HF 2140

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; creating a presumption 
  1.3             that incarcerative sanctions be imposed only for 
  1.4             defendants convicted of crimes of violence or when 
  1.5             public safety would otherwise be served; providing for 
  1.6             a sentencing hearing to determine imposition of 
  1.7             incarcerative or nonincarcerative intermediate 
  1.8             sanctions; requiring the sentencing guidelines 
  1.9             commission to amend the sentencing guidelines 
  1.10            consistent with the presumption; appropriating money; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 244. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [244.102] [DEFINITIONS.] 
  1.15     Subdivision 1.  [GENERALLY.] The definitions in this 
  1.16  section apply to section 244.103. 
  1.17     Subd. 2.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
  1.18  murder in the first, second, and third degrees, manslaughter in 
  1.19  the first and second degrees, aiding suicide, aiding attempted 
  1.20  suicide, felony violations of assault in the first, second, 
  1.21  third, and fourth degrees, assaults motivated by bias under 
  1.22  section 609.2231, subdivision 4, drive-by shootings, terroristic 
  1.23  threats, use of drugs to injure or to facilitate crime, crimes 
  1.24  committed for the benefit of a gang, commission of a crime while 
  1.25  wearing or possessing a bullet-resistant vest, simple robbery, 
  1.26  aggravated robbery, kidnapping, false imprisonment, criminal 
  1.27  sexual conduct in the first, second, third, and fourth degrees, 
  1.28  theft of a firearm, felony theft involving the intentional 
  1.29  taking or driving of a motor vehicle without the consent of the 
  2.1   owner or the authorized agent of the owner, felony theft 
  2.2   involving the taking of property from a burning, abandoned, or 
  2.3   vacant building, or from an area of destruction caused by civil 
  2.4   disaster, riot, bombing, or the proximity of battle, felony 
  2.5   theft involving the theft of a controlled substance, an 
  2.6   explosive, or an incendiary device, arson in the first and 
  2.7   second degrees, riot, burglary in the first, second, third, and 
  2.8   fourth degrees, harassment and stalking, shooting at a public 
  2.9   transit vehicle or facility, reckless use of a gun or dangerous 
  2.10  weapon, intentionally pointing a gun at or towards a human 
  2.11  being, setting a spring gun, and unlawfully owning, possessing, 
  2.12  operating a machine gun or short-barreled shotgun, and an 
  2.13  attempt to commit any of these offenses, as each of those 
  2.14  offenses is defined in chapter 609.  "Crime of violence" also 
  2.15  includes felony violations of the following:  malicious 
  2.16  punishment of a child; neglect or endangerment of a child; and 
  2.17  chapter 152. 
  2.18     Subd. 3.  [INCARCERATIVE SANCTIONS.] "Incarcerative 
  2.19  sanctions" means a sanction of at least one year and one day 
  2.20  resulting in commitment to the commissioner of corrections. 
  2.21     Subd. 4.  [INTERMEDIATE SANCTIONS.] "Intermediate sanctions"
  2.22  includes, but is not limited to: 
  2.23     (1) mental health, educational, public service, 
  2.24  restitution, and vocational programs administered by the 
  2.25  commissioner of corrections in nonincarcerative facilities or in 
  2.26  contract with local correctional authorities under clause (2) or 
  2.27  private vendors; and 
  2.28     (2) local correctional programs administered by local 
  2.29  correctional authorities, including, but not limited to, 
  2.30  incarceration in a local jail or workhouse, home detention, 
  2.31  electronic monitoring, intensive probation, public service, 
  2.32  sentencing to service, reporting to a day reporting center, 
  2.33  chemical dependency or mental health treatment or counseling, 
  2.34  restitution, fines, day-fines, community work service, work 
  2.35  service in a restorative justice program, work in lieu of or to 
  2.36  work off fines, and, with the victim's consent, work in lieu of 
  3.1   or to work off restitution. 
  3.2      Sec. 2.  [244.103] [INCARCERATIVE SANCTIONS; INTERMEDIATE 
  3.3   SANCTIONS.] 
  3.4      Subdivision 1.  [LEGISLATIVE INTENT.] The legislature finds 
  3.5   and declares that the state is presently confronted with a lack 
  3.6   of sufficient state correctional facilities that requires 
  3.7   limiting use of the incarcerative sanction to those convicted of 
  3.8   violent and other crimes where an incarcerative sanction serves 
  3.9   public safety.  The legislature further finds that those 
  3.10  convicted of crimes not requiring an incarcerative sanction 
  3.11  should be sentenced to a broad range of intermediate sanctions, 
  3.12  including medical, educational, and vocational programs. 
