HF 2812

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; requiring mandatory minimum 
  1.3             sentences and lifetime probation for certain dangerous 
  1.4             repeat offenders; amending Minnesota Statutes 1996, 
  1.5             section 609.152, subdivision 2a, and by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 609.152, 
  1.9   subdivision 2a, is amended to read: 
  1.10     Subd. 2a.  [DANGEROUS REPEAT OFFENDERS; MANDATORY MINIMUM 
  1.11  SENTENCE.] Unless a longer mandatory minimum sentence is 
  1.12  otherwise required by law, or a longer prison sentence is 
  1.13  presumed by the sentencing guidelines and imposed by the court, 
  1.14  or the court imposes a longer aggravated durational departure 
  1.15  under subdivision 2 or 3, a person who is convicted of a violent 
  1.16  crime that is a felony must be committed to the commissioner of 
  1.17  corrections for a mandatory sentence of at least not less than 
  1.18  eight years, notwithstanding the statutory maximum otherwise 
  1.19  applicable to the offense, or the length of the presumptive 
  1.20  sentence under the sentencing guidelines, whichever period is 
  1.21  greater, if the court determines on the record at the time of 
  1.22  sentencing that the person has two or more prior felony 
  1.23  convictions for violent crimes.  The court shall impose and 
  1.24  execute the prison sentence regardless of whether the guidelines 
  1.25  presume an executed prison sentence.  For purposes of this 
  1.26  subdivision, "violent crime" does not include a violation of 
  2.1   section 152.023 or 152.024.  Any person convicted and sentenced 
  2.2   as required by this subdivision is not eligible for probation, 
  2.3   parole, discharge, or work release, until that person has served 
  2.4   the full term of imprisonment as provided by law, 
  2.5   notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, 
  2.6   and 609.135. 
  2.7      Sec. 2.  Minnesota Statutes 1996, section 609.152, is 
  2.8   amended by adding a subdivision to read: 
  2.9      Subd. 2b.  [LIFETIME PROBATION FOR CERTAIN DANGEROUS REPEAT 
  2.10  OFFENDERS.] (a) Notwithstanding the statutory maximum sentence 
  2.11  otherwise applicable to the offense or any provision of the 
  2.12  sentencing guidelines or section 609.135, when a court sentences 
  2.13  a person under subdivision 2a, in addition to the sentence 
  2.14  required in that subdivision, the court shall sentence the 
  2.15  person to lifetime probation. 
  2.16     (b) The court shall have continuing jurisdiction over 
  2.17  persons sentenced to lifetime probation under paragraph (a).  
  2.18  Upon each violation of a term of probation, the court may order 
  2.19  an appropriate sanction, including, but not limited to, 
  2.20  incarcerating the person for a period specified by the court in 
  2.21  a local jail or workhouse, or prison. 
  2.22     (c) A person sentenced to lifetime probation under this 
  2.23  subdivision is also required to serve a supervised release term 
  2.24  under section 244.05.  The court and the commissioner of 
  2.25  corrections shall have concurrent jurisdiction over the person 
  2.26  while the person is serving the supervised release term.