HF 1354

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; creating a sanctions conference 
  1.3             procedure to allow certain probation officers to 
  1.4             impose, with district court confirmation, probation 
  1.5             sanctions for technical violations of probation; 
  1.6             requiring the chief executive officer of a local 
  1.7             corrections agency to develop procedures for sanctions 
  1.8             conferences and a sanctions conference form; amending 
  1.9             Minnesota Statutes 2002, section 609.135, subdivision 
  1.10            1; proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 244; repealing Minnesota Statutes 2002, 
  1.12            section 244.19, subdivision 3a. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [244.196] [DEFINITIONS.] 
  1.15     Subdivision 1.  [DEFINITIONS.] As used in sections 244.196 
  1.16  to 244.199, the following terms have the meanings given them. 
  1.17     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
  1.18  section 609.02, subdivision 15. 
  1.19     Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
  1.20  violation sanction" includes, but is not limited to, electronic 
  1.21  monitoring, intensive probation, sentencing to service, 
  1.22  reporting to a day reporting center, chemical dependency or 
  1.23  mental health treatment or counseling, community work service, 
  1.24  remote electronic alcohol monitoring, random drug testing, and 
  1.25  participation in an educational or restorative justice program. 
  1.26     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
  1.27  means a voluntary conference at which the county probation 
  1.28  officer, offender, and, if appropriate, other interested parties 
  1.29  meet to discuss the probation violation sanction for the 
  2.1   offender's technical violation of probation. 
  2.2      Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
  2.3   conference form" means a form developed by the chief executive 
  2.4   officer of a local corrections agency with the approval of the 
  2.5   district court that explains the sanctions conference and the 
  2.6   offender's option to elect to participate in the sanctions 
  2.7   conference or to proceed to a judicial hearing. 
  2.8      Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
  2.9   means any violation of a court order of probation, except an 
  2.10  allegation of a subsequent criminal act that is alleged in a 
  2.11  formal complaint, citation, or petition. 
  2.12     Sec. 2.  [244.197] [INITIATION OF SANCTIONS CONFERENCE.] 
  2.13     Subdivision 1.  [AUTHORITY.] Unless the district court 
  2.14  directs otherwise, a probation agency may use a sanctions 
  2.15  conference to address an offender's technical violation of 
  2.16  probation. 
  2.17     Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
  2.18  has reason to believe that an offender has committed a technical 
  2.19  violation of probation, the agency shall notify the offender in 
  2.20  writing of the specific nature of the technical violation and 
  2.21  the scheduling of a sanctions conference, including the date, 
  2.22  time, and location of the sanctions conference.  The notice 
  2.23  shall also state that if the offender fails to appear at the 
  2.24  sanctions conference, the probation agency may apprehend and 
  2.25  detain the offender under section 244.195 and ask the court to 
  2.26  commence revocation proceedings under section 609.14 and rule 
  2.27  27.04 of the Rules of Criminal Procedure.  To the extent 
  2.28  feasible, the sanctions conference must take place within seven 
  2.29  days of mailing of the notice to the offender. 
  2.30     Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
  2.31  conference, the county probation officer shall provide the 
  2.32  offender with a copy of a sanctions conference form explaining 
  2.33  the sanctions conference and the offender's options for 
  2.34  proceeding.  The offender must stipulate, in writing, that the 
  2.35  offender has received a copy of the sanctions conference form 
  2.36  and that the offender understands the information contained in 
  3.1   the form and the options available to the offender.  The 
  3.2   offender also must declare, in writing, the offender's decision 
  3.3   to either participate in the sanctions conference or proceed 
  3.4   with a judicial hearing. 
  3.5      Sec. 3.  [244.198] [PARTICIPATION IN SANCTIONS CONFERENCE.] 
  3.6      Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
  3.7   elects to participate in the sanctions conference, the county 
  3.8   probation officer shall inform the offender, orally and in 
  3.9   writing, of the probation violation sanction that the county 
  3.10  probation officer is recommending for the technical violation of 
  3.11  probation.  The county probation officer shall inform the 
  3.12  offender that the probation violation sanction becomes effective 
  3.13  upon confirmation by a judge of the district court. 
