1998 Minnesota Statutes

     609.113 Sentence to work program for certain offenders. 

    Subdivision 1.    Mandatory sentence.  (a) Except as 
 provided in paragraph (b), if a court stays the imposition or 
 execution of sentence under section 609.135 for an adult male 
 who is convicted of a first- or second-time nonviolent felony 
 offense, and who has never been previously convicted of or 
 adjudicated for committing an offense against the person, the 
 court, in addition to any other intermediate sanctions ordered 
 and as a condition of probation, shall order the person to 
 satisfactorily complete the work program for the period of time 
 specified in subdivision 4, paragraph (a). 

    If the work program is full at the time of sentencing, the 
 court may sentence the person to any sentence authorized in 
 section 609.10 or 609.135.  The court may sentence the person to 
 the program and require that the person be placed in the program 
 when an opening occurs. 

    (b) If the court determines, based on substantial and 
 compelling reasons, that a person described in paragraph (a) 
 would receive a more appropriate sanction and level of care 
 through an alternative disposition using local correctional 
 resources, the court may sentence the person to a disposition 
 not involving the work program notwithstanding paragraph (a).  
 This sentence must include a sanction of equivalent or greater 
 severity as the work program. 

    If a court sentences a person under this paragraph, the 
 court shall make written findings as to the reasons for not 
 using the work program.  The court shall forward these findings, 
 including the alternative sentence imposed, to the sentencing 
 guidelines commission. 

    Subd. 2.    Permissive sentence.  A court may sentence a 
 person who has never previously been convicted of or adjudicated 
 for committing an offense against the person to satisfactorily 
 complete the work program for a period of time authorized in 
 subdivision 4, paragraph (b), if the person: 

    (1) is convicted of a nonviolent felony offense other than 
 a first- or second-time nonviolent felony offense and the court 
 is staying the imposition or execution of sentence under section 
 609.135; or 

    (2) is convicted of a nonviolent gross misdemeanor offense. 

 This sentence may be in addition to any other sanctions ordered 
 by the court. 

    Subd. 3.    Offenders ineligible for program.  A person 
 is ineligible to be sentenced to the work program if: 

    (1) the court determines that the person has a debilitating 
 chemical dependency or serious mental health problem or the 
 person has a serious and chronic condition requiring ongoing and 
 continuous medical monitoring and treatment by a medical 
 professional; or 

    (2) the person has been convicted of a nonviolent felony or 
 gross misdemeanor offense after having initially been charged 
 with committing a crime against the person. 

    Subd. 4.    Length of sentence.  (a) If the court 
 determines that the offense is the person's first nonviolent 
 felony offense, the court shall sentence the person to the work 
 program for 60 days.  If the court determines that the offense 
 is the person's second nonviolent felony offense, the court 
 shall sentence the person to the work program for 90 days. 

    (b) The court may sentence a person described in 
 subdivision 2 as follows: 

    (1) if the person is convicted of a nonviolent felony 
 offense, the court may sentence the person to the work program 
 for up to 90 days; or 

    (2) if the person is convicted of a nonviolent gross 
 misdemeanor offense, the court may sentence the person to the 
 work program for up to 30 days. 

    (c) The person shall be placed in the work program as soon 
 as possible after the sentencing to ensure swift consequences 
 for the offense. 

    Subd. 5.    Report.  By January 15, 1999, and each year 
 thereafter, the sentencing guidelines commission shall issue a 
 report to the chairs of the senate and house committees and 
 divisions having jurisdiction over criminal justice policy and 
 funding summarizing the information received from courts under 
 subdivision 1, paragraph (b). 

    Subd. 6.    Definitions.  For purposes of this section, 
 "nonviolent felony offense" and "nonviolent gross misdemeanor 
 offense" do not include crimes against the person. 

    HIST: 1997 c 239 art 3 s 5; 1998 c 367 art 9 s 18