SF 1711

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing a felony 
  1.3             penalty for certain repeat violators of the DWI laws; 
  1.4             requiring that felony violators be incarcerated in 
  1.5             local correctional facilities; providing mandatory 
  1.6             minimum penalties for these felony violations; 
  1.7             repealing statutory references to enhanced gross 
  1.8             misdemeanor crimes; creating a work program for repeat 
  1.9             DWI offenders at Camp Ripley; requiring courts to 
  1.10            sentence certain repeat DWI offenders to the work 
  1.11            program; repealing the adult work program for 
  1.12            nonviolent offenders at Camp Ripley; appropriating 
  1.13            money; amending Minnesota Statutes 1998, sections 
  1.14            3.739, subdivision 1; 169.121, subdivisions 3 and 3e; 
  1.15            169.129, subdivision 2; 244.20; 388.051, subdivision 
  1.16            1; 609.02, subdivision 2; 609.105, subdivision 3; and 
  1.17            609.135, subdivision 2; proposing coding for new law 
  1.18            in Minnesota Statutes, chapter 241; repealing 
  1.19            Minnesota Statutes 1998, sections 241.277; 609.02, 
  1.20            subdivision 2a; and 609.113. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1998, section 3.739, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
  1.25  arising out of the circumstances described in this subdivision 
  1.26  shall be presented to, heard, and determined as provided in 
  1.27  subdivision 2: 
  1.28     (1) an injury to or death of an inmate of a state, 
  1.29  regional, or local correctional facility or county jail who has 
  1.30  been conditionally released and ordered to perform uncompensated 
  1.31  work for a state agency, a political subdivision or public 
  1.32  corporation of this state, a nonprofit educational, medical, or 
  1.33  social service agency, or a private business or individual, as a 
  2.1   condition of the release, while performing the work; 
  2.2      (2) an injury to or death of a person sentenced by a court, 
  2.3   granted a suspended sentence by a court, or subject to a court 
  2.4   disposition order, and who, under court order, is performing 
  2.5   work (a) in restitution, (b) in lieu of or to work off fines or 
  2.6   court ordered costs, (c) in lieu of incarceration, or (d) as a 
  2.7   term or condition of a sentence, suspended sentence, or 
  2.8   disposition order, while performing the work; 
  2.9      (3) an injury to or death of a person, who has been 
  2.10  diverted from the court system and who is performing work as 
  2.11  described in paragraph (1) or (2) under a written agreement 
  2.12  signed by the person, and if a juvenile, by a parent or 
  2.13  guardian; 
  2.14     (4) an injury to or death of any person caused by an 
  2.15  individual who was performing work as described in paragraph 
  2.16  (1), (2), or (3); or 
  2.17     (5) necessary medical care of offenders sentenced to the 
  2.18  Camp Ripley work program described in section 241.277 241.2775. 
  2.19     Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this section:
  2.22     (1) "Prior impaired driving conviction" means a prior 
  2.23  conviction under: 
  2.24     (i) this section; Minnesota Statutes 1996, section 84.91, 
  2.25  subdivision 1, paragraph (a), or 86B.331, subdivision 1, 
  2.26  paragraph (a); section 169.1211; section 169.129; or section 
  2.27  360.0752; 
  2.28     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  2.29  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  2.30  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  2.31  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  2.32     (iii) an ordinance from this state, or a statute or 
  2.33  ordinance from another state, in conformity with any provision 
  2.34  listed in item (i) or (ii). 
  2.35     A prior impaired driving conviction also includes a prior 
  2.36  juvenile adjudication that would have been a prior impaired 
  3.1   driving conviction if committed by an adult. 
  3.2      (2) "Prior license revocation" means a driver's license 
  3.3   suspension, revocation, cancellation, denial, or 
  3.4   disqualification under: 
  3.5      (i) this section or section 169.1211, 169.123, 171.04, 
  3.6   171.14, 171.16, 171.165, 171.17, or 171.18 because of an 
  3.7   alcohol-related incident; 
  3.8      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
  3.9   subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
  3.10  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
  3.11  clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 
  3.12     (iii) an ordinance from this state, or a statute or 
  3.13  ordinance from another state, in conformity with any provision 
  3.14  listed in item (i) or (ii). 
