SF 3820

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

  1.1                          A bill for an act 
  1.2             relating to crimes; authorizing imposition of the 
  1.3             death penalty for committing first degree murder by 
  1.4             causing death of a human being while committing 
  1.5             criminal sexual conduct in the first or second degree 
  1.6             with force or violence under aggravating 
  1.7             circumstances; providing a statutory framework, 
  1.8             including procedures and criteria, consistent with due 
  1.9             process for determining when the imposition of the 
  1.10            death penalty is appropriate; providing for automatic 
  1.11            appellate review of death penalty cases; providing an 
  1.12            administrative framework for implementing the death 
  1.13            penalty; amending Minnesota Statutes 1998, sections 
  1.14            243.05, subdivision 1; 609.10, subdivision 1; 609.12, 
  1.15            subdivision 1; 609.135, subdivision 1; and 609.185; 
  1.16            proposing coding for new law as Minnesota Statutes, 
  1.17            chapter 244A. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19                             ARTICLE 1
  1.20                           DEATH PENALTY 
  1.21     Section 1.  [244A.01] [REQUIRING NOTICE BY STATE IN DEATH 
  1.22  PENALTY CASES.] 
  1.23     If the state intends to seek the death penalty for an 
  1.24  offense punishable by death, the prosecuting attorney shall sign 
  1.25  and file with the court, and serve upon the defendant, a notice 
  1.26  that the state will seek the sentence of death in the event of 
  1.27  conviction.  The notice must be filed and served within a 
  1.28  reasonable time before trial or acceptance by the court of a 
  1.29  plea of guilty.  If the prosecuting attorney does not comply 
  1.30  with the notice requirements of this section, the court may not 
  1.31  impose the death penalty under section 244A.04.  
  2.1      Sec. 2.  [244A.02] [APPOINTMENT OF ATTORNEYS IN CAPITAL 
  2.2   CASES.] 
  2.3      Upon notification under section 244A.01 that the 
  2.4   prosecuting attorney intends to seek the death penalty, the 
  2.5   court shall order the appointment of two attorneys to counsel 
  2.6   the defendant, at least one of whom has had significant criminal 
  2.7   defense experience, unless the court is satisfied that the 
  2.8   defendant has retained a competent attorney.  If the defendant 
  2.9   is not represented by an attorney and is not able to afford one, 
  2.10  the court shall order the appropriate district public defender 
  2.11  to assign two public defenders.  If the defendant is convicted 
  2.12  and sentenced to death, the state public defender shall 
  2.13  represent the defendant during the appeal process. 
  2.14     Sec. 3.  [244A.03] [SENTENCE OF DEATH FOR MURDER IN CERTAIN 
  2.15  CASES; SENTENCING PROCEEDINGS.] 
  2.16     Subdivision 1.  [EXCLUDING DEATH SENTENCE.] When a 
  2.17  defendant is found guilty of violating section 609.185, clause 
  2.18  (2), the court may impose a sentence other than that of death if 
  2.19  it is satisfied that:  
  2.20     (1) substantial mitigating circumstances, established by 
  2.21  the evidence at the trial, call for leniency; 
  2.22     (2) the defendant, with the consent of the prosecuting 
  2.23  attorney and the approval of the court, pleaded guilty to murder 
  2.24  with life imprisonment or a lesser sentence as the maximum term; 
  2.25     (3) the defendant was under 18 years of age at the time of 
  2.26  the commission of the crime; 
  2.27     (4) the defendant's physical or mental condition calls for 
  2.28  leniency; or 
  2.29     (5) although the evidence is sufficient to sustain the 
  2.30  verdict, it does not foreclose all doubt about the defendant's 
  2.31  guilt. 
  2.32     Subd. 2.  [SEPARATE SENTENCING PROCEEDING TO DETERMINE IF 
  2.33  DEATH PENALTY WARRANTED.] (a) If a defendant is convicted of 
  2.34  violating section 609.185, clause (2), the court shall conduct a 
  2.35  separate proceeding to determine whether the defendant should be 
  2.36  sentenced to death or to a sentence other than death as required 
  3.1   by law, unless the court imposes a sentence under subdivision 
  3.2   1.  The proceeding must be conducted before the court alone if 
  3.3   the defendant was convicted by a court sitting without a jury, 
  3.4   if the defendant pleaded guilty, or if the prosecuting attorney 
  3.5   and the defendant waive a jury with respect to sentencing.  In 
  3.6   other cases it must be conducted before the court sitting with 
  3.7   the jury that determined the defendant's guilt or, if the court 
  3.8   for good cause shown discharges that jury, with a new jury 
  3.9   impaneled for the purpose. 
  3.10     (b) In the proceeding, evidence may be presented about any 
  3.11  matter that the court considers relevant to sentence, including 
  3.12  the nature and circumstances of the crime, the defendant's 
  3.13  character, background, history, mental and physical condition, 
  3.14  any aggravating circumstances, and any of the mitigating 
  3.15  circumstances listed in subdivision 3.  Any evidence relevant to 
  3.16  the sentence, not legally privileged, that the court considers 
  3.17  to have probative force, may be received, regardless of its 
  3.18  admissibility under the exclusionary rules of evidence.  The 
  3.19  defendant's counsel must be given a fair opportunity to rebut 
  3.20  the evidence.  The prosecuting attorney and the defendant or 
  3.21  defendant's counsel must be permitted to present arguments for 
  3.22  or against a sentence of death.  
