HF 1736

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; clarifying the legislative intent 
  1.3             concerning jail credit; presuming consecutive and not 
  1.4             concurrent jail sentences; requiring specific findings 
  1.5             to authorize concurrent jail sentences or jail credit; 
  1.6             amending Minnesota Statutes 1996, sections 609.01, 
  1.7             subdivision 1; 609.145, by adding a subdivision; and 
  1.8             609.15, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 609.01, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [PURPOSES.] This chapter may be cited as 
  1.13  the criminal code of 1963.  Its provisions shall be construed 
  1.14  according to the fair import of its terms, to promote justice, 
  1.15  and to effect its purposes which are declared to be: 
  1.16     (1) To protect the public safety and welfare by preventing 
  1.17  the commission of crime through the deterring effect of the 
  1.18  sentences authorized, the rehabilitation of those convicted, and 
  1.19  their confinement when the public safety and interest requires; 
  1.20  and 
  1.21     (2) To protect the individual against the misuse of the 
  1.22  criminal law by fairly defining the acts and omissions 
  1.23  prohibited, authorizing sentences reasonably related to the 
  1.24  conduct and character of the convicted person, and prescribing 
  1.25  fair and reasonable postconviction procedures.; and 
  1.26     (3) To authorize concurrent incarceration for jail 
  1.27  sentences for offenses involving separate victims or separate 
  2.1   behavioral incidents only when the sentencing court finds good 
  2.2   cause for concurrent sentences based upon substantial and 
  2.3   compelling reasons. 
  2.4      Sec. 2.  Minnesota Statutes 1996, section 609.145, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 3.  [CREDIT LIMITED.] (a) When a court sentences a 
  2.7   person upon conviction of a crime to incarceration in a local 
  2.8   correctional facility, or imprisonment in a state correctional 
  2.9   facility, it shall assure that the record accurately reflects 
  2.10  all time spent in custody solely for the offense or behavioral 
  2.11  incident for which the sentence is imposed.  The time shall be 
  2.12  deducted from the term of incarceration or imprisonment.  
  2.13     (b) No credit against the sentence must be allowed by the 
  2.14  court for any period of incarceration or imprisonment served in 
  2.15  connection with any other behavioral incident or for any 
  2.16  incident involving a separate victim unless the court provides 
  2.17  written reasons or makes findings on the record which specify 
  2.18  the substantial and compelling nature of the circumstances and 
  2.19  which demonstrate why the jail credit or a concurrent sentence 
  2.20  is more appropriate or reasonable than a separate sentence. 
  2.21     Sec. 3.  Minnesota Statutes 1996, section 609.15, 
  2.22  subdivision 1, is amended to read: 
  2.23     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
  2.24  SPECIFICATION REQUIREMENT.] When separate sentences 
  2.25  of incarceration in a local correctional facility or 
  2.26  imprisonment in a state correctional facility are imposed on a 
  2.27  defendant for two or more crimes, whether charged in a single 
  2.28  indictment or information complaint or separately, or when a 
  2.29  person who is under sentence of imprisonment in this state is 
  2.30  being sentenced to incarceration or imprisonment for another 
  2.31  crime committed prior to or while subject to such former 
  2.32  sentence, the court in the later sentence or sentences, whether 
  2.33  an original sentence or upon the revocation of a stayed 
  2.34  sentence, shall specify whether the sentences shall run 
  2.35  concurrently or consecutively.  If the court does not so 
  2.36  specify, the sentences shall run concurrently consecutively.  
  3.1      Sec. 4.  [EFFECTIVE DATE.] 
  3.2      Sections 1 to 3 are effective August 1, 1997, and apply to 
  3.3   crimes committed on or after that date.