as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to sentencing; authorizing courts to sentence 1.3 felony offenders to intensive community supervision; 1.4 requiring the sentencing guidelines commission to 1.5 adopt criteria for courts to consider in making this 1.6 sentencing decision; appropriating money for 1.7 additional intensive community supervision programs; 1.8 amending Minnesota Statutes 1994, section 244.09, 1.9 subdivision 5; 244.12; and 244.13, subdivision 1; 1.10 Minnesota Statutes 1995 Supplement, section 609.10; 1.11 proposing coding for new law in Minnesota Statutes, 1.12 chapter 244. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 1994, section 244.09, 1.15 subdivision 5, is amended to read: 1.16 Subd. 5. The commission shall, on or before January 1, 1.17 1980, promulgate sentencing guidelines for the district court. 1.18 The guidelines shall be based on reasonable offense and offender 1.19 characteristics. The guidelines promulgated by the commission 1.20 shall be advisory to the district court and shall establish: 1.21 (1) The circumstances under which imprisonment of an 1.22 offender is proper; and 1.23 (2) A presumptive, fixed sentence for offenders for whom 1.24 imprisonment is proper, based on each appropriate combination of 1.25 reasonable offense and offender characteristics. The guidelines 1.26 may provide for an increase or decrease of up to 15 percent in 1.27 the presumptive, fixed sentence. 1.28 The commission shall, on or before August 1, 1996, develop 1.29 participation criteria for judges to use to determine whether to 2.1 sentence an offender to intensive community supervision. These 2.2 criteria shall be advisory to the sentencing courts and shall be 2.3 included in the sentencing guidelines. 2.4 The sentencing guidelines promulgated by the commission may 2.5 also establish appropriate sanctions for offenders for whom 2.6 imprisonment is not proper. Any guidelines promulgated by the 2.7 commission establishing sanctions for offenders for whom 2.8 imprisonment is not proper shall make specific reference to 2.9 noninstitutional sanctions, including but not limited to the 2.10 following: payment of fines, day fines, restitution, community 2.11 work orders, work release programs in local facilities, 2.12 community based residential and nonresidential programs, 2.13 incarceration in a local correctional facility, and probation 2.14 and the conditions thereof. 2.15 In establishing and modifying the sentencing guidelines, 2.16 the primary consideration of the commission shall be public 2.17 safety. The commission shall also consider current sentencing 2.18 and release practices and correctional resources, including but 2.19 not limited to the capacities of local and state correctional 2.20 facilities. 2.21 The provisions of sections 14.001 to 14.69 do not apply to 2.22 the promulgation of the sentencing guidelines, and the 2.23 sentencing guidelines, including severity levels and criminal 2.24 history scores, are not subject to review by the legislative 2.25 commission to review administrative rules. However, on or 2.26 before January 1, 1986, the commission shall adopt rules 2.27 pursuant to sections 14.001 to 14.69 which establish procedures 2.28 for the promulgation of the sentencing guidelines, including 2.29 procedures for the promulgation of severity levels and criminal 2.30 history scores, and these rules shall be subject to review by 2.31 the legislative commission to review administrative rules. 2.32 Sec. 2. Minnesota Statutes 1994, section 244.12, is 2.33 amended to read: 2.34 244.12 [INTENSIVE COMMUNITY SUPERVISION; OFFENDERS 2.35 SENTENCED FOR CRIMES COMMITTED BEFORE AUGUST 1, 1996.] 2.36 Subdivision 1. [GENERALLY.] The commissioner may order 3.1 that an offender whose crime was committed before August 1, 3.2 1996, and who meets the eligibility requirements of subdivisions 3.3 2 and 3 be placed on intensive community supervision, as 3.4 described in sections 244.14 and 244.15, for all or part of the 3.5 offender's sentence if the offender agrees to participate in the 3.6 program and the commissioner notifies the sentencing court. 3.7 Subd. 2. [ELIGIBILITY.] The commissioner must limit 3.8 the placement of offenders in the intensive community 3.9 supervision program under this section to the following persons: 3.10 (1) offenders who are committed to the commissioner's 3.11 custody following revocation of a stayed sentence; and 3.12 (2) offenders who are committed to the commissioner's 3.13 custody for a sentence of 30 months or less, who did not receive 3.14 a dispositional departure under the sentencing guidelines, and 3.15 who have already served a period of incarceration as a result of 3.16 the offense for which they are committed. 3.17 Subd. 3. [OFFENDERS NOT ELIGIBLE.] The following are not 3.18 eligible to be placed on intensive community supervision, under 3.19 subdivision 2, clause (2): 3.20 (1) offenders who were committed to the commissioner's 3.21 custody under a statutory mandatory minimum sentence; 3.22 (2) offenders who were committed to the commissioner's 3.23 custody following a conviction for murder, manslaughter, 3.24 criminal sexual conduct, or criminal vehicular homicide or 3.25 operation resulting in death; and 3.26 (3) offenders whose presence in the community would present 3.27 a danger to public safety. 3.28 Sec. 3. [244.125] [INTENSIVE COMMUNITY SUPERVISION 3.29 SENTENCE; OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER 3.30 AUGUST 1, 1996.] 