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 prevention; requiring mandatory 1.3 consecutive sentences for certain crimes committed by 1.4 chronic offenders; requiring a change in the 1.5 sentencing guidelines relating to offenses committed 1.6 by offenders on pretrial release; establishing a 1.7 chronic offender intensive supervision pilot project; 1.8 appropriating money; amending Minnesota Statutes 2000, 1.9 section 609.15, by adding a subdivision. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. Minnesota Statutes 2000, section 609.15, is 1.12 amended by adding a subdivision to read: 1.13 Subd. 1a. [MANDATORY CONSECUTIVE SENTENCES FOR CHRONIC 1.14 OFFENDERS.] (a) As used in this subdivision: 1.15 (1) "chronic offender" means a person who has three or more 1.16 prior convictions for felonies or five or more prior convictions 1.17 for any level offenses; and 1.18 (2) "prior conviction" means a conviction that occurred 1.19 before the offender committed the next offense resulting in a 1.20 conviction and before the offense for which the offender is 1.21 being sentenced under this subdivision. 1.22 (b) The court shall impose and execute consecutive 1.23 sentences when it sentences a chronic offender for: 1.24 (1) crimes arising out of separate courses of conduct; 1.25 (2) a crime committed when the offender at the time of 1.26 sentencing is on probation or supervised release or is serving 1.27 an executed sentence for another crime and the prior sentence 2.1 involved a separate course of conduct; or 2.2 (3) a crime committed when the offender was on pretrial 2.3 release after being charged with another crime if the offender 2.4 is eventually convicted of the crime for which the offender was 2.5 on pretrial release. 2.6 (c) Notwithstanding section 609.135, the court may not stay 2.7 the imposition or execution of the sentences required in this 2.8 subdivision. Consecutive sentences imposed and executed under 2.9 this subdivision are not a departure from the sentencing 2.10 guidelines. 2.11 Sec. 2. [MANDATORY SENTENCING GUIDELINES MODIFICATION.] 2.12 The sentencing guidelines commission shall modify the 2.13 sentencing guidelines text and commentary to provide that an 2.14 offender is assigned one criminal history point if the offender 2.15 commits a felony while on pretrial release following a felony or 2.16 gross misdemeanor charge and is convicted of the crime for which 2.17 the person was on pretrial release. 2.18 Sec. 3. [CHRONIC OFFENDER INTENSIVE SUPERVISION PILOT 2.19 PROJECT.] 2.20 Subdivision 1. [PILOT PROJECT ESTABLISHED.] A two-year 2.21 chronic offender intensive supervision pilot project is 2.22 established in Ramsey county. The goal of the pilot project is 2.23 to protect the public and reduce the recidivism of chronic 2.24 offenders in the county by identifying chronic offenders who are 2.25 currently under some form of correctional supervision and 2.26 providing aggressive and coordinated intensive supervision for 2.27 these offenders. The Ramsey county attorney, sheriff, and 2.28 community corrections department, in collaboration with the St. 2.29 Paul city attorney and police department, and other law 2.30 enforcement agencies and prosecutorial offices within Ramsey 2.31 county, shall cooperate in developing and implementing a 2.32 strategy to identify and supervise these offenders while on 2.33 pretrial release and following conviction. At a minimum, the 2.34 strategy must include frequent contacts between probation or law 2.35 enforcement officers and offenders, low caseload ratios for 2.36 participating probation officers, cooperation between 3.1 prosecutors and the probation and peace officers making the 3.2 contacts with the offenders, and the aggressive but appropriate 3.3 use of intermediate sanctions against offenders. The contacts 3.4 with offenders must include both scheduled and unscheduled ones. 3.5 The pilot project participants shall consult with the chief 3.6 judge and public defender in the second judicial district when 3.7 developing and implementing the strategy. 3.8 Subd. 2. [REPORT REQUIRED.] By January 15, 2004, the 3.9 Ramsey county attorney shall report to the chairs and ranking 3.10 minority members of the senate and house committees and 3.11 divisions having jurisdiction over criminal justice policy and 3.12 funding on the results of the pilot project. The report must 3.13 include recidivism data on offenders subject to the pilot 3.14 project. 3.15 Sec. 4. [APPROPRIATIONS.] 3.16 $....... is appropriated for the fiscal year ending June 3.17 30, 2002, and $....... is appropriated for the fiscal year 3.18 ending June 30, 2003, from the general fund to the commissioner 3.19 of public safety for a grant to Ramsey county for the pilot 3.20 project described in section 3. Of this amount: 3.21 (1) $....... the first year and $....... the second year 3.22 are for the Ramsey county attorney's office; 3.23 (2) $....... the first year and $....... the second year 3.24 are for the Ramsey county sheriff's office; 3.25 (3) $....... the first year and $....... the second year 3.26 are for the Ramsey county community corrections department; 3.27 (4) $....... the first year and $....... the second year 3.28 are for the St. Paul city attorney's office; 3.29 (5) $....... the first year and $....... the second year 3.30 are for the St. Paul police department; and 3.31 (6) $........ the first year and $....... the second year 3.32 are for other law enforcement agencies and prosecutorial offices 3.33 within Ramsey county.