1. When the attendance of a principal confined in the custody of the sheriff is required at the criminal action or proceeding at a particular time and place, the court may compel such attendance by directing the sheriff to produce the principal at such time and place. If the principal is at liberty on the principal's own recognizance or non-monetary conditions or on bail, the principal's attendance may be achieved or compelled by various methods, including notification and the issuance of a bench warrant, prescribed by law in provisions governing such matters with respect to the particular kind of action or proceeding involved.
2. Except when the principal is charged with a new crime while at liberty, absent relevant, credible evidence demonstrating that a principal's failure to appear for a scheduled court appearance was willful, the court, prior to issuing a bench warrant for a failure to appear for a scheduled court appearance, shall provide at least forty-eight hours notice to the principal or the principal's counsel that the principal is required to appear, in order to give the principal an opportunity to appear voluntarily.
Subd. 1: If a principal confined in the sheriff's custody is needed in court, the court may direct the sheriff to produce him. If he's at liberty (ROR/conditions/bail), attendance may be compelled by methods including notification and a bench warrant.
Subd. 2:Except when the principal is charged with a new crime while at liberty, and absent credible evidence the failure to appear was willful, the court — before issuing a bench warrant for a missed appearance — must give at least 48 hours' notice to the principal or counsel to allow a voluntary appearance. ★
★ Exam hits:
The controlling standard is risk of flight / reasonably assuring return to court — NOT dangerousness. The court must make an individualized determination and explain it on the record or in writing.
ROR is the default (§ 510.10(3)); bail or remand is available only for a listed "qualifying offense" (§ 510.10(4)), and remand (commit to sheriff) only for a qualifying-offense felony.
Youth detention (§ 510.15): under 16 → juvenile detention facility; 16 (2018) / 16–17 (2019) → specialized secure facility for older youth; a youth charged solely with a violation may not be detained.
Electronic monitoring: max 60 days, renewable; only via public/non-profit entities, never private for-profit; monitored defendant is deemed "in custody" for § 180.80.
Violating a non-monetary condition requires a finding by clear and convincing evidence before adding conditions.
§ 510.50: at least 48 hours' notice before a bench warrant for a missed appearance — except when charged with a new crime while at liberty or the failure was willful.
Nominal-bail request (§ 510.10(5)): court shall set nominal bail on a voluntary defense request even where bail wasn't otherwise ordered.
Verbatim statute: CPL - Article 510
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.