HF 1642

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; creating a sanctions conference 
  1.3             procedure to allow probation officers to impose, with 
  1.4             district court confirmation, probation sanctions for 
  1.5             technical violations of probation; requesting the 
  1.6             chief judge of each judicial district to develop 
  1.7             procedures for sanctions conferences and a sanctions 
  1.8             conference form; amending Minnesota Statutes 1998, 
  1.9             sections 243.05, subdivision 1; and 609.135, 
  1.10            subdivision 1; proposing coding for new law in 
  1.11            Minnesota Statutes, chapters 243; 244; and 401; 
  1.12            repealing Minnesota Statutes 1998, sections 244.19, 
  1.13            subdivision 3a; and 401.02, subdivision 5. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 243.05, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [CONDITIONAL RELEASE.] (a) The commissioner 
  1.18  of corrections may parole any person sentenced to confinement in 
  1.19  any state correctional facility for adults under the control of 
  1.20  the commissioner of corrections, provided that:  
  1.21     (1) no inmate serving a life sentence for committing murder 
  1.22  before May 1, 1980, other than murder committed in violation of 
  1.23  clause (1) of section 609.185 who has not been previously 
  1.24  convicted of a felony shall be paroled without having served 20 
  1.25  years, less the diminution that would have been allowed for good 
  1.26  conduct had the sentence been for 20 years; 
  1.27     (2) no inmate serving a life sentence for committing murder 
  1.28  before May 1, 1980, who has been previously convicted of a 
  1.29  felony or though not previously convicted of a felony is serving 
  2.1   a life sentence for murder in the first degree committed in 
  2.2   violation of clause (1) of section 609.185 shall be paroled 
  2.3   without having served 25 years, less the diminution which would 
  2.4   have been allowed for good conduct had the sentence been for 25 
  2.5   years; 
  2.6      (3) any inmate sentenced prior to September 1, 1963, who 
  2.7   would be eligible for parole had the inmate been sentenced after 
  2.8   September 1, 1963, shall be eligible for parole; and 
  2.9      (4) any new rule or policy or change of rule or policy 
  2.10  adopted by the commissioner of corrections which has the effect 
  2.11  of postponing eligibility for parole has prospective effect only 
  2.12  and applies only with respect to persons committing offenses 
  2.13  after the effective date of the new rule or policy or change.  
  2.14     (b) Upon being paroled and released, an inmate is and 
  2.15  remains in the legal custody and under the control of the 
  2.16  commissioner, subject at any time to be returned to a facility 
  2.17  of the department of corrections established by law for the 
  2.18  confinement or treatment of convicted persons and the parole 
  2.19  rescinded by the commissioner.  
  2.20     (c) The written order of the commissioner of corrections, 
  2.21  is sufficient authority for any peace officer, state 
  2.22  correctional investigator, or state parole and probation agent 
  2.23  to retake and place in actual custody any person on parole or 
  2.24  supervised release.  In addition, when it appears necessary in 
  2.25  order to prevent escape or enforce discipline, any state parole 
  2.26  and probation agent or state correctional investigator may, 
  2.27  without order of warrant, take and detain a parolee or person on 
  2.28  supervised release or work release and bring the person to the 
  2.29  commissioner for action.  
  2.30     (d) The written order of the commissioner of corrections is 
  2.31  sufficient authority for any peace officer, state correctional 
  2.32  investigator, or state parole and probation agent to retake and 
  2.33  place in actual custody any person on probation under the 
  2.34  supervision of the commissioner pursuant to section 609.135.  
  2.35  Additionally, when it appears necessary in order to prevent 
  2.36  escape or enforce discipline, any state parole and probation 
  3.1   agent or state correctional investigator may, without an order, 
  3.2   retake and detain a probationer and bring the probationer before 
  3.3   the court for further proceedings under section 609.14.  
  3.4      (e) The written order of the commissioner of corrections is 
  3.5   sufficient authority for any peace officer, state correctional 
  3.6   investigator, or state parole and probation agent to detain any 
  3.7   person on pretrial release who absconds from pretrial release or 
  3.8   fails to abide by the conditions of pretrial release.  
