1997 Minnesota Statutes

     169.1265 Pilot programs of intensive probation for 
  repeat DWI offenders. 

    Subdivision 1.    Grant application.  The commissioners 
 of corrections and public safety, in cooperation with the 
 commissioner of human services, shall jointly administer a 
 program to provide grants to counties to establish and operate 
 programs of intensive probation for repeat violators of the 
 driving while intoxicated laws.  The commissioners shall adopt 
 an application form on which a county or a group of counties may 
 apply for a grant to establish and operate a DWI repeat offender 
 program. 

    Subd. 2.    Goals.  The goals of the DWI repeat offender 
 program are to protect public safety and provide an appropriate 
 sentencing alternative for persons convicted of a violation of 
 section 169.129, or of repeat violations of section 169.121, who 
 are considered to be of high risk to the community. 

    Subd. 3.    Program elements.  To be considered for a 
 grant under this section, a county program must contain the 
 following elements: 

    (1) an initial assessment of the offender's chemical 
 dependency, based on the results of a chemical use assessment 
 conducted under section 169.126, with recommended treatment and 
 aftercare, and a requirement that the offender follow the 
 recommended treatment and aftercare; 

    (2) several stages of probation supervision, including: 

    (i) a period of incarceration in a local or regional 
 detention facility; 

    (ii) a period during which an offender is, at all times, 
 either working, on home detention, being supervised at a program 
 facility, or traveling between two of these locations; 

    (iii) a period of home detention; and 

    (iv) a period of gradually decreasing involvement with the 
 program; 

    (3) decreasing levels of intensity and contact with 
 probation officials based on the offender's successful 
 participation in the program and compliance with its rules; 

    (4) a provision for increasing the severity of the 
 program's requirements when an offender offends again or 
 violates the program's rules; 

    (5) a provision for offenders to continue or seek 
 employment during their period of intensive probation; 

    (6) a requirement that offenders abstain from alcohol and 
 controlled substances during the probation period and be tested 
 for such use on a routine basis; and 

    (7) a requirement that all or a substantial part of the 
 costs of the program be paid by the offenders. 

    Subd. 4.    Training.  Counties participating in the 
 program shall provide to affected officials relevant training in 
 intensive probation programs. 

    HIST: 1991 c 270 s 8; 1992 c 570 art 1 s 20,21; 1993 c 146 art 
 2 s 11