HF 357

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; expanding the scope of the Camp 
  1.3             Ripley work program to include chemically dependent 
  1.4             offenders, probation violators, and supervised release 
  1.5             violators; clarifying the offenses that make an 
  1.6             offender ineligible for the Camp Ripley work program; 
  1.7             providing that counties are not responsible for per 
  1.8             diem expenses for the program for the fiscal biennium 
  1.9             ending June 30, 2001; amending Minnesota Statutes 
  1.10            1998, sections 241.277, subdivisions 1, 5, and 9; and 
  1.11            609.113, subdivisions 1, 2, 3, 4, and by adding a 
  1.12            subdivision; repealing Minnesota Statutes 1998, 
  1.13            section 609.113, subdivision 6. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 241.277, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner of 
  1.18  corrections shall establish a four-year pilot project work 
  1.19  program at Camp Ripley.  The program must serve adult male 
  1.20  nonviolent felony and gross misdemeanor offenders who are 
  1.21  ordered to complete the program by courts under section 609.113, 
  1.22  adult male offenders who are found by the court under section 
  1.23  609.14 to have violated a condition of probation or intermediate 
  1.24  sanction, and adult male offenders who are found by the 
  1.25  commissioner of corrections under section 244.05 to have 
  1.26  violated the conditions of the inmate's supervised release. 
  1.27     Sec. 2.  Minnesota Statutes 1998, section 241.277, 
  1.28  subdivision 5, is amended to read: 
  1.29     Subd. 5.  [STATUS OF OFFENDER.] An offender sentenced to 
  2.1   the work program is not committed to the commissioner of 
  2.2   corrections.  Instead, the offender is under the continuing 
  2.3   jurisdiction of the sentencing court.  Offenders sentenced to 
  2.4   the work program are not considered incarcerated for purposes of 
  2.5   computing good time or credit for time served.  
  2.6      Sec. 3.  Minnesota Statutes 1998, section 241.277, 
  2.7   subdivision 9, is amended to read: 
  2.8      Subd. 9.  [COSTS OF PROGRAM.] (a) Except as provided in 
  2.9   paragraph (b), counties sentencing offenders to the program must 
  2.10  pay 25 percent of the per diem expenses for the offender.  Per 
  2.11  diem money received from the counties are appropriated to the 
  2.12  commissioner of corrections for program expenses.  Sums of money 
  2.13  received by the commissioner under this subdivision shall not 
  2.14  cancel until the end of the fiscal year immediately following 
  2.15  the fiscal year in which the funds were received by the 
  2.16  commissioner.  The commissioner is responsible for all other 
  2.17  costs associated with the placement of offenders in the program, 
  2.18  including, but not limited to, the remaining per diem expenses 
  2.19  and the full cost of transporting offenders to and from the 
  2.20  program.  Costs of medical care must be paid according to the 
  2.21  provisions of section 3.739.  
  2.22     (b) Counties sentencing offenders to the program for crimes 
  2.23  committed on or after July 1, 1999, and before July 1, 2001, are 
  2.24  not required to pay any per diem or other expenses.  The 
  2.25  commissioner is responsible for all costs associated with the 
  2.26  placement of these offenders in the program including, but not 
  2.27  limited to, per diem expenses and the full cost of transporting 
  2.28  offenders to and from the program. 
  2.29     Sec. 4.  Minnesota Statutes 1998, section 609.113, 
  2.30  subdivision 1, is amended to read: 
  2.31     Subdivision 1.  [MANDATORY SENTENCE.] (a) Except as 
  2.32  provided in paragraph (b), if a court stays the imposition or 
  2.33  execution of sentence under section 609.135 for an adult male 
  2.34  who is convicted of a first- or second-time nonviolent felony 
  2.35  offense, and who has never been previously convicted of or 
  2.36  adjudicated for committing an offense against the person, the 
  3.1   court, in addition to any other intermediate sanctions ordered 
  3.2   and as a condition of probation, shall order the person to 
  3.3   satisfactorily complete the work program for the period of time 
  3.4   specified in subdivision 4, paragraph (a). 
  3.5      If the work program is full at the time of sentencing, the 
  3.6   court may sentence the person to any sentence authorized in 
  3.7   section 609.10 or 609.135.  The court may sentence the person to 
  3.8   the program and require that the person be placed in the program 
  3.9   when an opening occurs. 
  3.10     (b) If the court determines, based on substantial and 
  3.11  compelling reasons, that a person described in paragraph (a) 
  3.12  would receive a more appropriate sanction and level of care 
  3.13  through an alternative disposition using local correctional 
  3.14  resources would be more appropriate, the court may sentence the 
  3.15  person to a disposition not involving the work program 
  3.16  notwithstanding paragraph (a).  This sentence must include a 
  3.17  sanction of equivalent or greater severity as the work program. 
  3.18     If a court sentences a person under this paragraph, the 
  3.19  court shall make written findings as to the reasons for not 
  3.20  using the work program.  The court shall forward these findings, 
  3.21  including the alternative sentence imposed, to the sentencing 
  3.22  guidelines commission. 