  3.9      (f) Persons conditionally released, and those on probation 
  3.10  under the supervision of the commissioner of corrections 
  3.11  pursuant to section 609.135 may be placed within or outside the 
  3.12  boundaries of the state at the discretion of the commissioner of 
  3.13  corrections or the court, and the limits fixed for these persons 
  3.14  may be enlarged or reduced according to their conduct. 
  3.15     (g) Except as otherwise provided in subdivision 1b, in 
  3.16  considering applications for conditional release or discharge, 
  3.17  the commissioner is not required to hear oral argument from any 
  3.18  attorney or other person not connected with an adult 
  3.19  correctional facility of the department of corrections in favor 
  3.20  of or against the parole or release of any inmates.  The 
  3.21  commissioner may institute inquiries by correspondence, taking 
  3.22  testimony, or otherwise, as to the previous history, physical or 
  3.23  mental condition, and character of the inmate and, to that end, 
  3.24  has the authority to require the attendance of the chief 
  3.25  executive officer of any state adult correctional facility and 
  3.26  the production of the records of these facilities, and to compel 
  3.27  the attendance of witnesses.  The commissioner is authorized to 
  3.28  administer oaths to witnesses for these purposes. 
  3.29     (h) Unless the district court directs otherwise, state 
  3.30  parole and probation agents may require a person who is under 
  3.31  the supervision of the commissioner of corrections to perform 
  3.32  community work service for violating a condition of probation 
  3.33  imposed by the court.  Community work service may be imposed for 
  3.34  the purpose of protecting the public, to aid the offender's 
  3.35  rehabilitation, or both.  Agents may impose up to eight hours of 
  3.36  community work service for each violation and up to a total of 
  4.1   24 hours per offender per 12-month period, beginning with the 
  4.2   date on which community work service is first imposed.  The 
  4.3   commissioner may authorize an additional 40 hours of community 
  4.4   work services, for a total of 64 hours per offender per 12-month 
  4.5   period, beginning with the date on which community work service 
  4.6   is first imposed.  At the time community work service is 
  4.7   imposed, parole and probation agents are required to provide 
  4.8   written notice to the offender that states: 
  4.9      (1) the condition of probation that has been violated; 
  4.10     (2) the number of hours of community work service imposed 
  4.11  for the violation; and 
  4.12     (3) the total number of hours of community work service 
  4.13  imposed to date in the 12-month period. 
  4.14     An offender may challenge the imposition of community work 
  4.15  service by filing a petition in district court.  An offender 
  4.16  must file the petition within five days of receiving written 
  4.17  notice that community work service is being imposed.  If the 
  4.18  offender challenges the imposition of community work service, 
  4.19  the state bears the burden of showing, by a preponderance of the 
  4.20  evidence, that the imposition of community work service is 
  4.21  reasonable under the circumstances.  
  4.22     Community work service includes sentencing to service.  
  4.23     Sec. 2.  [243.051] [DEFINITIONS.] 
  4.24     Subdivision 1.  [DEFINITIONS.] As used in sections 243.051 
  4.25  to 243.054, the following terms have the meanings given them. 
  4.26     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
  4.27  section 609.02, subdivision 15. 
  4.28     Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
  4.29  violation sanction" means electronic monitoring, intensive 
  4.30  probation, sentencing to service, reporting to a day reporting 
  4.31  center, chemical dependency or mental health treatment or 
  4.32  counseling, community work service, and work service in a 
  4.33  restorative justice program. 
  4.34     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
  4.35  means a voluntary conference at which the state parole and 
  4.36  probation agent, offender, and, if appropriate, other interested 
  5.1   parties meet to discuss the probation violation sanction for the 
  5.2   offender's technical violation of probation. 
  5.3      Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
  5.4   conference form" means a form developed by the chief judge of 
  5.5   each judicial district that explains the sanctions conference 
  5.6   and the offender's option to elect to participate in the 
  5.7   sanctions conference or to proceed to a judicial hearing. 
  5.8      Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
  5.9   means any violation of a court order of probation, except an 
  5.10  allegation of a subsequent criminal act which is alleged in a 
  5.11  formal complaint, citation, or petition. 
  5.12     Sec. 3.  [243.052] [INITIATION OF SANCTIONS CONFERENCE.] 
  5.13     Subdivision 1.  [AUTHORITY.] Unless the district court 
  5.14  directs otherwise, a probation agency may use a sanctions 
  5.15  conference to address an offender's technical violation of 
  5.16  probation. 