  3.14     Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
  3.15  elects to participate in the sanctions conference, the county 
  3.16  probation officer conducting the sanctions conference shall 
  3.17  provide a report to the district court containing: 
  3.18     (1) the specific nature of the technical violation of 
  3.19  probation; 
  3.20     (2) the notice provided to the offender of the technical 
  3.21  violation of probation and the scheduling of the sanctions 
  3.22  conference; 
  3.23     (3) a copy of the offender's signed stipulation indicating 
  3.24  that the offender received a copy of the sanctions conference 
  3.25  form and understood it; 
  3.26     (4) a copy of the offender's written declaration to 
  3.27  participate in the sanctions conference; and 
  3.28     (5) the recommended probation violation sanction. 
  3.29  The recommended probation violation sanction becomes effective 
  3.30  when confirmed by a judge.  The order of the court shall be 
  3.31  proof of such confirmation. 
  3.32     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
  3.33  county probation officer's receipt of a confirmed order by the 
  3.34  judge, the county probation officer shall notify the offender in 
  3.35  writing that the probation violation sanction has been approved 
  3.36  by the court. 
  4.1      (b) If the court does not confirm the recommendation of the 
  4.2   county probation officer, the probation violation sanction shall 
  4.3   not go into effect.  The county probation officer shall notify 
  4.4   the offender that the court has not confirmed the sanction. 
  4.5      (c) If the court does not confirm the recommendation, the 
  4.6   county probation officer may ask the court to commence 
  4.7   revocation proceedings under section 609.14. 
  4.8      Subd. 4.  [APPEAL.] An offender may appeal the judge's 
  4.9   confirmation of the probation violation sanction as provided in 
  4.10  rule 28.05 of the Rules of Criminal Procedure. 
  4.11     Sec. 4.  [244.199] [ELECTION NOT TO PARTICIPATE.] 
  4.12     If the offender elects not to participate in the sanctions 
  4.13  conference, the county probation officer may ask the court to 
  4.14  initiate revocation proceedings or refer the matter to the 
  4.15  appropriate prosecuting authority for action under section 
  4.16  609.14.  The county probation officer also may take action to 
  4.17  apprehend and detain the offender under section 244.195. 
  4.18     Sec. 5.  Minnesota Statutes 2002, section 609.135, 
  4.19  subdivision 1, is amended to read: 
  4.20     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
  4.21  sentence of life imprisonment is required by law, or when a 
  4.22  mandatory minimum sentence is required by section 609.11, any 
  4.23  court may stay imposition or execution of sentence and: 
  4.24     (1) may order intermediate sanctions without placing the 
  4.25  defendant on probation; or 
  4.26     (2) may place the defendant on probation with or without 
  4.27  supervision and on the terms the court prescribes, including 
  4.28  intermediate sanctions when practicable.  The court may order 
  4.29  the supervision to be under the probation officer of the court, 
  4.30  or, if there is none and the conviction is for a felony or gross 
  4.31  misdemeanor, by the commissioner of corrections, or in any case 
  4.32  by some other suitable and consenting person.  Unless the court 
  4.33  directs otherwise, state parole and probation agents and 
  4.34  probation officers may impose community work service for an 
  4.35  offender's or probation violation sanctions, consistent with 
  4.36  section 243.05, subdivision 1; 244.19, subdivision 3a; or 
  5.1   401.02, subdivision 5; or sections 244.196 to 244.199. 
  5.2      No intermediate sanction may be ordered performed at a 
  5.3   location that fails to observe applicable requirements or 
  5.4   standards of chapter 181A or 182, or any rule promulgated under 
  5.5   them.  
