HF 1459

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to public safety; establishing a swift and certain sanctions act for persons
on supervised release; proposing coding for new law in Minnesota Statutes,
chapter 244.

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

Section 1.

new text begin [244.50] SHORT TITLE.
new text end

new text begin Sections 244.50 to 244.56 may be cited as the "Swift and Certain Sanctions Act."
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Sec. 2.

new text begin [244.51] DEFINITIONS.
new text end

new text begin (a) For purposes of sections 244.50 to 244.56, the terms in this section have the
meanings given them.
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new text begin (b) "Agency" means:
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new text begin (1) the Department of Corrections; and
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new text begin (2) any regional, local, or county governmental agencies responsible for supervising
individuals placed on probation by a court or serving a period of parole or postrelease
supervision from prison or jail, provided such agencies receive state funding.
new text end

new text begin (c) "Chief supervision officer" means the highest ranking field probation or parole
administrator in each judicial district.
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new text begin (d) "Court" means a court of record having original criminal jurisdiction.
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new text begin (e) "Community supervision" means:
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new text begin (1) the placement of a defendant under a continuum of programs and sanctions, with
conditions imposed by a court for a specified period during which:
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new text begin (i) criminal proceedings are deferred without an adjudication of guilt;
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new text begin (ii) a sentence of imprisonment or confinement, imprisonment and fine, or
confinement and fine, is probated and the imposition of sentence is suspended in whole or
in part; or
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new text begin (2) the placement of an individual under a continuum of programs and sanctions
after release from prison or jail, with conditions imposed by the releasing authority for
a specified period.
new text end

new text begin (f) "Supervision officer" means a person appointed or employed by the agency to
supervise individuals placed on community supervision.
new text end

new text begin (g) "Supervised individual" means an individual placed on probation by a court or
serving a period of parole or postrelease supervision from prison or jail.
new text end

new text begin (h) "Graduated sanction" means any nonprison offender accountability measures
and programs including, but not limited to, electronic supervision tools; drug and alcohol
testing or monitoring; day or evening reporting centers; restitution centers; forfeiture of
earned compliance credits; rehabilitative interventions such as substance abuse or mental
health treatment; reporting requirements to supervision officers; community service or
work crews; secure or unsecure residential treatment facilities or halfway houses; and
short-term or intermittent incarceration.
new text end

new text begin (i) "Positive reinforcement" means any rewards and incentives including, but
not limited to, awarding certificates of achievement, reducing reporting requirements,
deferring a monthly supervision fee payment, awarding earned compliance credits,
removing supervision conditions such as home detention or curfew, or asking the offender
to be a mentor to others.
new text end

Sec. 3.

new text begin [244.52] POLICY ON COMMUNITY SUPERVISION.
new text end

new text begin It is the policy of this state that supervised individuals shall be subject to:
new text end

new text begin (1) violation revocation proceedings and possible incarceration for failure to comply
with the conditions of supervision when such failure constitutes a significant risk to
prior victims of the supervised individual or the community at large, and cannot be
appropriately managed in the community; or
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new text begin (2) sanctions other than revocation and incarceration as appropriate to the severity of
the violation behavior, the risk of future criminal behavior by the offender, and the need
for, and availability of, interventions which may assist the offender to remain compliant
and crime-free in the community.
new text end

Sec. 4.

new text begin [244.53] SYSTEM OF GRADUATED SANCTIONS.
new text end

new text begin (a) The agency shall, by January 1, 2010, adopt a single system of graduated
sanctions for violations of conditions of community supervision. The system shall set forth
a menu of presumptive sanctions for the most common types of supervision violations
including, but not limited to: failure to report; failure to pay fines, fees, and victim
restitution; failure to participate in a required program or service; failure to complete
community service; violation of a protective or no-contact order; and failure to refrain
from the use of alcohol or controlled substances. The system of sanctions shall take into
account factors such as the severity of the current violation, the supervised individual's
previous criminal record, the number and severity of any previous supervision violations,
the supervised individual's assessed risk level, and the extent to which graduated sanctions
were imposed for previous violations. The system also shall define positive reinforcements
that supervised individuals will receive for compliance with conditions of supervision.
new text end

new text begin (b) The agency shall establish by rules and regulations an administrative process
to review and approve or reject, prior to imposition, graduated sanctions that deviate
from those prescribed.
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new text begin (c) The agency shall establish by rules and regulations an administrative process
to review graduated sanctions contested by supervised individuals under section 244.55.
The review shall be conducted by an impartial agency employee or representative who
has been selected, appointed, and trained to hear cases regarding graduated sanctions
for violations of supervision conditions.
new text end

