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 sentence if the offender agrees to participate in the program and the commissioner notifies the sentencing court.
The commissioner must limit the intensive community supervision program to the following persons:
(1) offenders who are committed to the commissioner's custody following revocation of a stayed sentence; and
(2) offenders who are committed to the commissioner's custody for a sentence of 30 months or less, who did not receive a dispositional departure under the Sentencing Guidelines, and who have already served a period of incarceration as a result of the offense for which they are committed.
The following are not eligible to be placed on intensive community supervision, under subdivision 2, clause (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, or criminal vehicular homicide or operation resulting in death; and
(3) offenders whose presence in the community would present a danger to public safety.