  3.23     Sec. 5.  Minnesota Statutes 1998, section 609.113, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [PERMISSIVE SENTENCE.] A court may sentence a 
  3.26  person who has never previously been convicted of or adjudicated 
  3.27  for committing an offense against the person to satisfactorily 
  3.28  complete the work program for a period of time authorized in 
  3.29  subdivision 4, paragraph (b), if the person: 
  3.30     (1) is convicted of a nonviolent felony offense other than 
  3.31  a first- or second-time nonviolent felony offense and the court 
  3.32  is staying the imposition or execution of sentence under section 
  3.33  609.135; or 
  3.34     (2) is convicted of a nonviolent gross misdemeanor offense; 
  3.35  or 
  3.36     (3) is found by the court under section 609.14 to have 
  4.1   violated a condition of probation or an intermediate sanction. 
  4.2   This sentence may be in addition to any other sanctions ordered 
  4.3   by the court. 
  4.4      Sec. 6.  Minnesota Statutes 1998, section 609.113, 
  4.5   subdivision 3, is amended to read: 
  4.6      Subd. 3.  [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 
  4.7   ineligible to be sentenced to the work program if: 
  4.8      (1) the court determines that the person has a debilitating 
  4.9   chemical dependency or serious mental health problem or the 
  4.10  person has a serious and chronic condition requiring ongoing and 
  4.11  continuous medical monitoring and treatment by a medical 
  4.12  professional; or 
  4.13     (2) the person has been convicted of a nonviolent felony or 
  4.14  gross misdemeanor offense after having initially been charged 
  4.15  with committing a crime against the person the person has been 
  4.16  previously convicted of or adjudicated delinquent for committing 
  4.17  or attempting to commit any of the following laws of this state 
  4.18  or any similar law of the United States or any other state:  
  4.19  section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
  4.20  609.21; 609.221; 609.222; 609.223; 609.2231; 609.228; 609.229; 
  4.21  609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 
  4.22  609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 
  4.23  609.342; 609.343; 609.344; 609.345; 609.3451; 609.485, 
  4.24  subdivision 4, paragraph (b); 609.487, subdivision 4; 609.498, 
  4.25  subdivision 1 or 1b; 609.561; 609.582, subdivision 1; 609.66, 
  4.26  subdivision 1e; 609.687; 609.713; 609.749; 609.855, subdivision 
  4.27  5; 624.713; any gross misdemeanor or felony violation of section 
  4.28  609.24 or 609.2242; and any provision of chapter 152 that is 
  4.29  punishable by a maximum sentence of 15 years or more; or 
  4.30     (3) the person has been previously convicted of or 
  4.31  adjudicated delinquent for committing or attempting to commit a 
  4.32  misdemeanor violation of section 609.24 or 609.2242 or any 
  4.33  similar law of the United States or any other state, unless 
  4.34  three or more years have passed since the person was discharged 
  4.35  from sentence or disposition for the conviction or adjudication; 
  4.36  or 
  5.1      (4) the current offense is one for which the sentencing 
  5.2   guidelines presume a commitment to the commissioner of 
  5.3   corrections; or 
  5.4      (5) the current offense is one that is listed in clause (2) 
  5.5   or (3). 
  5.6      Sec. 7.  Minnesota Statutes 1998, section 609.113, 
  5.7   subdivision 4, is amended to read: 
  5.8      Subd. 4.  [LENGTH OF SENTENCE.] (a) If the court determines 
  5.9   that the offense is the person's first nonviolent felony 
  5.10  offense, the court shall sentence the person to the work program 
  5.11  for 60 days.  If the court determines that the offense is the 
  5.12  person's second nonviolent felony offense, the court shall 
  5.13  sentence the person to the work program for 90 days. 
  5.14     (b) The court may sentence a person described in 
  5.15  subdivision 2 as follows: 
  5.16     (1) if the person is convicted of a nonviolent felony 
  5.17  offense, the court may sentence the person to the work program 
  5.18  for up to 90 days; or 
  5.19     (2) if the person is convicted of a nonviolent gross 
  5.20  misdemeanor offense, the court may sentence the person to the 
  5.21  work program for up to 30 days; or 
  5.22     (3) if the person is found to have violated a condition of 
  5.23  release or an intermediate sanction under section 609.14, the 
  5.24  court may sentence the person to the work program for any period 
  5.25  of time up to one year. 
  5.26     (c) The person shall be placed in the work program as soon 
  5.27  as possible after the sentencing to ensure swift consequences 
  5.28  for the offense.  
  5.29     Sec. 8.  Minnesota Statutes 1998, section 609.113, is 
  5.30  amended by adding a subdivision to read: 
  5.31     Subd. 4a.  [CREDIT FOR PRIOR INCARCERATION.] When sentence 
  5.32  is imposed under this section, the court shall ensure that the 
  5.33  record accurately reflects all time spent in custody in 
  5.34  connection with the offense or behavioral incident for which 
  5.35  sentence is imposed.  Such time shall be automatically deducted 
  5.36  from the sentence, including time spent in custody as a 
  6.1   condition of probation from a prior stay of imposition or 
  6.2   execution of sentence. 
  6.3      Sec. 9.  [REPEALER.] 
  6.4      Minnesota Statutes 1998, section 609.113, subdivision 6, is 
  6.5   repealed. 
  6.6      Sec. 10.  [EFFECTIVE DATE.] 
  6.7      Sections 1 to 9 are effective the day following final 
  6.8   enactment for crimes committed on or after that date.