HF 2564

1st Engrossment - 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 certain repeat 
  1.3             property offenders to pay full restitution to the 
  1.4             victims of their offenses and successfully complete a 
  1.5             character-development program; requiring a report on 
  1.6             individuals sentenced under these procedures; amending 
  1.7             Minnesota Statutes 2000, sections 260B.198, by adding 
  1.8             a subdivision; 609A.02, by adding a subdivision; 
  1.9             Minnesota Statutes 2001 Supplement, section 609A.03, 
  1.10            subdivision 5; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 609. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 260B.198, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 2a.  [MANDATORY PROPERTY OFFENSES; MANDATORY 
  1.16  SENTENCE.] (a) As used in this section: 
  1.17     (1) "character-development program" means a program, with 
  1.18  an established record of success, that stresses the obligation 
  1.19  of the offender to repair the harm done to the victim and the 
  1.20  community.  The program shall emphasize strengths such as, but 
  1.21  not limited to, empathy, patience, truthfulness, respect for 
  1.22  authority, diligence, initiative, self-discipline, punctuality, 
  1.23  forgiveness, and resourcefulness; and 
  1.24     (2) "property offense" means a violation of section 609.52 
  1.25  (theft), 609.53 (receiving stolen property), 609.582 (burglary), 
  1.26  609.625 (aggravated forgery), 609.63 (forgery), or 609.631 
  1.27  (check forgery). 
  1.28     (b) When a court issues a disposition order that includes 
  2.1   restitution concerning a juvenile adjudicated delinquent for a 
  2.2   property offense, the court must include in its disposition a 
  2.3   case plan specifying how the juvenile will: 
  2.4      (1) pay full restitution as requested by the victim; and 
  2.5      (2) attend and successfully complete a character 
  2.6   development program. 
  2.7      (c) In its restitution order, the court shall require that 
  2.8   the juvenile pay restitution, whenever possible, with money 
  2.9   earned by the juvenile or in a manner designated by the victim. 
  2.10  The provisions of section 611A.04 apply to restitution orders 
  2.11  issued under this section, except that notwithstanding section 
  2.12  611A.04, subdivision 2, the court shall direct the court 
  2.13  administrator to make restitution payments directly to the 
  2.14  victim upon receipt from the juvenile and before any payment is 
  2.15  received for fines, fees, or costs.  The court administrator 
  2.16  shall keep records of restitution payments in the manner 
  2.17  provided in section 611A.04, subdivision 2. 
  2.18     (d) If the juvenile fails to pay restitution in accordance 
  2.19  with the payment schedule or structure contained in the case 
  2.20  plan, the court shall review the case and restructure the plan 
  2.21  to ensure payment. 
  2.22     (e) If the juvenile fails to successfully complete a 
  2.23  character development program, the court shall immediately 
  2.24  review the case and consider alternative programs suggested by 
  2.25  the risks and needs assessment administered by the county 
  2.26  probation officer, community corrections department, or 
  2.27  department of corrections juvenile probation agent. 
  2.28     (f) The court shall, through the county probation officer, 
  2.29  the community corrections department, or the department of 
  2.30  corrections juvenile agent, forward dispositions under this 
  2.31  section and revocations under paragraphs (d) and (e) to the 
  2.32  department of corrections for inclusion in an annual outcome 
  2.33  report on restitution.  The report shall include, but not be 
  2.34  limited to:  the amount of restitution ordered, amount of 
  2.35  restitution paid, number of juveniles completing probation who 
  2.36  successfully paid the full amount of restitution, number of 
  3.1   juveniles completing probation who had restitution docketed, 
  3.2   number of juveniles who successfully completed a character 
  3.3   development program, which character development programs were 
  3.4   used, number of probation violations for failure to pay 
  3.5   restitution, and the number of probation violations for failing 
  3.6   to complete character development programming.  This information 
  3.7   shall be tabulated and reported on an annual basis by the 
  3.8   department of corrections. 
  3.9      Sec. 2.  [609.114] [MANDATORY PROPERTY OFFENSES; MANDATORY 
  3.10  SENTENCE.] 
  3.11     Subdivision 1.  [DEFINITION.] As used in this section: 
  3.12     (1) "character-development program" means a program, with 
  3.13  an established record of success, that stresses the obligation 
  3.14  of the offender to repair the harm done to the victim and the 
  3.15  community.  The program shall emphasize strengths such as, but 
  3.16  not limited to, empathy, patience, truthfulness, respect for 
  3.17  authority, diligence, initiative, self-discipline, punctuality, 
  3.18  forgiveness, and resourcefulness; and 
  3.19     (2) "property offense" means a violation of section 609.52 
  3.20  (theft), 609.53 (receiving stolen property), 609.582 (burglary), 
  3.21  609.625 (aggravated forgery), 609.63 (forgery), or 609.631 
  3.22  (check forgery). 
  3.23     Subd. 2.  [MANDATORY PROPERTY OFFENSE CONVICTION; 
  3.24  SENTENCE.] When a court sentences a person convicted of a 
  3.25  property offense, the court is encouraged to impose, at a 
  3.26  minimum, a sentence equal to the statutory maximum sentence 
  3.27  provided for the offense, and stay execution of the sentence on 
  3.28  the condition that the offender abides by a case plan ordered by 
  3.29  the court that must include requirements to: 
  3.30     (1) pay full restitution as requested by the victim; and 
  3.31     (2) attend and successfully complete a character 
  3.32  development program. 
  3.33     Subd. 3.  [CONTENTS OF RESTITUTION ORDER.] In its 
  3.34  restitution order, the court shall require that the offender pay 
  3.35  restitution, whenever possible, with money earned by the 
  3.36  offender or in a manner designated by the victim. 
