1.1                          A bill for an act 
  1.2             relating to crime; requiring that convicted offenders 
  1.3             who are ordered to pay restitution as a condition of 
  1.4             probation shall remain on probation until the 
  1.5             restitution has been fully paid; amending Minnesota 
  1.6             Statutes 1995 Supplement, section 609.135, subdivision 
  1.7             2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.10  609.135, subdivision 2, is amended to read: 
  1.11     Subd. 2.  (a) If the conviction is for a felony the stay 
  1.12  shall be for not more than four years or the maximum period for 
  1.13  which the sentence of imprisonment might have been imposed, 
  1.14  whichever is longer. 
  1.15     (b) If the conviction is for a gross misdemeanor violation 
  1.16  of section 169.121 or 169.129, the stay shall be for not more 
  1.17  than four years.  The court shall provide for unsupervised 
  1.18  probation for the last one year of the stay unless the court 
  1.19  finds that the defendant needs supervised probation for all or 
  1.20  part of the last one year. 
  1.21     (c) If the conviction is for a gross misdemeanor not 
  1.22  specified in paragraph (b), the stay shall be for not more than 
  1.23  two years. 
  1.24     (d) If the conviction is for any misdemeanor under section 
  1.25  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
  1.26  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
  2.1   which the victim of the crime was a family or household member 
  2.2   as defined in section 518B.01, the stay shall be for not more 
  2.3   than two years.  The court shall provide for unsupervised 
  2.4   probation for the second year of the stay unless the court finds 
  2.5   that the defendant needs supervised probation for all or part of 
  2.6   the second year. 
  2.7      (e) If the conviction is for a misdemeanor not specified in 
  2.8   paragraph (d), the stay shall be for not more than one year.  
  2.9      (f) The defendant shall be discharged six months after the 
  2.10  term of the stay expires, unless the stay has been revoked or 
  2.11  extended under paragraph (g) or (h), or the defendant has 
  2.12  already been discharged. 
  2.13     (g) Notwithstanding the maximum periods specified for stays 
  2.14  of sentences under paragraphs (a) to (f), a court may extend a 
  2.15  defendant's term of probation for up to one year if it finds, at 
  2.16  a hearing conducted under subdivision 1a, that: 
  2.17     (1) the defendant has not paid court-ordered restitution or 
  2.18  a fine in accordance with the payment schedule or structure; and 
  2.19     (2) the defendant is likely to not pay the restitution or 
  2.20  fine the defendant owes before the term of probation expires.  
  2.21  This one-year extension of probation for failure to pay 
  2.22  restitution or a fine may be extended by the court for up to one 
  2.23  additional year if the court finds, at another hearing conducted 
  2.24  under subdivision 1a, that the defendant still has not paid the 
  2.25  court-ordered restitution or fine that the defendant owes. 
  2.26     (h) Notwithstanding the maximum periods specified for stays 
  2.27  of sentence under paragraphs (a) to (f), if a court sentences a 
  2.28  defendant to pay restitution, the defendant's term of probation 
  2.29  shall last until the term of probation expires or the 
  2.30  restitution is fully paid, whichever occurs later. 
  2.31     Sec. 2.  [EFFECTIVE DATE.] 
  2.32     Section 1 is effective August 1, 1996, and applies to 
  2.33  crimes committed on or after that date.