HF 12

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing a life imprisonment 
  1.3             sentence for persons convicted of three or more 
  1.4             violent felonies; amending Minnesota Statutes 1998, 
  1.5             sections 244.05, subdivisions 4 and 5; and 609.1095, 
  1.6             subdivisions 2, 3, and by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 244.05, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  1.11  serving a mandatory life sentence under section 609.106 must not 
  1.12  be given supervised release under this section.  An inmate 
  1.13  serving a mandatory life sentence under section 609.185, clause 
  1.14  (1), (3), (5), or (6); or 609.109, subdivision 2a; or 609.1095, 
  1.15  subdivision 3a, must not be given supervised release under this 
  1.16  section without having served a minimum term of 30 years.  An 
  1.17  inmate serving a mandatory life sentence under section 609.385 
  1.18  must not be given supervised release under this section without 
  1.19  having served a minimum term of imprisonment of 17 years. 
  1.20     Sec. 2.  Minnesota Statutes 1998, section 244.05, 
  1.21  subdivision 5, is amended to read: 
  1.22     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  1.23  commissioner of corrections may, under rules promulgated by the 
  1.24  commissioner, give supervised release to an inmate serving a 
  1.25  mandatory life sentence under section 609.185, clause (1), (3), 
  1.26  (5), or (6); 609.109, subdivision 2a; 609.1095, subdivision 3a; 
  2.1   or 609.385 after the inmate has served the minimum term of 
  2.2   imprisonment specified in subdivision 4. 
  2.3      (b) The commissioner shall require the preparation of a 
  2.4   community investigation report and shall consider the findings 
  2.5   of the report when making a supervised release decision under 
  2.6   this subdivision.  The report shall reflect the sentiment of the 
  2.7   various elements of the community toward the inmate, both at the 
  2.8   time of the offense and at the present time.  The report shall 
  2.9   include the views of the sentencing judge, the prosecutor, any 
  2.10  law enforcement personnel who may have been involved in the 
  2.11  case, and any successors to these individuals who may have 
  2.12  information relevant to the supervised release decision.  The 
  2.13  report shall also include the views of the victim and the 
  2.14  victim's family unless the victim or the victim's family chooses 
  2.15  not to participate. 
  2.16     (c) The commissioner shall make reasonable efforts to 
  2.17  notify the victim, in advance, of the time and place of the 
  2.18  inmate's supervised release review hearing.  The victim has a 
  2.19  right to submit an oral or written statement at the review 
  2.20  hearing.  The statement may summarize the harm suffered by the 
  2.21  victim as a result of the crime and give the victim's 
  2.22  recommendation on whether the inmate should be given supervised 
  2.23  release at this time.  The commissioner must consider the 
  2.24  victim's statement when making the supervised release decision. 
  2.25     (d) As used in this subdivision, "victim" means the 
  2.26  individual who suffered harm as a result of the inmate's crime 
  2.27  or, if the individual is deceased, the deceased's surviving 
  2.28  spouse or next of kin. 
  2.29     Sec. 3.  Minnesota Statutes 1998, section 609.1095, 
  2.30  subdivision 2, is amended to read: 
  2.31     Subd. 2.  [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 
  2.32  COMMITS A THIRD SECOND VIOLENT CRIME.] Whenever a person is 
  2.33  convicted of a violent crime that is a felony, and the judge is 
  2.34  imposing an executed sentence based on a sentencing guidelines 
  2.35  presumptive imprisonment sentence, the judge may impose an 
  2.36  aggravated durational departure from the presumptive 
  3.1   imprisonment sentence up to the statutory maximum sentence if 
  3.2   the offender was at least 18 years old at the time the felony 
  3.3   was committed, and: 
  3.4      (1) the court determines on the record at the time of 
  3.5   sentencing that the offender has two one or more prior 
  3.6   convictions for violent crimes; and 
  3.7      (2) the court finds that the offender is a danger to public 
  3.8   safety and specifies on the record the basis for the finding, 
  3.9   which may include: 
  3.10     (i) the offender's past criminal behavior, such as the 
  3.11  offender's high frequency rate of criminal activity or juvenile 
  3.12  adjudications, or long involvement in criminal activity 
  3.13  including juvenile adjudications; or 
  3.14     (ii) the fact that the present offense of conviction 
  3.15  involved an aggravating factor that would justify a durational 
  3.16  departure under the sentencing guidelines. 
  3.17     Sec. 4.  Minnesota Statutes 1998, section 609.1095, 
  3.18  subdivision 3, is amended to read: 
  3.19     Subd. 3.  [MANDATORY SENTENCE FOR DANGEROUS OFFENDER WHO 
  3.20  COMMITS A THIRD SECOND VIOLENT FELONY.] (a) Unless a longer 
  3.21  mandatory minimum sentence is otherwise required by law or the 
  3.22  court imposes a longer aggravated durational departure under 
  3.23  subdivision 2, a person who is convicted of a violent crime that 
  3.24  is a felony must be committed to the commissioner of corrections 
  3.25  for a mandatory sentence of at least the length of the 
  3.26  presumptive sentence under the sentencing guidelines if the 
  3.27  court determines on the record at the time of sentencing that 
  3.28  the person has two one or more prior felony convictions for 
  3.29  violent crimes.  The court shall impose and execute the prison 
  3.30  sentence regardless of whether the guidelines presume an 
  3.31  executed prison sentence.  
  3.32     Any person convicted and sentenced as required by this 
  3.33  subdivision is not eligible for probation, parole, discharge, or 
  3.34  work release, until that person has served the full term of 
  3.35  imprisonment imposed by the court, notwithstanding sections 
  3.36  241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.  
  4.1      (b) For purposes of this subdivision, "violent crime" does 
  4.2   not include a violation of section 152.023 or 152.024. 
  4.3      Sec. 5.  Minnesota Statutes 1998, section 609.1095, is 
  4.4   amended by adding a subdivision to read: 
  4.5      Subd. 3a.  [THIRD VIOLENT FELONY; LIFE SENTENCE.] (a) 
  4.6   Unless a longer mandatory minimum sentence is otherwise provided 
  4.7   by law, a person who is convicted of a violent crime that is a 
  4.8   felony must be sentenced to imprisonment for life, 
  4.9   notwithstanding the statutory maximum sentence otherwise 
  4.10  applicable to the offense, if the court determines on the record 
  4.11  at the time of sentencing that the person has two or more prior 
  4.12  felony convictions for violent crimes.  The court may waive the 
  4.13  mandatory life imprisonment penalty and sentence the person as 
  4.14  provided in subdivision 3 if the court finds, on the record, 
  4.15  substantial and compelling mitigating reasons for doing so. 
  4.16     (b) For purposes of this subdivision, "violent crime" does 
  4.17  not include a violation of section 152.023, 152.024, 609.165, 
  4.18  609.223, 609.255, 609.562, 609.687, or 624.713.  
  4.19     Sec. 6.  [EFFECTIVE DATE.] 
  4.20     Sections 1 to 5 are effective August 1, 1999, and apply to 
  4.21  crimes committed on or after that date.  The court shall 
  4.22  consider convictions occurring before August 1, 1999, as prior 
  4.23  convictions in sentencing offenders under sections 1 to 5.