HF 1607

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 06:59pm

A bill for an act
relating to public safety; establishing a limit of five years on the length of probation
in most felony sentences; providing for retroactive application; amending Minnesota
Statutes 2022, section 609.135, subdivisions 1a, 1c, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 609.135, subdivision 1a, is amended to read:

Subd. 1a.

Failure to pay restitution.

If the court orders payment of restitution as a
condition of probation and if the defendant fails to pay the restitution in accordance with
the payment schedule or structure established by the court or the probation officer, the
prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own
motion or at the request of the victim, ask the court to hold a hearing to determine whether
or not the conditions of probation should be changed or probation should be revoked. The
defendant's probation officer shall ask for the hearing if the restitution ordered has not been
paid prior to 60 days before the term of probation expires. The court shall schedule and hold
this hearing and take appropriate action, including action under subdivision 2, paragraph
deleted text begin (g) deleted text end new text begin (h) new text end , before the defendant's term of probation expires.

Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104 when a defendant fails to pay court-ordered restitution.

Sec. 2.

Minnesota Statutes 2022, section 609.135, subdivision 1c, is amended to read:

Subd. 1c.

Failure to complete court-ordered treatment.

If the court orders a defendant
to undergo treatment as a condition of probation and if the defendant fails to successfully
complete treatment at least 60 days before the term of probation expires, the prosecutor or
the defendant's probation officer may ask the court to hold a hearing to determine whether
the conditions of probation should be changed or probation should be revoked. The court
shall schedule and hold this hearing and take appropriate action, including action under
subdivision 2, paragraph deleted text begin (h) deleted text end new text begin (i) new text end , before the defendant's term of probation expires.

Sec. 3.

Minnesota Statutes 2022, section 609.135, subdivision 2, is amended to read:

Subd. 2.

Stay of sentence maximum periods.

(a) new text begin Except as provided in paragraph (b),
new text end if the conviction is for a felony deleted text begin other than section 609.2113, subdivision 1 or 2, 609.2114,
subdivision 2, or section 609.3451, subdivision 1 or 1a, or Minnesota Statutes 2012, section
609.21, subdivision 1a, paragraph (b) or (c) deleted text end , the stay shall be for not more than deleted text begin four deleted text end new text begin five new text end
years or the maximum period for which the sentence of imprisonment might have been
imposed, whichever is deleted text begin longer deleted text end new text begin less new text end .

new text begin (b) If the conviction is for a felony described in section 609.19, 609.195, 609.20,
609.2112, 609.2662, 609.2663, 609.2664, 609.268, 609.342, 609.343, 609.344, 609.345,
609.3451, or 609.3458, the stay shall be for not more than the maximum period for which
the sentence of imprisonment might have been imposed.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end If the conviction is for a gross misdemeanor violation of section 169A.20,
609.2113, subdivision 3, or 609.3451, deleted text begin or for a felony described in section 609.2113,
subdivision 1 or 2, 609.2114, subdivision 2, or 609.3451, subdivision 1 or 1a, deleted text end the stay shall
be for not more than six years. The court shall provide for unsupervised probation for the
last year of the stay unless the court finds that the defendant needs supervised probation for
all or part of the last year.

deleted text begin (c) deleted text end new text begin (d) new text end If the conviction is for a gross misdemeanor not specified in paragraph (b), the
stay shall be for not more than two years.

deleted text begin (d) deleted text end new text begin (e) new text end If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224,
subdivision 1, in which the victim of the crime was a family or household member as defined
in section 518B.01, the stay shall be for not more than two years. The court shall provide
for unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.

deleted text begin (e) deleted text end new text begin (f) new text end If the conviction is for a misdemeanor not specified in paragraph (d), the stay
shall be for not more than one year.

deleted text begin (f) deleted text end new text begin (g) new text end The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph deleted text begin (g) deleted text end new text begin (h) new text end , or the defendant has
already been discharged.

deleted text begin (g) deleted text end new text begin (h) new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f) deleted text end new text begin (g) new text end , a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.

deleted text begin (h) deleted text end new text begin (i) new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f) deleted text end new text begin (g) new text end , a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to sentences
announced on or after that date.
new text end

Sec. 4. new text begin PROBATION LIMITS; RETROACTIVE APPLICATION.
new text end

new text begin (a) Any person placed on probation before August 1, 2023, is eligible for resentencing
if:
new text end

new text begin (1) the person was placed on probation for a felony violation;
new text end

new text begin (2) the court placed the person on probation for a length of time that exceeded five years;
new text end

new text begin (3) under Minnesota Statutes, section 609.135, subdivision 2, the maximum length of
probation the court could have ordered the person to serve on or after August 1, 2023, is
five years; and
new text end

new text begin (4) the sentence of imprisonment has not been executed.
new text end

new text begin (b) Resentencing shall be treated as a correction or reduction of sentence pursuant to
rule 27.03, subdivision 9, of the Rules of Criminal Procedure.
new text end

new text begin (c) The term of the stay of probation for any person who is eligible for resentencing
under paragraph (a) and who has served five or more years of probation as of August 1,
2023, shall be considered to have expired on October 1, 2023, unless:
new text end

new text begin (1) the term of the stay of probation would have expired before that date under the
original sentence; or
new text end

new text begin (2) the length of probation is extended pursuant to Minnesota Statutes, section 609.135,
subdivision 2, paragraph (h) or (i).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to sentences
announced before that date.
new text end