Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 258-S.F.No. 526 
           An act relating to crime; sentencing; clarifying and 
          revising the intensive community supervision program; 
          providing for the composition of the sentencing 
          guidelines commission; amending Minnesota Statutes 
          1990, sections 244.05, subdivision 6; 244.09, 
          subdivision 2; 244.12; 244.13; 244.14; and 244.15. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 244.05, 
subdivision 6, is amended to read: 
    Subd. 6.  [INTENSIVE COMMUNITY SUPERVISION SUPERVISED 
RELEASE.] The commissioner may order that an inmate be placed on 
intensive community supervision, as described in sections 244.14 
and 244.15, supervised release for all or part of the inmate's 
supervised release or parole term if the commissioner determines 
that the action will further the goals described in section 
244.14, subdivision 1, clauses (2), (3), and (4).  The 
commissioner may impose appropriate conditions of release on the 
inmate including but not limited to unannounced searches of the 
inmate's person, vehicle, or premises by an intensive 
supervision agent; compliance with court-ordered restitution, if 
any; random drug testing; house arrest; daily curfews; frequent 
face-to-face contacts with an assigned intensive supervision 
agent; work, education, or treatment requirements; and 
electronic surveillance.  If the inmate violates the conditions 
of the intensive community supervision supervised release, the 
commissioner shall impose sanctions as provided in subdivision 3 
and section 244.14. 
    Sec. 2.  Minnesota Statutes 1990, section 244.12, is 
amended to read: 
    244.12 [INTENSIVE COMMUNITY SUPERVISION.] 
    Subdivision 1.  [GENERALLY.] The commissioner may order 
that an inmate be placed on intensive community supervision, as 
described in sections 244.14 and 244.15, for all or part of the 
inmate's supervised release term.  Additionally, The 
commissioner may order that an offender who meets the 
eligibility requirements of subdivisions 2 and 3 be placed on 
intensive community supervision, as described in sections 244.14 
and 244.15, for all or part of the offender's prison sentence if 
the offender agrees to participate in the program and if the 
sentencing court approves in writing of the offender's 
participation in the program.  
    Subd. 2.  [ELIGIBILITY.] The commissioner must limit the 
intensive community supervision program to the following persons:
    (1) inmates who are serving a supervised release term; 
    (2) offenders who are committed to the commissioner's 
custody following revocation of a stayed sentence; and 
    (3) (2) offenders who are committed to the commissioner's 
custody for a prison sentence of 27 months or less, who did not 
receive a dispositional departure under the sentence sentencing 
guidelines, and who have already served a period of 
incarceration as a result of the offense for which they are 
committed. 
    Subd. 3.  [OFFENDERS NOT ELIGIBLE.] The following are not 
eligible to be placed on intensive community supervision, under 
subdivision 2, clause (3) (2): 
    (1) offenders who were committed to the commissioner's 
custody under a statutory mandatory minimum sentence; 
    (2) offenders who were committed to the commissioner's 
custody following a conviction for murder, manslaughter, 
criminal sexual conduct in the first or second degree, or 
criminal vehicular homicide or operation resulting in death; and 
    (3) offenders whose presence in the community would present 
a danger to public safety. 
    Sec. 3.  Minnesota Statutes 1990, section 244.13, is 
amended to read: 
    244.13 [INTENSIVE COMMUNITY SUPERVISION AND INTENSIVE 
SUPERVISED RELEASE; ESTABLISHMENT OF PROGRAMS.] 
    Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
corrections shall establish programs for those designated by the 
commissioner to serve all or part of a prison sentence or a 
supervised release term on intensive community supervision or 
all or part of a supervised release or parole term on intensive 
supervised release.  The adoption and modification of policies 
and procedures to implement sections 244.05, subdivision 6, and 
244.12 to 244.15 are not subject to the rulemaking procedures of 
chapter 14.  The commissioner shall locate the programs so that 
at least one-half of the money appropriated for the programs in 
each year is used for programs in community corrections act 
counties.  In awarding contracts for intensive supervision 
programs in community corrections act counties, the commissioner 
shall give first priority to programs that utilize county 
employees as intensive supervision agents and shall give second 
priority to programs that utilize state employees as intensive 
supervision agents.  The commissioner may award contracts to 
other providers in community corrections act counties only if 
doing so will result in a significant cost savings or a 
significant increase in the quality of services provided, and 
only after notifying the chairs of the judiciary committees in 
the senate and house of representatives. 
