HF 2934

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring that persons 
  1.3             convicted of a second violent felony be sentenced to 
  1.4             life imprisonment and that persons convicted of a 
  1.5             third violent felony be sentenced to life imprisonment 
  1.6             without the possibility of release; amending Minnesota 
  1.7             Statutes 2002, sections 244.05, subdivisions 4, 5; 
  1.8             609.1095, subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 244.05, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  1.13  serving a mandatory life sentence under section 609.106 or 
  1.14  609.1095, subdivision 3, paragraph (b), must not be given 
  1.15  supervised release under this section.  An inmate serving a 
  1.16  mandatory life sentence under section 609.1095, subdivision 3, 
  1.17  paragraph (a); 609.185, clause (1), (3), (5), or (6); or 
  1.18  609.109, subdivision 2a, must not be given supervised release 
  1.19  under this section without having served a minimum term of 30 
  1.20  years.  An inmate serving a mandatory life sentence under 
  1.21  section 609.385 must not be given supervised release under this 
  1.22  section without having served a minimum term of imprisonment of 
  1.23  17 years. 
  1.24     Sec. 2.  Minnesota Statutes 2002, section 244.05, 
  1.25  subdivision 5, is amended to read: 
  1.26     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  1.27  commissioner of corrections may, under rules promulgated by the 
  2.1   commissioner, give supervised release to an inmate serving a 
  2.2   mandatory life sentence under section 609.1095, subdivision 3, 
  2.3   paragraph (a); 609.185, clause (1), (3), (5), or (6); 609.109, 
  2.4   subdivision 2a; or 609.385 after the inmate has served the 
  2.5   minimum term of imprisonment specified in subdivision 4. 
  2.6      (b) The commissioner shall require the preparation of a 
  2.7   community investigation report and shall consider the findings 
  2.8   of the report when making a supervised release decision under 
  2.9   this subdivision.  The report shall reflect the sentiment of the 
  2.10  various elements of the community toward the inmate, both at the 
  2.11  time of the offense and at the present time.  The report shall 
  2.12  include the views of the sentencing judge, the prosecutor, any 
  2.13  law enforcement personnel who may have been involved in the 
  2.14  case, and any successors to these individuals who may have 
  2.15  information relevant to the supervised release decision.  The 
  2.16  report shall also include the views of the victim and the 
  2.17  victim's family unless the victim or the victim's family chooses 
  2.18  not to participate. 
  2.19     (c) The commissioner shall make reasonable efforts to 
  2.20  notify the victim, in advance, of the time and place of the 
  2.21  inmate's supervised release review hearing.  The victim has a 
  2.22  right to submit an oral or written statement at the review 
  2.23  hearing.  The statement may summarize the harm suffered by the 
  2.24  victim as a result of the crime and give the victim's 
  2.25  recommendation on whether the inmate should be given supervised 
  2.26  release at this time.  The commissioner must consider the 
  2.27  victim's statement when making the supervised release decision. 
  2.28     (d) As used in this subdivision, "victim" means the 
  2.29  individual who suffered harm as a result of the inmate's crime 
  2.30  or, if the individual is deceased, the deceased's surviving 
  2.31  spouse or next of kin. 
  2.32     Sec. 3.  Minnesota Statutes 2002, section 609.1095, 
  2.33  subdivision 3, is amended to read: 
  2.34     Subd. 3.  [MANDATORY LIFE SENTENCE FOR DANGEROUS OFFENDER 
  2.35  WHO COMMITS A SECOND OR THIRD VIOLENT FELONY.] (a) Unless a 
  2.36  longer mandatory minimum sentence is otherwise required by law 
  3.1   or the court imposes a longer aggravated durational departure 
  3.2   under subdivision 2, A person who is convicted of a violent 
  3.3   crime that is a felony must be committed to the commissioner of 
  3.4   corrections for a mandatory sentence of at least the length of 
  3.5   the presumptive sentence under the Sentencing 
  3.6   Guidelines sentenced to imprisonment for life, notwithstanding 
  3.7   the statutory maximum sentence otherwise applicable to the 
  3.8   offense, if the court determines on the record at the time of 
  3.9   sentencing that the person has two or more a prior felony 
  3.10  convictions conviction for a violent crimes crime. The court 
  3.11  shall impose and execute the prison sentence regardless of 
  3.12  whether the guidelines presume an executed prison sentence.  
  3.13     (b) A person who is convicted of a violent crime that is a 
  3.14  felony must be sentenced to imprisonment for life without the 
  3.15  possibility of release, notwithstanding the statutory maximum 
  3.16  sentence otherwise applicable to the offense, if the court 
  3.17  determines on the record at the time of sentencing that the 
  3.18  person has two or more prior felony convictions for violent 
  3.19  crimes.  
  3.20     (c) Any person convicted and sentenced as required by this 
  3.21  subdivision is not eligible for probation, parole, discharge, or 
  3.22  work release, until that person has served the full term of 
  3.23  imprisonment imposed by the court, notwithstanding sections 
  3.24  241.26, 242.19, 243.05, 244.04, 609.12, and 
  3.25  609.135.  Notwithstanding section 609.135, the court may not 
  3.26  stay the imposition or execution of this sentence.  
  3.27     (b) (d) For purposes of this subdivision, "violent crime" 
  3.28  does not include a violation of section 152.023 or 152.024. 
  3.29     Sec. 4.  [EFFECTIVE DATE.] 
  3.30     Sections 1 to 3 are effective August 1, 2004, and apply to 
  3.31  crimes committed on or after that date.  The court shall 
  3.32  consider convictions occurring before August 1, 2004, as 
  3.33  previous convictions when sentencing offenders under section 3.