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609.135.1

Statute ID: 8499

Statute Function ID: 21014

Stay of Imposition or Execution of Sentence-Terms and Conditions

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.135.1

Enactment Date:

Jan 1, 1859

Effective Date:

Jan 1, 2001

Expiration Date:

Repealed?:

Summary Text:

Stay of Imposition or Execution of Sentence-Terms and Conditions

Statute ID:

8499

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Nov 20, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

Laws 2023, chapter 52, article 17, section 34, corrected cross-references

Summary Text:

Stay of Imposition or Execution of Sentence-Terms and Conditions

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/135.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Nov 20, 2023

(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, or sections 244.197 to 244.199.

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.

(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment is due on the date imposed unless the court otherwise establishes a due date or a payment plan.

(e) The court may prohibit a defendant from using adult-use cannabis flower as defined in section 342.01, subdivision 4, or adult-use cannabis products as defined in section 342.01, subdivision 2, if the defendant undergoes a chemical use assessment and abstinence is consistent with a recommended level of care for the defendant in accordance with the criteria under section 254B.04, subdivision 4. The assessment must be conducted by an assessor qualified under section 245G.11, subdivisions 1 and 5.

(f) A court shall not impose an intermediate sanction that has the effect of prohibiting a person from participating in the registry program as defined in section 342.01, subdivision 63.