  3.15     "Prior license revocation" also means the revocation of 
  3.16  snowmobile or all-terrain vehicle operating privileges under 
  3.17  section 84.911, or motorboat operating privileges under section 
  3.18  86B.335, for violations that occurred on or after August 1, 1995.
  3.19     (b) A person who violates subdivision 1, clause (a), (b), 
  3.20  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
  3.21  in conformity with any of them, is guilty of a misdemeanor. 
  3.22     (c) A person is guilty of a gross misdemeanor under any of 
  3.23  the following circumstances: 
  3.24     (1) the person violates subdivision 1, clause (f); 
  3.25     (2) the person violates subdivision 1, clause (a), (b), 
  3.26  (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
  3.27  of a prior impaired driving conviction or a prior license 
  3.28  revocation; 
  3.29     (3) the person violates section 169.26 while in violation 
  3.30  of subdivision 1; or 
  3.31     (4) the person violates subdivision 1 or 1a while a child 
  3.32  under the age of 16 is in the vehicle, if the child is more than 
  3.33  36 months younger than the violator. 
  3.34     A person convicted of a gross misdemeanor under this 
  3.35  paragraph is subject to the mandatory penalties provided in 
  3.36  subdivision 3d. 
  4.1      (d) A person is guilty of an enhanced gross misdemeanor a 
  4.2   felony under any of the following circumstances: 
  4.3      (1) the person violates subdivision 1, clause (f), or 
  4.4   commits a violation described in paragraph (c), clause (3) or 
  4.5   (4), within ten years of one or more prior impaired driving 
  4.6   convictions or prior license revocations; 
  4.7      (2) the person violates subdivision 1, clause (a), (b), 
  4.8   (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
  4.9   of the first of two or more prior impaired driving convictions, 
  4.10  two or more prior license revocations, or any combination of two 
  4.11  or more prior impaired driving convictions and prior license 
  4.12  revocations, based on separate incidents. 
  4.13     A person convicted of an enhanced gross misdemeanor a 
  4.14  felony under this paragraph may be sentenced to imprisonment in 
  4.15  a local correctional facility for not more than two years or to 
  4.16  payment of a fine of not more than $3,000, or both.  
  4.17  Additionally, the person is subject to the applicable mandatory 
  4.18  penalties provided in subdivision 3e.  Felony violations of this 
  4.19  subdivision are not subject to the sentencing guidelines. 
  4.20     (e) The court shall notify a person convicted of violating 
  4.21  subdivision 1 or 1a that the registration plates of the person's 
  4.22  motor vehicle may be impounded under section 168.042 and the 
  4.23  vehicle may be subject to forfeiture under section 169.1217 upon 
  4.24  a subsequent conviction for violating this section, section 
  4.25  169.129, or section 171.24, or a subsequent license revocation 
  4.26  under section 169.123.  The notice must describe the conduct and 
  4.27  the time periods within which the conduct must occur in order to 
  4.28  result in plate impoundment or forfeiture.  The failure of the 
  4.29  court to provide this information does not affect the 
  4.30  applicability of the plate impoundment or the forfeiture 
  4.31  provision to that person. 
  4.32     (f) The attorney in the jurisdiction in which the violation 
  4.33  occurred who is responsible for prosecution of misdemeanor 
  4.34  violations of this section shall also be responsible for 
  4.35  prosecution of gross misdemeanor and enhanced gross misdemeanor 
  4.36  felony violations of this section. 
  5.1      (g) The court must impose consecutive sentences when it 
  5.2   sentences a person for a violation of this section or section 
  5.3   169.129 arising out of separate behavioral incidents.  The court 
  5.4   also must impose a consecutive sentence when it sentences a 
  5.5   person for a violation of this section or section 169.129 and 
  5.6   the person, at the time of sentencing, is on probation for, or 
  5.7   serving, an executed sentence for a violation of this section or 
  5.8   section 169.129 and the prior sentence involved a separate 
  5.9   behavioral incident.  The court also may order that the sentence 
  5.10  imposed for a violation of this section or section 169.129 shall 
  5.11  run consecutively to a previously imposed misdemeanor, gross 
  5.12  misdemeanor or felony sentence for a violation other than this 
  5.13  section or section 169.129.  
  5.14     (h) When the court stays the sentence of a person convicted 
  5.15  under this section, the length of the stay is governed by 
  5.16  section 609.135, subdivision 2. 
