HF 1871

as introduced - 84th Legislature (2005 - 2006) 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 2004, 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 2004, 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 2004, 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 2004, 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 2004, 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, 2005, and apply to
crimes committed on or after that date.
new text end