SF 2786

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; permitting courts to 
  1.3             extend a sex offender's term of probation if the 
  1.4             offender fails to complete court-ordered sex offender 
  1.5             treatment successfully before probation expires; 
  1.6             amending Minnesota Statutes 1994, section 609.135, by 
  1.7             adding a subdivision; and Minnesota Statutes 1995 
  1.8             Supplement, section 609.135, subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 609.135, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 1c.  [FAILURE TO COMPLETE COURT-ORDERED 
  1.13  TREATMENT.] If the court orders a defendant to undergo sex 
  1.14  offender treatment as a condition of probation and if the 
  1.15  defendant fails to successfully complete treatment at least 60 
  1.16  days before the term of probation expires, the prosecutor or the 
  1.17  defendant's probation officer may ask the court to hold a 
  1.18  hearing to determine whether the conditions of probation should 
  1.19  be changed or probation should be revoked.  The court shall 
  1.20  schedule and hold this hearing and take appropriate action, 
  1.21  including action under subdivision 2, paragraph (h), before the 
  1.22  defendant's term of probation expires. 
  1.23     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  1.24  609.135, subdivision 2, is amended to read: 
  1.25     Subd. 2.  (a) If the conviction is for a felony the stay 
  1.26  shall be for not more than four years or the maximum period for 
  1.27  which the sentence of imprisonment might have been imposed, 
  2.1   whichever is longer. 
  2.2      (b) If the conviction is for a gross misdemeanor violation 
  2.3   of section 169.121 or 169.129, the stay shall be for not more 
  2.4   than four years.  The court shall provide for unsupervised 
  2.5   probation for the last one year of the stay unless the court 
  2.6   finds that the defendant needs supervised probation for all or 
  2.7   part of the last one year. 
  2.8      (c) If the conviction is for a gross misdemeanor not 
  2.9   specified in paragraph (b), the stay shall be for not more than 
  2.10  two years. 
  2.11     (d) If the conviction is for any misdemeanor under section 
  2.12  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
  2.13  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
  2.14  which the victim of the crime was a family or household member 
  2.15  as defined in section 518B.01, the stay shall be for not more 
  2.16  than two years.  The court shall provide for unsupervised 
  2.17  probation for the second year of the stay unless the court finds 
  2.18  that the defendant needs supervised probation for all or part of 
  2.19  the second year. 
  2.20     (e) If the conviction is for a misdemeanor not specified in 
  2.21  paragraph (d), the stay shall be for not more than one year.  
  2.22     (f) The defendant shall be discharged six months after the 
  2.23  term of the stay expires, unless the stay has been revoked or 
  2.24  extended under paragraph (g) or (h), or the defendant has 
  2.25  already been discharged. 
  2.26     (g) Notwithstanding the maximum periods specified for stays 
  2.27  of sentences under paragraphs (a) to (f), a court may extend a 
  2.28  defendant's term of probation for up to one year if it finds, at 
  2.29  a hearing conducted under subdivision 1a, that: 
  2.30     (1) the defendant has not paid court-ordered restitution or 
  2.31  a fine in accordance with the payment schedule or structure; and 
  2.32     (2) the defendant is likely to not pay the restitution or 
  2.33  fine the defendant owes before the term of probation expires.  
  2.34  This one-year extension of probation for failure to pay 
  2.35  restitution or a fine may be extended by the court for up to one 
  2.36  additional year if the court finds, at another hearing conducted 
  3.1   under subdivision 1a, that the defendant still has not paid the 
  3.2   court-ordered restitution or fine that the defendant owes. 
  3.3      (h) Notwithstanding the maximum periods specified for stays 
  3.4   of sentences under paragraphs (a) to (f), a court may extend a 
  3.5   defendant's term of probation for up to three years if it finds, 
  3.6   at a hearing conducted under subdivision 1c, that: 
  3.7      (1) the defendant has failed to complete court-ordered sex 
  3.8   offender treatment successfully; and 
  3.9      (2) the defendant is likely not to complete court-ordered 
  3.10  treatment before the term of probation expires. 
  3.11     Sec. 3.  [EFFECTIVE DATE.] 
  3.12     Sections 1 and 2 are effective August 1, 1996, and apply to 
  3.13  crimes committed on or after that date.