  5.17     (i) The court may impose consecutive sentences for offenses 
  5.18  arising out of a single course of conduct as permitted in 
  5.19  section 609.035, subdivision 2.  
  5.20     (j) When an attorney responsible for prosecuting gross 
  5.21  misdemeanors or enhanced gross misdemeanors felonies under this 
  5.22  section requests criminal history information relating to prior 
  5.23  impaired driving convictions from a court, the court must 
  5.24  furnish the information without charge. 
  5.25     (k) A violation of subdivision 1a may be prosecuted either 
  5.26  in the jurisdiction where the arresting officer observed the 
  5.27  defendant driving, operating, or in control of the motor vehicle 
  5.28  or in the jurisdiction where the refusal occurred. 
  5.29     Sec. 3.  Minnesota Statutes 1998, section 169.121, 
  5.30  subdivision 3e, is amended to read: 
  5.31     Subd. 3e.  [ENHANCED GROSS MISDEMEANOR FELONY; MANDATORY 
  5.32  PENALTIES.] (a) The mandatory penalties in this subdivision 
  5.33  apply to persons who are convicted of an enhanced gross 
  5.34  misdemeanor a felony under subdivision 3, paragraph (d), or 
  5.35  section 169.129.  Notwithstanding section 609.135, these 
  5.36  penalties must be imposed and executed. 
  6.1      (b) A person who is convicted of an enhanced gross 
  6.2   misdemeanor a felony under the circumstances described in 
  6.3   subdivision 3, paragraph (d), clause (1), shall be sentenced as 
  6.4   follows: 
  6.5      (1) if the person has one prior impaired driving conviction 
  6.6   or one prior license revocation within the past ten years, the 
  6.7   person must be sentenced to either (i) a minimum of 90 days of 
  6.8   incarceration, at least 30 days of which must be served 
  6.9   consecutively in a local correctional facility, or (ii) a 
  6.10  program of intensive supervision of the type described in 
  6.11  section 169.1265 that requires the person to consecutively serve 
  6.12  at least six days in a local correctional facility.  The court 
  6.13  may order that the person serve not more than 60 days of the 
  6.14  minimum penalty under item (i) on home detention or in an 
  6.15  intensive probation program described in section 169.1265; 
  6.16     (2) if the person has two prior impaired driving 
  6.17  convictions, two prior license revocations, or a combination of 
  6.18  the two, within the past ten years, the person must be sentenced 
  6.19  to either (i) a minimum of 180 days of incarceration, at least 
  6.20  30 days of which must be served consecutively in a local 
  6.21  correctional facility, or (ii) a program of intensive 
  6.22  supervision of the type described in section 169.1265 that 
  6.23  requires the person to consecutively serve at least six days in 
  6.24  a local correctional facility.  The court may order that the 
  6.25  person serve not more than 150 days of the minimum penalty under 
  6.26  item (i) on home detention or in an intensive probation program 
  6.27  described in section 169.1265; or 
  6.28     (3) if the person has three prior impaired driving 
  6.29  convictions, three prior license revocations, or a combination 
  6.30  of the two, within the past 15 years, or four or more prior 
  6.31  impaired driving convictions, four prior license revocations, or 
  6.32  a combination of the two, within the person's lifetime, the 
  6.33  person must be sentenced to either (i) a minimum of one year of 
  6.34  incarceration, at least 60 days of which must be served 
  6.35  consecutively in a local correctional facility, or (ii) a 
  6.36  program of intensive supervision of the type described in 
  7.1   section 169.1265 that requires the person to consecutively serve 
  7.2   at least six days in a local correctional facility.  The court 
  7.3   may order that the person serve the remainder of the minimum 
  7.4   penalty under item (i) on intensive probation using an 
  7.5   electronic monitoring system or, if such a system is 
  7.6   unavailable, on home detention; or 
  7.7      (4) if the person has five or more prior impaired driving 
  7.8   convictions, five or more prior license revocations, or a 
  7.9   combination of the two, within the person's lifetime, the person 
  7.10  must be sentenced to successfully complete the work program 
  7.11  described in section 241.2775. 
