HF 2564

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; requiring certain repeat 
  1.3             property offenders to pay full restitution to the 
  1.4             victims of their offenses and successfully complete a 
  1.5             character-development program; requiring a report on 
  1.6             individuals sentenced under these procedures; 
  1.7             establishing a task force to propose an industry-based 
  1.8             corrections institution where offenders will work to 
  1.9             earn money to pay restitution; amending Minnesota 
  1.10            Statutes 2000, sections 260B.198, by adding a 
  1.11            subdivision; 609A.02, by adding a subdivision; 
  1.12            609A.03, subdivision 5; proposing coding for new law 
  1.13            in Minnesota Statutes, chapter 609. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2000, section 260B.198, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 2a.  [REPEAT PROPERTY OFFENSES; MANDATORY 
  1.18  SENTENCE.] (a) As used in this section: 
  1.19     (1) "character-development program" means a program, with 
  1.20  an established record of success, that stresses the development 
  1.21  of such positive character qualities as, but not limited to, 
  1.22  attentiveness, patience, truthfulness, respect for authority, 
  1.23  diligence, initiative, gratefulness, self-discipline, 
  1.24  punctuality, forgiveness, and resourcefulness; and 
  1.25     (2) "property offense" means a violation of section 609.52 
  1.26  (theft), 609.53 (receiving stolen property), 609.582 (burglary), 
  1.27  609.625 (aggravated forgery), 609.63 (forgery), or 609.631 
  1.28  (check forgery). 
  1.29     (b) When a court issues a disposition order concerning a 
  2.1   juvenile adjudicated delinquent for a second or subsequent 
  2.2   property offense, the court must transfer custody of the 
  2.3   juvenile to the commissioner of corrections until the juvenile's 
  2.4   19th birthday and stay the disposition on the condition that the 
  2.5   offender: 
  2.6      (1) pay full restitution to the victim for the loss caused 
  2.7   by the offense, plus any expenses incurred by the victim 
  2.8   relating to the prosecution or adjudication of the offense; and 
  2.9      (2) attend and successfully complete a 
  2.10  character-development program.  Upon successful completion by 
  2.11  the offender of the conditions of the stayed disposition, the 
  2.12  court shall terminate its jurisdiction over the juvenile. 
  2.13     (c) In its restitution order, the court shall require that 
  2.14  the juvenile pay the restitution with money earned by the 
  2.15  juvenile.  The juvenile may pay all or part of the restitution 
  2.16  with money the juvenile earned before the court's order was 
  2.17  issued if the juvenile provides the court with adequate 
  2.18  verification that the money was derived from the juvenile's 
  2.19  earnings. 
  2.20     (d) The provisions of section 611A.04 apply to restitution 
  2.21  orders issued under this section except that, notwithstanding 
  2.22  section 611A.04, subdivision 2, the juvenile shall make 
  2.23  restitution payments directly to the victim of the offense in a 
  2.24  manner acceptable to the victim and shall notify the court 
  2.25  administrator of the appropriate court of the date and amount of 
  2.26  each restitution payment made and how it is to be paid.  The 
  2.27  court administrator shall keep records of restitution payments 
  2.28  in the manner provided in section 611A.04, subdivision 2. 
  2.29     (e) If the juvenile fails to pay restitution in accordance 
  2.30  with the payment schedule or structure contained in the order, 
  2.31  or fails to successfully complete the character-development 
  2.32  program, the court shall revoke the stayed disposition and 
  2.33  transfer custody of the juvenile to the commissioner of 
  2.34  corrections. 
  2.35     (f) If a juvenile is petitioned and found delinquent for a 
  2.36  property offense, and the court determines that the defendant 
  3.1   has not previously committed a property offense, the court shall 
  3.2   inform the juvenile that state law requires repeat property 
  3.3   offenders to attend a character-development program and to pay 
  3.4   full restitution to the victim of the offense.  The failure of a 
  3.5   court to provide this information to a juvenile does not affect 
  3.6   the future applicability of the mandatory disposition to that 
  3.7   juvenile. 
  3.8      (g) The court shall forward information on dispositions 
  3.9   under this section and revocations under paragraph (e) to the 
  3.10  Minnesota sentencing guidelines commission.  The information 
  3.11  provided shall also include whether or not the juvenile offender 
  3.12  successfully completed a character-development program and the 
  3.13  total amount of restitution ordered and the amount paid.  This 
  3.14  information shall be provided to the sentencing guidelines 
  3.15  commission on at least a biannual basis. 
  3.16     Sec. 2.  [609.114] [REPEAT PROPERTY OFFENSES; MANDATORY 
  3.17  SENTENCE.] 
  3.18     Subdivision 1.  [DEFINITION.] As used in this section: 
  3.19     (1) "character-development program" means a program, with 
  3.20  an established record of success, that stresses the development 
  3.21  of such positive character qualities as attentiveness, patience, 
  3.22  truthfulness, respect for authority, diligence, initiative, 
  3.23  gratefulness, self-discipline, punctuality, forgiveness, and 
  3.24  resourcefulness; and 
  3.25     (2) "property offense" means a violation of section 609.52 
  3.26  (theft), 609.53 (receiving stolen property), 609.582 (burglary), 
  3.27  609.625 (aggravated forgery), 609.63 (forgery), or 609.631 
  3.28  (check forgery). 