  3.23     Subd. 3.  [MITIGATING CIRCUMSTANCES.] "Mitigating 
  3.24  circumstances" include:  
  3.25     (1) the defendant has no significant history of prior 
  3.26  criminal activity; 
  3.27     (2) the murder was committed while the defendant was under 
  3.28  extreme mental or emotional disturbance, although not 
  3.29  sufficiently impaired as to constitute a defense to prosecution; 
  3.30     (3) the victim was a participant in the defendant's 
  3.31  homicidal conduct; 
  3.32     (4) at the time of the offense, the capacity of the 
  3.33  offender to appreciate the criminality of the conduct or to 
  3.34  conform that conduct to law was impaired as a result of mental 
  3.35  disease or defect or intoxication; or 
  3.36     (5) any other relevant mitigating circumstance. 
  4.1      Sec. 4.  [244A.04] [IMPOSITION OF DEATH SENTENCE; MODE OF 
  4.2   EXECUTION.] 
  4.3      Subdivision 1.  [DECISION.] (a) The court has discretion to 
  4.4   determine whether a sentence of death will be imposed, except 
  4.5   that when the proceeding is conducted before the court sitting 
  4.6   with a jury, the court may not impose a sentence of death unless 
  4.7   (1) it submits to the jury the issue whether the defendant 
  4.8   should be sentenced to death or to imprisonment, and (2) the 
  4.9   jury returns a verdict that the sentence should be death.  If 
  4.10  the jury is unable to reach a unanimous verdict, the court shall 
  4.11  dismiss the jury and impose a sentence other than death as 
  4.12  required by law.  
  4.13     (b) The court, in exercising its discretion as to sentence, 
  4.14  and the jury, in determining its verdict, shall take into 
  4.15  account any aggravating circumstances, the mitigating 
  4.16  circumstances listed in section 244.03, subdivision 3, and any 
  4.17  other facts that the court or jury considers relevant, but the 
  4.18  court or jury may not impose or recommend a sentence of death 
  4.19  unless the court or jury unanimously finds that there are no 
  4.20  mitigating circumstances sufficiently substantial to call for 
  4.21  leniency.  
  4.22     (c) The burden of establishing the existence of a 
  4.23  mitigating circumstance is on the defendant and is not satisfied 
  4.24  unless established by a preponderance of the evidence. 
  4.25     (d) If the issue is submitted to the jury, the court shall 
  4.26  instruct the jury on the requirements of this subdivision.  At 
  4.27  that time, the court shall also inform the jury of the nature of 
  4.28  the sentence of imprisonment that may be imposed if the jury 
  4.29  verdict is against a sentence of death, including the 
  4.30  implications of the sentence for possible supervised release.  
  4.31  The court shall instruct the jury about the mitigating 
  4.32  circumstances listed in section 244A.03 and about what may be 
  4.33  considered an aggravating circumstance.  The court may provide 
  4.34  the jury with a list of the mitigating circumstances about which 
  4.35  the jury is instructed. 
  4.36     Subd. 2.  [IMPOSITION.] (a) If the proceeding is conducted 
  5.1   without a jury, the court shall sentence the defendant to death 
  5.2   when it finds that there are no mitigating circumstances 
  5.3   sufficiently substantial to call for leniency.  
  5.4      (b) When the proceeding is conducted before a jury, the 
  5.5   court shall sentence the defendant to death when the jury 
  5.6   unanimously:  
  5.7      (1) finds that there are no mitigating circumstances 
  5.8   sufficiently substantial to call for leniency; and 
  5.9      (2) recommends that the sentence of death be imposed.  
  5.10     (c) When the jury does not recommend a sentence of death, 
  5.11  the court shall sentence the defendant to imprisonment as 
  5.12  provided by law.  
  5.13     Subd. 3.  [SENTENCE OF DEATH PRECLUDED.] A sentence of 
  5.14  death may not be carried out upon a person who is under 18 years 
  5.15  of age at the time the crime was committed.  A sentence of death 
  5.16  may not be carried out upon a person who, by reason of a mental 
  5.17  disease or defect, is unable to understand the impending death 
  5.18  or the reasons for it.  A sentence of death may not be carried 
  5.19  out upon a person who is pregnant.  
  5.20     Subd. 4.  [EXECUTION BY LETHAL INJECTION.] When the court 
  5.21  sentences a defendant to death under subdivision 2, the order of 
  5.22  execution must be carried out by administration of a continuous, 
  5.23  intravenous injection of a lethal quantity of an 
  5.24  ultra-fast-acting barbiturate in combination with a chemical 
  5.25  paralytic agent until a licensed physician pronounces that the 
  5.26  defendant is dead according to accepted standards of medical 
  5.27  practice.  The execution by lethal injection must be performed 
  5.28  by a person selected by the chief executive officer of the 
  5.29  maximum security facility at which the execution will take place 
  5.30  and trained to administer the injection.  The person 
  5.31  administering the injection need not be a physician, registered 
  5.32  nurse, or licensed practical nurse licensed or registered under 
  5.33  the laws of this or another state.  
