Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

Resources
609.135 STAY OF IMPOSITION OR EXECUTION OF SENTENCE.
    Subdivision 1. Terms and conditions. (a) Except when a sentence of life imprisonment is
required by law, or when a mandatory minimum sentence is required by section 609.11, any court
may stay imposition or execution of sentence and:
(1) may order intermediate sanctions without placing the defendant on probation; or
(2) may place the defendant on probation with or without supervision and on the terms the
court prescribes, including intermediate 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. Unless the court directs otherwise, state parole and
probation agents and probation officers may impose community work service or probation
violation sanctions, consistent with section 243.05, subdivision 1; sections 244.196 to 244.199; or
401.02, subdivision 5.
No intermediate sanction may be ordered performed at a location that fails to observe
applicable requirements or standards of chapter 181A or 182, or any rule promulgated under them.
(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term "intermediate
sanctions" includes but is not limited to incarceration in a local jail or workhouse, home detention,
electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting
center, chemical dependency or mental health treatment or counseling, restitution, fines, day-fines,
community work service, work service in a restorative justice program, work in lieu of or to work
off fines and, with the victim's consent, work in lieu of or to work off restitution.
(c) A court may not stay the revocation of the driver's license of a person convicted of
violating the provisions of section 169A.20.
    Subd. 1a. Failure to pay restitution or fine. If the court orders payment of restitution or
a fine as a condition of probation and if the defendant fails to pay the restitution or a fine in
accordance with the payment schedule or structure established by the court or the probation
officer, the prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's
own motion or at the request of the victim, ask the court to hold a hearing to determine whether
or not the conditions of probation should be changed or probation should be revoked. The
defendant's probation officer shall ask for the hearing if the restitution or fine ordered has not
been paid prior to 60 days before the term of probation expires. The court shall schedule and hold
this hearing and take appropriate action, including action under subdivision 2, paragraph (g),
before the defendant's term of probation expires.
    Subd. 1b.[Repealed, 1987 c 384 art 1 s 52]
    Subd. 1c. Failure to complete court-ordered treatment. If the court orders a defendant to
undergo treatment as a condition of probation and if the defendant fails to successfully complete
treatment at least 60 days before the term of probation expires, the prosecutor or the defendant's
probation officer may ask the court to hold a hearing to determine whether the conditions of
probation should be changed or probation should be revoked. The court shall schedule and hold
this hearing and take appropriate action, including action under subdivision 2, paragraph (h),
before the defendant's term of probation expires.
    Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony other than
section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not more than four years
or the maximum period for which the sentence of imprisonment might have been imposed,
whichever is longer.
(b) If the conviction is for a gross misdemeanor violation of section 169A.20 or 609.21,
subdivision 1a
, paragraph (d), or for a felony described in section 609.21, subdivision 1a,
paragraph (b) or (c), the stay shall be for not more than six years. The court shall provide for
unsupervised probation for the last year of the stay unless the court finds that the defendant needs
supervised probation for all or part of the last year.
(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the stay
shall be for not more than two years.
(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision
1
; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision
1
, in which the victim of the crime was a family or household member as defined in section
518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds that the defendant needs supervised
probation for all or part of the second year.
(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay shall be
for not more than one year.
(f) The defendant shall be discharged six months after the term of the stay expires, unless
the stay has been revoked or extended under paragraph (g), or the defendant has already been
discharged.
(g) Notwithstanding the maximum periods specified for stays of sentences under paragraphs
(a) to (f), a court may extend a defendant's term of probation for up to one year if it finds, at a
hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution or a fine in accordance with the
payment schedule or structure; and
(2) the defendant is likely to not pay the restitution or fine the defendant owes before the
term of probation expires.
This one-year extension of probation for failure to pay restitution or a fine may be extended by
the court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution or fine that
the defendant owes.
(h) Notwithstanding the maximum periods specified for stays of sentences under paragraphs
(a) to (f), a court may extend a defendant's term of probation for up to three years if it finds, at a
hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
    Subd. 3. Motor vehicle offense report. The court shall report to the commissioner of public
safety any stay of imposition or execution granted in the case of a conviction for an offense in
which a motor vehicle, as defined in section 169.01, subdivision 3, is used.
