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Minnesota Legislature

Office of the Revisor of Statutes

SF 1606

as introduced - 91st Legislature (2019 - 2020) Posted on 03/28/2019 03:52pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; modifying length of probation for certain offenses;
clarifying that court can grant early termination and discharge of probation;
amending Minnesota Statutes 2018, section 609.135, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 609.135, subdivision 2, is amended to read:


Subd. 2.

Stay of sentence maximum periods.

(a) 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), the stay shall be for not more
than deleted text beginfourdeleted text endnew text begin fivenew text end years deleted text beginor the maximum period for which the sentence of imprisonment might
have been imposed, whichever is longer
deleted text end.

(b) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113,
subdivision 3
, deleted text beginor 609.3451,deleted text end 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 deleted text beginsixdeleted text endnew text begin fivenew text end 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.

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

(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.

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

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the stay has been revoked or extended under paragraph (g), or the defendant has already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

(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), 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.

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), 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 (i) Notwithstanding the time periods for stays of sentences under paragraphs (a) to (f),
a court may discharge a defendant from probation before the expiration of the maximum
period prescribed for the probation except for probation for murder under sections 609.185,
609.19, and 609.195, and criminal sexual conduct under sections 609.342, 609.343, 609.344,
609.345, and 609.3451. The probation time period for murder and criminal sexual conduct
is the maximum time period for which the sentence of imprisonment might have been
imposed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to stays of
sentence granted on or after that date.
new text end