  5.34     Sec. 5.  [244A.05] [SENTENCING COURT; ADMINISTRATIVE 
  5.35  REQUIREMENTS.] 
  5.36     Subdivision 1.  [DATE OF EXECUTION.] In pronouncing a 
  6.1   sentence of death, the court shall set the date of execution not 
  6.2   less than 60 days nor more than 90 days from the date the 
  6.3   sentence is pronounced.  If execution has been stayed by a court 
  6.4   and the date set for execution has passed before dissolution of 
  6.5   the stay, the court in which the defendant was previously 
  6.6   sentenced shall, upon dissolution of the stay, set a new date of 
  6.7   execution not less than five nor more than 90 days from the day 
  6.8   the date is set.  The defendant is entitled to be present in 
  6.9   court on the day the new date of execution is set. 
  6.10     Subd. 2.  [COPIES OF ORDER OF EXECUTION.] When a person is 
  6.11  sentenced to death, the court administrator shall prepare 
  6.12  certified copies of the judgment and order of execution and send 
  6.13  these documents to the governor, defendant, defendant's counsel, 
  6.14  attorney general, chief justice of the supreme court, state 
  6.15  court administrator, and the state public defender's office 
  6.16  within five business days following entrance of the order of 
  6.17  execution. 
  6.18     Subd. 3.  [DELIVERY OF DEFENDANT TO MAXIMUM SECURITY 
  6.19  FACILITY.] Pending execution of a sentence of death, the sheriff 
  6.20  or other chief law enforcement officer who has custody of the 
  6.21  defendant may deliver the defendant to the maximum security 
  6.22  facility designated by the commissioner of corrections to be the 
  6.23  place where the execution is to be held.  The state shall bear 
  6.24  the costs of imprisoning the defendant from the date of delivery.
  6.25     Sec. 6.  [244A.06] [REVIEW OF DEATH SENTENCES BY SUPREME 
  6.26  COURT.] 
  6.27     Subdivision 1.  [AUTOMATIC REVIEW.] The judgment of 
  6.28  conviction and a sentence of death are subject to automatic 
  6.29  review by the supreme court within 60 days after certification 
  6.30  by the sentencing court of the entire record, unless the supreme 
  6.31  court extends the time, for good cause shown, for an additional 
  6.32  period not to exceed 30 days.  The review by the supreme court 
  6.33  has priority over all other cases and must be heard in 
  6.34  accordance with rules adopted by the supreme court. 
  6.35     Subd. 2.  [TRANSCRIPT.] The court administrator, within ten 
  6.36  days after receiving the transcript, shall transmit the entire 
  7.1   record and transcript to the supreme court together with a 
  7.2   notice prepared by the administrator and a report prepared by 
  7.3   the trial judge.  The notice must set forth the title and docket 
  7.4   number of the case, the name of the defendant, the name and 
  7.5   address of the defendant's attorney, a narrative statement of 
  7.6   the judgment, the offense, and the punishment prescribed.  The 
  7.7   report must be in the form of a standard questionnaire prepared 
  7.8   and supplied by the supreme court. 
  7.9      Subd. 3.  [REVIEW GUIDELINES.] Each sentence of death must 
  7.10  be reviewed by the supreme court to determine if it is 
  7.11  excessive.  In determining whether the sentence is excessive, 
  7.12  the supreme court shall determine whether the sentence:  
  7.13     (1) was imposed under the influence of passion, prejudice, 
  7.14  or other arbitrary factors; and 
  7.15     (2) is disproportionate to the penalty imposed in similar 
  7.16  cases, considering both the crime and the defendant.  
  7.17     Subd. 4.  [BRIEFS.] Both the defendant and the state have 
  7.18  the right to submit briefs within the time provided by the court 
  7.19  and to present oral argument to the court.  
  7.20     Subd. 5.  [DECISION.] The supreme court shall:  
  7.21     (1) affirm the sentence of death; or 
  7.22     (2) set the sentence aside and remand the case for 
  7.23  resentencing by the trial judge based on the record and argument 
  7.24  of counsel.  
  7.25     Subd. 6.  [NOTICE TO GOVERNOR.] Within five business days 
  7.26  after reaching a decision under subdivision 5, the supreme court 
  7.27  shall notify the governor whether the death sentence has been 
  7.28  affirmed or set aside. 
  7.29     Sec. 7.  [244A.07] [UNIFIED REVIEW PROCEDURE.] 
  7.30     Subdivision 1.  [PROCEDURE.] The supreme court shall 
  7.31  establish by rule a unified review procedure to provide for the 
  7.32  presentation to the sentencing court and to the supreme court of 
  7.33  all possible challenges to the trial, conviction, sentence, and 
  7.34  detention of defendants upon whom the sentence of death has been 
  7.35  or may be imposed.  The unified review procedure governs both 
  7.36  pretrial and posttrial appellate review of death penalty cases. 