  5.17     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
  5.18  has reason to believe that an offender has committed a technical 
  5.19  violation of probation, the agency shall notify the offender in 
  5.20  writing of the specific nature of the technical violation and 
  5.21  the scheduling of a sanctions conference, including the date, 
  5.22  time, and location of the sanctions conference.  The notice 
  5.23  shall also state that if the offender fails to appear at the 
  5.24  sanctions conference, the probation agency may apprehend and 
  5.25  detain the offender under section 243.05, subdivision 1, and ask 
  5.26  the court to commence revocation proceedings under section 
  5.27  609.14 and rule 27.04 of the Rules of Criminal Procedure.  To 
  5.28  the extent feasible, the sanctions conference must take place 
  5.29  within seven days of mailing of the notice to the offender. 
  5.30     Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
  5.31  conference, the state parole and probation agent shall provide 
  5.32  the offender with a copy of a sanctions conference form 
  5.33  explaining the sanctions conference and the offender's options 
  5.34  for proceeding.  The offender must stipulate, in writing, that 
  5.35  the offender has received a copy of the sanctions conference 
  5.36  form and that the offender understands the information contained 
  6.1   in the form and the options available to the offender.  The 
  6.2   offender also must declare, in writing, the offender's decision 
  6.3   to either participate in the sanctions conference or proceed 
  6.4   with a judicial hearing. 
  6.5      Sec. 4.  [243.053] [PARTICIPATION IN SANCTIONS CONFERENCE.] 
  6.6      Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
  6.7   elects to participate in the sanctions conference, the state 
  6.8   parole and probation agent shall inform the offender, orally and 
  6.9   in writing, of the probation violation sanction that the state 
  6.10  parole and probation agent is recommending for the technical 
  6.11  violation of probation.  The state parole and probation agent 
  6.12  shall inform the offender that the probation violation sanction 
  6.13  becomes effective upon confirmation by a judge of the district 
  6.14  court. 
  6.15     Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
  6.16  elects to participate in the sanctions conference, the state 
  6.17  parole and probation agent conducting the sanctions conference 
  6.18  shall provide a report to the district court containing: 
  6.19     (1) the specific nature of the technical violation of 
  6.20  probation; 
  6.21     (2) the notice provided to the offender of the technical 
  6.22  violation of probation and the scheduling of the sanctions 
  6.23  conference; 
  6.24     (3) a copy of the offender's signed stipulation indicating 
  6.25  that the offender received a copy of the sanctions conference 
  6.26  form and understood it; 
  6.27     (4) a copy of the offender's written declaration to 
  6.28  participate in the sanctions conference; and 
  6.29     (5) the recommended probation violation sanction. 
  6.30  The recommended probation violation sanction becomes effective 
  6.31  when confirmed by a judge.  The order of the court shall be 
  6.32  proof of such confirmation. 
  6.33     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
  6.34  state parole and probation agent's receipt of a confirmed order 
  6.35  by the judge, the state parole and probation agent shall notify 
  6.36  the offender in writing that the probation violation sanction 
  7.1   has been approved by the court. 
  7.2      (b) If the court does not confirm the recommendation of the 
  7.3   state parole and probation agent, the probation violation 
  7.4   sanction shall not go into effect.  The state parole and 
  7.5   probation agent shall notify the offender that the court has not 
  7.6   confirmed the sanction. 
  7.7      (c) If the court does not confirm the recommendation, the 
  7.8   state parole and probation agent may ask the court to commence 
  7.9   revocation proceedings under section 609.14. 
  7.10     Subd. 4.  [APPEAL.] An offender may appeal the judge's 
  7.11  confirmation of the probation violation sanction as provided in 
  7.12  rule 28.05 of the Rules of Criminal Procedure. 
  7.13     Sec. 5.  [243.054] [ELECTION NOT TO PARTICIPATE.] 
  7.14     If the offender elects not to participate in the sanctions 
  7.15  conference, the state parole and probation agent may ask the 
  7.16  court to initiate revocation proceedings or refer the matter to 
  7.17  the appropriate prosecuting authority for action under section 
  7.18  609.14.  The state parole and probation agent also may take 
  7.19  action to apprehend and detain the offender under section 
  7.20  243.05, subdivision 1. 
