HF 2010

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

A bill for an act
relating to public safety; requiring certain offenders
to be incarcerated at secure drug treatment
facilities; issuing a request for proposals to operate
secure drug treatment facilities; amending Minnesota
Statutes 2004, sections 169A.276, subdivision 1;
243.05, subdivision 1; 244.05, by adding a
subdivision; 244.09, by adding a subdivision; 609.14,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 169A.276,
subdivision 1, is amended to read:

Subdivision 1.

Mandatory prison sentence.

(a) The court
shall sentence a person who is convicted of a violation of
section 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (first-degree driving while
impaired) to imprisonment for not less than three years. In
addition, the court may order the person to pay a fine of not
more than $14,000.

(b) The court may stay execution of this mandatory sentence
as provided in subdivision 2 (stay of mandatory sentence), but
may not stay imposition or adjudication of the sentence or
impose a sentence that has a duration of less than three years.

(c) An offender committed to the custody of the
commissioner of corrections under this subdivision deleted text begin is not
eligible for release as provided in section 241.26, 244.065,
244.12, or 244.17, unless the offender has successfully
completed a chemical dependency treatment program while in
prison deleted text end new text begin must be placed in a secure drug treatment facility
described in section 6 new text end .

(d) Notwithstanding the statutory maximum sentence provided
in section 169A.24 (first-degree driving while impaired), when
the court commits a person to the custody of the commissioner of
corrections under this subdivision, it shall provide that after
the person has been released from prison the commissioner shall
place the person on conditional release for five years. The
commissioner shall impose any conditions of release that the
commissioner deems appropriate including, but not limited to,
successful completion of an intensive probation program as
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders). If the person fails to
comply with any condition of release, the commissioner may
revoke the person's conditional release and order the person to
serve all or part of the remaining portion of the conditional
release term in prison. The commissioner may not dismiss the
person from supervision before the conditional release term
expires. Except as otherwise provided in this section,
conditional release is governed by provisions relating to
supervised release. The failure of a court to direct the
commissioner of corrections to place the person on conditional
release, as required in this paragraph, does not affect the
applicability of the conditional release provisions to the
person.

(e) The commissioner shall require persons placed on
supervised or conditional release under this subdivision to pay
as much of the costs of the supervision as possible. The
commissioner shall develop appropriate standards for this.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006,
and applies to offenders sentenced on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 243.05,
subdivision 1, is amended to read:

Subdivision 1.

Conditional release.

(a) The commissioner
of corrections may parole any person sentenced to confinement in
any state correctional facility for adults under the control of
the commissioner of corrections, provided that:

(1) no inmate serving a life sentence for committing murder
before May 1, 1980, other than murder committed in violation of
clause (1) of section 609.185 who has not been previously
convicted of a felony shall be paroled without having served 20
years, less the diminution that would have been allowed for good
conduct had the sentence been for 20 years;

(2) no inmate serving a life sentence for committing murder
before May 1, 1980, who has been previously convicted of a
felony or though not previously convicted of a felony is serving
a life sentence for murder in the first degree committed in
violation of clause (1) of section 609.185 shall be paroled
without having served 25 years, less the diminution which would
have been allowed for good conduct had the sentence been for 25
years;

(3) any inmate sentenced prior to September 1, 1963, who
would be eligible for parole had the inmate been sentenced after
September 1, 1963, shall be eligible for parole; and

(4) any new rule or policy or change of rule or policy
adopted by the commissioner of corrections which has the effect
of postponing eligibility for parole has prospective effect only
and applies only with respect to persons committing offenses
after the effective date of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and
remains in the legal custody and under the control of the
commissioner, subject at any time to be returned to a facility
of the Department of Corrections established by law for the
confinement or treatment of convicted persons and the parole
rescinded by the commissioner. new text begin If the commissioner rescinds an
inmate's parole because the inmate possessed or used an illegal
controlled substance, the commissioner must place the inmate in
a secure drug treatment facility described in section 6 for up
to 18 months, unless the inmate:
new text end

new text begin (1) was sentenced for a predatory offense, as that term is
defined in section 609.108, subdivision 3, or otherwise poses an
unreasonable threat to public safety;
new text end

new text begin (2) poses a flight risk; or
new text end

new text begin (3) is not amenable to drug treatment.
new text end

(c) The written order of the commissioner of corrections,
is sufficient authority for any peace officer, state
correctional investigator, or state parole and probation agent
to retake and place in actual custody any person on parole or
supervised release. In addition, when it appears necessary in
order to prevent escape or enforce discipline, any state parole
and probation agent or state correctional investigator may,
without order of warrant, take and detain a parolee or person on
supervised release or work release and bring the person to the
commissioner for action.

(d) The written order of the commissioner of corrections is
sufficient authority for any peace officer, state correctional
investigator, or state parole and probation agent to retake and
place in actual custody any person on probation under the
supervision of the commissioner pursuant to section 609.135.
Additionally, when it appears necessary in order to prevent
escape or enforce discipline, any state parole and probation
agent or state correctional investigator may, without an order,
retake and detain a probationer and bring the probationer before
the court for further proceedings under section 609.14.

(e) The written order of the commissioner of corrections is
sufficient authority for any peace officer, state correctional
investigator, or state parole and probation agent to detain any
person on pretrial release who absconds from pretrial release or
fails to abide by the conditions of pretrial release.

(f) Persons conditionally released, and those on probation
under the supervision of the commissioner of corrections
pursuant to section 609.135 may be placed within or outside the
boundaries of the state at the discretion of the commissioner of
corrections or the court, and the limits fixed for these persons
may be enlarged or reduced according to their conduct.