  7.12     (c) A person who is convicted of an enhanced gross 
  7.13  misdemeanor a felony under the circumstances described in 
  7.14  subdivision 3, paragraph (d), clause (2), or under section 
  7.15  169.129, shall be sentenced as follows: 
  7.16     (1) if the person has two prior impaired driving 
  7.17  convictions, two prior license revocations, or a combination of 
  7.18  the two, within the past ten years, the person must be sentenced 
  7.19  to either (i) a minimum of 90 days incarceration, at least 30 
  7.20  days of which must be served consecutively in a local 
  7.21  correctional facility, or (ii) a program of intensive 
  7.22  supervision of the type described in section 169.1265 that 
  7.23  requires the person to consecutively serve at least six days in 
  7.24  a local correctional facility.  The court may order that the 
  7.25  person serve not more than 60 days of the minimum penalty under 
  7.26  item (i) on home detention or in an intensive probation program 
  7.27  described in section 169.1265; 
  7.28     (2) if the person has three prior impaired driving 
  7.29  convictions, three prior license revocations, or a combination 
  7.30  of the two, within the past ten years, the person must be 
  7.31  sentenced to either (i) a minimum of 180 days of incarceration, 
  7.32  at least 30 days of which must be served consecutively in a 
  7.33  local correctional facility, or (ii) a program of intensive 
  7.34  supervision of the type described in section 169.1265 that 
  7.35  requires the person to consecutively serve at least six days in 
  7.36  a local correctional facility.  The court may order that the 
  8.1   person serve not more than 150 days of the minimum penalty under 
  8.2   item (i) on home detention or in an intensive probation program 
  8.3   described in section 169.1265; or 
  8.4      (3) if the person has four prior impaired driving 
  8.5   convictions, four prior license revocations, or a combination of 
  8.6   the two, within the past 15 years; or has five or more prior 
  8.7   impaired driving convictions, five or more prior license 
  8.8   revocations, or a combination of the two, within the person's 
  8.9   lifetime; then, the person must be sentenced to either (i) a 
  8.10  minimum of one year of incarceration, at least 60 days of which 
  8.11  must be served consecutively in a local correctional facility, 
  8.12  or (ii) a program of intensive supervision of the type described 
  8.13  in section 169.1265 that requires the person to consecutively 
  8.14  serve at least six days in a local correctional facility.  The 
  8.15  court may order that the person serve the remainder of the 
  8.16  minimum penalty under item (i) on intensive probation using an 
  8.17  electronic monitoring system or, if such a system is 
  8.18  unavailable, on home detention.; or 
  8.19     (4) if the person has five or more prior impaired driving 
  8.20  convictions, five or more prior license revocations, or a 
  8.21  combination of the two, within the person's lifetime, the person 
  8.22  must be sentenced to successfully complete the work program 
  8.23  described in section 241.2775. 
  8.24     (d) If the work program described in section 241.2775 is 
  8.25  full at the time of sentencing, the court shall sentence an 
  8.26  offender described in paragraph (b), clause (4), or paragraph 
  8.27  (c), clause (4), to an alternative disposition that includes a 
  8.28  sanction of equivalent or greater severity as the work program. 
  8.29     Sec. 4.  Minnesota Statutes 1998, section 169.129, 
  8.30  subdivision 2, is amended to read: 
  8.31     Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
  8.32  paragraph (b), a person who violates subdivision 1 is guilty of 
  8.33  a gross misdemeanor. 
  8.34     (b) A person is guilty of an enhanced gross misdemeanor a 
  8.35  felony and may be sentenced to imprisonment in a local 
  8.36  correctional facility for not more than two years or to payment 
  9.1   of a fine of not more than $3,000, or both, if the person 
  9.2   violates subdivision 1 and the person's driver's license or 
  9.3   driving privilege has been suspended, revoked, canceled, denied, 
  9.4   or disqualified two or more times within the past ten years 
  9.5   under any of the statutes listed in subdivision 1.  A person 
  9.6   convicted of an enhanced gross misdemeanor a felony under this 
  9.7   paragraph is subject to the applicable mandatory penalties 
  9.8   provided in section 169.121, subdivision 3d 3e.  Felony 
  9.9   violations of this section are not subject to the sentencing 
  9.10  guidelines. 
  9.11     Sec. 5.  [241.2775] [CAMP RIPLEY WORK PROGRAM FOR REPEAT 
  9.12  DWI OFFENDERS.] 
  9.13     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner of 
  9.14  corrections shall establish a work program at Camp Ripley.  The 
  9.15  program must serve repeat driving-while-impaired (DWI) offenders 
  9.16  who are ordered to complete the program by courts under section 
  9.17  169.121, subdivision 3e. 
