HF 1175

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; authorizing sentences to 
  1.3             restorative justice programs; increasing penalties for 
  1.4             certain repeat misdemeanor violations; increasing the 
  1.5             power of peace officers to make custodial arrests for 
  1.6             these crimes; requiring law enforcement agencies to 
  1.7             make reasonable efforts to notify complaining 
  1.8             witnesses of the disposition of these cases; 
  1.9             appropriating money for restorative justice program 
  1.10            grants; amending Minnesota Statutes 1996, sections 
  1.11            609.10; 609.125; and 609.135, subdivision 1; proposing 
  1.12            coding for new law in Minnesota Statutes, chapter 609. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 609.10, is 
  1.15  amended to read: 
  1.16     609.10 [SENTENCES AVAILABLE.] 
  1.17     Upon conviction of a felony and compliance with the other 
  1.18  provisions of this chapter the court, if it imposes sentence, 
  1.19  may sentence the defendant to the extent authorized by law as 
  1.20  follows: 
  1.21     (1) to life imprisonment; or 
  1.22     (2) to imprisonment for a fixed term of years set by the 
  1.23  court; or 
  1.24     (3) to both imprisonment for a fixed term of years and 
  1.25  payment of a fine; or 
  1.26     (4) to payment of a fine without imprisonment or to 
  1.27  imprisonment for a fixed term of years if the fine is not paid; 
  1.28  or 
  1.29     (5) to payment of court-ordered restitution in addition to 
  2.1   either imprisonment or payment of a fine, or both; or 
  2.2      (6) to payment of a local correctional fee as authorized 
  2.3   under section 609.102 in addition to any other sentence imposed 
  2.4   by the court; or 
  2.5      (7) to performance of work service in a restorative justice 
  2.6   program. 
  2.7      As used in this section, "restitution" includes: 
  2.8      (i) payment of compensation to the victim or the victim's 
  2.9   family; and 
  2.10     (ii) if the victim is deceased or already has been fully 
  2.11  compensated, payment of money to a victim assistance program or 
  2.12  other program directed by the court. 
  2.13     In controlled substance crime cases, "restitution" also 
  2.14  includes payment of compensation to a government entity that 
  2.15  incurs loss as a direct result of the controlled substance crime.
  2.16     Sec. 2.  Minnesota Statutes 1996, section 609.125, is 
  2.17  amended to read: 
  2.18     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
  2.19     Upon conviction of a misdemeanor or gross misdemeanor the 
  2.20  court, if sentence is imposed, may, to the extent authorized by 
  2.21  law, sentence the defendant: 
  2.22     (1) to imprisonment for a definite term; or 
  2.23     (2) to payment of a fine, or to imprisonment for a 
  2.24  specified term if the fine is not paid; or 
  2.25     (3) to both imprisonment for a definite term and payment of 
  2.26  a fine; or 
  2.27     (4) to payment of court-ordered restitution in addition to 
  2.28  either imprisonment or payment of a fine, or both; or 
  2.29     (5) to payment of a local correctional fee as authorized 
  2.30  under section 609.102 in addition to any other sentence imposed 
  2.31  by the court; or 
  2.32     (6) to performance of work service in a restorative justice 
  2.33  program. 
  2.34     As used in this section, "restitution" includes: 
  2.35     (i) payment of compensation to the victim or the victim's 
  2.36  family; and 
  3.1      (ii) if the victim is deceased or already has been fully 
  3.2   compensated, payment of money to a victim assistance program or 
  3.3   other program directed by the court. 
  3.4      In controlled substance crime cases, "restitution" also 
  3.5   includes payment of compensation to a government entity that 
  3.6   incurs loss as a direct result of the controlled substance crime.
  3.7      Sec. 3.  Minnesota Statutes 1996, section 609.135, 
  3.8   subdivision 1, is amended to read: 
  3.9      Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
  3.10  sentence of life imprisonment is required by law, or when a 
  3.11  mandatory minimum sentence is required by section 609.11, any 
  3.12  court may stay imposition or execution of sentence and: 
  3.13     (a) (1) may order intermediate sanctions without placing 
  3.14  the defendant on probation,; or 
  3.15     (b) (2) may place the defendant on probation with or 
  3.16  without supervision and on the terms the court prescribes, 
  3.17  including intermediate sanctions when practicable.  The court 
  3.18  may order the supervision to be under the probation officer of 
  3.19  the court, or, if there is none and the conviction is for a 
  3.20  felony or gross misdemeanor, by the commissioner of corrections, 
  3.21  or in any case by some other suitable and consenting person.  No 
  3.22  intermediate sanction may be ordered performed at a location 
  3.23  that fails to observe applicable requirements or standards of 
  3.24  chapter 181A or 182, or any rule promulgated under them.  
