SF 686

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to sentencing; clarifying legislative intent 
  1.3             concerning credit for time served; creating a 
  1.4             presumption in favor of consecutive sentences; 
  1.5             requiring specific findings to authorize concurrent 
  1.6             sentences or credit for time served; requiring that 
  1.7             conforming changes be made to sentencing guidelines; 
  1.8             amending Minnesota Statutes 1998, sections 609.01, 
  1.9             subdivision 1; 609.145, by adding a subdivision; and 
  1.10            609.15, subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, 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) To prohibit concurrent jail or prison sentences for 
  2.1   offenses involving separate victims or separate behavioral 
  2.2   incidents unless the sentencing judge finds good cause for 
  2.3   concurrent sentences based on substantial and compelling reasons.
  2.4      Sec. 2.  Minnesota Statutes 1998, section 609.145, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 3.  [CREDIT LIMITED.] (a) When a court sentences a 
  2.7   person convicted of a crime to incarceration in a local 
  2.8   correctional facility or to imprisonment in a state correctional 
  2.9   facility, it shall ensure that the record accurately reflects 
  2.10  the time the person has spent in custody in connection with that 
  2.11  crime.  Credit for time served shall be limited to time spent in 
  2.12  custody solely in connection with the offense or behavioral 
  2.13  incident for which the sentence is imposed. 
  2.14     (b) The court may not award credit against a sentence 
  2.15  imposed under paragraph (a) for any period of incarceration or 
  2.16  imprisonment served in connection with any other behavioral 
  2.17  incident or for any incident involving a separate victim unless 
  2.18  the court provides written reasons or makes findings on the 
  2.19  record specifying the substantial and compelling nature of the 
  2.20  circumstances and demonstrating why the credit or concurrent 
  2.21  sentence is more appropriate or reasonable than a consecutive 
  2.22  sentence. 
  2.23     Sec. 3.  Minnesota Statutes 1998, section 609.15, 
  2.24  subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
  2.26  SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph 
  2.27  (c),: 
  2.28     (1) when separate sentences of incarceration in a local 
  2.29  correctional facility or imprisonment in a state correctional 
  2.30  facility are imposed on a defendant for two or more crimes, 
  2.31  whether charged in a single indictment or information complaint 
  2.32  or separately,; or 
  2.33     (2) when a person who is under sentence of incarceration or 
  2.34  imprisonment or who is serving a probationary jail term in this 
  2.35  state is being sentenced to incarceration or imprisonment for 
  2.36  another crime committed prior to or while subject to such former 
  3.1   sentence,; 
  3.2   the court in the later sentence or sentences shall specify 
  3.3   whether the sentences shall run concurrently or consecutively.  
  3.4   If the court does not so specify, the sentences shall 
  3.5   run concurrently consecutively.  This paragraph applies to 
  3.6   sentences that are executed at the time of the original 
  3.7   sentencing and to sentences that are executed following 
  3.8   revocation of a stayed sentence.  
  3.9      (b) When a court imposes sentence for a misdemeanor or 
  3.10  gross misdemeanor offense and specifies that the sentence shall 
  3.11  run consecutively to any other sentence, the court may order the 
  3.12  defendant to serve time in custody for the consecutive sentence 
  3.13  in addition to any time in custody the defendant may be serving 
  3.14  for any other offense, including probationary jail time or 
  3.15  imprisonment for any felony offense. 
  3.16     (c) An inmate of a state prison who is convicted of 
  3.17  committing an assault within the correctional facility is 
  3.18  subject to the consecutive sentencing provisions of section 
  3.19  609.2232. 
  3.20     Sec. 4.  [SENTENCING GUIDELINE MODIFICATION.] 
  3.21     The sentencing guidelines commission shall modify 
  3.22  sentencing guideline III.C. to provide that jail credit for time 
  3.23  spent in custody must not be affected by matters subject to 
  3.24  manipulation by prosecutors, defense attorneys, or judges.  The 
  3.25  modification shall be effective for crimes committed on or after 
  3.26  August 1, 1999. 
  3.27     Sec. 5.  [EFFECTIVE DATE.] 
  3.28     Sections 1 to 4 are effective August 1, 1999, and apply to 
  3.29  crimes committed on or after that date.