  8.1      Subd. 2.  [CHECKLISTS.] The supreme court shall establish 
  8.2   by rule a series of checklists to be used by the trial court, 
  8.3   the prosecuting attorney, and defense counsel before, during, 
  8.4   and after the trial of cases in which the death penalty is 
  8.5   sought to make certain that all possible matters that could be 
  8.6   raised in defense have been considered by the defendant and 
  8.7   defense counsel and either asserted in a timely and correct 
  8.8   manner or waived in accordance with applicable legal 
  8.9   requirements, so that, for purposes of any pretrial review and 
  8.10  the trial and posttrial review, the record and transcript of 
  8.11  proceedings will be complete for a review by the sentencing 
  8.12  court and the supreme court of all possible challenges to the 
  8.13  trial, conviction, sentence, and detention of the defendant.  
  8.14     Subd. 3.  [WRIT OF HABEAS CORPUS.] Nothing in this section 
  8.15  or in the rules of the supreme court limits or restricts the 
  8.16  grounds of review or suspends the rights or remedies available 
  8.17  through the procedures governing the writ of habeas corpus. 
  8.18     Sec. 8.  [244A.08] [STAY OF EXECUTION OF DEATH.] 
  8.19     Subdivision 1.  [GOVERNOR OR APPEAL.] The execution of a 
  8.20  death sentence may be stayed only by the governor or incident to 
  8.21  an appeal.  
  8.22     Subd. 2.  [PROCEEDINGS WHEN INMATE UNDER SENTENCE OF DEATH 
  8.23  APPEARS TO BE MENTALLY ILL OR PREGNANT.] If the governor is 
  8.24  informed that an inmate under sentence of death may be mentally 
  8.25  ill or pregnant, the governor shall stay execution of the 
  8.26  sentence and require the sentencing court to order a mental or 
  8.27  physical examination of the inmate, as appropriate. 
  8.28     Subd. 3.  [EXAMINATION AND HEARING.] (a) If the court 
  8.29  orders a mental examination of the inmate, it shall appoint at 
  8.30  least one qualified psychiatrist, clinical psychologist, or 
  8.31  physician experienced in the field of mental illness to examine 
  8.32  the defendant and report on the defendant's mental condition.  
  8.33  If the inmate or prosecution has retained a qualified 
  8.34  psychiatrist, clinical psychologist, or physician experienced in 
  8.35  the field of mental illness, the court on request of the inmate 
  8.36  or prosecuting attorney shall direct that the psychiatrist, 
  9.1   clinical psychologist, or physician be permitted to observe the 
  9.2   mental examination and to conduct a mental examination of the 
  9.3   inmate.  
  9.4      (b) At the conclusion of the examination, the examiner 
  9.5   shall submit a written report to the court and send copies to 
  9.6   the prosecuting attorney and defense attorney.  The report must 
  9.7   contain a diagnosis of the inmate's mental condition and whether 
  9.8   the inmate has the mental capacity to understand the nature of 
  9.9   the death penalty and the reasons why it was imposed.  
  9.10     (c) If the court orders a physical examination, it shall 
  9.11  appoint a qualified physician to examine the inmate and report 
  9.12  on whether the inmate is pregnant.  
  9.13     (d) The hearing shall be scheduled so that the parties have 
  9.14  adequate time to prepare and present arguments regarding the 
  9.15  issue of mental illness or pregnancy.  The parties may submit 
  9.16  written arguments to the court before the date of the hearing 
  9.17  and may make oral arguments before the court at the sentencing 
  9.18  hearing.  Before the hearing, the court shall send to the 
  9.19  defendant or the defendant's attorney and the prosecuting 
  9.20  attorney copies of the mental or physical examination. 
  9.21     Subd. 4.  [MENTAL ILLNESS.] (a) If mental illness is the 
  9.22  issue and the court decides that the inmate has the mental 
  9.23  capacity to understand the nature of the death penalty and why 
  9.24  it was imposed, the court shall so inform the governor.  The 
  9.25  governor shall issue a warrant to the chief executive officer of 
  9.26  the maximum security facility where the execution is to be held 
  9.27  directing the officer to execute the sentence at a time 
  9.28  designated in the warrant. 
  9.29     (b) If the court decides that the inmate does not have the 
  9.30  mental capacity to understand the nature of the death penalty 
  9.31  and why it was imposed, the court shall so inform the governor.  
  9.32  The governor shall have the inmate committed to the St. Peter 
  9.33  Regional Treatment Center.  
  9.34     (c) A person under sentence of death who has been committed 
  9.35  to the St. Peter Regional Treatment Center shall be kept there 
  9.36  until the proper official of the hospital determines that the 
 10.1   person has been restored to mental health.  The hospital 
 10.2   official shall then notify the governor of the official's 
 10.3   determination, and the governor shall request the sentencing 
 10.4   court to proceed as provided in this section.  
 10.5      Subd. 5.  [PREGNANCY.] (a) If the court determines that the 
 10.6   inmate is not pregnant, the court shall so inform the governor.  
