HF 3048

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; allowing concurrent sentences for 
  1.3             offenses involving separate victims or separate 
  1.4             behavioral incidents only for substantial and 
  1.5             compelling reasons; limiting jail time credit; 
  1.6             requiring the sentencing guidelines commission to 
  1.7             amend the guidelines so manipulation of jail credit is 
  1.8             eliminated; amending Minnesota Statutes 1996, sections 
  1.9             609.01, subdivision 1; and 609.145; Minnesota Statutes 
  1.10            1997 Supplement, section 609.15, subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 609.01, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [PURPOSES.] This chapter may be cited as 
  1.15  the criminal code of 1963.  Its provisions shall be construed 
  1.16  according to the fair import of its terms, to promote justice, 
  1.17  and to effect its purposes which are declared to be: 
  1.18     (1) To protect the public safety and welfare by preventing 
  1.19  the commission of crime through the deterring effect of the 
  1.20  sentences authorized, the rehabilitation of those convicted, and 
  1.21  their confinement when the public safety and interest requires; 
  1.22  and 
  1.23     (2) To protect the individual against the misuse of the 
  1.24  criminal law by fairly defining the acts and omissions 
  1.25  prohibited, authorizing sentences reasonably related to the 
  1.26  conduct and character of the convicted person, and prescribing 
  1.27  fair and reasonable postconviction procedures; and 
  1.28     (3) Concurrent jail or prison sentences for offenses 
  2.1   involving separate victims or separate behavioral incidents are 
  2.2   not authorized, unless the sentencing court finds good cause for 
  2.3   concurrent sentences based upon substantial and compelling 
  2.4   reasons.  
  2.5      Sec. 2.  Minnesota Statutes 1996, section 609.145, is 
  2.6   amended to read: 
  2.7      609.145 [CREDIT FOR PRIOR OR CONCURRENT INCARCERATION OR 
  2.8   IMPRISONMENT.] 
  2.9      Subdivision 1.  [BEHAVIORAL INCIDENT CRIME.] When a person 
  2.10  has been imprisoned pursuant to a conviction which is set aside 
  2.11  and is thereafter convicted of a crime growing out of the same 
  2.12  act or omission, the period of imprisonment to which the person 
  2.13  is sentenced is reduced by the period of the prior imprisonment 
  2.14  and the time earned thereby in diminution of sentence. 
  2.15     Subd. 2.  [REDUCTION IN SENTENCE.] A sentence of 
  2.16  imprisonment upon conviction of a felony is reduced by the 
  2.17  period of confinement of the defendant following the conviction 
  2.18  and before the defendant's commitment to the commissioner of 
  2.19  corrections for execution of sentence unless the court otherwise 
  2.20  directs. 
  2.21     Subd. 3.  [CREDIT FOR TIME INCARCERATED.] (a) When a court 
  2.22  sentences a person upon conviction of a crime to incarceration 
  2.23  in a local correctional facility, or imprisonment in a state 
  2.24  correctional facility, it shall assure that the record 
  2.25  accurately reflects time spent in custody for that crime.  
  2.26  Credit for time shall be limited to time spent in custody solely 
  2.27  for the offense or behavioral incident for which the sentence is 
  2.28  imposed.  
  2.29     (b) No credit against the sentence shall be allowed by the 
  2.30  court for any period of incarceration or imprisonment served in 
  2.31  connection with any other behavioral incident or for any 
  2.32  incident involving a separate victim unless the court provides 
  2.33  written reasons or makes findings on the record which specify 
  2.34  the substantial and compelling nature of the circumstances and 
  2.35  which demonstrate why the jail credit or a concurrent sentence 
  2.36  is more appropriate or reasonable than a consecutive sentence. 
  3.1      Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  3.2   609.15, subdivision 1, is amended to read: 
  3.3      Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
  3.4   SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph 
  3.5   (c), when separate sentences of incarceration in a local 
  3.6   correctional facility or imprisonment in a state correctional 
  3.7   facility are imposed on a defendant for two or more crimes, 
  3.8   whether charged in a single indictment or information complaint 
  3.9   or separately, or when a person who is under sentence 
  3.10  of incarceration or imprisonment in this state is being 
  3.11  sentenced to incarceration or imprisonment for another crime 
  3.12  committed prior to or while subject to such former sentence, the 
  3.13  court in the later sentence or sentences, whether an original 
  3.14  sentence or upon the revocation of a stayed sentence, shall 
  3.15  specify whether the sentences shall run concurrently or 
  3.16  consecutively.  If the court does not so specify, the sentences 
  3.17  shall run concurrently consecutively.  
  3.18     (b) When a court imposes sentence for a misdemeanor or 
  3.19  gross misdemeanor offense and specifies that the sentence shall 
  3.20  run consecutively to any other sentence, the court may order the 
  3.21  defendant to serve time in custody for the consecutive sentence 
  3.22  in addition to any time in custody the defendant may be serving 
  3.23  for any other offense, including probationary jail time or 
  3.24  imprisonment for any felony offense. 
  3.25     (c) An inmate of a state prison who is convicted of 
  3.26  committing an assault within the correctional facility is 
  3.27  subject to the consecutive sentencing provisions of section 
  3.28  609.2232. 
  3.29     Sec. 4.  [JAIL CREDIT; AMENDMENT TO SENTENCING GUIDELINES.] 
  3.30     The sentencing guidelines commission shall amend section 
  3.31  III.C.01 of the sentencing guidelines by providing that jail 
  3.32  credit for time spent in custody shall not turn on matters 
  3.33  subject to manipulation by prosecutors, defense attorneys, or 
  3.34  judges.  
  3.35     Sec. 5.  [JAIL CREDIT MANIPULATION; SENTENCING GUIDELINES 
  3.36  AMENDMENT.] 
  4.1      The sentencing guidelines commission shall amend section 
  4.2   III.C.02 of the sentencing guidelines so that the prohibition 
  4.3   against manipulating jail credit includes the defense attorney 
  4.4   and judge as well as the prosecutor.