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Minnesota Legislature

Office of the Revisor of Statutes

HF 997

as introduced - 91st Legislature (2019 - 2020) Posted on 03/13/2019 04:49pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to corrections; providing guidance for sentencing offenders to probation
and length of probation; providing for data integration for probation; amending
Minnesota Statutes 2018, section 244.09, subdivisions 5, 6, 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 244.09, subdivision 5, is amended to read:


Subd. 5.

Promulgation of Sentencing Guidelines.

The commission shall promulgate
Sentencing Guidelines for the district court. The guidelines shall be based on reasonable
offense and offender characteristics. The guidelines promulgated by the commission shall
be advisory to the district court and shall establish:

(1) the circumstances under which imprisonment of an offender is properdeleted text begin;deleted text end and deleted text begin(2)deleted text end a
presumptive, fixed sentence for offenders for whom imprisonment is proper, based on each
appropriate combination of reasonable offense and offender characteristics. The guidelines
shall provide for an increase of 20 percent and a decrease of 15 percent in the presumptive,
fixed sentencedeleted text begin.deleted text endnew text begin;
new text end

deleted text begin The Sentencing Guidelines promulgated by the commission may also establish appropriate
sanctions for offenders for whom imprisonment is not proper. Any
deleted text endnew text begin (2) a presumptive, fixed
probation term for offenders for whom probation is proper based on each appropriate
combination of reasonable offense and offender characteristics.
new text end Guidelines promulgated by
the commission establishing sanctions for offenders for whom imprisonment is not proper
shall make specific reference to noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community work orders, work release
programs in local facilities, community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation and the conditions deleted text beginthereof.deleted text endnew text begin of
probation; and
new text end

new text begin (3) that nothing in this section or in the guidelines promulgated by the commission
preclude the court from imposing a sentence for a felony conviction that is within the limits
provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02.
new text end

Although the Sentencing Guidelines are advisory to the district court, the court shall
follow the procedures of the guidelines when it pronounces sentence in a proceeding to
which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing
Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity, proportionality, rationality, and
predictability in sentencing.

In establishing and modifying the Sentencing Guidelines, the primary consideration of
the commission shall be public safety. The commission shall also consider current sentencing
and release practices;new text begin current probation practices;new text end correctional resources, including but not
limited to the capacities of local and state correctional facilities; and the long-term negative
impact of the crime on the community.

The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the
Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative commission to review
administrative rules. However, the commission shall adopt rules pursuant to sections 14.001
to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines,
including procedures for the promulgation of severity levels and criminal history scores,
and these rules shall be subject to review by the Legislative Coordinating Commission.

Sec. 2.

Minnesota Statutes 2018, section 244.09, subdivision 6, is amended to read:


Subd. 6.

Clearinghouse and information center.

The commission, in addition to
establishing Sentencing Guidelines, shall serve as a clearinghouse and information center
for the collection, preparation, analysis and dissemination of information on state and local
sentencing new text beginand probation new text endpractices, and shall conduct ongoing research regarding Sentencing
Guidelines, use of imprisonment and alternatives to imprisonment, new text beginprobation terms,
conditions of probation, probation revocations,
new text endplea bargaining, new text beginrecidivism, new text endand other matters
relating to the improvement of the criminal justice system. The commission shall from time
to time make recommendations to the legislature regarding changes in the Criminal Code,
criminal procedures, and other aspects of sentencingnew text begin and probationnew text end.

This information shall include information regarding the impact of statutory changes to
the state's criminal laws related to controlled substances, including those changes enacted
by the legislature in Laws 2016, chapter 160.

Sec. 3.

Minnesota Statutes 2018, section 244.09, subdivision 8, is amended to read:


Subd. 8.

Administrative services.

The commissioner of corrections shall provide
adequate office space and administrative services for the commission, and the commission
shall reimburse the commissioner for the space and services provided. The commission
may also utilize, with their consent, the services, equipment, personnel, information and
resources of other state agencies; and may accept voluntary and uncompensated services,
contract with individuals, public and private agencies, and request information, reports and
data fromnew text begin, and establish data integrations with,new text end any agency of the state, or any of its political
subdivisions, to the extent authorized by law.