HF 951

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to criminal justice; establishing policies relating to geographic
restrictions for offenders who commit controlled substance sales crimes;
providing for increased sentences for offenders who commit further drug sale
crimes in a restricted area; providing criminal penalties; amending Minnesota
Statutes 2006, sections 244.05, by adding a subdivision; 609.1095, by adding a
subdivision; 609.135, subdivision 1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin FINDINGS; PURPOSE.
new text end

new text begin In order to protect public safety, aid in rehabilitating offenders, aid in deterrence,
and reduce the risk of recidivism, it is the public policy of this state to impose intermediate
sanctions that include certain geographic restrictions on offenders convicted of controlled
substance sales crimes while on probation or supervised release. There is an overriding
government interest in protecting the public from the criminal and antisocial nature
of drug trafficking, limiting an offender's opportunities to return to criminal behavior,
isolating offenders from bad influences, and protecting and furthering normal, noncriminal
family and neighborhood life. Certain geographic restrictions on controlled substance
sales crime offenders are necessary to further these interests. The prevalence of controlled
substance sales, especially as conducted by repeat offenders, is substantially reduced by
placing geographic restrictions on offenders. Geographic restrictions are less restrictive
and burdensome than the authorized alternative of extended incarceration.
new text end

Sec. 2.

Minnesota Statutes 2006, section 244.05, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Geographic restrictions. new text end

new text begin If the sentencing court orders that a
geographic restriction be placed on an offender under section 609.135, subdivision 9, the
commissioner must order the restriction as a condition of supervised release.
new text end

Sec. 3.

Minnesota Statutes 2006, section 609.1095, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Increased sentence for offender who commits a drug sale crime in a
restricted area. new text end

new text begin If an offender commits a controlled substance sales crime in an area from
which the offender is banned or in an area in which the offender is restricted under section
609.135, subdivision 9, the court must at least double the presumptive sentence under the
sentencing guidelines, up to the statutory maximum.
new text end

Sec. 4.

Minnesota Statutes 2006, section 609.135, subdivision 1, is amended to read:

Subdivision 1.

Terms and conditions.

(a) Except when a sentence of life
imprisonment is required by law, or when a mandatory minimum sentence is required by
section 609.11, any court may stay imposition or execution of sentence and:

(1) may order intermediate sanctions without placing the defendant on probation; or

(2) may place the defendant on probation with or without supervision and on the
terms the court prescribes, including intermediate sanctions when practicable. The court
may order the supervision to be under the probation officer of the court, or, if there is
none and the conviction is for a felony or gross misdemeanor, by the commissioner of
corrections, or in any case by some other suitable and consenting person. Unless the court
directs otherwise, state parole and probation agents and probation officers may impose
community work service or probation violation sanctions, consistent with section 243.05,
subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5.

No intermediate sanction may be ordered performed at a location that fails to
observe applicable requirements or standards of chapter 181A or 182, or any rule
promulgated under them.

(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
"intermediate sanctions" includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, new text begin geographic restrictions, new text end intensive
probation, sentencing to service, reporting to a day reporting center, chemical dependency
or mental health treatment or counseling, restitution, fines, day-fines, community work
service, work service in a restorative justice program, work in lieu of or to work off fines
and, with the victim's consent, work in lieu of or to work off restitution.

(c) A court may not stay the revocation of the driver's license of a person convicted
of violating the provisions of section 169A.20.

Sec. 5.

Minnesota Statutes 2006, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Geographic limitations; drug sale crimes. new text end

new text begin (a) This subdivision applies
to offenders convicted of controlled substance sales crimes under chapter 152. If the
prosecutor sets forth any basis indicating it may protect the public or help rehabilitation, as
a condition of probation or supervised release, the court must order an offender to remain
outside a four-mile radius from any location where the offender illegally sold a controlled
substance. The court must make a finding as to the specific location or locations where a
controlled substance was sold. The court may increase the geographic limitation area up
to a 50-mile radius. Additionally, the court may restrict the offender from any other area
in the interest of public safety. A geographic restriction imposed by the court is presumed
valid and the court does not need to state specific reasons for a restriction. If the offender
objects to any restrictions in an area greater than a four-mile radius, the offender must
clearly and convincingly establish that the restriction is without any possible rational basis.
new text end

new text begin (b) A court order imposing restrictions under this subdivision may provide that an
offender's probation officer may grant exceptions to the geographic restrictions.
new text end

new text begin (c) The restrictions in paragraph (a) apply whether or not a sentence is imposed and
whether or not the offender is originally required to serve a term of incarceration.
new text end

new text begin (d) Notwithstanding the mandatory and permissive restrictions in paragraph (a),
the court may, in the case of a first-time controlled substance sales offender, permit the
offender to retain access to property the offender owns in a restricted area. If an offender
owns property in a restricted area, the court may permit an offender to travel through the
restricted area to go to and from work, court-related appointments, treatment or other
medical appointments, or other necessary destinations specifically designated by the court.
Travel through a restricted area must always be in the most direct route possible and must
be accomplished without delay or loitering. The offender has the burden of proving, by
clear and convincing evidence, that the offender was traveling in a place and manner
consistent with the court order and this subdivision.
new text end

new text begin (e) Failure to abide by any restriction is a violation of probation or supervised
release. If the court finds that an offender violated the terms of a geographic restriction
imposed under this subdivision, the court or commissioner must revoke probation and
impose and execute the offender's sentence. If the commissioner of corrections finds that
an offender violated the terms of a geographic restriction imposed under this subdivision,
the commissioner must revoke supervised release and reimprison the offender for at least
half the period remaining in the offender's sentence.
new text end

new text begin (f) This subdivision does not limit or restrict geographic restrictions that may be
imposed for other crimes or under other authority.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective August 1, 2007, and apply to crimes committed on or
after that date.
new text end