HF 1442

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention; requiring that persons
convicted of a second violent felony be sentenced to
life imprisonment and that persons convicted of a
third violent felony be sentenced to life imprisonment
without the possibility of release; amending Minnesota
Statutes 2004, sections 244.05, subdivisions 4, 5;
609.1095, subdivision 3.

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

Section 1.

Minnesota Statutes 2004, section 244.05,
subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

An inmate
serving a mandatory life sentence under section 609.106 new text begin or
609.1095, subdivision 3, paragraph (b), new text end must not be given
supervised release under this section. An inmate serving a
mandatory life sentence under section new text begin 609.1095, subdivision 3,
paragraph (a); new text end 609.185, clause (1), (3), (5), or (6); or
609.109, subdivision 2a, must not be given supervised release
under this section without having served a minimum term of 30
years. An inmate serving a mandatory life sentence under
section 609.385 must not be given supervised release under this
section without having served a minimum term of imprisonment of
17 years.

Sec. 2.

Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section new text begin 609.1095, subdivision 3,
paragraph (a); new text end 609.185, clause (1), (3), (5), or (6); 609.109,
subdivision 2a; or 609.385 after the inmate has served the
minimum term of imprisonment specified in subdivision 4.

(b) The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate.

(c) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.

(d) As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

Sec. 3.

Minnesota Statutes 2004, section 609.1095,
subdivision 3, is amended to read:

Subd. 3.

Mandatory new text begin life new text end sentence for dangerous offender
who commits a new text begin second or new text end third violent felony.

(a) deleted text begin Unless a
longer mandatory minimum sentence is otherwise required by law
or the court imposes a longer aggravated durational departure
under subdivision 2, deleted text end A person who is convicted of a violent
crime that is a felony must be deleted text begin committed to the commissioner of
corrections for a mandatory sentence of at least the length of
the presumptive sentence under the Sentencing
Guidelines deleted text end new text begin sentenced to imprisonment for life, notwithstanding
the statutory maximum sentence otherwise applicable to the
offense, new text end if the court determines on the record at the time of
sentencing that the person has deleted text begin two or more deleted text end new text begin a new text end prior felony
deleted text begin convictions deleted text end new text begin conviction new text end for new text begin a new text end violent deleted text begin crimes deleted text end new text begin crime new text end . deleted text begin The court
shall impose and execute the prison sentence regardless of
whether the guidelines presume an executed prison sentence.
deleted text end

new text begin (b) A person who is convicted of a violent crime that is a
felony must be sentenced to imprisonment for life without the
possibility of release, notwithstanding the statutory maximum
sentence otherwise applicable to the offense, if the court
determines on the record at the time of sentencing that the
person has two or more prior felony convictions for violent
crimes.
new text end

new text begin (c) new text end Any person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge, or
work release, until that person has served the full term of
imprisonment imposed by the court, notwithstanding sections
241.26, 242.19, 243.05, 244.04, 609.12, and
609.135. new text begin Notwithstanding section 609.135, the court may not
stay the imposition or execution of this sentence.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end For purposes of this subdivision, "violent crime"
does not include a violation of section 152.023 or 152.024.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2005, and apply to
crimes committed on or after that date. The court shall
consider convictions occurring before August 1, 2005, as
previous convictions when sentencing offenders under section 3.
new text end