  9.18     Subd. 2.  [PROGRAM DESCRIBED.] The program must require 
  9.19  offenders to perform physical labor for at least eight hours a 
  9.20  day either at the facility or in other locations in the 
  9.21  surrounding area and may include a chemical dependency treatment 
  9.22  component.  If the program includes chemical dependency 
  9.23  treatment, this treatment may be offered at the Camp Ripley 
  9.24  facility or the Brainerd regional human services center. 
  9.25     Subd. 3.  [PROGRAM GUIDELINES.] The commissioner shall 
  9.26  develop guidelines for the operation of the work program.  These 
  9.27  guidelines must, at a minimum, address the nature and location 
  9.28  of the physical labor required and the nature, extent, and 
  9.29  location of the chemical dependency treatment programming 
  9.30  offered, if any. 
  9.31     Subd. 4.  [STATUS OF OFFENDER.] An offender sentenced to 
  9.32  the work program is not committed to the commissioner of 
  9.33  corrections.  Instead, the offender is under the continuing 
  9.34  jurisdiction of the sentencing court.  Offenders sentenced to 
  9.35  the work program are not considered incarcerated for purposes of 
  9.36  computing good time or credit for time served.  
 10.1      Subd. 5.  [LENGTH OF STAY.] An offender sentenced by a 
 10.2   court to the work program must serve a minimum of one year 
 10.3   unless the offender is terminated from the program and remanded 
 10.4   to the custody of the sentencing court as provided in 
 10.5   subdivision 7.  The offender may be required to remain at the 
 10.6   program beyond the minimum sentence for any period up to two 
 10.7   years if the offender violates disciplinary rules.  An offender 
 10.8   whose program completion occurs on a Saturday, Sunday, or 
 10.9   holiday must be allowed to return to the community on the last 
 10.10  day before the completion date that is not a Saturday, Sunday, 
 10.11  or holiday.  If the offender's stay in the program was extended 
 10.12  due to a violation of the disciplinary rules and the offender's 
 10.13  day of completion is a Saturday, Sunday, or holiday, the 
 10.14  offender must not be allowed to return to the community until 
 10.15  the day following that is not a Saturday, Sunday, or holiday.  
 10.16     Subd. 6.  [FURLOUGHS.] The commissioner may furlough an 
 10.17  offender for up to three days in the event of the death of a 
 10.18  family member or spouse.  If the commissioner determines that 
 10.19  the offender requires serious and immediate medical attention, 
 10.20  the commissioner may grant furloughs of up to three days to 
 10.21  provide appropriate health care. 
 10.22     Subd. 7.  [SANCTIONS.] The commissioner shall ensure that 
 10.23  severe and meaningful sanctions are imposed for violations of 
 10.24  the conditions of the work program.  The commissioner may 
 10.25  require that an offender be removed from the program and 
 10.26  remanded to the custody of the sentencing court if the offender: 
 10.27     (1) commits a material violation of or repeatedly fails to 
 10.28  follow the rules of the program; 
 10.29     (2) commits any misdemeanor, gross misdemeanor, or felony 
 10.30  offense; or 
 10.31     (3) presents a risk to the public, based on the offender's 
 10.32  behavior, attitude, or abuse of alcohol or controlled substances.
 10.33     Subd. 8.  [DISCIPLINARY RULES.] By January 1, 2000, the 
 10.34  commissioner shall develop disciplinary rules applicable to the 
 10.35  work program, a violation of which may result in extending an 
 10.36  offender's stay at the program for any period of time up to two 
 11.1   years.  These rules may address violations of program rules, 
 11.2   refusal to work, refusal to participate in any required 
 11.3   programming, and other matters determined by the commissioner.  
 11.4   Extending an offender's stay is considered a disciplinary 
 11.5   sanction imposed upon the offender, and the procedure for 
 11.6   imposing the extension and the rights of the offender in the 
 11.7   procedure must be those in effect for the imposition of other 
 11.8   disciplinary sanctions at state correctional institutions. 
 11.9      Subd. 9.  [COSTS OF PROGRAM.] (a) Except as provided in 
 11.10  paragraphs (b) and (c), the commissioner of corrections is 
 11.11  responsible for all costs associated with the placement of 
 11.12  offenders in the program, including, but not limited to, the 
 11.13  full cost of transporting offenders to and from the program. 