    Subd. 4. Jail as condition of probation. The court may, as a condition of probation, require
the defendant to serve up to one year incarceration in a county jail, a county regional jail, a
county workfarm, county workhouse or other local correctional facility, or require the defendant
to pay a fine, or both. The court may allow the defendant the work release privileges of section
631.425 during the period of incarceration.
    Subd. 5. Assaulting spouse stay conditions. If a person is convicted of assaulting a spouse
or other person with whom the person resides, and the court stays imposition or execution
of sentence and places the defendant on probation, the court must condition the stay upon the
defendant's participation in counseling or other appropriate programs selected by the court.
    Subd. 5a. Domestic abuse victims; electronic monitoring. (a) Until the commissioner of
corrections has adopted standards governing electronic monitoring devices used to protect victims
of domestic abuse, the court, as a condition of a stay of imposition or execution of a sentence,
may not order an offender convicted of a crime described in paragraph (b) to use an electronic
monitoring device to protect a victim's safety.
(b) This subdivision applies to the following crimes, if committed by the defendant against a
family or household member as defined in section 518B.01, subdivision 2:
(1) violations of orders for protection issued under chapter 518B;
(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222, 609.223,
or 609.224; or domestic assault under section 609.2242;
(3) criminal damage to property under section 609.595;
(4) disorderly conduct under section 609.72;
(5) harassing telephone calls under section 609.79;
(6) burglary under section 609.582;
(7) trespass under section 609.605;
(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under section
609.342, 609.343, 609.344, 609.345, or 609.3451; and
(9) terroristic threats under section 609.713.
(c) Notwithstanding paragraph (a), the judges in the Tenth Judicial District may order, as a
condition of a stay of imposition or execution of a sentence, a defendant convicted of a crime
described in paragraph (b), to use an electronic monitoring device to protect the victim's safety.
The judges shall make data on the use of electronic monitoring devices to protect a victim's safety
in the Tenth Judicial District available to the commissioner of corrections to evaluate and to aid in
development of standards for the use of devices to protect victims of domestic abuse.
    Subd. 6. Preference for intermediate 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
other intermediate sanctions where practicable.
    Subd. 7. Demand of execution of sentence. An offender may not demand execution of
sentence in lieu of a stay of imposition or execution of sentence if the offender will serve less
than nine months at the state institution. This subdivision does not apply to an offender who
will be serving the sentence consecutively or concurrently with a previously imposed executed
felony sentence.
    Subd. 8. Fine and surcharge collection. (a) A defendant's obligation to pay court-ordered
fines, surcharges, court costs, restitution, and fees shall survive for a period of six years from the
date of the expiration of the defendant's stayed sentence for the offense for which the fines,
surcharges, court costs, restitution, and fees were imposed, or six years from the imposition or due
date of the fines, surcharges, court costs, restitution, and fees, whichever is later. Nothing in this
subdivision extends the period of a defendant's stay of sentence imposition or execution.
    (b) The six-year period relating to a defendant's obligation to pay restitution under paragraph
(a) does not limit the victim's right to collect restitution through other means such as a civil
judgment.
History: 1963 c 753 art 1 s 609.135; 1971 c 244 s 2; 1976 c 341 s 3; 1977 c 349 s 1; 1977 c
355 s 6; 1978 c 723 art 2 s 4; 1978 c 724 s 1; 1981 c 9 s 2; 1981 c 227 s 8; 1983 c 264 s 9; 1984 c
610 s 3,4; 1985 c 242 s 4; 1986 c 372 s 5; 1986 c 435 s 7-9; 1986 c 444; 1986 c 463 s 3; 1987 c
220 s 1; 1989 c 21 s 3; 1989 c 253 s 1; 1990 c 579 s 3,4; 1991 c 272 s 6; 1991 c 279 s 27,28;
1992 c 570 art 1 s 25; 1992 c 571 art 1 s 10; art 6 s 11,12; 1993 c 326 art 10 s 12,13; art 13 s 24;
1994 c 615 s 24; 1995 c 226 art 2 s 11; 1995 c 259 art 3 s 9,10; 1996 c 408 art 7 s 4; 1997 c 239
art 3 s 7; art 5 s 8,9; 1Sp1997 c 2 s 62; 1998 c 367 art 7 s 10; 1999 c 194 s 9; 2000 c 478 art 2 s
7; 1Sp2003 c 2 art 6 s 5; art 9 s 18; 2007 c 54 art 3 s 14; art 5 s 17

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569