(g) Except as otherwise provided in subdivision 1b, in
considering applications for conditional release or discharge,
the commissioner is not required to hear oral argument from any
attorney or other person not connected with an adult
correctional facility of the Department of Corrections in favor
of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking
testimony, or otherwise, as to the previous history, physical or
mental condition, and character of the inmate and, to that end,
has the authority to require the attendance of the chief
executive officer of any state adult correctional facility and
the production of the records of these facilities, and to compel
the attendance of witnesses. The commissioner is authorized to
administer oaths to witnesses for these purposes.

(h) Unless the district court directs otherwise, state
parole and probation agents may require a person who is under
the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation
imposed by the court. Community work service may be imposed for
the purpose of protecting the public, to aid the offender's
rehabilitation, or both. Agents may impose up to eight hours of
community work service for each violation and up to a total of
24 hours per offender per 12-month period, beginning with the
date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community
work services, for a total of 64 hours per offender per 12-month
period, beginning with the date on which community work service
is first imposed. At the time community work service is
imposed, parole and probation agents are required to provide
written notice to the offender that states:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed
for the violation; and

(3) the total number of hours of community work service
imposed to date in the 12-month period.

An offender may challenge the imposition of community work
service by filing a petition in district court. An offender
must file the petition within five days of receiving written
notice that community work service is being imposed. If the
offender challenges the imposition of community work service,
the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is
reasonable under the circumstances.

Community work service includes sentencing to service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006,
and applies to persons currently on parole and those who receive
parole on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.05, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Sanction for drug possession. new text end

new text begin If the
commissioner revokes an inmate's supervised release because the
inmate possessed or used an illegal controlled substance, the
commissioner must place the inmate in a secure drug treatment
facility described in section 6 for up to 18 months. The
commissioner is not required to comply with this subdivision if
the inmate:
new text end

new text begin (1) was sentenced for a predatory offense, as that term is
defined in section 609.108, subdivision 3, or otherwise poses an
unreasonable threat to public safety;
new text end

new text begin (2) poses a flight risk; or
new text end

new text begin (3) is not amenable to drug treatment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006,
and applies to offenders currently committed to the custody of
the commissioner of corrections and offenders committed to the
custody of the commissioner on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 244.09, is
amended by adding a subdivision to read:

new text begin Subd. 15. new text end

new text begin Report on secure drug treatment
facilities. new text end

new text begin The Sentencing Guidelines Commission, in
consultation with the commissioners of corrections and human
services, shall include in its annual report to the legislature
an evaluation of the drug treatment programs administered at the
secure drug treatment facilities described in section 6. The
evaluation must provide an analysis of recidivism rates for
offenders released from secure drug treatment facilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.14, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Revocation for drug possession. new text end

new text begin (a) If the
court revokes a stay because the defendant possessed or used an
illegal controlled substance and the defendant receives a jail
or prison sentence that is six months or longer, the court must
order the sheriff or commissioner of corrections to place the
defendant in a secure drug treatment facility described in
section 6 for up to 18 months. The court is not required to
comply with this subdivision if the defendant:
new text end

new text begin (1) was sentenced for a predatory offense, as that term is
defined in section 609.108, subdivision 3, or otherwise poses an
unreasonable threat to public safety;
new text end

new text begin (2) poses a flight risk; or
new text end

new text begin (3) is not amenable to drug treatment.
new text end

new text begin (b) If the defendant willfully fails to participate in drug
treatment while incarcerated at a secure drug treatment
facility, the commissioner or sheriff may remove the defendant
from the facility and place the defendant in the appropriate
jail or correctional facility. A defendant who is removed from
a secure drug treatment facility shall be imprisoned for a time
period equal to the defendant's term of imprisonment, minus
earned good time if any, but in no case for longer than the time
remaining in the offender's sentence. "Term of imprisonment"
means a time period equal to two-thirds of the sentence
originally executed by the sentencing court, minus jail credit,
if any.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006,
and applies to offenders sentenced on or after that date.
new text end

Sec. 6. new text begin RFP TO CONSTRUCT AND OPERATE TREATMENT FACILITIES
FOR MALE AND FEMALE ALCOHOL AND CONTROLLED SUBSTANCE OFFENDERS.
new text end

new text begin (a) The commissioner of administration shall issue a
request for proposals from both private and public vendors to
operate, for a minimum of ten years, secure drug treatment
facilities to house offenders sentenced under sections 169A.276,
subdivision 1, paragraph (c); 243.05, subdivision 1, paragraph
(b); 244.05, subdivision 3a; and 609.14, subdivision 3a. The
Department of Corrections may submit a proposal. Proposals may
include plans for new construction and renovation of existing
facilities. The request must solicit proposals for:
new text end

new text begin (1) facilities for male offenders with a capacity of at
least 750 beds; and
new text end

new text begin (2) a facility for female offenders with a capacity of at
least 250 beds.
new text end

new text begin (b) Proposals must:
new text end

new text begin (1) satisfy Department of Human Services licensing
requirements for inpatient alcohol and chemical dependency
treatment programming;
new text end

new text begin (2) satisfy Department of Corrections facility licensing
requirements provided for in section 241.021 and by rule;
new text end

new text begin (3) include a plan for the operation of comprehensive
chemical dependency treatment programs within the facilities for
methamphetamine as well as other controlled substances,
including alcohol;
new text end

new text begin (4) provide for the tracking of released offenders to
document recidivism rates for a minimum of four years after
release; and
new text end

new text begin (5) provide the state of Minnesota with a first right to
acquire facilities if a private vendor elects to discontinue
providing services to the state.
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