SF 1092

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; proposing the Controlled Substance Reform Act of
2007; authorizing deferral of judgment for certain drug offenses; making certain
affirmative defenses available for driving while impaired offenses; requiring
appointment of a conditional release screening committee; requiring the
commissioner of human services to publish best practice standards for publicly
funded prison-based substance abuse treatment programs; appropriating money;
amending Minnesota Statutes 2006, sections 152.18, subdivision 1; 169A.46, by
adding a subdivision; 244.055, subdivision 1.

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

Section 1. CONTROLLED SUBSTANCE REFORM ACT OF 2007.

Sections 2 to 7 shall be known as the Controlled Substance Reform Act of 2007.

Sec. 2.

Minnesota Statutes 2006, section 152.18, subdivision 1, is amended to read:

Subdivision 1.

Deferring prosecution for certain first time drug offenders.

If
any person who has not previously participated in or completed a diversion program
authorized under section 401.065 or who has not previously been placed on probation
without a judgment of guilty and thereafter been discharged from probation under
this section is found guilty of a violation of section 152.024, subdivision 2, 152.025,
subdivision 2, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance,
after trial or upon a plea of guilty, and the court determines that the violation does not
qualify as a subsequent controlled substance conviction under section 152.01, subdivision
16a, the court may shall, without entering a judgment of guilty and with the consent of
the person, either (1) defer further proceedings and place the person on probation upon
such reasonable conditions as it may require and for a period, not to exceed the maximum
sentence provided for the violation. The court or (2) enter a written finding that states
substantial and compelling reasons why a deferral is inappropriate. For any other person
who is found guilty of a violation of section 152.024, subdivision 2; 152.025, subdivision
2; or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial
or upon a plea of guilty, and the court determines that the violation does not qualify as a
subsequent controlled substance conviction under section 152.01, subdivision 16a, the
court may, without entering a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such reasonable conditions
as it may require and for a period not to exceed the maximum sentence provided for the
violation. If the court grants a deferral, it may give the person the opportunity to attend
and participate in an appropriate program of education regarding the nature and effects of
alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and proceed as otherwise provided.
The court may, in its discretion, dismiss the proceedings against the person and discharge
the person from probation before the expiration of the maximum period prescribed for the
person's probation. If during the period of probation the person does not violate any of the
conditions of the probation, then upon expiration of the period the court shall discharge the
person and dismiss the proceedings against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it shall
be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts
in determining the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the not public
record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this subdivision to the bureau which
shall make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.

EFFECTIVE DATE.

This section is effective July 1, 2007.

Sec. 3.

Minnesota Statutes 2006, section 169A.46, is amended by adding a subdivision
to read:

Subd. 3.

Application in appeal to administrative sanction.

The affirmative
defenses described in this section are available to a defendant in a criminal proceeding
for the specified violation or violations, as well as to the person when making an
administrative or judicial appeal of an administrative sanction in accordance with sections
169A.53 (driver's license revocation), 169A.60 (vehicle license plate impoundment),
or 169A.63 (vehicle forfeiture).

EFFECTIVE DATE.

This section is effective July 1, 2007, for use in criminal and
civil law proceedings occurring on or after that date.

Sec. 4.

Minnesota Statutes 2006, section 244.055, subdivision 1, is amended to read:

Subdivision 1.

Conditional release authority; conditional release screening
committee.

(a) The commissioner of corrections shall appoint a conditional release
screening committee. The committee shall make recommendations regarding an inmate's
suitability for conditional release under this section. The committee shall consist of
five members: one retired judge, a public defender, a county attorney, a mental health
professional, and a probation officer. Committee members serve at the pleasure of the
commissioner and shall not collect a salary. Members are entitled to per diem and expense
reimbursement.

(b) The commissioner of corrections has the authority to release offenders committed
to the commissioner's custody who meet the requirements of this section and of any
rules adopted by the commissioner. The commissioner's decisions must be based on
the conditional release screening committee's recommendations. If the commissioner
rejects the screening committee's recommendation for an inmate, the commissioner must
state in writing why the recommendation was rejected. A copy of the commissioner's
recommendation rejection must be provided to the screening committee and the inmate.

EFFECTIVE DATE.

This section is effective July 1, 2007.

Sec. 5. PRISON-BASED TREATMENT; BEST PRACTICE STANDARDS.

To improve the quality of prison-based substance abuse treatment and to reduce the
rate of criminal recidivism among drug offenders, the commissioner of human services, in
conjunction with the commissioner of corrections, shall develop best practice standards
for publicly funded prison-based substance abuse treatment programs. The commissioner
of human services shall publish the best practice standards on or before March 15, 2008.
The commissioner of corrections shall implement the best practice standards on or
before November 1, 2008. The commissioner of human services shall provide technical
assistance and support to the commissioner of corrections while implementing the best
practice standards.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6. SENTENCING GUIDELINES; CONTROLLED SUBSTANCE
SENTENCING PROPORTIONALITY.

As part of the sentencing guidelines commission's annual report to the legislature,
due on or before January 1, 2008, the commission shall recommend changes to the
sentencing guidelines grid for controlled substance offenses. The recommendations
shall seek to make presumptive sentences for controlled substance offenses proportional
with similarly severe offenses in Minnesota and proportional with similar controlled
substance offenses from other states in the Upper Midwest, including Iowa, Michigan,
North Dakota, South Dakota, and Wisconsin.

Sec. 7. APPROPRIATION.

$....... is appropriated from the general fund to the commissioner of health to develop
the best practice standards required under section 5. This is a onetime appropriation.