  3.25     (b) For purposes of this subdivision, subdivision 6, and 
  3.26  section 609.14, the term "intermediate sanctions" includes but 
  3.27  is not limited to incarceration in a local jail or workhouse, 
  3.28  home detention, electronic monitoring, intensive probation, 
  3.29  sentencing to service, reporting to a day reporting center, 
  3.30  chemical dependency or mental health treatment or counseling, 
  3.31  restitution, fines, day-fines, community work service, work 
  3.32  service in a restorative justice program, work in lieu of or to 
  3.33  work off fines and, with the victim's consent, work in lieu of 
  3.34  or to work off restitution.  
  3.35     (c) A court may not stay the revocation of the driver's 
  3.36  license of a person convicted of violating the provisions of 
  4.1   section 169.121. 
  4.2      Sec. 4.  [609.153] [INCREASED PENALTIES FOR CERTAIN 
  4.3   MISDEMEANORS.] 
  4.4      Subdivision 1.  [APPLICATION.] This section applies to the 
  4.5   following misdemeanor-level crimes:  sections 609.546 (motor 
  4.6   vehicle tampering); 609.595 (damage to property); and 609.66 
  4.7   (dangerous weapons); and violations of local ordinances 
  4.8   prohibiting the unlawful sale or possession of controlled 
  4.9   substances.  This section also applies to misdemeanor-level 
  4.10  violations of section 609.324 (prostitution) committed by a 
  4.11  person who hires or agrees to hire any individual 18 years of 
  4.12  age or above to engage in sexual penetration or sexual contact.  
  4.13     Subd. 2.  [CUSTODIAL ARREST.] Notwithstanding Rule 6.01 of 
  4.14  the Rules of Criminal Procedure, a peace officer acting without 
  4.15  a warrant who has decided to proceed with the prosecution of a 
  4.16  person for committing a crime described in subdivision 1, may 
  4.17  arrest and take the person into custody if the officer has 
  4.18  reason to believe the person has a prior conviction for any 
  4.19  crime described in subdivision 1. 
  4.20     Subd. 3.  [INCREASED PENALTY.] Notwithstanding the 
  4.21  statutory maximum penalty otherwise applicable to the offense, a 
  4.22  person who commits a misdemeanor-level crime described in 
  4.23  subdivision 1 is guilty of a gross misdemeanor if the court 
  4.24  determines at the time of sentencing that the person has two or 
  4.25  more prior convictions in this or any other state for any of the 
  4.26  crimes described in subdivision 1. 
  4.27     Subd. 4.  [NOTICE TO COMPLAINING WITNESS.] A peace officer 
  4.28  who arrests a person under the circumstances described in 
  4.29  subdivision 2 shall make reasonable efforts, in cooperation with 
  4.30  the prosecuting attorney, to notify the complaining witness of 
  4.31  the final outcome of the criminal proceeding that resulted from 
  4.32  the arrest including, where appropriate, the decision to dismiss 
  4.33  or not file charges against the arrested person. 
  4.34     Sec. 5.  [RESTORATIVE JUSTICE PROGRAMS; APPROPRIATION.] 
  4.35     Subdivision 1.  [DEFINITION.] As used in this section, 
  4.36  "restorative justice program" means a program that provides 
  5.1   forums where, as an alternative to prosecution, certain 
  5.2   individuals accused of having committed a crime meet with the 
  5.3   victim; the victim's family members or other supportive persons, 
  5.4   if appropriate; the offender's family members or other 
  5.5   supportive persons, if appropriate; a law enforcement official 
  5.6   or prosecutor when appropriate; and members of the community, in 
  5.7   order to: 
  5.8      (1) discuss the impact of the offense on the victim and the 
  5.9   community; 
  5.10     (2) assign an appropriate sanction to the offender; and 
  5.11     (3) provide methods for reintegrating the offender into the 
  5.12  community when the offender is from the community. 
  5.13     Subd. 2.  [APPROPRIATION.] $....... is appropriated from 
  5.14  the general fund to the commissioner of corrections for the 
  5.15  fiscal biennium ending June 30, 1999.  Of this amount: 
  5.16     (1) $....... is to fund an additional restorative justice 
  5.17  planner position in the department.  The planner shall assist 
  5.18  local communities and organizations in assessing the suitability 
  5.19  of a restorative justice program in the community, in applying 
  5.20  for restorative justice program grant funds, and in developing 
  5.21  and implementing restorative justice programs; 
  5.22     (2) $....... is for grants to local communities and 
  5.23  organizations to establish and implement restorative justice 
  5.24  programs in their communities.  Grant funds may be used by local 
  5.25  communities and organizations: 
  5.26     (i) to establish and implement, in conjunction with 
  5.27  existing community organizations, new community-based 
  5.28  restorative justice programs in conjunction with existing 
  5.29  criminal justice programs and agencies; and 
  5.30     (ii) to associate with or use the expertise of existing 
  5.31  restorative justice programs that already are operating 
  5.32  successfully in the community; and 
  5.33     (3) $....... is for grants to local government law 
  5.34  enforcement bodies to provide additional investigative resources 
  5.35  for misdemeanors. 
  5.36     Sec. 6.  [EFFECTIVE DATE.] 
  6.1      Sections 1 to 4 are effective August 1, 1997, and apply to 
  6.2   crimes committed on or after that date.