Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 497-H.F.No. 1735
           An act relating to crimes; requiring the court to 
          impose a stay of execution of sentence with a 90-day 
          period of incarceration as a condition of probation 
          for certain offenders convicted of a first offense of 
          burglary of a dwelling; amending Minnesota Statutes 
          1983 Supplement, section 609.583. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
609.583, is amended to read: 
    609.583 [SENTENCING; FIRST BURGLARY OF A DWELLING.] 
    In determining an appropriate sentence disposition for a 
first offense of burglary of a dwelling, the court shall presume 
that a stay of execution with a 120 90-day period of 
incarceration as a condition of probation shall be imposed 
unless the defendant's criminal history score determined 
according to the sentencing guidelines indicates a presumptive 
executed sentence, in which case the presumptive executed 
sentence shall be imposed unless the court departs from the 
sentencing guidelines pursuant to section 244.10.  A stay of 
imposition of sentence may be granted only if accompanied by a 
statement on the record of the reasons for it.  The presumptive 
period of incarceration may be waived in whole or in part by the 
court if the defendant provides restitution or performs 
community work service.  
     Sec. 2.  [EFFECTIVE DATE.] 
     Section 1 is effective August 1, 1984 and applies to crimes 
committed on or after that date. 
    Approved April 25, 1984