Sec. 5.

new text begin [244.54] CONDITIONS OF COMMUNITY SUPERVISION.
new text end

new text begin For individuals placed on probation, the judge of the court having jurisdiction of
the case shall determine the conditions of community supervision and may impose as a
condition of community supervision that the agency supervising the individual may, in
accordance with section 244.55, impose graduated sanctions adopted by the agency for
violations of the conditions of community supervision.
new text end

Sec. 6.

new text begin [244.55] AUTHORITY TO IMPOSE GRADUATED SANCTIONS.
new text end

new text begin (a) Notwithstanding any rule or law to the contrary, the agency may:
new text end

new text begin (1) modify the conditions of community supervision for the limited purpose of
imposing graduated sanctions; and
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new text begin (2) place a supervised individual who violates the conditions of community
supervision in a state or local correctional or detention facility or residential center for
a period of not more than five days consecutively, and not more than 30 days in any
one calendar year.
new text end

new text begin (b) A supervision officer intending to modify the conditions of community
supervision by imposing a graduated sanction shall issue to the supervised individual a
notice of the intended sanction. The notice shall inform the supervised individual of the
technical violation or violations alleged, the date or dates of the violation or violations,
and the graduated sanction to be imposed.
new text end

new text begin (c) The imposition of a graduated sanction or sanctions by a community supervision
officer must comport with the system of graduated sanctions adopted by the agency under
section 244.53. Upon receipt of the notice, the supervised individual shall immediately
accept or object to the sanction or sanctions proposed by the officer. The failure of the
supervised individual to comply with a sanction shall constitute a violation of probation,
parole, or postrelease supervision. If the supervised individual objects to the imposition
of the sanction or sanctions, the individual is entitled to an administrative review to be
conducted by the agency within five days of the issuance of the notice. If the agency
affirms the recommendation contained in the notice, then the sanction or sanctions shall
become effective immediately.
new text end

new text begin (d) If the graduated sanction involves confinement in a correctional or detention
facility, confinement must be approved by the chief supervision officer, but the supervised
individual may be taken into custody for up to four hours while such approval is
obtained. If the supervised individual is employed, the supervision officer shall, to the
extent feasible, impose this sanction on weekend days or other days and times when
the supervised individual is not working.
new text end

new text begin (e) A sanction that confines a supervised individual in a correctional or detention
facility for a period of more than five consecutive days, or extends the term of community
supervision, may not be imposed as a graduated sanction, except pursuant to an order of
the court or the releasing authority.
new text end

new text begin (f) A notice of a graduated sanction may not be issued for any violation of probation,
parole, or postrelease supervision which could warrant an additional, separate felony
charge. Notwithstanding this, a notice of a graduated sanction may be issued for a positive
drug test.
new text end

new text begin (g) Upon successful completion of a graduated sanction or sanctions, a court may
not revoke the term of community supervision or impose additional sanctions for the
same violation.
new text end

new text begin (h) If a supervision officer modifies the conditions of community supervision by
imposing a graduated sanction, the officer shall:
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new text begin (1) deliver a copy of the modified conditions to the supervised individual;
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new text begin (2) file a copy of the modified conditions with the sentencing court or releasing
authority; and
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new text begin (3) note the date of delivery of the copy in the supervised individual's file.
new text end

Sec. 7.

new text begin [244.56] MONITORING GRADUATED SANCTIONS.
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new text begin The chief supervision officer shall review confinement sanctions recommended
by supervision officers on a quarterly basis to assess any disparities that may exist
among officers, evaluate the effectiveness of the sanction as measured by the supervised
individuals' subsequent conduct, and monitor the impact on the agency's number and type
of revocations for violations of the conditions of supervision.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 7 are effective August 1, 2009.
new text end