HF 2199

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; imposing a life imprisonment 
  1.3             penalty on persons who import controlled substances 
  1.4             across state lines; amending Minnesota Statutes 1994, 
  1.5             sections 152.0261, subdivision 3; and 244.05, 
  1.6             subdivisions 4 and 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 152.0261, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [PENALTY.] A person convicted of violating this 
  1.11  section is guilty of a felony and may shall be sentenced to 
  1.12  imprisonment for not more than 35 years or life.  In addition, 
  1.13  the defendant may be sentenced to payment of a fine of not more 
  1.14  than $1,250,000, or both. 
  1.15     Sec. 2.  Minnesota Statutes 1994, section 244.05, 
  1.16  subdivision 4, is amended to read: 
  1.17     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  1.18  serving a mandatory life sentence under section 609.184 must not 
  1.19  be given supervised release under this section.  An inmate 
  1.20  serving a mandatory life sentence under section 152.0261; 
  1.21  609.185, clause (1), (3), (5), or (6); or 609.346, subdivision 
  1.22  2a, must not be given supervised release under this section 
  1.23  without having served a minimum term of 30 years.  An inmate 
  1.24  serving a mandatory life sentence under section 609.385 must not 
  1.25  be given supervised release under this section without having 
  1.26  served a minimum term of imprisonment of 17 years. 
  2.1      Sec. 3.  Minnesota Statutes 1994, section 244.05, 
  2.2   subdivision 5, is amended to read: 
  2.3      Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  2.4   commissioner of corrections may, under rules promulgated by the 
  2.5   commissioner, give supervised release to an inmate serving a 
  2.6   mandatory life sentence under section 152.0261; 609.185, clause 
  2.7   (1), (3), (5), or (6); 609.346, subdivision 2a; or 609.385 after 
  2.8   the inmate has served the minimum term of imprisonment specified 
  2.9   in subdivision 4. 
  2.10     (b) The commissioner shall require the preparation of a 
  2.11  community investigation report and shall consider the findings 
  2.12  of the report when making a supervised release decision under 
  2.13  this subdivision.  The report shall reflect the sentiment of the 
  2.14  various elements of the community toward the inmate, both at the 
  2.15  time of the offense and at the present time.  The report shall 
  2.16  include the views of the sentencing judge, the prosecutor, any 
  2.17  law enforcement personnel who may have been involved in the 
  2.18  case, and any successors to these individuals who may have 
  2.19  information relevant to the supervised release decision.  The 
  2.20  report shall also include the views of the victim and the 
  2.21  victim's family unless the victim or the victim's family chooses 
  2.22  not to participate. 
  2.23     (c) The commissioner shall make reasonable efforts to 
  2.24  notify the victim, in advance, of the time and place of the 
  2.25  inmate's supervised release review hearing.  The victim has a 
  2.26  right to submit an oral or written statement at the review 
  2.27  hearing.  The statement may summarize the harm suffered by the 
  2.28  victim as a result of the crime and give the victim's 
  2.29  recommendation on whether the inmate should be given supervised 
  2.30  release at this time.  The commissioner must consider the 
  2.31  victim's statement when making the supervised release decision. 
  2.32     (d) As used in this subdivision, "victim" means the 
  2.33  individual who suffered harm as a result of the inmate's crime 
  2.34  or, if the individual is deceased, the deceased's surviving 
  2.35  spouse or next of kin. 
  2.36     Sec. 4.  [EFFECTIVE DATE.] 
  3.1      Sections 1 to 3 are effective August 1, 1996, and apply to 
  3.2   crimes committed on or after that date.