    Subd. 2.  [TRAINING.] The commissioner shall develop 
specialized training programs for probation officers intensive 
supervision agents assigned to the intensive community 
supervision program and intensive supervised release programs.  
The probation officer agent caseload shall not exceed the ratio 
of 30 offenders to two probation officers intensive supervision 
agents.  An intensive supervision agent must have qualifications 
comparable to those for a state corrections agent. 
    Subd. 3.  [EVALUATION.] The commissioner shall develop a 
system for gathering and analyzing information concerning the 
value and effectiveness of the intensive community supervision 
and intensive supervised release programs and shall compile a 
report to the chairs of the senate and house judiciary 
committees by January 1 of each odd-numbered year. 
     Subd. 4.  [DEFINITION.] For purposes of section 244.05, 
subdivision 6, and sections 244.12 to 244.15, "intensive 
supervision agent" means a probation officer, a corrections 
agent, or any other qualified person employed in supervising 
offenders serving a period of intensive community supervision or 
intensive supervised release. 
    Sec. 4.  Minnesota Statutes 1990, section 244.14, is 
amended to read: 
    244.14 [INTENSIVE COMMUNITY SUPERVISION; BASIC ELEMENTS.] 
    Subdivision 1.  [REQUIREMENTS.] This section governs the 
intensive community supervision programs established under 
section 244.13.  The commissioner shall operate the programs in 
conformance with this section.  The commissioner shall 
administer the programs to further the following goals: 
    (1) to punish the offender; 
    (2) to protect the safety of the public; 
    (3) to facilitate employment of the offender during the 
intensive community supervision and afterward; and 
    (4) to require the payment of restitution ordered by the 
court to compensate the victims of the offender's crime. 
    Subd. 2.  [GOOD TIME NOT AVAILABLE.] An offender serving 
a prison sentence on intensive community supervision does not 
earn good time, notwithstanding section 244.04. 
    Subd. 3.  [SANCTIONS.] The commissioner shall impose severe 
and meaningful sanctions for violating the conditions of an 
intensive community supervision program.  The commissioner shall 
provide for revocation of intensive community supervision of an 
offender who:  
    (1) commits a material violation of or repeatedly fails to 
follow the rules of the program; 
    (2) commits any misdemeanor, gross misdemeanor, or felony 
offense; or 
    (3) presents a risk to the public, based on the offender's 
behavior, attitude, or abuse of alcohol or controlled substances.
The revocation of intensive community supervision is governed by 
the procedures in the commissioner's rules adopted under section 
244.05, subdivision 2. 
    An offender whose intensive community supervision is 
revoked shall be imprisoned for a time period equal to the 
offender's original term of imprisonment, but in no case for 
longer than the time remaining in the offender's sentence.  
"Original term of imprisonment" means a time period equal to 
two-thirds of the prison sentence originally executed by the 
sentencing court, minus jail credit, if any.  
    Subd. 4.  [ALL PHASES.] Throughout all phases of an 
intensive community supervision program, the offender shall 
submit at any time to an unannounced search of the offender's 
person, vehicle, or premises by a probation officer an intensive 
supervision agent.  If the offender received a restitution order 
as part of the sentence, the offender shall make weekly payments 
as scheduled by the probation officer agent until the full 
amount is paid. 
    Sec. 5.  Minnesota Statutes 1990, section 244.15, is 
amended to read: 
    244.15 [INTENSIVE COMMUNITY SUPERVISION; PHASES I TO IV.] 
