SF 2197

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; requiring that persons 
  1.3             convicted of a second violent felony be sentenced to 
  1.4             life imprisonment and that persons convicted of a 
  1.5             third violent felony be sentenced to life imprisonment 
  1.6             without the possibility of release; providing for 
  1.7             indeterminate sentencing for first-time sex offenders; 
  1.8             providing criminal penalties; amending Minnesota 
  1.9             Statutes 1998, sections 244.05, subdivisions 4 and 5; 
  1.10            609.108, subdivisions 1, 3, and 4; 609.1095, 
  1.11            subdivision 3; 609.342, subdivision 2; 609.343, 
  1.12            subdivision 2; 609.344, subdivision 2; and 609.345, 
  1.13            subdivision 2; proposing coding for new law in 
  1.14            Minnesota Statutes, chapter 609; repealing Minnesota 
  1.15            Statutes 1998, sections 609.109; 609.342, subdivision 
  1.16            3; 609.343, subdivision 3; 609.344, subdivision 3; and 
  1.17            609.345, subdivision 3. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1998, section 244.05, 
  1.20  subdivision 4, is amended to read: 
  1.21     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  1.22  serving a mandatory life sentence under section 609.106 or 
  1.23  609.1095, subdivision 3, paragraph (b), must not be given 
  1.24  supervised release under this section.  An inmate serving a 
  1.25  mandatory life sentence under section 609.1095, subdivision 3, 
  1.26  paragraph (a); 609.185, clause (1), (3), (5), or (6); or 
  1.27  609.109, subdivision 2a, must not be given supervised release 
  1.28  under this section without having served a minimum term of 30 
  1.29  years.  An inmate serving a mandatory life sentence under 
  1.30  section 609.385 must not be given supervised release under this 
  1.31  section without having served a minimum term of imprisonment of 
  2.1   17 years. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 244.05, 
  2.3   subdivision 5, is amended to read: 
  2.4      Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  2.5   commissioner of corrections may, under rules promulgated by the 
  2.6   commissioner, give supervised release to an inmate serving a 
  2.7   mandatory life sentence under section 609.1095, subdivision 3, 
  2.8   paragraph (a); 609.185, clause (1), (3), (5), or (6); 609.109, 
  2.9   subdivision 2a; or 609.385 after the inmate has served the 
  2.10  minimum term of imprisonment specified in subdivision 4. 
  2.11     (b) The commissioner shall require the preparation of a 
  2.12  community investigation report and shall consider the findings 
  2.13  of the report when making a supervised release decision under 
  2.14  this subdivision.  The report shall reflect the sentiment of the 
  2.15  various elements of the community toward the inmate, both at the 
  2.16  time of the offense and at the present time.  The report shall 
  2.17  include the views of the sentencing judge, the prosecutor, any 
  2.18  law enforcement personnel who may have been involved in the 
  2.19  case, and any successors to these individuals who may have 
  2.20  information relevant to the supervised release decision.  The 
  2.21  report shall also include the views of the victim and the 
  2.22  victim's family unless the victim or the victim's family chooses 
  2.23  not to participate. 
  2.24     (c) The commissioner shall make reasonable efforts to 
  2.25  notify the victim, in advance, of the time and place of the 
  2.26  inmate's supervised release review hearing.  The victim has a 
  2.27  right to submit an oral or written statement at the review 
  2.28  hearing.  The statement may summarize the harm suffered by the 
  2.29  victim as a result of the crime and give the victim's 
  2.30  recommendation on whether the inmate should be given supervised 
  2.31  release at this time.  The commissioner must consider the 
  2.32  victim's statement when making the supervised release decision. 
  2.33     (d) As used in this subdivision, "victim" means the 
  2.34  individual who suffered harm as a result of the inmate's crime 
  2.35  or, if the individual is deceased, the deceased's surviving 
  2.36  spouse or next of kin. 
  3.1      Sec. 3.  [609.1075] [INDETERMINATE SENTENCE FOR FIRST-TIME 
  3.2   SEX OFFENDERS.] 
  3.3      Subdivision 1.  [DEFINITION.] As used in this section, "sex 
  3.4   offense" means a violation of section 609.342, 609.343, 609.344, 
  3.5   or 609.345. 
  3.6      Subd. 2.  [INDETERMINATE SENTENCE; MINIMUM AND MAXIMUM TERM 
  3.7   SPECIFIED.] (a) Except as otherwise provided in paragraph (e), 
  3.8   if a person is convicted of a sex offense, the court shall 
  3.9   commit the person to the custody of the commissioner of 
  3.10  corrections.  The court shall specify only a minimum term of 
  3.11  imprisonment, which shall be ten years. 