  7.21     Sec. 6.  [244.196] [DEFINITIONS.] 
  7.22     Subdivision 1.  [DEFINITIONS.] As used in sections 244.196 
  7.23  to 244.199, the following terms have the meanings given them. 
  7.24     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
  7.25  section 609.02, subdivision 15. 
  7.26     Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
  7.27  violation sanction" means electronic monitoring, intensive 
  7.28  probation, sentencing to service, reporting to a day reporting 
  7.29  center, chemical dependency or mental health treatment or 
  7.30  counseling, community work service, and work service in a 
  7.31  restorative justice program. 
  7.32     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
  7.33  means a voluntary conference at which the county probation 
  7.34  officer, offender, and, if appropriate, other interested parties 
  7.35  meet to discuss the probation violation sanction for the 
  7.36  offender's technical violation of probation. 
  8.1      Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
  8.2   conference form" means a form developed by the chief judge of 
  8.3   each judicial district that explains the sanctions conference 
  8.4   and the offender's option to elect to participate in the 
  8.5   sanctions conference or to proceed to a judicial hearing. 
  8.6      Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
  8.7   means any violation of a court order of probation, except an 
  8.8   allegation of a subsequent criminal act which is alleged in a 
  8.9   formal complaint, citation, or petition. 
  8.10     Sec. 7.  [244.197] [INITIATION OF SANCTIONS CONFERENCE.] 
  8.11     Subdivision 1.  [AUTHORITY.] Unless the district court 
  8.12  directs otherwise, a probation agency may use a sanctions 
  8.13  conference to address an offender's technical violation of 
  8.14  probation. 
  8.15     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
  8.16  has reason to believe that an offender has committed a technical 
  8.17  violation of probation, the agency shall notify the offender in 
  8.18  writing of the specific nature of the technical violation and 
  8.19  the scheduling of a sanctions conference, including the date, 
  8.20  time, and location of the sanctions conference.  The notice 
  8.21  shall also state that if the offender fails to appear at the 
  8.22  sanctions conference, the probation agency may apprehend and 
  8.23  detain the offender under section 244.195 and ask the court to 
  8.24  commence revocation proceedings under section 609.14 and rule 
  8.25  27.04 of the Rules of Criminal Procedure.  To the extent 
  8.26  feasible, the sanctions conference must take place within seven 
  8.27  days of mailing of the notice to the offender. 
  8.28     Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
  8.29  conference, the county probation officer shall provide the 
  8.30  offender with a copy of a sanctions conference form explaining 
  8.31  the sanctions conference and the offender's options for 
  8.32  proceeding.  The offender must stipulate, in writing, that the 
  8.33  offender has received a copy of the sanctions conference form 
  8.34  and that the offender understands the information contained in 
  8.35  the form and the options available to the offender.  The 
  8.36  offender also must declare, in writing, the offender's decision 
  9.1   to either participate in the sanctions conference or proceed 
  9.2   with a judicial hearing. 
  9.3      Sec. 8.  [244.198] [PARTICIPATION IN SANCTIONS CONFERENCE.] 
  9.4      Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
  9.5   elects to participate in the sanctions conference, the county 
  9.6   probation officer shall inform the offender, orally and in 
  9.7   writing, of the probation violation sanction that the county 
  9.8   probation officer is recommending for the technical violation of 
  9.9   probation.  The county probation officer shall inform the 
  9.10  offender that the probation violation sanction becomes effective 
  9.11  upon confirmation by a judge of the district court. 
  9.12     Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
  9.13  elects to participate in the sanctions conference, the county 
  9.14  probation officer conducting the sanctions conference shall 
  9.15  provide a report to the district court containing: 
  9.16     (1) the specific nature of the technical violation of 
  9.17  probation; 
  9.18     (2) the notice provided to the offender of the technical 
  9.19  violation of probation and the scheduling of the sanctions 
  9.20  conference; 
  9.21     (3) a copy of the offender's signed stipulation indicating 
  9.22  that the offender received a copy of the sanctions conference 
  9.23  form and understood it; 
  9.24     (4) a copy of the offender's written declaration to 
  9.25  participate in the sanctions conference; and 
  9.26     (5) the recommended probation violation sanction. 
  9.27  The recommended probation violation sanction becomes effective 
  9.28  when confirmed by a judge.  The order of the court shall be 
  9.29  proof of such confirmation. 
