HF 4146

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; making changes to the 
  1.3             challenge incarceration program; requiring the 
  1.4             commissioner of corrections to notify the county 
  1.5             attorney when an offender is placed in the program; 
  1.6             requiring offenders to remain in phase I of the 
  1.7             program for at least one-half of the offender's term 
  1.8             of imprisonment; amending Minnesota Statutes 1998, 
  1.9             sections 244.17, subdivision 1; and 244.172, 
  1.10            subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 244.17, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [GENERALLY.] The commissioner may select 
  1.15  offenders who meet the eligibility requirements of subdivisions 
  1.16  2 and 3 to participate in a challenge incarceration program 
  1.17  described in sections 244.171 and 244.172 for all or part of the 
  1.18  offender's sentence if the offender agrees to participate in the 
  1.19  program and signs a written contract with the commissioner 
  1.20  agreeing to comply with the program's requirements.  The 
  1.21  commissioner must notify the county attorney who prosecuted the 
  1.22  offender that the offender has agreed to participate in the 
  1.23  program.  The commissioner also must give the county attorney an 
  1.24  opportunity to communicate to the commissioner any objections or 
  1.25  concerns the county attorney may have to the offender's 
  1.26  participation in the program. 
  1.27     Sec. 2.  Minnesota Statutes 1998, section 244.172, 
  1.28  subdivision 1, is amended to read: 
  2.1      Subdivision 1.  [PHASE I.] At a minimum, phase I of the 
  2.2   program lasts at least for one-half of the offender's term of 
  2.3   imprisonment or six months, whichever time period is longer.  
  2.4   The offender must be confined in a state correctional facility 
  2.5   designated by the commissioner and must successfully participate 
  2.6   in all intensive treatment, education and work programs required 
  2.7   by the commissioner.  The offender must also submit on demand to 
  2.8   random drug and alcohol testing at time intervals set by the 
  2.9   commissioner.  Throughout phase I, the commissioner must 
  2.10  severely restrict the offender's telephone and visitor 
  2.11  privileges.