SF 2789

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; requiring a mandatory 
  1.3             minimum sentence on persons convicted of a third 
  1.4             violent crime; requiring a mandatory life sentence for 
  1.5             certain persons convicted of a third sex offense; 
  1.6             requiring lifetime conditional release for certain 
  1.7             persons convicted of a second sex offense; imposing 
  1.8             penalties; amending Minnesota Statutes 1994, sections 
  1.9             244.05, subdivision 4; 609.152, subdivision 2a; and 
  1.10            609.346, subdivisions 2a, 5, and by adding 
  1.11            subdivisions. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 244.05, 
  1.14  subdivision 4, is amended to read: 
  1.15     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  1.16  serving a mandatory life sentence under section 609.184 must or 
  1.17  609.346, subdivision 2c, may not be given supervised or 
  1.18  conditional release under this section.  An inmate serving a 
  1.19  mandatory life sentence under section 609.185, clause (1), (3), 
  1.20  (5), or (6); or 609.346, subdivision 2a, must may not be given 
  1.21  supervised release under this section without having served a 
  1.22  minimum term of 30 years.  An inmate serving a mandatory life 
  1.23  sentence under section 609.385 must may not be given supervised 
  1.24  release under this section without having served a minimum term 
  1.25  of imprisonment of 17 years. 
  1.26     Sec. 2.  Minnesota Statutes 1994, section 609.152, 
  1.27  subdivision 2a, is amended to read: 
  1.28     Subd. 2a.  [DANGEROUS REPEAT OFFENDERS; MANDATORY MINIMUM 
  2.1   SENTENCE.] Unless a longer mandatory minimum sentence is 
  2.2   otherwise required by law, or a longer prison sentence is 
  2.3   presumed under the sentencing guidelines and imposed by the 
  2.4   court, or the court imposes a longer aggravated durational 
  2.5   departure under subdivision 2, a person who is convicted of a 
  2.6   violent crime that is a felony must be committed to the 
  2.7   commissioner of corrections for a mandatory sentence of at least 
  2.8   the length of the presumptive sentence under the sentencing 
  2.9   guidelines a term of imprisonment of not less than 15 years, 
  2.10  notwithstanding the statutory maximum sentence otherwise 
  2.11  applicable to the offense, if the court determines on the record 
  2.12  at the time of sentencing that the person has two or more prior 
  2.13  felony convictions for violent crimes.  The court shall impose 
  2.14  and execute the prison sentence regardless of whether the 
  2.15  guidelines presume an executed prison sentence.  For purposes of 
  2.16  this subdivision, "violent crime" does not include a violation 
  2.17  of section 152.023 or 152.024.  Any person convicted and 
  2.18  sentenced as required by this subdivision is not eligible for 
  2.19  probation, parole, discharge, or work release, until that person 
  2.20  has served the full term of imprisonment as provided by law, 
  2.21  notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, 
  2.22  and 609.135. 
  2.23     Sec. 3.  Minnesota Statutes 1994, section 609.346, 
  2.24  subdivision 2a, is amended to read: 
  2.25     Subd. 2a.  [MANDATORY LIFE SENTENCE FOR CERTAIN 
  2.26  FIRST-DEGREE CRIMINAL SEXUAL CONDUCT CONVICTIONS.] (a) The court 
  2.27  shall sentence a person to imprisonment for life, 
  2.28  notwithstanding the statutory maximum sentence under section 
  2.29  609.342 if: 
  2.30     (1) the person is convicted under section 609.342; and 
  2.31     (2) the court determines on the record at the time of 
  2.32  sentencing that any either of the following circumstances exists:
  2.33     (i) the person has previously been sentenced under section 
  2.34  609.1352; or 
  2.35     (ii) the person has one previous sex offense conviction for 
  2.36  a violation of section 609.342, 609.343, or 609.344 that 
  3.1   occurred before August 1, 1989, for which the person was 
  3.2   sentenced to prison in an upward durational departure from the 
  3.3   sentencing guidelines that resulted in a sentence at least twice 
  3.4   as long as the presumptive sentence; or 
  3.5      (iii) the person has two previous sex offense convictions 
  3.6   under section 609.342, 609.343, or 609.344. 
  3.7      (b) Notwithstanding section 609.342, subdivision 3; and 
  3.8   subdivision 2, the court may not stay imposition of the sentence 
  3.9   required by this subdivision. 