  3.12     (b) An offender sentenced under paragraph (a) shall serve a 
  3.13  minimum term of imprisonment of ten years and a maximum term of 
  3.14  imprisonment of 60 years.  
  3.15     (c) In addition to the requirements of paragraph (a), the 
  3.16  court shall order that a conditional release term be served 
  3.17  under subdivision 6 upon the person's release from 
  3.18  incarceration.  The duration of the term shall be determined by 
  3.19  subdivision 6. 
  3.20     (d) Notwithstanding section 609.135, the court may not stay 
  3.21  the imposition or execution of the sentence required by this 
  3.22  subdivision.  An offender committed to the custody of the 
  3.23  commissioner of corrections under this section may only be 
  3.24  released from incarceration as provided in this section and 
  3.25  section 244.05, subdivision 8. 
  3.26     (e) If the court determines that a person convicted of a 
  3.27  sex offense has one or more prior felony convictions for violent 
  3.28  crimes as defined in section 609.1095, the court shall sentence 
  3.29  the person as provided in section 609.1095, subdivision 3. 
  3.30     Subd. 3.  [SPECIAL REVIEW BOARD.] A special review board is 
  3.31  established and is governed by section 15.0575, except as 
  3.32  otherwise provided in this subdivision.  The board consists of 
  3.33  the commissioners of corrections and public safety, or their 
  3.34  designees, and three members of the public appointed to 
  3.35  four-year terms by the governor.  The commissioner of 
  3.36  corrections or the commissioner's designee shall serve as the 
  4.1   board's chair.  The board shall meet at the call of the chair.  
  4.2   The board shall hear and consider all petitions for release from 
  4.3   incarceration under subdivision 4, and determine whether to 
  4.4   release the petitioner. 
  4.5      Subd. 4.  [PETITION FOR RELEASE; HEARING.] (a) A person who 
  4.6   has served the minimum period of incarceration to which the 
  4.7   person was sentenced may petition the commissioner of 
  4.8   corrections for release.  The special review board shall hold a 
  4.9   hearing on each petition for release prior to making any 
  4.10  determination.  Within 45 days of the filing of the petition, 
  4.11  the commissioner shall give written notice of the time and place 
  4.12  of the hearing before the special review board to all interested 
  4.13  parties, including the petitioner, the sentencing court, the 
  4.14  county attorney's office that prosecuted the case, and any 
  4.15  victims of the crime who have indicated a desire to be 
  4.16  notified.  The hearing must be held on the record.  Upon the 
  4.17  approval of the board, the petitioner may subpoena witnesses to 
  4.18  appear at the hearing. 
  4.19     (b) If the board votes to release the person from 
  4.20  incarceration, the commissioner shall release the person no 
  4.21  later than 14 days after the board's determination. 
  4.22     (c) If the board rejects the person's petition for release, 
  4.23  it must specify in writing the reasons for the rejection.  The 
  4.24  person may not petition for release again until 24 months have 
  4.25  elapsed since the rejection, unless the board specifies a 
  4.26  shorter time period. 
  4.27     Subd. 5.  [CRITERIA FOR RELEASE.] (a) A person sentenced 
  4.28  under this section shall not be released from incarceration 
  4.29  unless it appears to the satisfaction of at least three of the 
  4.30  five members of the special review board that the person: 
  4.31     (1) is no longer dangerous to the public; 
  4.32     (2) is no longer in need of programming or supervision; and 
  4.33     (3) is capable of making an acceptable adjustment to open 
  4.34  society. 
  4.35     (b) The person seeking release has the burden of showing, 
  4.36  by clear and convincing evidence, that the criteria in paragraph 
  5.1   (a) have been met. 
  5.2      Subd. 6.  [CONDITIONAL RELEASE.] (a) The court shall order 
  5.3   that a person sentenced under this section shall serve, upon 
  5.4   release from incarceration, a conditional release term.  The 
  5.5   term shall be the 60-year maximum term of imprisonment under 
  5.6   this section less the amount of time actually served.  However, 
  5.7   in no event may the term be less than ten years. 
  5.8      (b) Upon a person's release from incarceration, the court 
  5.9   shall hold a hearing to set the conditions of release under this 
  5.10  subdivision.  When ordering conditions, the court shall consider 
  5.11  the recommendations of the commissioner of corrections, the 
  5.12  special review board, and the person's conditional release agent 
  5.13  or probation officer. 
