HF 1902

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

  1.1                          A bill for an act 
  1.2             relating to crime; providing that the court determine 
  1.3             eligibility for placement in the challenge 
  1.4             incarceration program; amending Minnesota Statutes 
  1.5             2000, sections 244.17, subdivision 1; 609.105, by 
  1.6             adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 244.17, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [GENERALLY.] The commissioner may select 
  1.11  offenders who meet the eligibility requirements of subdivisions 
  1.12  2 and 3 and have been deemed eligible by a court under section 
  1.13  609.105, subdivision 2a, to participate in a challenge 
  1.14  incarceration program described in sections 244.171 and 244.172 
  1.15  for all or part of the offender's sentence if the offender 
  1.16  agrees to participate in the program and signs a written 
  1.17  contract with the commissioner agreeing to comply with the 
  1.18  program's requirements. 
  1.19     Sec. 2.  Minnesota Statutes 2000, section 609.105, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 2a.  [CHALLENGE INCARCERATION PROGRAM 
  1.22  ELIGIBILITY.] (a) At the time of sentencing, the judge, after 
  1.23  receiving input from the prosecutor, defense counsel, and the 
  1.24  victim or victims, shall determine whether the offender is 
  1.25  eligible for placement consideration in the challenge 
  1.26  incarceration program based upon criteria established in section 
  2.1   244.17 and information presented at the time of sentencing. 
  2.2      (b) The commissioner of corrections shall retain authority 
  2.3   to actually place offenders deemed eligible by the court in the 
  2.4   program after considering institutional behavior, time remaining 
  2.5   in the sentence, statutory requirements, and any eligibility 
  2.6   criteria established by the commissioner. 
  2.7      (c) If the court fails to make a determination at the time 
  2.8   of sentencing concerning the eligibility of an offender for the 
  2.9   challenge incarceration program, the offender shall be presumed 
  2.10  eligible.  However, the commissioner may make a written request 
  2.11  to the sentencing judge, with notice to the parties described in 
  2.12  paragraph (a), at a later date requesting that the offender be 
  2.13  deemed eligible.  The court shall determine whether to grant 
  2.14  eligibility to the offender for placement consideration in the 
  2.15  challenge incarceration program.