HF 2853

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

  1.1                          A bill for an act
  1.2             relating to crime; sentencing; clarifying legislative 
  1.3             intent concerning jail credit for time spent in 
  1.4             confinement for separate crimes or behavioral 
  1.5             incidents; providing a presumption in favor of 
  1.6             consecutive sentencing; amending Minnesota Statutes 
  1.7             1996, sections 609.01, subdivision 1; 609.145, by 
  1.8             adding a subdivision; and 609.15, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 609.01, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [PURPOSES.] This chapter may be cited as 
  1.13  the criminal code of 1963.  Its provisions shall be construed 
  1.14  according to the fair import of its terms, to promote justice, 
  1.15  and to effect its purposes which are declared to be: 
  1.16     (1) to protect the public safety and welfare by preventing 
  1.17  the commission of crime through the deterring effect of the 
  1.18  sentences authorized, the rehabilitation of those convicted, and 
  1.19  their confinement when the public safety and interest requires; 
  1.20  and 
  1.21     (2) to protect the individual against the misuse of the 
  1.22  criminal law by fairly defining the acts and omissions 
  1.23  prohibited, authorizing sentences reasonably related to the 
  1.24  conduct and character of the convicted person, and prescribing 
  1.25  fair and reasonable postconviction procedures; and 
  1.26     (3) to authorize concurrent sentences of incarceration in a 
  1.27  correctional facility for offenses involving separate victims or 
  2.1   behavioral incidents only when the sentencing court finds good 
  2.2   cause, based on substantial and compelling reasons, for 
  2.3   concurrent sentencing.  
  2.4      Sec. 2.  Minnesota Statutes 1996, section 609.145, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 3.  [CREDIT FOR CONCURRENT INCARCERATION.] (a) When a 
  2.7   court sentences an offender to incarceration in a state or local 
  2.8   correctional facility, the court shall: 
  2.9      (1) ensure that the record accurately reflects the amount 
  2.10  of time the offender spent in custody relating solely to the 
  2.11  offense or behavioral incident for which the sentence was 
  2.12  imposed; and 
  2.13     (2) deduct only the time described in clause (1) from the 
  2.14  term of incarceration imposed in the sentence. 
  2.15     (b) A court may not award credit against a sentence for any 
  2.16  period of incarceration or imprisonment served in connection 
  2.17  with any other behavioral incident or any incident involving a 
  2.18  separate victim unless the court states reasons in writing or on 
  2.19  the record that: 
  2.20     (1) specify the substantial and compelling circumstances 
  2.21  justifying the credit or concurrent sentence; and 
  2.22     (2) demonstrate why the credit or a concurrent sentence is 
  2.23  more appropriate or reasonable than a separate sentence. 
  2.24     Sec. 3.  Minnesota Statutes 1996, section 609.15, 
  2.25  subdivision 1, is amended to read: 
  2.26     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
  2.27  SPECIFICATION REQUIREMENT.] When separate sentences 
  2.28  of incarceration in a local correctional facility or 
  2.29  imprisonment in a state correctional facility are imposed on a 
  2.30  defendant for two or more crimes, whether charged in a single 
  2.31  indictment or information complaint or separately, or when a 
  2.32  person who is under sentence of incarceration or imprisonment in 
  2.33  this state is being sentenced to incarceration or imprisonment 
  2.34  for another crime committed prior to or while subject to such 
  2.35  former sentence, the court in the later sentence or sentences 
  2.36  shall specify whether the sentences shall run concurrently or 
  3.1   consecutively.  The court shall make this specification at the 
  3.2   time of sentencing or upon revocation of a stay of sentence.  If 
  3.3   the court does not so specify, the sentences shall run 
  3.4   concurrently consecutively.  
  3.5      Sec. 4.  [EFFECTIVE DATE.] 
  3.6      Sections 1 to 3 are effective August 1, 1997, and apply to 
  3.7   crimes committed on or after that date.