  3.29     Subd. 2.  [REPEAT PROPERTY OFFENSE CONVICTION; MANDATORY 
  3.30  SENTENCE.] When a court sentences a person convicted of a second 
  3.31  or subsequent property offense, the court must impose, at a 
  3.32  minimum, a sentence equal to the statutory maximum sentence 
  3.33  provided for the offense, and stay execution of the sentence on 
  3.34  the condition that the offender: 
  3.35     (1) pay full restitution to the victim for the loss caused 
  3.36  by the offense, plus any expenses incurred by the victim 
  4.1   relating to the prosecution or adjudication of the offense; and 
  4.2      (2) attend and successfully complete a 
  4.3   character-development program.  Upon successful completion by 
  4.4   the offender of the conditions of the stayed sentence, the court 
  4.5   shall discharge the sentence. 
  4.6      Subd. 3.  [CONTENTS OF RESTITUTION ORDER.] In its 
  4.7   restitution order, the court shall require that the offender pay 
  4.8   the restitution with money earned by the offender.  The offender 
  4.9   may pay all or part of the restitution with money the offender 
  4.10  earned before the court's order was issued if the offender 
  4.11  provides the court with adequate verification that the money was 
  4.12  derived from the offender's earnings. 
  4.13     Subd. 4.  [PAYMENT OF RESTITUTION DIRECTLY TO VICTIM.] The 
  4.14  provisions of section 611A.04 apply to restitution orders issued 
  4.15  under this section except that, notwithstanding section 611A.04, 
  4.16  subdivision 2, the offender shall make restitution payments 
  4.17  directly to the victim of the offense in a manner acceptable to 
  4.18  the victim and shall notify the court administrator of the 
  4.19  appropriate court of the date and amount of each restitution 
  4.20  payment made and how it is to be paid.  The court administrator 
  4.21  shall keep records of restitution payments in the manner 
  4.22  provided in section 611A.04, subdivision 2. 
  4.23     Subd. 5.  [FAILURE TO PAY RESTITUTION; SANCTION.] If the 
  4.24  offender fails to pay restitution in accordance with the payment 
  4.25  schedule or structure contained in the order, or fails to 
  4.26  successfully complete the character-development program, the 
  4.27  court shall revoke the offender's stayed sentence under section 
  4.28  609.14 and execute the offender's prison sentence. 
  4.29     Subd. 6.  [NOTICE OF ENHANCED PENALTIES FOR REPEAT PROPERTY 
  4.30  OFFENSES.] If a defendant is convicted of a property offense, 
  4.31  and the court determines that the defendant has not been 
  4.32  convicted previously of a property offense, the court shall 
  4.33  inform the defendant that state law requires repeat property 
  4.34  offenders to attend a character-development program and to pay 
  4.35  full restitution to the victim of the offense.  The failure of a 
  4.36  court to provide this information to a defendant does not affect 
  5.1   the future applicability of the mandatory sentence to that 
  5.2   defendant. 
  5.3      Subd. 7.  [REPORT TO SENTENCING GUIDELINES COMMISSION.] The 
  5.4   court shall report information on convictions under this section 
  5.5   and revocations under subdivision 5 to the Minnesota sentencing 
  5.6   guidelines commission.  The information provided shall also 
  5.7   include whether or not the offender successfully completed a 
  5.8   character-development program and the total amount of 
  5.9   restitution ordered and the amount paid.  This information shall 
  5.10  be provided to the sentencing guidelines commission on at least 
  5.11  a biannual basis. 
  5.12     Sec. 3.  Minnesota Statutes 2000, section 609A.02, is 
  5.13  amended by adding a subdivision to read: 
  5.14     Subd. 2a.  [CERTAIN REPEAT PROPERTY OFFENSE CONVICTIONS.] A 
  5.15  petition for the sealing of a conviction record under section 
  5.16  609A.03 may be filed by a person who has successfully fulfilled 
  5.17  the conditions of a stayed sentence imposed under section 
  5.18  609.114. 
  5.19     Sec. 4.  Minnesota Statutes 2000, section 609A.03, 
  5.20  subdivision 5, is amended to read: 
  5.21     Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
  5.22  RESTRICTION.] (a) Except as otherwise provided by paragraph 
  5.23  (b) or (c), expungement of a criminal record is an extraordinary 
  5.24  remedy to be granted only upon clear and convincing evidence 
  5.25  that it would yield a benefit to the petitioner commensurate 
  5.26  with the disadvantages to the public and public safety of: 
  5.27     (1) sealing the record; and 
  5.28     (2) burdening the court and public authorities to issue, 
  5.29  enforce, and monitor an expungement order. 