  9.30     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
  9.31  county probation officer's receipt of a confirmed order by the 
  9.32  judge, the county probation officer shall notify the offender in 
  9.33  writing that the probation violation sanction has been approved 
  9.34  by the court. 
  9.35     (b) If the court does not confirm the recommendation of the 
  9.36  county probation officer, the probation violation sanction shall 
 10.1   not go into effect.  The county probation officer shall notify 
 10.2   the offender that the court has not confirmed the sanction. 
 10.3      (c) If the court does not confirm the recommendation, the 
 10.4   county probation officer may ask the court to commence 
 10.5   revocation proceedings under section 609.14. 
 10.6      Subd. 4.  [APPEAL.] An offender may appeal the judge's 
 10.7   confirmation of the probation violation sanction as provided in 
 10.8   rule 28.05 of the Rules of Criminal Procedure. 
 10.9      Sec. 9.  [244.199] [ELECTION NOT TO PARTICIPATE.] 
 10.10     If the offender elects not to participate in the sanctions 
 10.11  conference, the county probation officer may ask the court to 
 10.12  initiate revocation proceedings or refer the matter to the 
 10.13  appropriate prosecuting authority for action under section 
 10.14  609.14.  The county probation officer also may take action to 
 10.15  apprehend and detain the offender under section 244.195. 
 10.16     Sec. 10.  [401.026] [DEFINITIONS.] 
 10.17     Subdivision 1.  [DEFINITIONS.] As used in sections 401.026 
 10.18  to 401.029, the following terms have the meanings given them. 
 10.19     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
 10.20  section 609.02, subdivision 15. 
 10.21     Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
 10.22  violation sanction" means electronic monitoring, intensive 
 10.23  probation, sentencing to service, reporting to a day reporting 
 10.24  center, chemical dependency or mental health treatment or 
 10.25  counseling, community work service, and work service in a 
 10.26  restorative justice program. 
 10.27     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
 10.28  means a voluntary conference at which the probation officer, 
 10.29  offender, and, if appropriate, other interested parties meet to 
 10.30  discuss the probation violation sanction for the offender's 
 10.31  technical violation of probation. 
 10.32     Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
 10.33  conference form" means a form developed by the chief judge of 
 10.34  each judicial district that explains the sanctions conference 
 10.35  and the offender's option to elect to participate in the 
 10.36  sanctions conference or to proceed to a judicial hearing. 
 11.1      Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
 11.2   means any violation of a court order of probation, except an 
 11.3   allegation of a subsequent criminal act which is alleged in a 
 11.4   formal complaint, citation, or petition. 
 11.5      Sec. 11.  [401.027] [INITIATION OF SANCTIONS CONFERENCE.] 
 11.6      Subdivision 1.  [AUTHORITY.] Unless the district court 
 11.7   directs otherwise, a probation agency may use a sanctions 
 11.8   conference to address an offender's technical violation of 
 11.9   probation. 
 11.10     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
 11.11  has reason to believe that an offender has committed a technical 
 11.12  violation of probation, the agency shall notify the offender in 
 11.13  writing of the specific nature of the technical violation and 
 11.14  the scheduling of a sanctions conference, including the date, 
 11.15  time, and location of the sanctions conference.  The notice 
 11.16  shall also state that if the offender fails to appear at the 
 11.17  sanctions conference, the probation agency may apprehend and 
 11.18  detain the offender under section 401.025 and ask the court to 
 11.19  commence revocation proceedings under section 609.14 and rule 
 11.20  27.04 of the Rules of Criminal Procedure.  To the extent 
 11.21  feasible, the sanctions conference must take place within seven 
 11.22  days of mailing of the notice to the offender. 
 11.23     Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
 11.24  conference, the probation officer shall provide the offender 
 11.25  with a copy of a sanctions conference form explaining the 
 11.26  sanctions conference and the offender's options for proceeding.  
 11.27  The offender must stipulate, in writing, that the offender has 
 11.28  received a copy of the sanctions conference form and that the 
 11.29  offender understands the information contained in the form and 
 11.30  the options available to the offender.  The offender also must 
 11.31  declare, in writing, the offender's decision to either 
 11.32  participate in the sanctions conference or proceed with a 
 11.33  judicial hearing. 
