Minnesota Agencies

The Commission is to study and make recommendations on the problem of persons who repeatedly drive while intoxicated.

By January 15, 1993, the commission shall present to the chairs of the committees on the judiciary and health and human services in the senate and house of representatives a specific proposal to provide for the effective treatment, or if treatment is unsuccessful, for confinement for a period of up to five years, to protect society from those who have violated the DWI laws a fourth time within five years or a fifth or subsequent time. The recommendation shall include a means of committing these individuals to treatment, including the potential for confinement as a sanction for leaving or failing treatment, using alcohol or drugs, or reoffending.

A Legislative Commission on the Confinement and Treatment of DWI Recidivists was formed in 1992 when the legislature could not agree on whether repeat DUI offenders should be charged with a felony offense. The Commission's recommendations were that a DUI offense with "multiple-priors" should remain a gross misdemeanor offense, but that up to three multiple offenses may be allowed to be sentenced consecutively. They recommended low-security incarceration, treatment and intensive aftercare in regional programs for most offenders. Costs for additional law enforcement, incarceration, intensive supervision, treatment and aftercare were to be paid for by an increase in the alcohol excise tax. The 1994 Omnibus DUI bill adopted the recommendation for consecutive sentences for up to three offenses resulting from the same driving incident, ie DUI, Driving after revocation, and driving without insurance. (This history taken from Budget 2001 Justice Working Paper, page 10-11.)

In the commission’s March 1993 report to the legislature it recommended that treatment programs for DWI recidivists be abstinence based and that a minimum number of contact days and hours and type of contacts be specified.

The subcommittee on committees in the senate and the speaker of the house of representatives shall appoint up to 18 members to a commission on the confinement and treatment of DWI recidivists. 23 Members appear to have been actually appointed.

Chair: Stephen Simon