 10.7   The governor shall issue a warrant to the chief executive 
 10.8   officer of the maximum security facility where the execution is 
 10.9   to be held directing the chief executive officer to execute the 
 10.10  sentence at a time designated in the warrant.  
 10.11     (b) If the court determines that the inmate is pregnant, 
 10.12  the court shall so inform the governor.  The governor shall stay 
 10.13  execution of sentence during the pregnancy. 
 10.14     (c) If the court determines that an inmate whose execution 
 10.15  has been stayed because of pregnancy is no longer pregnant, the 
 10.16  court shall so inform the governor.  The governor shall issue a 
 10.17  warrant to the chief executive officer directing the chief 
 10.18  executive officer to execute the sentence at a time designated 
 10.19  in the warrant.  
 10.20     Subd. 6.  [FEE.] The court shall allow a reasonable fee to 
 10.21  the physician appointed under this section that must be paid by 
 10.22  the state.  
 10.23     Sec. 9.  [244A.09] [GOVERNOR'S DUTIES; ISSUANCE OF DEATH 
 10.24  WARRANT.] 
 10.25     When notified by the supreme court under section 244A.06 
 10.26  that a death sentence has been upheld, the governor shall issue 
 10.27  a death warrant, attach it to a copy of the record, including 
 10.28  the trial court's order of execution and the supreme court's 
 10.29  affirming opinion, and send it to the chief executive officer of 
 10.30  the maximum security facility where the inmate under sentence of 
 10.31  death is being held.  The warrant must direct that officer to 
 10.32  execute the sentence at a time designated in the warrant.  When 
 10.33  notified by the supreme court under section 244A.06 that a death 
 10.34  sentence has been set aside, the governor shall order the 
 10.35  commissioner of corrections to remove the inmate under sentence 
 10.36  of death from the unit where inmates under sentence of death are 
 11.1   confined and reassign the inmate consistent with the supreme 
 11.2   court's opinion.  
 11.3      Sec. 10.  [244A.10] [COMMISSIONER OF CORRECTIONS; DUTIES; 
 11.4   DESIGNATION OF PLACE OF EXECUTION.] 
 11.5      Subdivision 1.  [MAXIMUM SECURITY FACILITIES.] The 
 11.6   commissioner of corrections shall designate one or more maximum 
 11.7   security facilities at which executions of inmates under death 
 11.8   sentence will take place.  In each maximum security facility 
 11.9   designated as a place where executions will take place, the 
 11.10  commissioner shall establish and maintain a unit for the 
 11.11  segregated confinement of inmates under sentence of death.  
 11.12     Subd. 2.  [PLACE OF EXECUTION.] The chief executive officer 
 11.13  of a maximum security facility where executions will take place 
 11.14  shall provide a suitable and efficient room or place in which 
 11.15  executions will be carried out, enclosed from public view, and 
 11.16  all implements necessary to executions.  The chief executive 
 11.17  officer shall select the person to perform executions and the 
 11.18  chief executive officer or the officer's designee shall 
 11.19  supervise the execution.  
 11.20     Subd. 3.  [EXECUTIONER'S IDENTITY; PRIVATE DATA.] 
 11.21  Information relating to the identity and compensation of the 
 11.22  executioner is private data as defined in section 13.02, 
 11.23  subdivision 12.  The chief executive officer of the maximum 
 11.24  security facility is not required to record the name of an 
 11.25  individual acting as an executioner or any information that 
 11.26  could identify that individual.  
 11.27     Subd. 4.  [REGULATION OF EXECUTION.] The chief executive 
 11.28  officer of the maximum security facility holding an execution or 
 11.29  a deputy designated by that officer must be present at the 
 11.30  execution.  The chief executive officer shall set the day for 
 11.31  execution within the week designated by the governor in the 
 11.32  warrant.  
 11.33     Subd. 5.  [WITNESS TO EXECUTION.] Twelve citizens selected 
 11.34  by the chief executive officer must witness the execution.  The 
 11.35  chief executive officer shall select six representatives of the 
 11.36  news media to witness the execution.  Counsel for the inmate 
 12.1   under sentence of death and members of the clergy requested by 
 12.2   the inmate may be present at the execution.  All other persons, 
 12.3   except correctional facility officers and the executioner, must 
 12.4   be excluded during the execution. 
 12.5      Subd. 6.  [READING DEATH WARRANT.] The warrant authorizing 
 12.6   the execution must be read to the convicted person immediately 
 12.7   before death.  
 12.8      Subd. 7.  [RETURN OF WARRANT OF EXECUTION ISSUED BY 
 12.9   GOVERNOR.] After the death sentence has been executed, the chief 
 12.10  executive officer of the maximum security facility where the 
 12.11  execution took place shall return to the governor the warrant 
 12.12  and a signed statement of the execution.  The chief executive 
 12.13  officer shall file an attested copy of the warrant and statement 
 12.14  with the court administrator that imposed the sentence.  
 12.15     Subd. 8.  [SENTENCE OF DEATH UNEXECUTED FOR UNJUSTIFIABLE 
 12.16  REASONS.] If a death sentence is not executed because of 
 12.17  unjustified failure of the governor to issue a warrant or for 
 12.18  any other unjustifiable reason, on application of the attorney 
 12.19  general, the supreme court shall issue a warrant directing the 
 12.20  sentence to be executed during a week designated in the warrant. 