 11.34     Sec. 12.  [401.028] [PARTICIPATION IN SANCTIONS 
 11.35  CONFERENCE.] 
 11.36     Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
 12.1   elects to participate in the sanctions conference, the probation 
 12.2   officer shall inform the offender, orally and in writing, of the 
 12.3   probation violation sanction that the probation officer is 
 12.4   recommending for the technical violation of probation.  The 
 12.5   probation officer shall inform the offender that the probation 
 12.6   violation sanction becomes effective upon confirmation by a 
 12.7   judge of the district court. 
 12.8      Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
 12.9   elects to participate in the sanctions conference, the probation 
 12.10  officer conducting the sanctions conference shall provide a 
 12.11  report to the district court containing: 
 12.12     (1) the specific nature of the technical violation of 
 12.13  probation; 
 12.14     (2) the notice provided to the offender of the technical 
 12.15  violation of probation and the scheduling of the sanctions 
 12.16  conference; 
 12.17     (3) a copy of the offender's signed stipulation indicating 
 12.18  that the offender received a copy of the sanctions conference 
 12.19  form and understood it; 
 12.20     (4) a copy of the offender's written declaration to 
 12.21  participate in the sanctions conference; and 
 12.22     (5) the recommended probation violation sanction. 
 12.23  The recommended probation violation sanction becomes effective 
 12.24  when confirmed by a judge.  The order of the court shall be 
 12.25  proof of such confirmation. 
 12.26     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
 12.27  probation officer's receipt of a confirmed order by the judge, 
 12.28  the probation officer shall notify the offender in writing that 
 12.29  the probation violation sanction has been approved by the court. 
 12.30     (b) If the court does not confirm the recommendation of the 
 12.31  probation officer, the probation violation sanction shall not go 
 12.32  into effect.  The probation officer shall notify the offender 
 12.33  that the court has not confirmed the sanction. 
 12.34     (c) If the court does not confirm the recommendation, the 
 12.35  probation officer may ask the court to commence revocation 
 12.36  proceedings under section 609.14. 
 13.1      Subd. 4.  [APPEAL.] An offender may appeal the judge's 
 13.2   confirmation of the probation violation sanction as provided in 
 13.3   rule 28.05 of the Rules of Criminal Procedure. 
 13.4      Sec. 13.  [401.029] [ELECTION NOT TO PARTICIPATE.] 
 13.5      If the offender elects not to participate in the sanctions 
 13.6   conference, the probation officer may ask the court to initiate 
 13.7   revocation proceedings or refer the matter to the appropriate 
 13.8   prosecuting authority for action under section 609.14.  The 
 13.9   probation officer also may take action to apprehend and detain 
 13.10  the offender under section 401.025. 
 13.11     Sec. 14.  Minnesota Statutes 1998, section 609.135, 
 13.12  subdivision 1, is amended to read: 
 13.13     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 13.14  sentence of life imprisonment is required by law, or when a 
 13.15  mandatory minimum sentence is required by section 609.11, any 
 13.16  court may stay imposition or execution of sentence and: 
 13.17     (1) may order intermediate sanctions without placing the 
 13.18  defendant on probation; or 
 13.19     (2) may place the defendant on probation with or without 
 13.20  supervision and on the terms the court prescribes, including 
 13.21  intermediate sanctions when practicable.  The court may order 
 13.22  the supervision to be under the probation officer of the court, 
 13.23  or, if there is none and the conviction is for a felony or gross 
 13.24  misdemeanor, by the commissioner of corrections, or in any case 
 13.25  by some other suitable and consenting person.  Unless the court 
 13.26  directs otherwise, state parole and probation agents and 
 13.27  probation officers may impose community work service for an 
 13.28  offender's probation violation sanctions, consistent 
 13.29  with section 243.05, subdivision 1; 244.19, subdivision 3a; or 
 13.30  401.02, subdivision 5 sections 243.051 to 243.054; 244.196 to 
 13.31  244.199; or 401.026 to 401.029. 
 13.32     No intermediate sanction may be ordered performed at a 
 13.33  location that fails to observe applicable requirements or 
 13.34  standards of chapter 181A or 182, or any rule promulgated under 
 13.35  them.  