  5.30     (b) Except as otherwise provided by this paragraph, if the 
  5.31  petitioner is petitioning for the sealing of a criminal record 
  5.32  under section 609A.02, subdivision 3, the court shall grant the 
  5.33  petition to seal the record unless the agency or jurisdiction 
  5.34  whose records would be affected establishes by clear and 
  5.35  convincing evidence that the interests of the public and public 
  5.36  safety outweigh the disadvantages to the petitioner of not 
  6.1   sealing the record.  If a petitioner was found not guilty by 
  6.2   reason of mental illness, the court shall grant the petition to 
  6.3   seal the record unless the agency or jurisdiction whose records 
  6.4   would be affected establishes by a preponderance of the evidence 
  6.5   that the interests of the public and public safety outweigh the 
  6.6   disadvantages to the petitioner of not sealing the record.  
  6.7      (c) If the petitioner is petitioning for sealing of a 
  6.8   criminal record under section 609A.02, subdivision 2a, the court 
  6.9   shall grant the petition if the petitioner demonstrates by clear 
  6.10  and convincing evidence that the petitioner successfully 
  6.11  fulfilled the conditions of the stayed sentence. 
  6.12     (d) If the court issues an expungement order it may require 
  6.13  that the criminal record be sealed, the existence of the record 
  6.14  not be revealed, and the record not be opened except as required 
  6.15  under subdivision 7.  Records must not be destroyed or returned 
  6.16  to the subject of the record.  
  6.17     Sec. 5.  [WORKING GROUP ON ESTABLISHMENT OF CORRECTIONS 
  6.18  FACILITY WITH INDUSTRIAL AND COMMERCIAL OPERATIONS.] 
  6.19     Subdivision 1.  [CREATION; DUTIES.] A working group is 
  6.20  created to study the feasibility of establishing a state 
  6.21  correctional facility that would contract with industrial and 
  6.22  commercial operations to provide employment opportunities for 
  6.23  inmates to enable them to pay full restitution to their 
  6.24  victims.  The working group shall give consideration to the 
  6.25  quantity and nature of the goods, wares, merchandise, and 
  6.26  services to be made or provided through this correctional 
  6.27  institution, and the types of processes to be used in their 
  6.28  manufacture, processing, repair, and production consistent with 
  6.29  the greatest opportunities for profitable employment for 
  6.30  inmates, restitution payments to their victims, and the best 
  6.31  interests of the state, business, industry, and labor. 
  6.32     Subd. 2.  [MEMBERSHIP.] The working group shall consist of 
  6.33  two representatives of the department of corrections, and one 
  6.34  from the department of labor and industry, the department of 
  6.35  commerce, and the department of employment security as appointed 
  6.36  by the commissioner of each department.  Additional members 
  7.1   shall include two members of the house of representatives 
  7.2   appointed by the speaker of the house and two members of the 
  7.3   senate appointed by the president of the senate.  The speaker of 
  7.4   the house and president of the senate also shall appoint one 
  7.5   representative from business, one representative from labor, and 
  7.6   one representative from industry.  The commissioner of public 
  7.7   safety also shall appoint three members representing crime 
  7.8   victims organizations. 
  7.9      Subd. 3.  [ADDITIONAL DUTIES.] The working group shall make 
  7.10  recommendations concerning the establishment of a state 
  7.11  correctional facility that emphasizes industrial and commercial 
  7.12  operations with the goal of employment opportunities for inmates 
  7.13  to allow them to pay full restitution to their victims.  To the 
  7.14  extent possible, the working group shall identify specific 
  7.15  industrial and commercial operations that are able and willing 
  7.16  to meet this goal.  
  7.17     Subd. 4.  [REPORT.] By January 15, 2003, the commissioner 
  7.18  of corrections shall report to the chairs and ranking minority 
  7.19  members of the house and senate committees having jurisdiction 
  7.20  over criminal justice policy and funding on the working group's 
  7.21  findings and recommendations.  
  7.22     Sec. 6.  [SENTENCING GUIDELINES COMMISSION; REPORT.] 
  7.23     By January 15, 2003, the executive director of the 
  7.24  sentencing guidelines commission shall report to the chairs and 
  7.25  ranking minority members of the house and senate committees 
  7.26  having jurisdiction over criminal justice policy and funding on 
  7.27  (1) the dispositions and revocations under section 260B.198; (2) 
  7.28  the convictions and revocations under section 609.114; (3) the 
  7.29  total number of offenders sentenced under sections 260B.198 and 
  7.30  609.114, respectively, and for each group, the number of 
  7.31  offenders who successfully completed a character-development 
  7.32  program; and (4) a summary of the total amount of restitution 
  7.33  ordered to be paid by offenders and the amount paid. 
  7.34     Sec. 7.  [EFFECTIVE DATE.] 
  7.35     Sections 1 to 4 are effective August 1, 2002, and apply to 
  7.36  offenses committed on or after that date.  Sections 5 and 6 are 
  8.1   effective July 1, 2002.