    Subdivision 1.  [DURATION.] Phase I of an intensive 
community supervision program is six months, or one-half the 
presumptive imprisonment sentence under the sentencing 
guidelines time remaining in the offender's original term of 
imprisonment, whichever is less.  Phase II lasts for at 
least four months one-third of the time remaining in the 
offender's original term of imprisonment at the beginning of 
Phase II.  Phase III lasts for at least two months one-third of 
the time remaining in the offender's original term of 
imprisonment at the beginning of Phase III.  Phase IV 
continues indefinitely until the commissioner determines that 
the offender has successfully completed the program or until the 
offender's sentence, minus jail credit, expires, whichever 
occurs first.  If an offender successfully completes the 
intensive community supervision program before the offender's 
sentence expires, the offender shall be placed on supervised 
release for the remainder of the sentence. 
    Subd. 2.  [RANDOM DRUG TESTING.] (a) During phase I, the 
offender will be subjected at least weekly to weekly urinalysis 
and breath tests to detect the presence of controlled substances 
or alcohol.  The tests will be random and unannounced. 
    (b) During phase II, the tests will be done at least twice 
monthly. 
    (c) During phases III and IV, the tests will be done at 
random at the frequency determined by the probation officer 
intensive supervision agent. 
    Subd. 3.  [HOUSE ARREST.] (a) During phase I, the offender 
will be under house arrest in a residence approved by the 
offender's probation officer intensive supervision agent and may 
not move to another residence without permission.  "House 
arrest" means that the offender's movements will be severely 
restricted and continually monitored by the assigned probation 
officer agent. 
    (b) During phase II, modified house arrest is imposed. 
    (c) During phases III and IV, the offender is subjected to 
a daily curfew instead of house arrest. 
    Subd. 4.  [FACE-TO-FACE CONTACTS.] (a) During phase I, the 
assigned probation officer intensive supervision agent shall 
have at least four face-to-face contacts with the offender each 
week.  
    (b) During phase II, two face-to-face contacts a week are 
required. 
    (c) During phase III, one face-to-face contact a week is 
required. 
    (d) During phase IV, two face-to-face contacts a month are 
required. 
    Subd. 5.  [WORK REQUIRED.] During phases I, II, III, and 
IV, the offender must spend at least 40 hours a week performing 
approved work, undertaking constructive activity designed to 
obtain employment, or attending a treatment or education program 
as directed by the commissioner.  An offender may not spend more 
than six months in a residential treatment program that does not 
require the offender to spend at least 40 hours a week 
performing approved work or undertaking constructive activity 
designed to obtain employment. 
    Subd. 6.  [ELECTRONIC SURVEILLANCE.] During any phase, the 
offender may be placed on electronic surveillance if the 
probation officer intensive supervision agent so directs. 
    Subd. 7.  [OTHER REQUIREMENTS.] The commissioner may 
include any other conditions in the various phases of the 
intensive community supervision program that the commissioner 
finds necessary and appropriate. 
     Sec. 6.  Minnesota Statutes 1990, section 244.09, 
subdivision 2, is amended to read: 
    Subd. 2.  The sentencing guidelines commission shall 
consist of the following: 
    (1) the chief justice of the supreme court or a designee; 
    (2) one judge of the court of appeals, appointed by the 
chief justice of the supreme court; 
    (3) one district court judge appointed by the chief justice 
of the supreme court; 
    (4) one public defender appointed by the governor upon 
recommendation of the state public defender; 
    (5) one county attorney appointed by the governor upon 
recommendation of the board of governors directors of the 
Minnesota county attorneys council association; 
    (6) the commissioner of corrections or a designee; 
    (7) one peace officer as defined in section 626.84 
appointed by the governor; 
    (8) one probation officer or parole officer appointed by 
the governor; and 
    (9) three public members appointed by the governor, one of 
whom shall be a victim of a crime defined as a felony. 
    When an appointing authority selects individuals for 
membership on the commission, the authority shall make 
reasonable efforts to appoint qualified members of protected 
groups, as defined in section 43A.02, subdivision 33. 
    One of the members shall be designated by the governor as 
chair of the commission. 
    Sec.  7.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective the day after final enactment.
    Presented to the governor May 28, 1991 
    Signed by the governor May 31, 1991, 5:02 p.m.