3.31 Subdivision 1. [GENERALLY.] A sentencing court may commit 3.32 an offender to the custody of the commissioner of corrections 3.33 and order that the commissioner place the offender on intensive 3.34 community supervision, as described in sections 244.14 and 3.35 244.15, if: 3.36 (1) the offender's crime was committed on or after August 4.1 1, 1996; and 4.2 (2) the offender meets the eligibility requirements of 4.3 subdivisions 2 and 3. 4.4 In making its sentencing decision, the sentencing court shall 4.5 consider whether the offender qualifies to participate in the 4.6 intensive community supervision program under the participation 4.7 criteria outlined in the sentencing guidelines. 4.8 Subd. 2. [ELIGIBILITY.] Only the following types of 4.9 offenders are eligible for an intensive community supervision 4.10 sentence under subdivision 1: 4.11 (1) offenders who are committed to the commissioner's 4.12 custody following revocation of a stayed sentence; and 4.13 (2) offenders who are committed to the commissioner's 4.14 custody for a sentence of 30 months or less and who did not 4.15 receive a dispositional or durational departure under the 4.16 sentencing guidelines. 4.17 Subd. 3. [OFFENDERS NOT ELIGIBLE.] The following are not 4.18 eligible to be sentenced to intensive community supervision 4.19 under subdivision 2, clause (2): 4.20 (1) offenders who are committed to the commissioner's 4.21 custody under a statutory mandatory minimum sentence; 4.22 (2) offenders who are committed to the commissioner's 4.23 custody following a conviction for murder, manslaughter, 4.24 criminal sexual conduct, or criminal vehicular homicide or 4.25 operation resulting in death; and 4.26 (3) offenders whose presence in the community would present 4.27 a danger to public safety. 4.28 Subd. 4. [PLACEMENT IN PROGRAM.] An offender who is 4.29 sentenced to intensive community supervision shall be confined 4.30 in a state correctional facility until the commissioner locates 4.31 and approves of an appropriate community placement. The 4.32 commissioner shall determine in which intensive community 4.33 supervision program the offender shall be placed, but shall make 4.34 reasonable efforts to obtain the consent of the offender and the 4.35 community to the placement if the offender is placed in a 4.36 program outside the offender's county of residence. 5.1 Sec. 4. Minnesota Statutes 1994, section 244.13, 5.2 subdivision 1, is amended to read: 5.3 Subdivision 1. [ESTABLISHMENT.] The commissioner of 5.4 corrections shall establish programs for those designated by the 5.5 commissioner or sentenced by the court to serve all or part of a 5.6 sentence on intensive community supervision or all or part of a 5.7 supervised release or parole term on intensive supervised 5.8 release. The adoption and modification of policies and 5.9 procedures to implement sections 244.05, subdivision 6, and 5.10 244.12 to 244.15 are not subject to the rulemaking procedures of 5.11 chapter 14. The commissioner shall locate the programs so that 5.12 at least one-half of the money appropriated for the programs in 5.13 each year is used for programs in community corrections act 5.14 counties. In awarding contracts for intensive supervision 5.15 programs in community corrections act counties, the commissioner 5.16 shall give first priority to programs that utilize county 5.17 employees as intensive supervision agents and shall give second 5.18 priority to programs that utilize state employees as intensive 5.19 supervision agents. The commissioner may award contracts to 5.20 other providers in community corrections act counties only if 5.21 doing so will result in a significant cost savings or a 5.22 significant increase in the quality of services provided, and 5.23 only after notifying the chairs of the committees in the senate 5.24 and house of representatives with jurisdiction over criminal 5.25 justice policy. 5.26 Sec. 5. Minnesota Statutes 1995 Supplement, section 5.27 609.10, is amended to read: 5.28 609.10 [SENTENCES AVAILABLE.] 5.29 Upon conviction of a felony and compliance with the other 5.30 provisions of this chapter the court, if it imposes sentence, 5.31 may sentence the defendant to the extent authorized by law as 5.32 follows: 5.33 (1) to life imprisonment; or 5.34 (2) to imprisonment for a fixed term of years set by the 5.35 court; or 5.36 (3) to both imprisonment for a fixed term of years and 6.1 payment of a fine; or 6.2 (4) to imprisonment for a fixed term of years, subject to 6.3 placement on intensive community supervision, as described in 6.4 sections 244.14 and 244.15, or to payment of a fine, or both; or 6.5 (5) to payment of a fine without imprisonment or to 6.6 imprisonment for a fixed term of years if the fine is not paid; 6.7 or 6.8
(5)(6) to payment of court-ordered restitution in addition 6.9 to either imprisonment or payment of a fine, or both; or 6.10 (6)(7) to payment of a local correctional fee as 6.11 authorized under section 609.102 in addition to any other 6.12 sentence imposed by the court. 6.13 As used in this section, "restitution" includes: 6.14 (i) payment of compensation to the victim or the victim's 6.15 family; and 6.16 (ii) if the victim is deceased or already has been fully 6.17 compensated, payment of money to a victim assistance program or 6.18 other program directed by the court. 6.19 Sec. 6. [APPROPRIATION.] 6.20 $....... is appropriated from the general fund to the 6.21 commissioner of corrections for the fiscal year ending June 30, 6.22 1997, to increase the availability of intensive community 6.23 supervision programs throughout the state. 6.24 Sec. 7. [EFFECTIVE DATE.] 6.25 Section 1 is effective the day following final enactment. 6.26 Sections 2 to 5 are effective August 1, 1996, and apply to 6.27 crimes committed on or after that date.