  5.6      (b) For purposes of this subdivision, subdivision 6, and 
  5.7   section 609.14, the term "intermediate sanctions" includes but 
  5.8   is not limited to incarceration in a local jail or workhouse, 
  5.9   home detention, electronic monitoring, intensive probation, 
  5.10  sentencing to service, reporting to a day reporting center, 
  5.11  chemical dependency or mental health treatment or counseling, 
  5.12  restitution, fines, day-fines, community work service, work 
  5.13  service in a restorative justice program, work in lieu of or to 
  5.14  work off fines and, with the victim's consent, work in lieu of 
  5.15  or to work off restitution.  
  5.16     (c) A court may not stay the revocation of the driver's 
  5.17  license of a person convicted of violating the provisions of 
  5.18  section 169A.20. 
  5.19     Sec. 6.  [SANCTIONS CONFERENCE PROCEDURES.] 
  5.20     The chief executive officer of a local corrections agency, 
  5.21  with approval of the district court, shall develop procedures 
  5.22  for the sanctions conference identified in Minnesota Statutes, 
  5.23  sections 244.196 to 244.199, and to develop a sanctions 
  5.24  conference form that includes notice to the offender: 
  5.25     (1) of the specific court-ordered condition of release that 
  5.26  the offender has allegedly violated, the probation officer's 
  5.27  authority to ask the court to revoke the offender's probation 
  5.28  for the technical violation, and the offender's right to elect 
  5.29  to participate in a sanctions conference to address the 
  5.30  technical violation in lieu of the probation officer asking the 
  5.31  court to revoke the offender's probation; 
  5.32     (2) that participation in the sanctions conference is in 
  5.33  lieu of a court hearing under Minnesota Statutes, section 
  5.34  609.14, and that, if the offender elects to participate in the 
  5.35  sanctions conference, the offender must admit, or agree not to 
  5.36  contest, the alleged technical violation and must waive the 
  6.1   right to contest the violation at a judicial hearing, present 
  6.2   evidence, call witnesses, cross-examine the state's witnesses, 
  6.3   and be represented by counsel; 
  6.4      (3) that, if the offender chooses, the offender has a right 
  6.5   to a hearing before the court under Minnesota Statutes, section 
  6.6   609.14, for a determination of whether the offender committed 
  6.7   the alleged violation, including the right to be present at the 
  6.8   hearing, to cross-examine witnesses, to have witnesses 
  6.9   subpoenaed for the offender, to have an attorney present or to 
  6.10  have an attorney appointed if the offender cannot afford one, 
  6.11  and to require the state to prove the allegations against the 
  6.12  offender; 
  6.13     (4) that, if after a hearing, the court finds the 
  6.14  violations have been proven, the court may continue the 
  6.15  sentence, subject to the same, modified, or additional 
  6.16  conditions, or order a sanction that may include incarceration, 
  6.17  additional fines, revocation of the stay of sentence, imposition 
  6.18  of sentence, or other sanctions; 
  6.19     (5) that the decision to participate in the sanctions 
  6.20  conference will not result in the probation officer recommending 
  6.21  revocation of the offender's stay of sentence, unless the 
  6.22  offender fails to successfully complete the probation violation 
  6.23  sanction; 
  6.24     (6) that various types of probation violation sanctions may 
  6.25  be imposed and that the probation violation sanctions imposed on 
  6.26  the offender will depend on the nature of the technical 
  6.27  violation, the offender's criminal history, and the offender's 
  6.28  level of supervision; 
  6.29     (7) that the probation violation sanctions supplement any 
  6.30  existing conditions of release; and 
  6.31     (8) that participation in the sanctions conference requires 
  6.32  completion of all probation violation sanctions imposed by the 
  6.33  probation agency, and that failure to successfully complete the 
  6.34  imposed probation violation sanctions could result in additional 
  6.35  sanctions or the commencement of revocation proceedings under 
  6.36  Minnesota Statutes, section 609.14. 
  7.1      Sec. 7.  [REPEALER.] 
  7.2      Minnesota Statutes 2002, section 244.19, subdivision 3a, is 
  7.3   repealed.  
  7.4      Sec. 8.  [EFFECTIVE DATE.] 
  7.5      Sections 1 to 7 are effective August 1, 2003, and apply to 
  7.6   technical violations of probation that occur on or after that 
  7.7   date.