SF 1692

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; creating a pilot project 
  1.3             work program at Camp Ripley; requiring that nonviolent 
  1.4             felony offenders whose sentences are stayed by courts 
  1.5             be ordered to complete the work program for a 
  1.6             specified period of time; appropriating money; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapters 241; and 609. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [241.277] [PILOT PROJECT WORK PROGRAM AT CAMP 
  1.11  RIPLEY.] 
  1.12     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner of 
  1.13  corrections shall enter into a contract with the adjutant 
  1.14  general to establish and operate a two-year pilot project work 
  1.15  program at Camp Ripley.  The program must serve adult nonviolent 
  1.16  felony offenders under the age of 25 who are ordered to complete 
  1.17  the program by courts under section 609.113. 
  1.18     Subd. 2.  [PROGRAM DESCRIBED.] The commissioner shall 
  1.19  administer and operate the program.  The program must require 
  1.20  offenders placed there to perform physical labor for at least 
  1.21  eight hours a day either at the facility or in other locations 
  1.22  and must provide basic educational programming in the evening. 
  1.23     Subd. 3.  [PROGRAM GUIDELINES.] The commissioner shall 
  1.24  develop guidelines for the operation of the work program.  These 
  1.25  guidelines must, at a minimum, address the nature and location 
  1.26  of the physical labor required and the extent of the educational 
  1.27  programming offered. 
  2.1      Subd. 4.  [STATUS OF OFFENDER.] An offender sentenced to 
  2.2   the work program under this section is not committed to the 
  2.3   commissioner of corrections.  Instead, the offender is under the 
  2.4   continuing jurisdiction of the sentencing court. 
  2.5      Subd. 5.  [LENGTH OF STAY.] An offender sentenced by a 
  2.6   court to the work program for 60 days must serve a minimum of 30 
  2.7   days, and an offender sentenced by a court for 90 days must 
  2.8   serve a minimum of 60 days unless the commissioner terminates 
  2.9   the person from the program and remands the person to the 
  2.10  custody of the sentencing court as provided in subdivision 6.  
  2.11  The commissioner may require an offender to remain at the 
  2.12  program beyond the minimum sentence for any period up to the 
  2.13  full sentence if the offender violates disciplinary rules. 
  2.14     Subd. 6.  [SANCTIONS.] The commissioner shall impose severe 
  2.15  and meaningful sanctions for violating the conditions of the 
  2.16  work program.  The commissioner shall remove an offender from 
  2.17  the program and remand the person to the custody of the 
  2.18  sentencing court if the offender: 
  2.19     (1) commits a material violation of or repeatedly fails to 
  2.20  follow the rules of the program; 
  2.21     (2) commits any misdemeanor, gross misdemeanor, or felony 
  2.22  offense; or 
  2.23     (3) presents a risk to the public, based on the offender's 
  2.24  behavior, attitude, or abuse of alcohol or controlled substances.
  2.25     Subd. 7.  [DISCIPLINARY RULES.] By July 1, 1997, the 
  2.26  commissioner shall develop disciplinary rules applicable to the 
  2.27  work program, a violation of which may result in extending an 
  2.28  offender's stay at the program for any period of time up to the 
  2.29  maximum sentence.  These rules may cover violations of program 
  2.30  rules, refusal to work, refusal to participate in the 
  2.31  educational program, and other matters determined by the 
  2.32  commissioner.  Extending an offender's stay shall be considered 
  2.33  to be a disciplinary sanction imposed upon the offender, and the 
  2.34  procedure for imposing the extension and the rights of the 
  2.35  offender in the procedure shall be those in effect for the 
  2.36  imposition of other disciplinary sanctions at state correctional 
  3.1   institutions. 
  3.2      Subd. 8.  [COSTS OF PROGRAM.] The commissioner of 
  3.3   corrections is responsible for all costs associated with the 
  3.4   placement of offenders in this program, including, but not 
  3.5   limited to, per diem expenses and transporting offenders to and 
  3.6   from the program. 
  3.7      Subd. 9.  [REPORT.] By January 15, 2000, the commissioner 
  3.8   shall report to the chairs of the senate and house committees 
  3.9   and divisions having jurisdiction over criminal justice policy 
  3.10  and funding on this program.  The report must contain 
  3.11  information on the recidivism rates for offenders sentenced to 
  3.12  the program. 
  3.13     Sec. 2.  [609.113] [MANDATORY SENTENCE TO WORK PROGRAM FOR 
  3.14  CERTAIN OFFENDERS.] 
  3.15     Subdivision 1.  [SENTENCE.] If a court stays the imposition 
  3.16  or execution of sentence under section 609.135 for a person who 
  3.17  is under the age of 25 and convicted of a first- or second-time 
  3.18  nonviolent felony offense, and the person has never been 
  3.19  previously convicted of or adjudicated for committing an offense 
  3.20  against the person or a controlled substance offense, the court, 
  3.21  in addition to any other intermediate sanctions ordered, shall, 
  3.22  as a condition of probation, order the defendant to 
  3.23  satisfactorily complete the work program described in section 
  3.24  241.277 for the period of time specified in subdivision 2. 
  3.25     Subd. 2.  [LENGTH OF SENTENCE.] If the court determines 
  3.26  that the offense is the defendant's first nonviolent felony 
  3.27  offense, the court shall sentence the person to the work program 
  3.28  for 60 days.  If the court determines that the offense is the 
  3.29  defendant's second nonviolent felony offense, the court shall 
  3.30  sentence the person to the work program for 90 days.  The 
  3.31  defendant shall be placed in the work program as soon as 
  3.32  possible after the sentencing to ensure swift consequences for 
  3.33  the offense. 
  3.34     For purposes of this subdivision, "nonviolent felony 
  3.35  offense" does not include crimes against the person or 
  3.36  controlled substance offenses. 
  4.1      Sec. 3.  [APPROPRIATION.] 
  4.2      $....... is appropriated for the fiscal year ending June 
  4.3   30, 1998, and $....... is appropriated for the fiscal year 
  4.4   ending June 30, 1999, from the general fund to the commissioner 
  4.5   of corrections to establish and operate the work program at Camp 
  4.6   Ripley described in section 1.