 13.36     (b) For purposes of this subdivision, subdivision 6, and 
 14.1   section 609.14, the term "intermediate sanctions" includes but 
 14.2   is not limited to incarceration in a local jail or workhouse, 
 14.3   home detention, electronic monitoring, intensive probation, 
 14.4   sentencing to service, reporting to a day reporting center, 
 14.5   chemical dependency or mental health treatment or counseling, 
 14.6   restitution, fines, day-fines, community work service, work 
 14.7   service in a restorative justice program, work in lieu of or to 
 14.8   work off fines and, with the victim's consent, work in lieu of 
 14.9   or to work off restitution.  
 14.10     (c) A court may not stay the revocation of the driver's 
 14.11  license of a person convicted of violating the provisions of 
 14.12  section 169.121. 
 14.13     Sec. 15.  [REQUEST; DISTRICT COURT.] 
 14.14     (a) The chief judge in each judicial district, in 
 14.15  consultation with other judges in the district, is requested to 
 14.16  develop rules containing procedures for the sanctions conference 
 14.17  identified in sections 2 to 13 and to develop a sanctions 
 14.18  conference form that includes notice to the offender: 
 14.19     (1) of the specific court-ordered condition of release that 
 14.20  the offender has allegedly violated, the probation officer's 
 14.21  authority to ask the court to revoke the offender's probation 
 14.22  for the technical violation, and the offender's right to elect 
 14.23  to participate in a sanctions conference to address the 
 14.24  technical violation in lieu of the probation officer asking the 
 14.25  court to revoke the offender's probation; 
 14.26     (2) that participation in the sanctions conference is in 
 14.27  lieu of a court hearing under section 609.14 and that, if the 
 14.28  offender elects to participate in the sanctions conference, the 
 14.29  offender must admit, or agree not to contest, the alleged 
 14.30  technical violation and must waive the right to contest the 
 14.31  violation at a judicial hearing, present evidence, call 
 14.32  witnesses, cross-examine the state's witnesses, and be 
 14.33  represented by counsel; 
 14.34     (3) that, if the offender chooses, the offender has a right 
 14.35  to a hearing before the court under section 609.14 for a 
 14.36  determination of whether the offender committed the alleged 
 15.1   violation, including the right to be present at the hearing, to 
 15.2   cross-examine witnesses, to have witnesses subpoenaed for the 
 15.3   offender, to have an attorney present or to have an attorney 
 15.4   appointed if the offender cannot afford one, and to require the 
 15.5   state to prove the allegations against the offender; 
 15.6      (4) that, if, after a hearing, the court finds the 
 15.7   violations have been proven, the court may continue the 
 15.8   sentence, subject to the same, modified, or additional 
 15.9   conditions, or order a sanction which may include incarceration, 
 15.10  additional fines, revocation of the stay of sentence, imposition 
 15.11  of sentence, or other sanctions; 
 15.12     (5) that the decision to participate in the sanctions 
 15.13  conference will not result in the probation officer recommending 
 15.14  revocation of the offender's stay of sentence, unless the 
 15.15  offender fails to successfully complete the probation violation 
 15.16  sanction; 
 15.17     (6) that various types of probation violation sanctions may 
 15.18  be imposed and that the probation violation sanctions imposed on 
 15.19  the offender will depend on the nature of the technical 
 15.20  violation, the offender's criminal history, and the offender's 
 15.21  level of supervision; 
 15.22     (7) that the probation violation sanctions supplement any 
 15.23  existing conditions of release; and 
 15.24     (8) that participation in the sanctions conference requires 
 15.25  completion of all probation violation sanctions imposed by the 
 15.26  probation agency, and that failure to successfully complete the 
 15.27  imposed probation violation sanctions could result in additional 
 15.28  sanctions or the commencement of revocation proceedings under 
 15.29  section 609.14. 
 15.30     (b) The chief judge of each judicial district is encouraged 
 15.31  to cooperate with the chief judges of the other judicial 
 15.32  districts in the state to develop rules for sanctions 
 15.33  conferences and a sanctions conference form that will treat 
 15.34  offenders uniformly throughout the state. 
 15.35     Sec. 16.  [REPEALER.] 
 15.36     Minnesota Statutes 1998, sections 244.19, subdivision 3a; 
 16.1   and 401.02, subdivision 5, are repealed. 
 16.2      Sec. 17.  [EFFECTIVE DATE.] 
 16.3      Sections 1 to 16 are effective August 1, 1999, and apply to 
 16.4   technical violations of probation that occur on or after that 
 16.5   date.