HF 1609

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; changing criminal
sentencing for certain controlled substance
possessors; authorizing expungement of conviction
records for certain controlled substance possessors;
adjusting the terms of imprisonment for certain
controlled substance offenders; appropriating money;
amending Minnesota Statutes 2004, sections 609A.02, by
adding a subdivision; 609A.03, subdivision 5, by
adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 152; 244.

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

Section 1.

new text begin [152.0255] STAYED SENTENCES FOR FIRST-TIME
CONTROLLED SUBSTANCE POSSESSORS.
new text end

new text begin Subdivision 1. new text end

new text begin Presumptive stayed sentence, first-time
fourth- and fifth-degree controlled substance possessors. new text end

new text begin (a)
Notwithstanding any contrary provision of the sentencing
guidelines or any other law, the court shall presume that an
offender convicted of violating section 152.024, subdivision 2,
or 152.025, subdivision 2, be sentenced to a stayed sentence if
the offender has not previously been convicted or adjudicated
delinquent for a violation of this chapter, or an offense from
another jurisdiction similar to an offense under this chapter.
The court may impose appropriate terms and conditions on the
offender.
new text end

new text begin (b) When a court stays the sentence of an offender
described in paragraph (a), it shall order the offender to
successfully complete a chemical dependency treatment program
designated by the court. The court shall select a program that
is appropriate given the offender's chemical dependency needs.
When possible, the program must be tailored specifically to the
offender's specific addiction, have an inpatient and outpatient
component, including aftercare, and be of a sufficient duration
to adequately address the offender's chemical dependency issues.
new text end

new text begin (c) A sentence under this subdivision is not a departure
under the sentencing guidelines.
new text end

new text begin Subd. 2. new text end

new text begin Stayed sentences authorized; first-time first-,
second-, and third-degree controlled substance possessors. new text end

new text begin (a)
Notwithstanding any contrary provision of the sentencing
guidelines or any other law, the court may stay the execution of
sentence for an offender convicted of violating section 152.021,
subdivision 2; 152.022, subdivision 2; or 152.023, subdivision
2, if the offender has not previously been convicted or
adjudicated delinquent for a violation of this chapter, or an
offense from another jurisdiction similar to an offense under
this chapter. The court may impose appropriate terms and
conditions on the offender.
new text end

new text begin (b) If the court stays an offender's sentence under
paragraph (a), it shall order the offender to successfully
complete a chemical dependency treatment program designated by
the court. The court shall select a program that is appropriate
given the offender's chemical dependency needs. When possible,
the program must be tailored specifically to the offender's
specific addiction, have an inpatient and outpatient component,
including aftercare, and be of a sufficient duration to
adequately address the offender's chemical dependency issues.
new text end

new text begin (c) A sentence under this subdivision is not a departure
under the sentencing guidelines.
new text end

new text begin Subd. 3. new text end

new text begin Costs. new text end

new text begin When a court sentences an offender under
this section, it may require the offender to pay the costs of
the treatment program as well as other costs authorized by law.
new text end

new text begin Subd. 4. new text end

new text begin Presentence investigation. new text end

new text begin The court shall
consider the results of the presentence investigation under
section 609.115, including the chemical use assessment, and any
other relevant information before sentencing an offender
described in this section.
new text end

new text begin Subd. 5. new text end

new text begin Exception; prior violent crimes or possession of
dangerous weapon. new text end

new text begin Except as otherwise provided in this section,
this section does not apply to an offender who has previously
been convicted or adjudicated delinquent for a violent crime as
defined in section 609.1095 or who possessed a dangerous weapon
at the time of arrest.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders sentenced on or after that date.
new text end

Sec. 2.

new text begin [244.045] SUPERVISED RELEASE OF CONTROLLED
SUBSTANCE OFFENDERS.
new text end

new text begin (a) Notwithstanding any contrary provision of the
sentencing guidelines or any other law, but subject to paragraph
(c), the commissioner of corrections shall place an offender
committed to the commissioner's custody for a violation of
section 152.022, 152.023, 152.024, or 152.025 on supervised
release after the offender has served one-half of the offender's
executed sentence if:
new text end

new text begin (1) the original length of the offender's executed sentence
was 18 months or longer; and
new text end

new text begin (2) while in prison for the offense, the offender
successfully completed a chemical dependency treatment program
of at least six months in duration.
new text end

new text begin (b) Successful completion of the program described in
paragraph (a), clause (2), is to be determined by the program
director.
new text end

new text begin (c) No offender who violates a disciplinary rule or refuses
to participate in a rehabilitative program as required under
section 244.03 shall be placed on supervised release until the
offender has served the disciplinary confinement period for that
disciplinary sanction or until the offender is discharged or
released from punitive segregation confinement, whichever is
later. The imposition of a disciplinary confinement period
shall be considered to be a disciplinary sanction imposed upon
an offender, and the procedure for imposing the disciplinary
confinement period and the rights of the offender in the
procedure shall be those in effect for the imposition of other
disciplinary sanctions at each state correctional institution.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to persons incarcerated or sentenced on or after
that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 609A.02, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Other controlled substance offenses;
convictions. new text end

