HF 998

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

  1.1                          A bill for an act 
  1.2             relating to crime; allowing judges greater discretion 
  1.3             to use local correctional resources when sentencing 
  1.4             offenders who are eligible for the Camp Ripley work 
  1.5             program; amending Minnesota Statutes 1998, section 
  1.6             609.113, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 609.113, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [MANDATORY SENTENCE.] (a) Except as 
  1.11  provided in paragraph (b), if a court stays the imposition or 
  1.12  execution of sentence under section 609.135 for an adult male 
  1.13  who is convicted of a first- or second-time nonviolent felony 
  1.14  offense, and who has never been previously convicted of or 
  1.15  adjudicated for committing an offense against the person, the 
  1.16  court, in addition to any other intermediate sanctions ordered 
  1.17  and as a condition of probation, shall order the person to 
  1.18  satisfactorily complete the work program for the period of time 
  1.19  specified in subdivision 4, paragraph (a). 
  1.20     If the work program is full at the time of sentencing, the 
  1.21  court may sentence the person to any sentence authorized in 
  1.22  section 609.10 or 609.135.  The court may sentence the person to 
  1.23  the program and require that the person be placed in the program 
  1.24  when an opening occurs. 
  1.25     (b) If the court determines, based on substantial and 
  1.26  compelling reasons, that a person described in paragraph (a) 
  2.1   would receive a more appropriate sanction and level of care 
  2.2   through an alternative disposition using local correctional 
  2.3   resources would be more appropriate, the court may sentence the 
  2.4   person to a disposition not involving the work program 
  2.5   notwithstanding paragraph (a).  This sentence must include a 
  2.6   sanction of equivalent or greater severity as the work program. 
  2.7      If a court sentences a person under this paragraph, the 
  2.8   court shall make written findings as to the reasons for not 
  2.9   using the work program.  The court shall forward these findings, 
  2.10  including the alternative sentence imposed, to the sentencing 
  2.11  guidelines commission. 
  2.12     Sec. 2.  [EFFECTIVE DATE.] 
  2.13     Section 1 is effective August 1, 1999, and applies to 
  2.14  offenders sentenced on or after that date.