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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 610-S.F.No. 2138 
           An act relating to sentencing; permitting courts to 
          utilize a variety of noninstitutional sanctions as a 
          condition of a stayed sentence and order restitution 
          when sentence is executed; providing a preference for 
          noninstitutional sanctions in certain cases; amending 
          Minnesota Statutes 1982, sections 609.10; 609.125; 
          609.135, by adding a subdivision; 609.14, subdivisions 
          1 and 3; and Minnesota Statutes 1983 Supplement, 
          section 609.135, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1982, section 609.10, is 
amended to read: 
    609.10 [SENTENCES AVAILABLE.] 
    Upon conviction of a felony and compliance with the other 
provisions of this chapter the court, if it imposes sentence, 
may sentence the defendant to the extent authorized by law as 
follows: 
    (1) To life imprisonment; or 
    (2) To imprisonment for a fixed term of years set by the 
court; or 
    (3) To both imprisonment for a fixed term of years and 
payment of a fine; or 
    (4) To payment of a fine without imprisonment or to 
imprisonment for a fixed term of years if the fine is not paid; 
or 
    (5) To payment of court-ordered restitution in addition to 
either imprisonment or payment of a fine, or both. 
     Sec. 2.  Minnesota Statutes 1982, section 609.125, is 
amended to read: 
    609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
    Upon conviction of a misdemeanor or gross misdemeanor the 
court, if sentence is imposed, may, to the extent authorized by 
law, sentence the defendant: 
    (1) To imprisonment for a definite term; or 
    (2) To payment of a fine, or to imprisonment for a 
specified term if the fine is not paid; or 
    (3) To both imprisonment for a definite term and payment of 
a fine; or 
     (4) To payment of court-ordered restitution in addition to 
either imprisonment or payment of a fine, or both.  
    Sec. 3.  Minnesota Statutes 1983 Supplement, section 
609.135, subdivision 1, is amended to read: 
    Subdivision 1.  [TERMS AND CONDITIONS.] Except when a 
sentence of life imprisonment is required by law, or when a 
mandatory minimum term of imprisonment is required by section 
609.11, any court may stay imposition or execution of sentence 
and (a) may order noninstitutional sanctions without placing the 
defendant on probation, or (b) may place the defendant on 
probation with or without supervision and on the terms the court 
prescribes, including restitution noninstitutional sanctions 
when practicable.  The court may order the supervision to be 
under the probation officer of the court, or, if there is none 
and the conviction is for a felony or gross misdemeanor, by the 
commissioner of corrections, or in any case by some other 
suitable and consenting person.  For purposes of this 
subdivision, subdivision 6, and section 609.14, the term 
"noninstitutional sanctions" includes but is not limited to 
restitution, community work service, and work in lieu of or to 
work off fines.  
    A court may not stay the revocation of the driver's license 
of a person convicted of violating the provisions of section 
169.121.  
    Sec. 4.  Minnesota Statutes 1982, section 609.135, is 
amended by adding a subdivision to read: 
    Subd. 6.  [PREFERENCE FOR NONINSTITUTIONAL SANCTIONS.] A 
court staying imposition or execution of a sentence that does 
not include a term of incarceration as a condition of the stay 
shall order noninstitutional sanctions where practicable.  
    Sec. 5.  Minnesota Statutes 1982, section 609.14, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS.] When it appears that the 
defendant has violated any of the conditions of his probation or 
noninstitutional sanction, or has otherwise been guilty of 
misconduct which warrants the imposing or execution of sentence, 
the court may without notice revoke the stay thereof and 
probation and direct that the defendant be taken into immediate 
custody. 
    Sec. 6.  Minnesota Statutes 1982, section 609.14, 
subdivision 3, is amended to read: 
    Subd. 3.  [SENTENCE.] If any of such grounds are found to 
exist the court may: 
    (1) If imposition of sentence was previously stayed, again 
stay sentence or impose sentence and stay the execution thereof, 
and in either event place the defendant on probation or order 
noninstitutional sanctions pursuant to section 609.135, or 
impose sentence and order execution thereof; or 
    (2) If sentence was previously imposed and execution 
thereof stayed, continue such stay and place the defendant on 
probation or order noninstitutional sanctions in accordance with 
the provisions of section 609.135, or order execution of the 
sentence previously imposed. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 3 and 4 apply to sentences imposed or stayed on or 
after August 1, 1984. 
    Approved May 2, 1984