new text begin A petition may be filed under section 609A.03 to
seal all records relating to an arrest, indictment or
information, trial, or verdict for a violation of section
152.021, subdivision 2; 152.022, subdivision 2; 152.023,
subdivision 2; 152.024, subdivision 2; or 152.025, subdivision
2, if the actions or proceedings were not resolved in favor of
the petitioner, and:
new text end

new text begin (1) the petitioner received a stayed sentence under section
152.0255;
new text end

new text begin (2) the petitioner successfully completed and fully paid
for a chemical dependency treatment program as described in
section 152.0255, subdivision 1, paragraph (b), or subdivision
2, paragraph (b), and has not violated any other terms or
conditions imposed by the sentencing court;
new text end

new text begin (3) at least a year has elapsed since the petitioner
completed the chemical dependency treatment program and during
that time the petitioner has not illegally used or possessed a
controlled substance or violated any law; and
new text end

new text begin (4) the petitioner has fully paid all of the prosecution
and other costs imposed on the petitioner by the sentencing
court.
new text end

new text begin If the court determines that the petitioner is indigent, the
court may allow the petitioner to perform an amount of community
service having a monetary value of up to 50 percent of the costs
described in clauses (2) and (4). The petitioner is responsible
for paying the remaining costs owed before obtaining an
expungement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 609A.03,
subdivision 5, is amended to read:

Subd. 5.

Nature of remedy; standard; firearms
restriction.

(a) Except as otherwise provided by
deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (c) new text end , expungement of a criminal
record is an extraordinary remedy to be granted only upon clear
and convincing evidence that it would yield a benefit to the
petitioner commensurate with the disadvantages to the public and
public safety of:

(1) sealing the record; and

(2) burdening the court and public authorities to issue,
enforce, and monitor an expungement order.

(b) Except as otherwise provided by this paragraph, if the
petitioner is petitioning for the sealing of a criminal record
under section 609A.02, subdivision 3, the court shall grant the
petition to seal the record unless the agency or jurisdiction
whose records would be affected establishes by clear and
convincing evidence that the interests of the public and public
safety outweigh the disadvantages to the petitioner of not
sealing the record.

(c) new text begin If the petitioner is petitioning for the sealing of a
criminal record under section 609A.02, subdivision 1a, the court
shall grant the petition if the petitioner establishes by a
preponderance of the evidence that:
new text end

new text begin (1) the petitioner meets the criteria described in section
609A.02, subdivision 1a; and
new text end

new text begin (2) it would yield a benefit to the petitioner commensurate
with the disadvantages to the public and public safety of:
new text end

new text begin (i) sealing the record; and
new text end

new text begin (ii) burdening the court and public authorities to issue,
enforce, and monitor an expungement order.
new text end

new text begin (d) new text end If the court issues an expungement order it may require
that the criminal record be sealed, the existence of the record
not be revealed, and the record not be opened except as required
under subdivision 7. Records must not be destroyed or returned
to the subject of the record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609A.03, is
amended by adding a subdivision to read:

new text begin Subd. 6a. new text end

new text begin Certain controlled substance offenders;
discharge from probation. new text end

new text begin If the court orders the sealing of
the criminal record of a petitioner under subdivision 5,
paragraph (c), it shall discharge the petitioner from probation
for the offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 6. new text begin CONTROLLED SUBSTANCE OFFENDERS CURRENTLY IN
PRISON; SUPERVISED RELEASE.
new text end

new text begin An offender meeting the criteria described in Minnesota
Statutes, section 244.045, who completed a chemical dependency
treatment program before August 1, 2005, while in prison for
that offense, shall be placed on supervised release by the
commissioner of corrections within a reasonable time after
presenting the program director's certification to the
commissioner showing that the offender successfully completed
the program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 7. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Corrections. new text end

new text begin $1,000,000 for the fiscal
year ending June 30, 2006, and $1,000,000 for the fiscal year
ending June 30, 2007, are appropriated from the general fund to
the commissioner of corrections for the development, expansion,
and operation of prison-based chemical dependency treatment
programs, including, but not limited to, methamphetamine
treatment programs.
new text end

new text begin Subd. 2. new text end

new text begin Human services. new text end

new text begin $1,000,000 for the fiscal year
ending June 30, 2006, and $1,000,000 for the fiscal year ending
June 30, 2007, are appropriated from the general fund to the
commissioner of human services for deposit into the chemical
dependency treatment fund for Tier II chemical dependency
treatment of persons with low incomes.
new text end

new text begin Subd. 3. new text end

new text begin Peace officers standards and training
board. new text end

new text begin $1,000,000 for the fiscal year ending June 30, 2006, and
$1,000,000 for the fiscal year ending June 30, 2007, are
appropriated from the general fund to the Peace Officers
Standards and Training Board for reimbursements for peace
officer training.
new text end