HF 1126

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am

A bill for an act
relating to public safety; modifying and expanding the conditional release
program for nonviolent drug offenders; extending the program's sunset;
modifying the mandatory minimum sentence for repeat fifth-degree controlled
substance offenders; amending Minnesota Statutes 2008, sections 152.025,
subdivision 3; 244.055, subdivisions 2, 3, 5, 11, by adding a subdivision;
repealing Minnesota Statutes 2008, section 244.055, subdivision 6.

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

Section 1.

Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:

Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
or to a local correctional authority for not less than six months nor more than ten years and,
in addition, may be sentenced to payment of a fine of not more than $20,000. new text begin Prior to the
time of sentencing, the prosecutor may file a motion to have the person sentenced without
regard to the mandatory minimum sentence established by this paragraph. The motion
must be accompanied by a statement on the record of the reasons for it. When presented
with the motion, or on its own motion, the court may sentence the person without regard
to the mandatory minimum sentence if the court finds substantial and compelling reasons
to do so. Sentencing a person in this manner is a departure from the sentencing guidelines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:

Subd. 2.

Conditional release of certain nonviolent controlled substance
offenders new text begin and nonviolent nondrug offenders new text end .

An offender who has been committed to
the commissioner's custody may petition the commissioner for conditional release from
prison before the offender's scheduled supervised release date or target release date if:

(1) the offender is serving a sentence for violating section 152.021, subdivision 2
or 2a; 152.022 deleted text begin , subdivision 2 deleted text end ; 152.023; 152.024; or 152.025 new text begin , or serving a sentence for a
nonviolent nondrug offense new text end ;

(2) the offender committed the crime as a result of a controlled substance addiction deleted text begin ,
and not primarily for profit deleted text end ;

(3) the offender has served at least 36 months or one-half of the offender's term of
imprisonment, whichever is less;

(4) the offender successfully completed a chemical dependency treatment program
of the type described in this section while in prison;

(5) the offender has not previously been conditionally released under this section; and

(6) the offender has not within the past ten years been convicted or adjudicated
delinquent for a violent crime as defined in section 609.1095 other than the current
conviction for the controlled substance offense new text begin or nonviolent nondrug offense new text end .

Sec. 3.

Minnesota Statutes 2008, section 244.055, subdivision 3, is amended to read:

Subd. 3.

Offer of chemical dependency treatment.

The commissioner shall offer
all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and (6),
the opportunity to begin a suitable chemical dependency treatment program of the type
described in this section within 160 days after the offender's term of imprisonment begins
or as soon after 160 days as possible. new text begin In making the determination under subdivision 2,
clause (2), that the offender has a controlled substance addiction, the commissioner shall
consider the chemical dependency assessment completed at intake, and that the offender is
more suitable for early release, the commissioner shall consider validated risk assessment
tools such as the Level of Service Inventory-Revised (LSI-R).
new text end

Sec. 4.

Minnesota Statutes 2008, section 244.055, subdivision 5, is amended to read:

Subd. 5.

Additional requirements.

To be eligible for release under this section,
an offender shall sign a written contract with the commissioner agreeing to comply with
the requirements of this section and the conditions imposed by the commissioner. deleted text begin In
addition to other items, the contract must specifically refer to the term of imprisonment
extension in subdivision 6. deleted text end In addition, the offender shall agree to submit to random drug
and alcohol tests and electronic or home monitoring as determined by the commissioner or
the offender's supervising agent. The commissioner may impose additional requirements
on the offender that are necessary to carry out the goals of this section.

Sec. 5.

Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Savings used for drug treatment. new text end

new text begin The commissioner shall use any
savings realized from the early release of offenders under this section for chemical
dependency treatment programs in state correctional facilities.
new text end

Sec. 6.

Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:

Subd. 11.

Sunset.

This section expires July 1, deleted text begin 2009 deleted text end new text begin 2011 new text end .

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 244.055, subdivision 6, new text end new text begin is repealed.
new text end