  5.14     (c) The county attorney in the county where the conviction 
  5.15  occurred, the person's conditional release agent or probation 
  5.16  officer, or any other interested party may petition the court 
  5.17  regarding the person's failure to meet any condition of 
  5.18  release.  If the court determines that a person has violated a 
  5.19  condition of release, the court may order an appropriate 
  5.20  sanction, including, but not limited to, incarcerating the 
  5.21  person for a period specified by the court in a local jail, 
  5.22  workhouse, or prison.  The period may be of any duration up to 
  5.23  the remainder of time left in the person's conditional release 
  5.24  term. 
  5.25     Sec. 4.  Minnesota Statutes 1998, section 609.108, 
  5.26  subdivision 1, is amended to read: 
  5.27     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
  5.28  shall commit a person to the commissioner of corrections for a 
  5.29  period of time that is not less than double the presumptive 
  5.30  sentence under the sentencing guidelines and not more than the 
  5.31  statutory maximum, or if the statutory maximum is less than 
  5.32  double the presumptive sentence, for a period of time that is 
  5.33  equal to the statutory maximum, if: 
  5.34     (1) the court is imposing an executed sentence, based on a 
  5.35  sentencing guidelines presumptive imprisonment sentence or a 
  5.36  dispositional departure for aggravating circumstances or a 
  6.1   mandatory minimum sentence, on a person convicted of committing 
  6.2   or attempting to commit a violation of section 609.342, 609.343, 
  6.3   609.344, or 609.345, or on a person convicted of committing or 
  6.4   attempting to commit any other crime listed in subdivision 3 if 
  6.5   it reasonably appears to the court that the crime was motivated 
  6.6   by the offender's sexual impulses or was part of a predatory 
  6.7   pattern of behavior that had criminal sexual conduct as its 
  6.8   goal; 
  6.9      (2) the court finds that the offender is a danger to public 
  6.10  safety; and 
  6.11     (3) the court finds that the offender needs long-term 
  6.12  treatment or supervision beyond the presumptive term of 
  6.13  imprisonment and supervised release.  The finding must be based 
  6.14  on a professional assessment by an examiner experienced in 
  6.15  evaluating sex offenders that concludes that the offender is a 
  6.16  patterned sex offender.  The assessment must contain the facts 
  6.17  upon which the conclusion is based, with reference to the 
  6.18  offense history of the offender or the severity of the current 
  6.19  offense, the social history of the offender, and the results of 
  6.20  an examination of the offender's mental status unless the 
  6.21  offender refuses to be examined.  The conclusion may not be 
  6.22  based on testing alone.  A patterned sex offender is one whose 
  6.23  criminal sexual behavior is so engrained that the risk of 
  6.24  reoffending is great without intensive psychotherapeutic 
  6.25  intervention or other long-term controls. 
  6.26     (b) The court shall consider imposing a sentence under this 
  6.27  section whenever a person is convicted of violating section 
  6.28  609.342 or 609.343. 
  6.29     Sec. 5.  Minnesota Statutes 1998, section 609.108, 
  6.30  subdivision 3, is amended to read: 
  6.31     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
  6.32  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
  6.33  609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 
  6.34  609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 
  6.35  609.561, or 609.582, subdivision 1. 
  6.36     Sec. 6.  Minnesota Statutes 1998, section 609.108, 
  7.1   subdivision 4, is amended to read: 
  7.2      Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court shall base 
  7.3   its finding that the offender is a danger to public safety on 
  7.4   any of the following factors: 
  7.5      (1) the crime involved an aggravating factor that would 
  7.6   justify a durational departure from the presumptive sentence 
  7.7   under the sentencing guidelines; 
  7.8      (2) the offender previously committed or attempted to 
  7.9   commit a predatory crime or a violation of section 609.224 or, 
  7.10  609.2242, 609.342, 609.343, 609.344, or 609.345, including: 
  7.11     (i) an offense committed as a juvenile that would have been 
  7.12  a predatory crime or a violation of section 609.224 or, 
  7.13  609.2242, 609.342, 609.343, 609.344, or 609.345 if committed by 
  7.14  an adult; or 
  7.15     (ii) a violation or attempted violation of a similar law of 
  7.16  any other state or the United States; or 
  7.17     (3) the offender planned or prepared for the crime prior to 
  7.18  its commission. 
