HF 3369

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 05:37pm

A bill for an act
relating to public safety; establishing a limit on the length of probation for certain
attempted crimes; amending Minnesota Statutes 2023 Supplement, section 609.135,
subdivision 2.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 609.135, subdivision 2, is amended
to read:

Subd. 2.

Stay of sentence maximum periods.

(a) Except as provided in paragraph (b),
if the conviction is for a felony, the stay shall be for not more than five years or the maximum
period for which the sentence of imprisonment might have been imposed, whichever is less.

(b) If the conviction is for a felony deleted text begin described in deleted text end new text begin violation of, or a felony-level attempt
or conspiracy to violate, new text end section 609.19; 609.195; 609.20; 609.2112; 609.2113, subdivision
2; 609.2662; 609.2663; 609.2664; 609.268; 609.342; 609.343; 609.344; 609.345; 609.3451;
609.3458; or 609.749 new text begin ; or a felony-level attempt or conspiracy to violate section 609.185 or
609.2661 new text end , the stay shall be for not more than four years or the maximum period for which
the sentence of imprisonment might have been imposed, whichever is longer.

(c) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113,
subdivision 3, or 609.3451, the stay shall be for not more than four 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.

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

(e) 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.

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

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the stay has been revoked or extended under paragraph (h), or the defendant has already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

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (g), 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.

(i) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (g), 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, 2024, and applies to sentences
announced on or after that date.
new text end