HF 357

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; expanding the scope of the Camp 
  1.3             Ripley work program law to include chemically 
  1.4             dependent offenders and offenders convicted of 
  1.5             domestic abuse; amending Minnesota Statutes 1998, 
  1.6             section 609.113, subdivisions 1, 2, 3, and 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.113, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [MANDATORY SENTENCE.] (a) Except as 
  1.11  provided in paragraph (b), if a court stays the imposition or 
  1.12  execution of sentence under section 609.135 for an adult male 
  1.13  who is convicted of a first- or second-time nonviolent felony 
  1.14  offense, and who has never been previously convicted of or 
  1.15  adjudicated for committing an offense against the person, other 
  1.16  than a conviction for domestic abuse, the court, in addition to 
  1.17  any other intermediate sanctions ordered and as a condition of 
  1.18  probation, shall order the person to satisfactorily complete the 
  1.19  work program for the period of time specified in subdivision 4, 
  1.20  paragraph (a). 
  1.21     If the work program is full at the time of sentencing, the 
  1.22  court may sentence the person to any sentence authorized in 
  1.23  section 609.10 or 609.135.  The court may sentence the person to 
  1.24  the program and require that the person be placed in the program 
  1.25  when an opening occurs. 
  1.26     (b) If the court determines, based on substantial and 
  2.1   compelling reasons, that a person described in paragraph (a) 
  2.2   would receive a more appropriate sanction and level of care 
  2.3   through an alternative disposition using local correctional 
  2.4   resources, the court may sentence the person to a disposition 
  2.5   not involving the work program notwithstanding paragraph (a).  
  2.6   This sentence must include a sanction of equivalent or greater 
  2.7   severity as the work program. 
  2.8      If a court sentences a person under this paragraph, the 
  2.9   court shall make written findings as to the reasons for not 
  2.10  using the work program.  The court shall forward these findings, 
  2.11  including the alternative sentence imposed, to the sentencing 
  2.12  guidelines commission. 
  2.13     Sec. 2.  Minnesota Statutes 1998, section 609.113, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  [PERMISSIVE SENTENCE.] A court may sentence a 
  2.16  person who has never previously been convicted of or adjudicated 
  2.17  for committing an offense against the person, other than a 
  2.18  conviction for domestic abuse, to satisfactorily complete the 
  2.19  work program for a period of time authorized in subdivision 4, 
  2.20  paragraph (b), if the person: 
  2.21     (1) is convicted of a nonviolent felony offense other than 
  2.22  a first- or second-time nonviolent felony offense and the court 
  2.23  is staying the imposition or execution of sentence under section 
  2.24  609.135; or 
  2.25     (2) is convicted of a nonviolent gross misdemeanor offense. 
  2.26  This sentence may be in addition to any other sanctions ordered 
  2.27  by the court. 
  2.28     Sec. 3.  Minnesota Statutes 1998, section 609.113, 
  2.29  subdivision 3, is amended to read: 
  2.30     Subd. 3.  [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 
  2.31  ineligible to be sentenced to the work program if: 
  2.32     (1) the court determines that the person has a debilitating 
  2.33  chemical dependency or serious mental health problem or the 
  2.34  person has a serious and chronic condition requiring ongoing and 
  2.35  continuous medical monitoring and treatment by a medical 
  2.36  professional; or 
  3.1      (2) the person has been convicted of a nonviolent felony or 
  3.2   gross misdemeanor offense after having initially been charged 
  3.3   with committing a crime against the person. 
  3.4      Sec. 4.  Minnesota Statutes 1998, section 609.113, 
  3.5   subdivision 6, is amended to read: 
  3.6      Subd. 6.  [DEFINITIONS.] For purposes of this section, the 
  3.7   following terms have the meaning given them. 
  3.8      (a) "Domestic abuse" has the meaning given in section 
  3.9   518B.01, subdivision 2. 
  3.10     (b) "Nonviolent felony offense" and "nonviolent gross 
  3.11  misdemeanor offense" include a violent offense that is a 
  3.12  violation of section 518B.01, subdivision 2, but do not include 
  3.13  other crimes against the person. 
  3.14     Sec. 5.  [EFFECTIVE DATE.] 
  3.15     Sections 1 to 4 are effective August 1, 1999, and apply to 
  3.16  crimes committed on or after that date.