 11.14     (b) The commissioner of human services is responsible for 
 11.15  all costs associated with chemical dependency treatment, if such 
 11.16  treatment is offered at the program. 
 11.17     (c) Costs of medical care must be paid according to section 
 11.18  3.739. 
 11.19     Subd. 10.  [REPORT.] By January 15, 2002, the commissioner 
 11.20  shall report to the chairs and ranking minority members of the 
 11.21  senate and house of representatives committees and divisions 
 11.22  having jurisdiction over criminal justice and human services 
 11.23  policy and funding on this program.  The report must contain 
 11.24  information on the recidivism rates for offenders sentenced to 
 11.25  the program. 
 11.26     Sec. 6.  Minnesota Statutes 1998, section 244.20, is 
 11.27  amended to read: 
 11.28     244.20 [PROBATION SUPERVISION.] 
 11.29     Notwithstanding sections 244.19, subdivision 1, and 
 11.30  609.135, subdivision 1, and except for persons convicted of a 
 11.31  felony violation of section 169.121 or 169.129, the department 
 11.32  of corrections shall have exclusive responsibility for providing 
 11.33  probation services for adult felons in counties that do not take 
 11.34  part in the Community Corrections Act.  In counties that do not 
 11.35  take part in the Community Corrections Act, the responsibility 
 11.36  for providing probation services for individuals convicted of 
 12.1   gross misdemeanor offenses and of felony violations of sections 
 12.2   169.121 and 169.129 shall be discharged according to local 
 12.3   judicial policy. 
 12.4      Sec. 7.  Minnesota Statutes 1998, section 388.051, 
 12.5   subdivision 1, is amended to read: 
 12.6      Subdivision 1.  [GENERAL PROVISIONS.] The county attorney 
 12.7   shall:  
 12.8      (a) Appear in all cases in which the county is a party; 
 12.9      (b) Give opinions and advice, upon the request of the 
 12.10  county board or any county officer, upon all matters in which 
 12.11  the county is or may be interested, or in relation to the 
 12.12  official duties of the board or officer; 
 12.13     (c) Except as otherwise provided in section 169.121 or 
 12.14  169.129, prosecute felonies, including the drawing of 
 12.15  indictments found by the grand jury, and, to the extent 
 12.16  prescribed by law, gross misdemeanors, misdemeanors, petty 
 12.17  misdemeanors, and violations of municipal ordinances, charter 
 12.18  provisions and rules or regulations; 
 12.19     (d) Attend before the grand jury, give them legal advice 
 12.20  and examine witnesses in their presence; 
 12.21     (e) Request the court administrator to issue subpoenas to 
 12.22  bring witnesses before the grand jury or any judge or judicial 
 12.23  officer before whom the county attorney is conducting a criminal 
 12.24  hearing; 
 12.25     (f) Attend any inquest at the request of the coroner; and 
 12.26     (g) Appear, when requested by the attorney general, for the 
 12.27  state in any case instituted by the attorney general in the 
 12.28  county attorney's county or before the United States land office 
 12.29  in case of application to preempt or locate any public lands 
 12.30  claimed by the state and assist in the preparation and trial.  
 12.31     Sec. 8.  Minnesota Statutes 1998, section 609.02, 
 12.32  subdivision 2, is amended to read: 
 12.33     Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
 12.34  enhanced gross misdemeanor, for which a sentence of imprisonment 
 12.35  for more than one year may be imposed. 
 12.36     Sec. 9.  Minnesota Statutes 1998, section 609.105, 
 13.1   subdivision 3, is amended to read: 
 13.2      Subd. 3.  A sentence to imprisonment for an enhanced gross 
 13.3   misdemeanor a felony violation of section 169.121 or 169.129, or 
 13.4   for a period of one year or any lesser period shall be to a 
 13.5   workhouse, work farm, county jail, or other place authorized by 
 13.6   law.  
 13.7      Sec. 10.  Minnesota Statutes 1998, section 609.135, 
 13.8   subdivision 2, is amended to read: 
 13.9      Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) Except as 
 13.10  otherwise provided in paragraph (b), if the conviction is for a 
 13.11  felony the stay shall be for not more than four years or the 
 13.12  maximum period for which the sentence of imprisonment might have 
 13.13  been imposed, whichever is longer. 
