HF 417

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 04:46pm

A bill for an act
relating to public safety; providing for probationary sentences for certain nonviolent
offenders; proposing coding for new law in Minnesota Statutes, chapter 244.

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

Section 1.

new text begin [244.105] SENTENCING PRIMARY CARETAKER OF CHILD.
new text end

new text begin (a) As used in this section, "primary caretaker of a child" means a person who has custody
of a minor child or parenting time with a minor child.
new text end

new text begin (b) Prior to sentencing a defendant, in addition to considerations set forth in section
244.10 and the Minnesota Sentencing Guidelines, the court shall determine whether the
defendant is the primary caretaker of a child. This requirement does not apply to a defendant
who committed an offense that involved violence against a person.
new text end

new text begin (c) The court may find that a defendant who is the primary caretaker of a child is
particularly amenable to probation based on the relationship between the defendant and the
child and the defendant's duties and responsibilities for the child.
new text end

new text begin (d) If the court departs from the Sentencing Guidelines, stays imposition or execution
of sentence, and places the defendant on probation, the court may impose conditions of
probation with a focus on the relationship between the defendant and the child including
but not limited to:
new text end

new text begin (1) undergoing a chemical dependency evaluation and complying with any
recommendations from that assessment;
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new text begin (2) attending and successfully completing domestic violence education and prevention
classes;
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new text begin (3) attending and successfully completing anger management programming;
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new text begin (4) participating in vocational and educational services;
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new text begin (5) cooperating with job training and placement services;
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new text begin (6) attending and successfully completing parenting classes;
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new text begin (7) attending family and individual counseling; and
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new text begin (8) accessing and complying with family case management services.
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new text begin (e) Violations of the terms of probation are subject to section 609.14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to sentences
imposed on or after that date.
new text end