HF 1126

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am

A bill for an act
relating to public safety; modifying the mandatory minimum sentence for repeat
fifth-degree controlled substance offenders; modifying the conditional release
program to include an advisory board for consultation with the commissioner of
public safety; amending Minnesota Statutes 2008, sections 152.025, subdivision
3; 244.055, subdivisions 7, 11, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:

Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
or to a local correctional authority for not less than six months nor more than ten years and,
in addition, may be sentenced to payment of a fine of not more than $20,000. new text begin Prior to the
time of sentencing, the prosecutor may file a motion to have the person sentenced without
regard to the mandatory minimum sentence established by this paragraph. The motion
must be accompanied by a statement on the record of the reasons for it. When presented
with the motion, or on its own motion, the court may sentence the person without regard
to the mandatory minimum sentence if the court finds substantial and compelling reasons
to do so. Sentencing a person in this manner is a departure from the sentencing guidelines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 244.055, subdivision 7, is amended to read:

Subd. 7.

Release procedures.

new text begin After consulting with the advisory board created
under subdivision 7a, new text end the commissioner may deny conditional release to an offender under
this section if the commissioner determines that the offender's release may reasonably pose
a danger to the public or an individual. In making this determination, the commissioner
shall follow the procedures contained in section 244.05, subdivision 5, and the rules
adopted by the commissioner under that subdivision. The commissioner shall consider
whether the offender was involved in criminal gang activity during the offender's prison
term. The commissioner shall also consider the offender's custody classification and
level of risk of violence and the availability of appropriate community supervision for
the offender. Conditional release granted under this section continues until the offender's
sentence expires, unless release is rescinded under subdivision 8. The commissioner
may not grant conditional release unless a release plan is in place for the offender that
addresses, at a minimum, plans for aftercare, community-based chemical dependency
treatment, gaining employment, and securing housing.

Sec. 3.

Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Advisory board. new text end

new text begin The Chief Justice of the Supreme Court shall appoint
three retired judges to advise the commissioner of corrections on release decisions made
pursuant to this section.
new text end

Sec. 4.

Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:

Subd. 11.

Sunset.

This section expires July 1, deleted text begin 2009 deleted text end new text begin 2011 new text end .