abuse; or
(3) violation of a domestic abuse order for protection.
Subd. 2.Contents of plan.
Each county and city attorney shall develop and implement a written plan to expedite and improve the efficiency and just disposition of domestic abuse cases brought to the prosecuting authority. Domestic abuse advocates, law enforcement officials, and other interested members of the public must have an opportunity to assist in the development or adaptation of the plans in each jurisdiction. The commissioner shall make the plan and related training and technical assistance available to all city and county attorneys. All plans must state goals and contain policies and procedures to address the following matters:
(1) early assignment of a trial prosecutor who has the responsibility of handling the domestic abuse case through disposition, whenever feasible, or, where applicable, probation revocation; and early contact between the trial prosecutor and the victim;
(2) procedures to facilitate the earliest possible contact between the prosecutor’s office and the victim for the purpose of acquainting the victim with the criminal justice process, the use of subpoenas, the victim’s role as a witness in the prosecution, and the domestic abuse or victim services that are available;
(3) procedures to coordinate the trial prosecutor’s efforts with those of the domestic abuse advocate or victim advocate, where available, and to facilitate the early provision of advocacy services to the victim;
(4) procedures to encourage the prosecution of all domestic abuse cases where a crime can be proven;
(5) methods that will be used to identify, gather, and preserve evidence in addition to the victim’s in-court testimony that will enhance the ability to prosecute a case when a victim is reluctant to assist, including but not limited to physical evidence of the victim’s injury, evidence relating to the scene of the crime, eyewitness testimony, and statements of the victim made at or near the time of the injury;
(6) procedures for educating local law enforcement agencies about the contents of the plan and their role in assisting with its implementation;
(7) the use for subpoenas to victims and witnesses, where appropriate;
(8) procedures for annual review of the plan to evaluate whether it is meeting its goals effectively and whether improvements are needed; and
(9) a timetable for implementation.
Subd. 3.
[Repealed, 2014 c 212 art 1 s 15]