SF 1284

as introduced - 89th Legislature (2015 - 2016) Posted on 08/21/2015 10:00am

A bill for an act
relating to public safety; modifying stay of sentence maximum periods; requiring
public defender at all probation revocation hearings; amending Minnesota
Statutes 2014, sections 609.135, subdivision 2; 609.14, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 609.135, subdivision 2, is amended to read:

Subd. 2.

Stay of sentence maximum periods.

(a) deleted text begin If the conviction is for a felony
other than section 609.2113, subdivision 1 or 2, or 609.2114, subdivision 2, or Minnesota
Statutes 2012, section 609.21, subdivision 1a, paragraph (b) or (c), deleted text end The stay new text begin of a sentence
for the conviction of any offense new text end shall be for not more than four years or the maximum
period for which the sentence of imprisonment might have been imposed, whichever
is deleted text begin longer deleted text end new text begin less new text end .

deleted text begin (b) If the conviction is for a gross misdemeanor violation of section 169A.20,
609.2113, subdivision 3, or 609.3451, or for a felony described in section 609.2113,
subdivision 1 or 2, or 609.2114, subdivision 2, the stay shall be for not more than six years.
The court shall provide for unsupervised probation for the last year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the last year.
deleted text end

deleted text begin (c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
stay shall be for not more than two years.
deleted text end

deleted text begin (d) If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
609.224, subdivision 1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not more than two years. The
court shall provide for unsupervised probation for the second year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the second year.
deleted text end

deleted text begin (e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
shall be for not more than one year.
deleted text end

deleted text begin (f) deleted text end new text begin (b) new text end The defendant shall be discharged six months after the term of the stay
expires, unless the stay has been revoked or extended under paragraph deleted text begin (g) deleted text end new text begin (c) new text end , or the
defendant has already been discharged.

deleted text begin (g) deleted text end new text begin (c) new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) deleted text begin to (f) deleted text end new text begin and (b) new text end , a court may extend a defendant's term of probation for up to
one year if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the
payment schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the
term of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by
the court for up to one additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the court-ordered restitution
that the defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104.

deleted text begin (h) deleted text end new text begin (d) new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) deleted text begin to (f) deleted text end new text begin and (b) new text end , a court may extend a defendant's term of probation for up to
three years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
sentencing for conviction of an offense on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 609.14, subdivision 2, is amended to read:

Subd. 2.

Notification of grounds for revocation.

The defendant shall thereupon be
notified in writing and in such manner as the court directs of the grounds alleged to exist for
revocation of the stay of imposition or execution of sentence. If such grounds are brought
in issue by the defendant, a summary hearing shall be held thereon at which the defendant
is entitled to be heard and to be represented by counsel. new text begin For a defendant unable to pay, the
court shall appoint counsel according to Minnesota Rules of Criminal Procedure, rule 5.04.
new text end