  7.19     Sec. 7.  Minnesota Statutes 1998, section 609.1095, 
  7.20  subdivision 3, is amended to read: 
  7.21     Subd. 3.  [MANDATORY LIFE SENTENCE FOR DANGEROUS OFFENDER 
  7.22  WHO COMMITS A SECOND OR THIRD VIOLENT FELONY.] (a) Unless a 
  7.23  longer mandatory minimum sentence is otherwise required by law 
  7.24  or the court imposes a longer aggravated durational departure 
  7.25  under subdivision 2, A person who is convicted of a violent 
  7.26  crime that is a felony must be committed to the commissioner of 
  7.27  corrections for a mandatory sentence of at least the length of 
  7.28  the presumptive sentence under the sentencing 
  7.29  guidelines sentenced to imprisonment for life, notwithstanding 
  7.30  the statutory maximum sentence otherwise applicable to the 
  7.31  offense, if the court determines on the record at the time of 
  7.32  sentencing that the person has two or more a prior felony 
  7.33  convictions conviction for a violent crimes crime.  The 
  7.34  court shall impose and execute the prison sentence regardless of 
  7.35  whether the guidelines presume an executed prison sentence. 
  7.36     (b) A person who is convicted of a violent crime that is a 
  8.1   felony must be sentenced to imprisonment for life without the 
  8.2   possibility of release, notwithstanding the statutory maximum 
  8.3   sentence otherwise applicable to the offense, if the court 
  8.4   determines on the record at the time of sentencing that the 
  8.5   person has two or more prior felony convictions for violent 
  8.6   crimes. 
  8.7      (c) Any person convicted and sentenced as required by this 
  8.8   subdivision is not eligible for probation, parole, discharge, or 
  8.9   work release, until that person has served the full term of 
  8.10  imprisonment imposed by the court, notwithstanding sections 
  8.11  241.26, 242.19, 243.05, 244.04, 609.12, and 
  8.12  609.135.  Notwithstanding section 609.135, the court may not 
  8.13  stay the imposition or execution of this sentence. 
  8.14     (b) (d) For purposes of this subdivision, "violent crime" 
  8.15  does not include a violation of section 152.023 or 152.024. 
  8.16     Sec. 8.  Minnesota Statutes 1998, section 609.342, 
  8.17  subdivision 2, is amended to read: 
  8.18     Subd. 2.  [PENALTY.] Except as otherwise provided in 
  8.19  section 609.109, A person convicted under subdivision 1 may 
  8.20  shall be sentenced to imprisonment for not more than 30 years or 
  8.21  to a payment of a fine of not more than $40,000, or both as 
  8.22  provided in section 609.1075 or 609.1095. 
  8.23     Sec. 9.  Minnesota Statutes 1998, section 609.343, 
  8.24  subdivision 2, is amended to read: 
  8.25     Subd. 2.  [PENALTY.] Except as otherwise provided in 
  8.26  section 609.109, A person convicted under subdivision 1 may 
  8.27  shall be sentenced to imprisonment for not more than 25 years or 
  8.28  to a payment of a fine of not more than $35,000, or both as 
  8.29  provided in section 609.1075 or 609.1095. 
  8.30     Sec. 10.  Minnesota Statutes 1998, section 609.344, 
  8.31  subdivision 2, is amended to read: 
  8.32     Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
  8.33  may shall be sentenced to imprisonment for not more than 15 
  8.34  years or to a payment of a fine of not more than $30,000, or 
  8.35  both as provided in section 609.1075 or 609.1095. 
  8.36     Sec. 11.  Minnesota Statutes 1998, section 609.345, 
  9.1   subdivision 2, is amended to read: 
  9.2      Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
  9.3   may shall be sentenced to imprisonment for not more than ten 
  9.4   years or to a payment of a fine of not more than $20,000, or 
  9.5   both as provided in section 609.1075 or 609.1095. 
  9.6      Sec. 12.  [REPEALER.] 
  9.7      Minnesota Statutes 1998, sections 609.109; 609.342, 
  9.8   subdivision 3; 609.343, subdivision 3; 609.344, subdivision 3; 
  9.9   and 609.345, subdivision 3, are repealed. 
  9.10     Sec. 13.  [EFFECTIVE DATE.] 
  9.11     Sections 1 to 12 are effective August 1, 1999, and apply to 
  9.12  crimes committed on or after that date.  The court shall 
  9.13  consider convictions occurring before August 1, 1999, as 
  9.14  previous convictions when sentencing offenders under section 
  9.15  609.1095, subdivision 3.