SF 2989

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; clarifying mandatory 
  1.3             sentences for driving while impaired offenders; 
  1.4             enhancing offender accountability by requiring 
  1.5             offender co-payment of certain sex offender treatment 
  1.6             fees; authorizing an independent, contracted, 
  1.7             board-certified forensic pathologist to sign the 
  1.8             record of death on department incarcerated deaths; 
  1.9             amending Minnesota Statutes 2000, section 241.67, by 
  1.10            adding a subdivision; Minnesota Statutes 2001 
  1.11            Supplement, sections 169A.276, subdivision 1; 390.23. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.14  169A.276, subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [MANDATORY PRISON SENTENCE.] (a) The court 
  1.16  shall impose a sentence upon a person who is convicted of a 
  1.17  violation of section 169A.20 (driving while impaired) under the 
  1.18  circumstances described in section 169A.24 (first-degree driving 
  1.19  while impaired) to of imprisonment for not less than three years.
  1.20  In addition, the court may order the person to pay a fine of not 
  1.21  more than $14,000.  
  1.22     (b) The court may stay execution of this mandatory sentence 
  1.23  as provided in subdivision 2 (stay of mandatory sentence), but 
  1.24  may not stay imposition or adjudication of the sentence or 
  1.25  impose a sentence that has a duration of less than three years. 
  1.26     (c) An offender committed to the custody of the 
  1.27  commissioner of corrections under this subdivision is not 
  1.28  eligible for release as provided in section 241.26, 244.065, 
  2.1   244.12, or 244.17, unless the offender has successfully 
  2.2   completed a chemical dependency treatment program while in 
  2.3   prison.  
  2.4      (d) Notwithstanding the statutory maximum sentence provided 
  2.5   in section 169A.24 (first-degree driving while impaired), when 
  2.6   the court commits a person to the custody of the commissioner of 
  2.7   corrections under this subdivision, it shall provide that after 
  2.8   the person has been released from prison the commissioner shall 
  2.9   place the person on conditional release for five years.  The 
  2.10  commissioner shall impose any conditions of release that the 
  2.11  commissioner deems appropriate including, but not limited to, 
  2.12  successful completion of an intensive probation program as 
  2.13  described in section 169A.74 (pilot programs of intensive 
  2.14  probation for repeat DWI offenders).  If the person fails to 
  2.15  comply with any condition of release, the commissioner may 
  2.16  revoke the person's conditional release and order the person to 
  2.17  serve all or part of the remaining portion of the conditional 
  2.18  release term in prison.  The commissioner may not dismiss the 
  2.19  person from supervision before the conditional release term 
  2.20  expires.  Except as otherwise provided in this section, 
  2.21  conditional release is governed by provisions relating to 
  2.22  supervised release.  The failure of a court to direct the 
  2.23  commissioner of corrections to place the person on conditional 
  2.24  release, as required in this paragraph, does not affect the 
  2.25  applicability of the conditional release provisions to the 
  2.26  person. 
  2.27     (e) The commissioner shall require persons placed on 
  2.28  supervised or conditional release under this subdivision to pay 
  2.29  as much of the costs of the supervision as possible.  The 
  2.30  commissioner shall develop appropriate standards for this. 
  2.31     Sec. 2.  Minnesota Statutes 2000, section 241.67, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 10.  [SEX OFFENDER TREATMENT FEE.] The commissioner 
  2.34  of corrections may authorize sex offender treatment providers to 
  2.35  charge and collect treatment co-pays from all offenders in their 
  2.36  treatment program.  The amount of treatment co-pay assessed to 
  3.1   each offender is based upon a fee schedule approved by the 
  3.2   commissioner.  Fees collected under this authority shall be used 
  3.3   by the treatment provider to fund the cost of treatment 
  3.4   provision. 
  3.5      Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.6   390.23, is amended to read: 
  3.7      390.23 [RECORDS OF VIOLENT OR MYSTERIOUS DEATH.] 
  3.8      No person, other than the county coroner, medical examiner, 
  3.9   or judge exercising probate jurisdiction, or department of 
  3.10  corrections independent, contracted, board-certified forensic 
  3.11  pathologist shall issue a record of death in cases of violent or 
  3.12  mysterious deaths, including suspected homicides, occurring in 
  3.13  the county.  The department of corrections independent, 
  3.14  contracted, board-certified forensic pathologist may issue a 
  3.15  certificate of death in all department of corrections 
  3.16  incarcerated deaths.