  3.10     Sec. 4.  Minnesota Statutes, section 609.346, is amended by 
  3.11  adding a subdivision to read: 
  3.12     Subd. 2c.  [DANGEROUS REPEAT SEX OFFENDERS; MANDATORY LIFE 
  3.13  WITHOUT RELEASE.] Notwithstanding the statutory maximum sentence 
  3.14  for the offense or any provision of the sentencing guidelines, a 
  3.15  court shall sentence a person convicted of criminal sexual 
  3.16  conduct in the first degree under section 609.342, criminal 
  3.17  sexual conduct in the second degree under section 609.343, 
  3.18  criminal sexual conduct in the third degree under section 
  3.19  609.344, or criminal sexual conduct in the fourth degree under 
  3.20  section 609.345, to life imprisonment without the possibility of 
  3.21  release, if the court determines on the record at the time of 
  3.22  sentencing that the person has two or more prior convictions for 
  3.23  violating section 609.342, 609.343, 609.344, or 609.345. 
  3.24     Sec. 5.  Minnesota Statutes 1994, section 609.346, 
  3.25  subdivision 5, is amended to read: 
  3.26     Subd. 5.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  3.27  Notwithstanding the statutory maximum sentence otherwise 
  3.28  applicable to the offense or any provision of the sentencing 
  3.29  guidelines, when a court sentences a person to prison for a 
  3.30  violation of section 609.342, 609.343, 609.344, or 609.345, the 
  3.31  court shall provide that after the person has completed the 
  3.32  sentence imposed, the commissioner of corrections shall place 
  3.33  the person on conditional release.  If the person was convicted 
  3.34  for a violation of section 609.342, 609.343, 609.344, or 
  3.35  609.345, the person shall be placed on conditional release for 
  3.36  five years, minus the time the person served on supervised 
  4.1   release.  If the person was convicted for a violation of one of 
  4.2   those sections a second or subsequent time, or sentenced under 
  4.3   subdivision 4 to a mandatory departure, the person shall be 
  4.4   placed on conditional release for ten years, minus the time the 
  4.5   person served on supervised release. 
  4.6      (b) The conditions of release may include successful 
  4.7   completion of treatment and aftercare in a program approved by 
  4.8   the commissioner, satisfaction of the release conditions 
  4.9   specified in section 244.05, subdivision 6, and any other 
  4.10  conditions the commissioner considers appropriate.  If the 
  4.11  offender fails to meet any condition of release, the 
  4.12  commissioner may revoke the offender's conditional release and 
  4.13  order that the offender serve the remaining portion of the 
  4.14  conditional release term in prison.  The commissioner shall not 
  4.15  dismiss the offender from supervision before the conditional 
  4.16  release term expires. 
  4.17     Conditional release under this subdivision is governed by 
  4.18  provisions relating to supervised release, except as otherwise 
  4.19  provided in this subdivision, section 244.04, subdivision 1, or 
  4.20  244.05. 
  4.21     (c) The commissioner shall pay the cost of treatment of a 
  4.22  person released under this subdivision.  This section does not 
  4.23  require the commissioner to accept or retain an offender in a 
  4.24  treatment program. 
  4.25     Sec. 6.  Minnesota Statutes 1994, section 609.346, is 
  4.26  amended by adding a subdivision to read: 
  4.27     Subd. 6.  [LIFETIME PROBATION FOR CERTAIN REPEAT SEX 
  4.28  OFFENDERS.] (a) Notwithstanding the statutory maximum sentence 
  4.29  otherwise applicable to the offense or any provision of the 
  4.30  sentencing guidelines, when a court sentences a person convicted 
  4.31  of criminal sexual conduct in the first degree under section 
  4.32  609.342, criminal sexual conduct in the second degree under 
  4.33  section 609.343, criminal sexual conduct in the third degree 
  4.34  under section 609.344, or criminal sexual conduct in the fourth 
  4.35  degree under section 609.345, in addition to any other sentence 
  4.36  authorized by law, the sentencing court shall sentence the 
  5.1   person to lifetime probation, if the court determines on the 
  5.2   record at the time of sentencing that the person has one or more 
  5.3   prior convictions for violating section 609.342, 609.343, 
  5.4   609.344, or 609.345. 
  5.5      (b) Paragraph (a) applies to both persons who are committed 
  5.6   to the commissioner of corrections and persons who are not 
  5.7   committed to the commissioner of corrections. 
  5.8      (c) The court shall have continuing jurisdiction over 
  5.9   persons sentenced to lifetime probation under paragraph (a).  
  5.10  Upon each violation of a term of probation, the court may order 
  5.11  an appropriate sanction, including, but not limited to, 
  5.12  incarcerating the person for a period specified by the court in 
  5.13  a local jail or workhouse, or prison. 
  5.14     (d) A person sentenced to lifetime probation under 
  5.15  paragraph (a) also may be required to serve a supervised release 
  5.16  term under section 244.05.  The court and the commissioner of 
  5.17  corrections shall have concurrent jurisdiction over a person 
  5.18  while the person is serving the supervised release term. 
  5.19     Sec. 7.  [EFFECTIVE DATE.] 
  5.20     Sections 2 to 6 apply to crimes committed on or after 
  5.21  August 1, 1996.