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169A.276.1(d)
Statute ID:
18685
Statute Function ID:
38065
Traffic - DWI - Mandatory prison for 36 months; 5 year Conditional Release-Felonies
In Effect
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Function Details
History
Text
Penalty
Classifications
Offense Level:
Felony (F)
General Offense Code:
DWI/Traffic/Vehicle Regulation (4)
Offense Summary Code & Rank:
DWI (JD) (Rank 13)
Detailed Offense Code:
DWI Mandatory Penalties-Felony (405.07)
Offense Severity Level:
Function Text:
UCR Code
Description
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
169A.276.1(d)
Enactment Date:
May 19, 2023
Effective Date:
Jul 1, 2023
Expiration Date:
Repealed?:
No
Summary Text:
Traffic - DWI - Mandatory prison for 36 months; 5 year Conditional Release-Felonies
Statute ID:
18685
Created:
Jun 5, 2023 by mnjis.legal.analyst@state.mn.us
Updated:
Jun 5, 2023 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Amended 2023 C52 Art11 Sect1; Effective 07/01/2023; (c) amended
Summary Text:
Traffic - DWI - Mandatory prison for 36 months; 5 year Conditional Release-Felonies
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/169A/276.html
Legislative Session:
2023 - NA
Session Law Text?:
No
Statute text last updated on:
Jun 5, 2023
(a) The court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) under the circumstances described in section 169A.24 (first-degree driving while impaired) to imprisonment for not less than three years. In addition, the court may order the person to pay a fine of not more than $14,000. (b) The court may stay execution of this mandatory sentence as provided in subdivision 2 (stay of mandatory sentence), but may not stay imposition or adjudication of the sentence or impose a sentence that has a duration of less than three years. (c) An offender committed to the custody of the commissioner of corrections under this subdivision is not eligible for release as provided in section 241.26, 244.065, 244.12, or 244.17, unless the offender has successfully completed treatment recommendations as determined by a comprehensive substance use disorder assessment while incarcerated. (d) Notwithstanding the statutory maximum sentence provided in section 169A.24 (first-degree driving while impaired), when the court commits a person to the custody of the commissioner of corrections under this subdivision, it shall provide that after the person has been released from prison the commissioner shall place the person on conditional release for five years. The commissioner shall impose any conditions of release that the commissioner deems appropriate including, but not limited to, successful completion of an intensive probation program as described in section 169A.74 (pilot programs of intensive probation for repeat DWI offenders). If the person fails to comply with any condition of release, the commissioner may revoke the person's conditional release and order the person to serve all or part of the remaining portion of the conditional release term in prison. The commissioner may not dismiss the person from supervision before the conditional release term expires. Except as otherwise provided in this section, conditional release is governed by provisions relating to supervised release. The failure of a court to direct the commissioner of corrections to place the person on conditional release, as required in this paragraph, does not affect the applicability of the conditional release provisions to the person. (e) The commissioner shall require persons placed on supervised or conditional release under this subdivision to pay as much of the costs of the supervision as possible. The commissioner shall develop appropriate standards for this.
