HF 3363

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

  1.1                          A bill for an act 
  1.2             relating to criminal justice; extending indefinitely 
  1.3             the maximum stay of sentence for offenders convicted 
  1.4             of felony-level designated property offenses; amending 
  1.5             Minnesota Statutes 2000, section 609.135, subdivision 
  1.6             2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 609.135, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
  1.11  conviction is for a felony the stay shall be for not more than 
  1.12  four years or the maximum period for which the sentence of 
  1.13  imprisonment might have been imposed, whichever is longer. 
  1.14     (b) If the conviction is for a gross misdemeanor violation 
  1.15  of section 169A.20, the stay shall be for not more than six 
  1.16  years.  The court shall provide for unsupervised probation for 
  1.17  the last year of the stay unless the court finds that the 
  1.18  defendant needs supervised probation for all or part of the last 
  1.19  year. 
  1.20     (c) If the conviction is for a gross misdemeanor not 
  1.21  specified in paragraph (b), the stay shall be for not more than 
  1.22  two years. 
  1.23     (d) If the conviction is for any misdemeanor under section 
  1.24  169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a 
  1.25  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
  1.26  which the victim of the crime was a family or household member 
  2.1   as defined in section 518B.01, the stay shall be for not more 
  2.2   than two years.  The court shall provide for unsupervised 
  2.3   probation for the second year of the stay unless the court finds 
  2.4   that the defendant needs supervised probation for all or part of 
  2.5   the second year. 
  2.6      (e) If the conviction is for a misdemeanor not specified in 
  2.7   paragraph (d), the stay shall be for not more than one year.  
  2.8      (f) The defendant shall be discharged six months after the 
  2.9   term of the stay expires, unless the stay has been revoked or 
  2.10  extended under paragraph (g) or (h), or the defendant has 
  2.11  already been discharged. 
  2.12     (g) Notwithstanding the maximum periods specified for stays 
  2.13  of sentences under paragraphs (a) to (f) and unless a longer 
  2.14  extension period applies under paragraph (h), a court may extend 
  2.15  a defendant's term of probation for up to one year if it finds, 
  2.16  at a hearing conducted under subdivision 1a, that: 
  2.17     (1) the defendant has not paid court-ordered restitution or 
  2.18  a fine in accordance with the payment schedule or structure; and 
  2.19     (2) the defendant is likely to not pay the restitution or 
  2.20  fine the defendant owes before the term of probation expires.  
  2.21  This one-year extension of probation for failure to pay 
  2.22  restitution or a fine may be extended by the court for up to one 
  2.23  additional year if the court finds, at another hearing conducted 
  2.24  under subdivision 1a, that the defendant still has not paid the 
  2.25  court-ordered restitution or fine that the defendant owes. 
  2.26     (h) Notwithstanding the maximum periods specified for stays 
  2.27  of sentences under paragraphs (a) to (g), a court may extend a 
  2.28  defendant's term of probation for designated property offenses 
  2.29  for up to the length of the person's life if it finds, at a 
  2.30  hearing conducted under subdivision 1a, that: 
  2.31     (1) the defendant has not paid court-ordered restitution in 
  2.32  accordance with the payment schedule or structure; and 
  2.33     (2) the defendant is likely to not pay the restitution the 
  2.34  defendant owes before the term of probation expires.  A 
  2.35  "designated property offense" means a felony-level violation of 
  2.36  section 609.52 (theft), 609.525 (bringing stolen goods into the 
  3.1   state), 609.526 (receiving stolen property by precious metal 
  3.2   dealers), 609.527 (identity theft), 609.528 (possession or sale 
  3.3   of stolen or dishonored checks), 609.535 (issuance of dishonored 
  3.4   checks), 609.54 (embezzlement of public funds), 609.561 to 
  3.5   609.563 (arson), 609.5641 (wildfire arson), 609.576 (negligent 
  3.6   fires or dangerous smoking), 609.582 (burglary), and 609.595 
  3.7   (criminal damage to property). 
  3.8      (i) Notwithstanding the maximum periods specified for stays 
  3.9   of sentences under paragraphs (a) to (f), a court may extend a 
  3.10  defendant's term of probation for up to three years if it finds, 
  3.11  at a hearing conducted under subdivision 1c, that: 
  3.12     (1) the defendant has failed to complete court-ordered 
  3.13  treatment successfully; and 
  3.14     (2) the defendant is likely not to complete court-ordered 
  3.15  treatment before the term of probation expires. 
  3.16     Sec. 2.  [EFFECTIVE DATE.] 
  3.17     Section 1 is effective August 1, 2001, and applies to 
  3.18  crimes prohibited on or after that date.