  4.1      Subd. 4.  [PAYMENT OF RESTITUTION TO VICTIM.] The 
  4.2   provisions of section 611A.04 apply to restitution orders issued 
  4.3   under this section except that, notwithstanding section 611A.04, 
  4.4   subdivision 2, the court shall direct the court administrator to 
  4.5   make restitution payments directly to the victim upon receipt 
  4.6   from the offender and before any payment is received for fines, 
  4.7   fees, or costs.  The court administrator shall keep records of 
  4.8   restitution payments in the manner provided in section 611A.04, 
  4.9   subdivision 2. 
  4.10     Subd. 5.  [FAILURE TO PAY RESTITUTION.] If the offender 
  4.11  fails to pay restitution in accordance with the payment schedule 
  4.12  or structure contained in the case plan, the court shall review 
  4.13  the case and restructure the plan to ensure payment. 
  4.14     Subd. 6.  [FAILURE TO COMPLETE A CHARACTER DEVELOPMENT 
  4.15  PROGRAM.] If the offender fails to successfully complete a 
  4.16  character development program, the court shall immediately 
  4.17  review the case and consider alternative programs suggested by 
  4.18  the risks and needs assessment administered by the county 
  4.19  probation officer, community corrections department, or 
  4.20  department of corrections probation agent. 
  4.21     Subd. 7.  [REPORT TO SENTENCING GUIDELINES COMMISSION.] The 
  4.22  court shall, through the county probation officer, the community 
  4.23  corrections department, or the department of corrections agent, 
  4.24  forward dispositions under this section and revocations under 
  4.25  subdivisions 5 and 6 to the department of corrections for 
  4.26  inclusion in an annual outcome report on restitution.  The 
  4.27  report shall include, but not be limited to:  the amount of 
  4.28  restitution ordered, amount of restitution paid, number of 
  4.29  offenders completing probation who successfully paid the full 
  4.30  amount of restitution, number of offenders completing probation 
  4.31  who had restitution docketed, number of offenders who 
  4.32  successfully completed a character development program, which 
  4.33  character development programs were used, number of probation 
  4.34  violations for failure to pay restitution, and the number of 
  4.35  probation violations for failing to complete a character 
  4.36  development program.  This information shall be tabulated and 
  5.1   reported on an annual basis by the department of corrections. 
  5.2      Sec. 3.  Minnesota Statutes 2000, section 609A.02, is 
  5.3   amended by adding a subdivision to read: 
  5.4      Subd. 2a.  [CERTAIN REPEAT PROPERTY OFFENSE CONVICTIONS.] A 
  5.5   petition for the sealing of a conviction record under section 
  5.6   609A.03 may be filed by a person who has successfully fulfilled 
  5.7   the conditions of a stayed sentence imposed under section 
  5.8   609.114. 
  5.9      Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  5.10  609A.03, subdivision 5, is amended to read: 
  5.11     Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
  5.12  RESTRICTION.] (a) Except as otherwise provided by paragraph 
  5.13  (b) or (c), expungement of a criminal record is an extraordinary 
  5.14  remedy to be granted only upon clear and convincing evidence 
  5.15  that it would yield a benefit to the petitioner commensurate 
  5.16  with the disadvantages to the public and public safety of: 
  5.17     (1) sealing the record; and 
  5.18     (2) burdening the court and public authorities to issue, 
  5.19  enforce, and monitor an expungement order. 
  5.20     (b) Except as otherwise provided by this paragraph, if the 
  5.21  petitioner is petitioning for the sealing of a criminal record 
  5.22  under section 609A.02, subdivision 3, the court shall grant the 
  5.23  petition to seal the record unless the agency or jurisdiction 
  5.24  whose records would be affected establishes by clear and 
  5.25  convincing evidence that the interests of the public and public 
  5.26  safety outweigh the disadvantages to the petitioner of not 
  5.27  sealing the record.  
  5.28     (c) If the petitioner is petitioning for sealing of a 
  5.29  criminal record under section 609A.02, subdivision 2a, the court 
  5.30  shall grant the petition if the petitioner demonstrates by clear 
  5.31  and convincing evidence that the petitioner successfully 
  5.32  fulfilled the conditions of the stayed sentence. 
  5.33     (d) If the court issues an expungement order it may require 
  5.34  that the criminal record be sealed, the existence of the record 
  5.35  not be revealed, and the record not be opened except as required 
  5.36  under subdivision 7.  Records must not be destroyed or returned 
  6.1   to the subject of the record.  
  6.2      Sec. 5.  [SENTENCING GUIDELINES COMMISSION; REPORT.] 
  6.3      By January 15, 2003, the executive director of the 
  6.4   sentencing guidelines commission shall report to the chairs and 
  6.5   ranking minority members of the house and senate committees 
  6.6   having jurisdiction over criminal justice policy and funding on: 
  6.7      (1) the dispositions and revocations under Minnesota 
  6.8   Statutes, section 260B.198; 
  6.9      (2) the convictions and revocations under Minnesota 
  6.10  Statutes, section 609.114; 
  6.11     (3) the total number of offenders sentenced under Minnesota 
  6.12  Statutes, sections 260B.198 and 609.114, respectively, and for 
  6.13  each group, the number of offenders who successfully completed a 
  6.14  character-development program and which programs were used; and 
  6.15     (4) a summary of the total amount of restitution ordered to 
  6.16  be paid by offenders and the amount paid. 
  6.17     Sec. 6.  [EFFECTIVE DATE.] 
  6.18     Sections 1 to 4 are effective August 1, 2002, and apply to 
  6.19  offenses committed on or after that date.  Section 5 is 
  6.20  effective July 1, 2002.