HF 1843

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to criminal sentencing; providing standards 
  1.3             for the imposition of geographic restrictions on 
  1.4             offenders on probation and supervised release; 
  1.5             amending Minnesota Statutes 2000, sections 244.05, by 
  1.6             adding a subdivision; 609.135, subdivision 1; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 609. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [FINDINGS; PURPOSE.] 
  1.11     The prevalence of crime, and specifically of repeat 
  1.12  offenses, can be substantially reduced by placing geographic 
  1.13  restrictions on offenders on probation and supervised release in 
  1.14  appropriate cases.  Placing geographic restrictions on offenders 
  1.15  is an intermediate sanction.  Geographic restrictions are less 
  1.16  restrictive than incarceration, which is an authorized 
  1.17  alternative.  Geographic restrictions can enhance public safety, 
  1.18  aid in rehabilitating an offender, and reduce the risk of 
  1.19  recidivism.  The lack of a general policy providing standards 
  1.20  for the imposition of geographic restrictions makes it an 
  1.21  underutilized sanction and contributes to crime. 
  1.22     Sec. 2. Minnesota Statutes 2000, section 244.05, is amended 
  1.23  by adding a subdivision to read: 
  1.24     Subd. 9. [GEOGRAPHIC RESTRICTIONS.] If the sentencing court 
  1.25  orders that a geographic restriction be placed on an inmate 
  1.26  under section 609.1353, the commissioner must order the 
  1.27  restriction as a condition of supervised release. 
  2.1      Sec. 3. Minnesota Statutes 2000, section 609.135, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
  2.4   sentence of life imprisonment is required by law, or when a 
  2.5   mandatory minimum sentence is required by section 609.11, any 
  2.6   court may stay imposition or execution of sentence and: 
  2.7      (1) may order intermediate sanctions without placing the 
  2.8   defendant on probation; or 
  2.9      (2) may place the defendant on probation with or without 
  2.10  supervision and on the terms the court prescribes, including 
  2.11  intermediate sanctions when practicable.  The court may order 
  2.12  the supervision to be under the probation officer of the court, 
  2.13  or, if there is none and the conviction is for a felony or gross 
  2.14  misdemeanor, by the commissioner of corrections, or in any case 
  2.15  by some other suitable and consenting person.  Unless the court 
  2.16  directs otherwise, state parole and probation agents and 
  2.17  probation officers may impose community work service for an 
  2.18  offender's probation violation, consistent with section 243.05, 
  2.19  subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5. 
  2.20     No intermediate sanction may be ordered performed at a 
  2.21  location that fails to observe applicable requirements or 
  2.22  standards of chapter 181A or 182, or any rule promulgated under 
  2.23  them. 
  2.24     (b) For purposes of this subdivision, subdivision 6, and 
  2.25  section 609.14, the term "intermediate sanctions" includes but 
  2.26  is not limited to incarceration in a local jail or workhouse, 
  2.27  home detention, electronic monitoring, geographic restrictions, 
  2.28  intensive probation, sentencing to service, reporting to a day 
  2.29  reporting center, chemical dependency or mental health treatment 
  2.30  or counseling, restitution, fines, day-fines, community work 
  2.31  service, work service in a restorative justice program, work in 
  2.32  lieu of or to work off fines and, with the victim's consent, 
  2.33  work in lieu of or to work off restitution. 
  2.34     (c) A court may not stay the revocation of the driver's 
  2.35  license of a person convicted of violating the provisions of 
  2.36  section 169A.20. 
  3.1      Sec. 4.  [609.1353] [GEOGRAPHIC RESTRICTIONS.] 
  3.2      (a) If a court stays imposition or execution of sentence, a 
  3.3   prosecutor may request that, as a condition of any probation or 
  3.4   period of supervised release imposed on the offender by the 
  3.5   court, the offender be restricted from a geographic area up to 
  3.6   50 miles in radius.  The court must grant the request if the 
  3.7   prosecutor establishes that, without such a restriction: 
  3.8      (1) there is an increased risk that the offender will 
  3.9   reoffend; 
  3.10     (2) there is an increased risk that the offender will 
  3.11  otherwise violate the terms of probation or supervised release; 
  3.12  or 
  3.13     (3) there is an increased risk to the safety of a victim. 
  3.14     (b) The reasons for the geographic restriction must be in 
  3.15  writing and must be tailored to address the specific needs and 
  3.16  circumstances of each case.  The reasons must address: 
  3.17     (1) the specific goals of the offender's probation or 
  3.18  supervised release; 
  3.19     (2) the public safety interests to be served by the 
  3.20  geographic restriction; and 
  3.21     (3) why a less restrictive sanction would likely be less 
  3.22  effective. 
  3.23     (c) Notwithstanding paragraphs (a) and (b), the court may 
  3.24  not impose a geographic restriction if the defendant presents 
  3.25  clear and convincing evidence that no public policy will be 
  3.26  served by the restriction. 
  3.27     (d) A violation of the geographic restriction is subject to 
  3.28  the rules and sanctions provided in this chapter. 
  3.29     Sec. 5. [EFFECTIVE DATE.] 
  3.30     This act is effective August 1, 2001, and applies to crimes 
  3.31  committed on or after that date.