 12.21     Subd. 9.  [RETURN OF WARRANT OF EXECUTION ISSUED BY SUPREME 
 12.22  COURT.] After the sentence has been executed under a warrant 
 12.23  issued by the supreme court, the chief executive officer shall 
 12.24  return to the supreme court the warrant and a signed statement 
 12.25  of the execution.  The chief executive officer shall file an 
 12.26  attested copy of the warrant and statement with the court 
 12.27  administrator that imposed the sentence.  The chief executive 
 12.28  officer shall send to the governor an attested copy of the 
 12.29  warrant and statement. 
 12.30     Sec. 11.  [244A.11] [COSTS OF EXECUTION; REIMBURSEMENT; 
 12.31  ATTORNEY GENERAL ASSISTANCE.] 
 12.32     Subdivision 1.  [COSTS.] The state shall reimburse a county 
 12.33  for all costs incurred for prosecution of a case involving the 
 12.34  death penalty if the crimes for which the defendant is on trial 
 12.35  occurred in that county.  In a case involving the death penalty, 
 12.36  if crimes for which the defendant is on trial occurred in more 
 13.1   than one county, the state shall reimburse the county 
 13.2   prosecuting the case for one-half of all costs incurred for 
 13.3   prosecution. 
 13.4      Subd. 2.  [ATTORNEY GENERAL ASSISTANCE.] The attorney 
 13.5   general shall assist in the prosecution of cases involving the 
 13.6   death penalty if requested to do so by the county prosecuting 
 13.7   attorney. 
 13.8      Sec. 12.  [EFFECTIVE DATE.] 
 13.9      Sections 1 to 11 are effective January 1, 2001, and apply 
 13.10  to crimes committed on or after that date. 
 13.11                             ARTICLE 2 
 13.12                        TECHNICAL AMENDMENTS 
 13.13     Section 1.  Minnesota Statutes 1998, section 243.05, 
 13.14  subdivision 1, is amended to read: 
 13.15     Subdivision 1.  [CONDITIONAL RELEASE.] (a) Except for a 
 13.16  person sentenced to death under section 244A.04, the 
 13.17  commissioner of corrections may parole any person sentenced to 
 13.18  confinement in any state correctional facility for adults under 
 13.19  the control of the commissioner of corrections, provided that:  
 13.20     (1) no inmate serving a life sentence for committing murder 
 13.21  before May 1, 1980, other than murder committed in violation of 
 13.22  clause (1) of section 609.185 who has not been previously 
 13.23  convicted of a felony shall be paroled without having served 20 
 13.24  years, less the diminution that would have been allowed for good 
 13.25  conduct had the sentence been for 20 years; 
 13.26     (2) no inmate serving a life sentence for committing murder 
 13.27  before May 1, 1980, who has been previously convicted of a 
 13.28  felony or though not previously convicted of a felony is serving 
 13.29  a life sentence for murder in the first degree committed in 
 13.30  violation of clause (1) of section 609.185 shall be paroled 
 13.31  without having served 25 years, less the diminution which would 
 13.32  have been allowed for good conduct had the sentence been for 25 
 13.33  years; 
 13.34     (3) any inmate sentenced prior to September 1, 1963, who 
 13.35  would be eligible for parole had the inmate been sentenced after 
 13.36  September 1, 1963, shall be eligible for parole; and 
 14.1      (4) any new rule or policy or change of rule or policy 
 14.2   adopted by the commissioner of corrections which has the effect 
 14.3   of postponing eligibility for parole has prospective effect only 
 14.4   and applies only with respect to persons committing offenses 
 14.5   after the effective date of the new rule or policy or change.  
 14.6      (b) Upon being paroled and released, an inmate is and 
 14.7   remains in the legal custody and under the control of the 
 14.8   commissioner, subject at any time to be returned to a facility 
 14.9   of the department of corrections established by law for the 
 14.10  confinement or treatment of convicted persons and the parole 
 14.11  rescinded by the commissioner.  
 14.12     (c) The written order of the commissioner of corrections, 
 14.13  is sufficient authority for any peace officer, state 
 14.14  correctional investigator, or state parole and probation agent 
 14.15  to retake and place in actual custody any person on parole or 
 14.16  supervised release.  In addition, when it appears necessary in 
 14.17  order to prevent escape or enforce discipline, any state parole 
 14.18  and probation agent or state correctional investigator may, 
 14.19  without order of warrant, take and detain a parolee or person on 
 14.20  supervised release or work release and bring the person to the 
 14.21  commissioner for action.  
 14.22     (d) The written order of the commissioner of corrections is 
 14.23  sufficient authority for any peace officer, state correctional 
 14.24  investigator, or state parole and probation agent to retake and 
 14.25  place in actual custody any person on probation under the 
 14.26  supervision of the commissioner pursuant to section 609.135.  
