SF 1230

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; expanding the escape from
custody crime to include civilly committed sexually
dangerous persons and persons with sexual psychopathic
personalities who abscond while under provisional
discharge; amending Minnesota Statutes 2004, section
609.485, subdivisions 2, 4.

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

Section 1.

Minnesota Statutes 2004, section 609.485,
subdivision 2, is amended to read:

Subd. 2.

Acts prohibited.

Whoever does any of the
following may be sentenced as provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in
lawful custody on a charge or conviction of a crime, or while
held in lawful custody on an allegation or adjudication of a
delinquent act;

(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an
institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to
escape;

(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
after a finding of not guilty by reason of mental illness or
mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt
to commit a violation of this clause; deleted text begin or
deleted text end

(5) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10 new text begin ; or
new text end

new text begin (6) knowingly absconds or fails to return to custody
following the revocation of provisional discharge under section
253B.15 of a person committed under section 253B.185 or
Minnesota Statutes 1992, section 526.10 new text end .

For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from
the person's body.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.485,
subdivision 4, is amended to read:

Subd. 4.

Sentence.

(a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:

(1) if the person who escapes is in lawful custody for a
felony, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both;

(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, or pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10, new text begin or violates subdivision 2, clause (6), new text end to imprisonment
for not more than one year and one day or to payment of a fine
of not more than $3,000, or both; or

(3) if the person who escapes is in lawful custody for a
gross misdemeanor or misdemeanor, or if the person who escapes
is in lawful custody on an allegation or adjudication of a
delinquent act, to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.

(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of
violence against a person, the sentence may be increased to not
more than twice those permitted in paragraph (a), clauses (1)
and (3).

(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence
previously imposed or which may be imposed for any crime or
offense for which the person was in custody when the person
escaped.

(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section
260B.198 escapes from the custody of the commissioner while 18
years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date
of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause
is convicted under this section after becoming 19 years old and
after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.

(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent
act while 18 years of age escapes from a local juvenile
correctional facility, the person's sentence under this section
begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever
occurs first. However, if the person described in this
paragraph is convicted after becoming 19 years old and after
discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.

(f) Notwithstanding paragraph (a), any person who escapes
or absconds from electronic monitoring or removes an electric
monitoring device from the person's body is guilty of a crime
and shall be sentenced to imprisonment for not more than one
year or to a payment of a fine of not more than $3,000, or
both. A person in lawful custody for a violation of section
609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
or 609.3451 who escapes or absconds from electronic monitoring
or removes an electronic monitoring device while under sentence
may be sentenced to imprisonment for not more than five years or
to a payment of a fine of not more than $10,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end