HF 1737

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/08/2022 12:24pm

A bill for an act
relating to public safety; clarifying the maximum length of stayed sentences for
certain offenses; amending Minnesota Statutes 2020, section 609.135, subdivision
2.

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

Section 1.

Minnesota Statutes 2020, section 609.135, subdivision 2, is amended to read:

Subd. 2.

Stay of sentence maximum periods.

(a) If the conviction is for a felony other
than section 609.2113, subdivision 1 or 2, or 609.2114, subdivision 2, or Minnesota Statutes
2012, section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not more
than four years or the maximum period for which the sentence of imprisonment might have
been imposed, whichever is longer.

(b) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113,
subdivision 3, or 609.3451, or for a felony described in section 609.2113, subdivision 1 or
2, or 609.2114, subdivision 2, the stay shall be for not more than six years. The court shall
provide for unsupervised probation for the last year of the stay unless the court finds that
the defendant needs supervised probation for all or part of the last year.

(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the stay
shall be for not more than two years.

(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision
1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision
1, in which the victim of the crime was a family or household member as defined in section
518B.01, the stay shall be for not more than two years. The court shall provide for
unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.

(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay shall
be for not more than one year.

(f) The defendant shall be discharged six months after the term of the stay expires, unless
the stay has been revoked or extended under paragraph (g), or the defendant has already
been discharged.

(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin (i) Notwithstanding any law or provision of the Sentencing Guidelines to the contrary,
when ordering a stay of imposition or execution of sentence for a felony offense described
in this paragraph, the maximum length of the stay and the process for pronouncing it are
governed exclusively by this section. This paragraph applies to violations of the following:
sections 152.021 (controlled substance crime in the first degree); 152.022 (controlled
substance crime in the second degree); 152.023, subdivision 1 (controlled substance crime
in the third degree, sales); 152.024, subdivision 1 (controlled substance crime in the fourth
degree, sales); 152.0261 (importing controlled substances across state borders); 152.0262
(possession of substances with intent to manufacture methamphetamine); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.2112 (criminal vehicular
homicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree);
609.229 (crimes committed for the benefit of a gang); 609.24 (simple robbery); 609.245
(aggravated robbery); 609.25 (kidnapping); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664
(manslaughter of an unborn child in the first degree); 609.268 (death or injury of an unborn
child in the commission of a crime); 609.322 (solicitation, inducement, and promotion of
prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343
(criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the
third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451, subdivision
3 (felony criminal sexual conduct in the fifth degree); 609.377, subdivision 6 (malicious
punishment of a child, great bodily harm); 609.52 (involving theft of a firearm and theft
involving the theft of a controlled substance, an explosive, or an incendiary device); 609.561
(arson in the first degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or
2 (burglary in the first and second degrees); 609.66, subdivision 1e, paragraph (b) (drive-by
shooting at or toward a person or occupied building); 609.71, subdivision 1 (riot in the first
degree); and 609.749, subdivision 3, paragraph (b), subdivision 4, paragraph (b), and
subdivision 5, paragraph (a) (certain harassment crimes); and an attempt to commit any of
these offenses where the maximum penalty applicable for the attempt is longer than five
years imprisonment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end