 14.27  Additionally, when it appears necessary in order to prevent 
 14.28  escape or enforce discipline, any state parole and probation 
 14.29  agent or state correctional investigator may, without an order, 
 14.30  retake and detain a probationer and bring the probationer before 
 14.31  the court for further proceedings under section 609.14.  
 14.32     (e) The written order of the commissioner of corrections is 
 14.33  sufficient authority for any peace officer, state correctional 
 14.34  investigator, or state parole and probation agent to detain any 
 14.35  person on pretrial release who absconds from pretrial release or 
 14.36  fails to abide by the conditions of pretrial release.  
 15.1      (f) Persons conditionally released, and those on probation 
 15.2   under the supervision of the commissioner of corrections 
 15.3   pursuant to section 609.135 may be placed within or outside the 
 15.4   boundaries of the state at the discretion of the commissioner of 
 15.5   corrections or the court, and the limits fixed for these persons 
 15.6   may be enlarged or reduced according to their conduct. 
 15.7      (g) Except as otherwise provided in subdivision 1b, in 
 15.8   considering applications for conditional release or discharge, 
 15.9   the commissioner is not required to hear oral argument from any 
 15.10  attorney or other person not connected with an adult 
 15.11  correctional facility of the department of corrections in favor 
 15.12  of or against the parole or release of any inmates.  The 
 15.13  commissioner may institute inquiries by correspondence, taking 
 15.14  testimony, or otherwise, as to the previous history, physical or 
 15.15  mental condition, and character of the inmate and, to that end, 
 15.16  has the authority to require the attendance of the chief 
 15.17  executive officer of any state adult correctional facility and 
 15.18  the production of the records of these facilities, and to compel 
 15.19  the attendance of witnesses.  The commissioner is authorized to 
 15.20  administer oaths to witnesses for these purposes. 
 15.21     (h) Unless the district court directs otherwise, state 
 15.22  parole and probation agents may require a person who is under 
 15.23  the supervision of the commissioner of corrections to perform 
 15.24  community work service for violating a condition of probation 
 15.25  imposed by the court.  Community work service may be imposed for 
 15.26  the purpose of protecting the public, to aid the offender's 
 15.27  rehabilitation, or both.  Agents may impose up to eight hours of 
 15.28  community work service for each violation and up to a total of 
 15.29  24 hours per offender per 12-month period, beginning with the 
 15.30  date on which community work service is first imposed.  The 
 15.31  commissioner may authorize an additional 40 hours of community 
 15.32  work services, for a total of 64 hours per offender per 12-month 
 15.33  period, beginning with the date on which community work service 
 15.34  is first imposed.  At the time community work service is 
 15.35  imposed, parole and probation agents are required to provide 
 15.36  written notice to the offender that states: 
 16.1      (1) the condition of probation that has been violated; 
 16.2      (2) the number of hours of community work service imposed 
 16.3   for the violation; and 
 16.4      (3) the total number of hours of community work service 
 16.5   imposed to date in the 12-month period. 
 16.6      An offender may challenge the imposition of community work 
 16.7   service by filing a petition in district court.  An offender 
 16.8   must file the petition within five days of receiving written 
 16.9   notice that community work service is being imposed.  If the 
 16.10  offender challenges the imposition of community work service, 
 16.11  the state bears the burden of showing, by a preponderance of the 
 16.12  evidence, that the imposition of community work service is 
 16.13  reasonable under the circumstances.  
 16.14     Community work service includes sentencing to service.  
 16.15     Sec. 2.  Minnesota Statutes 1998, section 609.10, 
 16.16  subdivision 1, is amended to read: 
 16.17     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
 16.18  felony and compliance with the other provisions of this 
 16.19  chapter and chapter 244A the court, if it imposes sentence, may 
 16.20  sentence the defendant to the extent authorized by law as 
 16.21  follows: 
 16.22     (1) to death; or 
 16.23     (2) to life imprisonment; or 
 16.24     (2) (3) to imprisonment for a fixed term of years set by 
 16.25  the court; or 
 16.26     (3) (4) to both imprisonment for a fixed term of years and 
 16.27  payment of a fine; or 
 16.28     (4) (5) to payment of a fine without imprisonment or to 
 16.29  imprisonment for a fixed term of years if the fine is not paid; 
 16.30  or 
 16.31     (5) (6) to payment of court-ordered restitution in addition 
 16.32  to either imprisonment or payment of a fine, or both; or 
 16.33     (6) (7) to payment of a local correctional fee as 
 16.34  authorized under section 609.102 in addition to any other 
 16.35  sentence imposed by the court. 
 16.36     Sec. 3.  Minnesota Statutes 1998, section 609.12, 
 17.1   subdivision 1, is amended to read: 
 17.2      Subdivision 1.  [DISCHARGE.] A person sentenced to the 
 17.3   commissioner of corrections for imprisonment for a period less 
 17.4   than life may be paroled or discharged at any time without 
 17.5   regard to length of the term of imprisonment which the sentence 
 17.6   imposes when in the judgment of the commissioner of corrections, 
 17.7   and under the conditions the commissioner imposes, the granting 
 17.8   of parole or discharge would be most conducive to rehabilitation 
 17.9   and would be in the public interest.  A person sentenced to 
 17.10  death is not eligible for supervised release or discharge at any 
 17.11  time.  