 13.14     (b) If the conviction is for an enhanced gross misdemeanor 
 13.15  a felony violation of section 169.121 or 169.129, the stay shall 
 13.16  be for not more than six years.  The court shall provide for 
 13.17  unsupervised probation for the last year of the stay unless the 
 13.18  court finds that the defendant needs supervised probation for 
 13.19  all or part of the last year. 
 13.20     (c) If the conviction is for a gross misdemeanor violation 
 13.21  of section 169.121 or 169.129, the stay shall be for not more 
 13.22  than four years.  The court shall provide for unsupervised 
 13.23  probation for the last year of the stay unless the court finds 
 13.24  that the defendant needs supervised probation for all or part of 
 13.25  the last year. 
 13.26     (d) If the conviction is for a gross misdemeanor not 
 13.27  specified in paragraph (c), the stay shall be for not more than 
 13.28  two years. 
 13.29     (e) If the conviction is for any misdemeanor under section 
 13.30  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 13.31  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 13.32  which the victim of the crime was a family or household member 
 13.33  as defined in section 518B.01, the stay shall be for not more 
 13.34  than two years.  The court shall provide for unsupervised 
 13.35  probation for the second year of the stay unless the court finds 
 13.36  that the defendant needs supervised probation for all or part of 
 14.1   the second year. 
 14.2      (f) If the conviction is for a misdemeanor not specified in 
 14.3   paragraph (e), the stay shall be for not more than one year.  
 14.4      (g) The defendant shall be discharged six months after the 
 14.5   term of the stay expires, unless the stay has been revoked or 
 14.6   extended under paragraph (h), or the defendant has already been 
 14.7   discharged. 
 14.8      (h) Notwithstanding the maximum periods specified for stays 
 14.9   of sentences under paragraphs (a) to (g), a court may extend a 
 14.10  defendant's term of probation for up to one year if it finds, at 
 14.11  a hearing conducted under subdivision 1a, that: 
 14.12     (1) the defendant has not paid court-ordered restitution or 
 14.13  a fine in accordance with the payment schedule or structure; and 
 14.14     (2) the defendant is likely to not pay the restitution or 
 14.15  fine the defendant owes before the term of probation expires.  
 14.16  This one-year extension of probation for failure to pay 
 14.17  restitution or a fine may be extended by the court for up to one 
 14.18  additional year if the court finds, at another hearing conducted 
 14.19  under subdivision 1a, that the defendant still has not paid the 
 14.20  court-ordered restitution or fine that the defendant owes. 
 14.21     (i) Notwithstanding the maximum periods specified for stays 
 14.22  of sentences under paragraphs (a) to (g), a court may extend a 
 14.23  defendant's term of probation for up to three years if it finds, 
 14.24  at a hearing conducted under subdivision 1c, that: 
 14.25     (1) the defendant has failed to complete court-ordered 
 14.26  treatment successfully; and 
 14.27     (2) the defendant is likely not to complete court-ordered 
 14.28  treatment before the term of probation expires. 
 14.29     Sec. 11.  [APPROPRIATION.] 
 14.30     $....... for the fiscal year ending June 30, 2000, and 
 14.31  $....... for the fiscal year ending June 30, 2001, is 
 14.32  appropriated from the general fund to the commissioner of 
 14.33  corrections to operate the work program described in Minnesota 
 14.34  Statutes, section 241.2775, and to make necessary renovations to 
 14.35  buildings at the Camp Ripley facility. 
 14.36     Sec. 12.  [REPEALER.] 
 15.1      (a) Minnesota Statutes 1998, sections 241.277; and 609.113, 
 15.2   are repealed. 
 15.3      (b) Minnesota Statutes 1998, section 609.02, subdivision 
 15.4   2a, is repealed. 
 15.5      Sec. 13.  [EFFECTIVE DATE.] 
 15.6      Sections 1 to 11 and 12, paragraph (b), are effective 
 15.7   January 1, 2000, and apply to crimes committed on or after that 
 15.8   date.  Section 12, paragraph (a), is effective the day following 
 15.9   final enactment.  However, the adult work program described in 
 15.10  Minnesota Statutes, section 241.277, shall continue to operate 
 15.11  until all offenders at the program on the day following final 
 15.12  enactment have completed it.