  3.13     In recognition of our finite state correctional facilities, 
  3.14  the legislature also finds and declares that the most effective 
  3.15  means to solve the lack of facilities is to enact the following 
  3.16  correctional and sentencing provisions. 
  3.17     Subd. 2.  [SENTENCING HEARING; PRESUMPTION.] It is presumed 
  3.18  in a sentencing hearing that the defendant shall receive an 
  3.19  incarcerative sanction if: 
  3.20     (1) the defendant was convicted of a crime of violence; or 
  3.21     (2) any other crime, including a property offense, and 
  3.22  incarceration would serve public safety. 
  3.23     Subd. 3.  [INCARCERATIVE SANCTION ORDER.] The court shall 
  3.24  order an incarcerative sanction if it finds either: 
  3.25     (1) the presumption of an incarcerative sentence created by 
  3.26  subdivision 2, clause (1), applies and the defendant has not 
  3.27  rebutted the presumption by clear and convincing evidence 
  3.28  demonstrating that a nonincarcerative sanction serves public 
  3.29  safety; or 
  3.30     (2) the presumption of an incarcerative sanction created by 
  3.31  subdivision 2, clause (2), applies and the prosecuting authority 
  3.32  has demonstrated by clear and convincing evidence that an 
  3.33  incarcerative sanction serves public safety. 
  3.34     Subd. 4.  [PUBLIC SAFETY FACTORS.] In determining whether 
  3.35  public safety is served by ordering an incarcerative sanction, 
  3.36  the court shall consider the following factors: 
  4.1      (1) the seriousness of the alleged offense in terms of 
  4.2   community protection, including the existence of any aggravating 
  4.3   factors recognized by the sentencing guidelines, the use of a 
  4.4   firearm, and the impact on any victim; 
  4.5      (2) the culpability of the defendant in committing the 
  4.6   alleged offense, including the level of the defendant's 
  4.7   participation in planning and carrying out the offense and the 
  4.8   existence of any mitigating factors recognized by the sentencing 
  4.9   guidelines; 
  4.10     (3) the defendant's criminal history; 
  4.11     (4) the defendant's programming history, including the 
  4.12  defendant's past willingness to participate meaningfully in 
  4.13  available programming; and 
  4.14     (5) the adequacy of the nonincarcerative sanction as 
  4.15  punishment or availability of intermediate sanctions in the 
  4.16  state or local correctional system. 
  4.17     Subd. 5.  [INTERMEDIATE SANCTION ORDER.] If the court does 
  4.18  not order an incarcerative sanction, the court shall order an 
  4.19  intermediate sanction for the defendant.  The court may order a 
  4.20  defendant to serve an intermediate sanction in a state 
  4.21  administered or local correctional authority administered 
  4.22  intermediate sanction program. 
  4.23     Subd. 6.  [COMMISSIONER OF CORRECTIONS INTERMEDIATE 
  4.24  SANCTION PROGRAMS.] The commissioner of corrections shall plan, 
  4.25  develop, and administer intermediate sanction programs for 
  4.26  defendants committed to the commissioner by the courts to serve 
  4.27  state administered intermediate sanction programs in 
  4.28  nonincarcerative environments. 
  4.29     Subd. 7.  [LOCAL CORRECTIONAL AUTHORITY GRANTS.] The 
  4.30  commissioner of corrections shall make grants to local 
  4.31  correctional authorities to plan, develop, and administer 
  4.32  intermediate sanction programs. 
  4.33     Sec. 3.  [SENTENCING GUIDELINES COMMISSION.] 
  4.34     The sentencing guidelines commission shall amend the 
  4.35  sentencing guidelines consistent with section 1.  
  4.36     Sec. 4.  [APPROPRIATIONS.] 
  5.1      $....... is appropriated from the general fund to the 
  5.2   commissioner of corrections to develop state administered 
  5.3   intermediate sanction programs and to provide grants to local 
  5.4   correctional authorities to administer intermediate sanction 
  5.5   programs as provided in section 1, to be available until June 
  5.6   30, 2003. 
  5.7      Sec. 5.  [EFFECTIVE DATE.] 
  5.8      Sections 1 and 2 are effective August 1, 2001, and apply to 
  5.9   crimes committed on or after that date.