 17.12     Sec. 4.  Minnesota Statutes 1998, section 609.135, 
 17.13  subdivision 1, is amended to read: 
 17.14     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 17.15  sentence of death has been imposed under chapter 244A, a life 
 17.16  imprisonment sentence is required by law, or when a mandatory 
 17.17  minimum sentence is required by section 609.11, any court may 
 17.18  stay imposition or execution of sentence and: 
 17.19     (1) may order intermediate sanctions without placing the 
 17.20  defendant on probation; or 
 17.21     (2) may place the defendant on probation with or without 
 17.22  supervision and on the terms the court prescribes, including 
 17.23  intermediate sanctions when practicable.  The court may order 
 17.24  the supervision to be under the probation officer of the court, 
 17.25  or, if there is none and the conviction is for a felony or gross 
 17.26  misdemeanor, by the commissioner of corrections, or in any case 
 17.27  by some other suitable and consenting person.  Unless the court 
 17.28  directs otherwise, state parole and probation agents and 
 17.29  probation officers may impose community work service for an 
 17.30  offender's probation violation, consistent with section 243.05, 
 17.31  subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5. 
 17.32     No intermediate sanction may be ordered performed at a 
 17.33  location that fails to observe applicable requirements or 
 17.34  standards of chapter 181A or 182, or any rule promulgated under 
 17.35  them.  
 17.36     (b) For purposes of this subdivision, subdivision 6, and 
 18.1   section 609.14, the term "intermediate sanctions" includes but 
 18.2   is not limited to incarceration in a local jail or workhouse, 
 18.3   home detention, electronic monitoring, intensive probation, 
 18.4   sentencing to service, reporting to a day reporting center, 
 18.5   chemical dependency or mental health treatment or counseling, 
 18.6   restitution, fines, day-fines, community work service, work 
 18.7   service in a restorative justice program, work in lieu of or to 
 18.8   work off fines and, with the victim's consent, work in lieu of 
 18.9   or to work off restitution.  
 18.10     (c) A court may not stay the revocation of the driver's 
 18.11  license of a person convicted of violating the provisions of 
 18.12  section 169.121. 
 18.13     Sec. 5.  Minnesota Statutes 1998, section 609.185, is 
 18.14  amended to read: 
 18.15     609.185 [MURDER IN THE FIRST DEGREE.] 
 18.16     Whoever does any of the following is guilty of murder in 
 18.17  the first degree and, except for a violation of clause (2), 
 18.18  resulting in a death sentence by lethal injection under section 
 18.19  244A.04, shall be sentenced to imprisonment for life: 
 18.20     (1) causes the death of a human being with premeditation 
 18.21  and with intent to effect the death of the person or of another; 
 18.22     (2) causes the death of a human being while committing or 
 18.23  attempting to commit criminal sexual conduct in the first or 
 18.24  second degree with force or violence, either upon or affecting 
 18.25  the person or another; 
 18.26     (3) causes the death of a human being with intent to effect 
 18.27  the death of the person or another, while committing or 
 18.28  attempting to commit burglary, aggravated robbery, kidnapping, 
 18.29  arson in the first or second degree, a drive-by shooting, 
 18.30  tampering with a witness in the first degree, escape from 
 18.31  custody, or any felony violation of chapter 152 involving the 
 18.32  unlawful sale of a controlled substance; 
 18.33     (4) causes the death of a peace officer or a guard employed 
 18.34  at a Minnesota state or local correctional facility, with intent 
 18.35  to effect the death of that person or another, while the peace 
 18.36  officer or guard is engaged in the performance of official 
 19.1   duties; 
 19.2      (5) causes the death of a minor while committing child 
 19.3   abuse, when the perpetrator has engaged in a past pattern of 
 19.4   child abuse upon the child and the death occurs under 
 19.5   circumstances manifesting an extreme indifference to human life; 
 19.6   or 
 19.7      (6) causes the death of a human being while committing 
 19.8   domestic abuse, when the perpetrator has engaged in a past 
 19.9   pattern of domestic abuse upon the victim and the death occurs 
 19.10  under circumstances manifesting an extreme indifference to human 
 19.11  life. 
 19.12     For purposes of clause (5), "child abuse" means an act 
 19.13  committed against a minor victim that constitutes a violation of 
 19.14  the following laws of this state or any similar laws of the 
 19.15  United States or any other state:  section 609.221; 609.222; 
 19.16  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
 19.17  609.377; 609.378; or 609.713. 
 19.18     For purposes of clause (6), "domestic abuse" means an act 
 19.19  that: 
 19.20     (1) constitutes a violation of section 609.221, 609.222, 
 19.21  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 19.22  609.713, or any similar laws of the United States or any other 
 19.23  state; and 
 19.24     (2) is committed against the victim who is a family or 
 19.25  household member as defined in section 518B.01, subdivision 2, 
 19.26  paragraph (b). 
 19.27     Sec. 6.  [EFFECTIVE DATE.] 
 19.28     Sections 1 to 5 are effective January 1, 2001, and apply to 
 19.29  crimes committed on or after that date.