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HF 1958

as introduced - 87th Legislature (2011 - 2012) Posted on 01/26/2012 02:34pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/26/2012

Current Version - as introduced

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A bill for an act
relating to corrections; narrowing selection criteria for challenge incarceration
program; amending Minnesota Statutes 2010, section 244.17, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 244.17, subdivision 3, is amended to read:


Subd. 3.

Offenders not eligible.

(a) The following offenders are not eligible to be
placed in the challenge incarceration program:

(1) offenders who are committed to the commissioner's custody new text begin or any state or
federal prison
new text end following a conviction for murder, manslaughter, criminal sexual conduct,
assault, kidnapping, robbery, arson, new text begin drive-by shooting, criminal vehicular homicide or
operation,
new text end or any other offense new text begin that includes characteristics new text end involving death or deleted text begin intentional
personal injury
deleted text end new text begin great bodily harm to the victim or victims as defined under section 609.02,
or discharge of a firearm
new text end ;

(2) offenders who were deleted text begin convicted within the preceding ten years of an offense
described in clause (1) and were committed to the custody of the commissioner
deleted text end new text begin released
from the commissioner's custody or the custody of a state or federal prison unless five
years have elapsed from the date of discharge or expiration of the sentence for an offense
described under clause (1)
new text end ;

(3) offenders who have been convicted or adjudicated delinquent within the past five
years for a violation of section 609.485;

(4) offenders who are deleted text begin committed to the commissioner's custody for an offense that
requires
deleted text end new text begin required to complete predatory offendernew text end registration under section 243.166;

new text begin (5) offenders who have been reviewed by the commissioner and referred to the
county for review for civil commitment as a sexual psychopathic personality, a sexually
dangerous person, mentally ill, or mentally ill and dangerous to the public;
new text end

deleted text begin (5)deleted text end new text begin (6)new text end offenders who are the subject of a current arrest warrant or detainer;

deleted text begin (6)deleted text end new text begin (7)new text end offenders who have fewer than 180 days remaining until their supervised
release date;

deleted text begin (7)deleted text end new text begin (8)new text end offenders who have had deleted text begin disciplinary confinement time added to their sentencedeleted text end new text begin
institution discipline resulting in extended incarceration
new text end or who have been placed in
segregation, unless 90 days have elapsed from the imposition of the deleted text begin additional disciplinary
confinement time
deleted text end new text begin extended incarcerationnew text end or the last day of segregation;

deleted text begin (8)deleted text end new text begin (9)new text end offenders who have received a suspended formal disciplinary sanctiondeleted text begin , unless
the suspension
deleted text end new text begin or imposed formal loss of privileges sanction until the sanctionnew text end has expired;

deleted text begin (9)deleted text end new text begin (10)new text end offenders whose governing sentence is for an offense from another state
or the United States; and

deleted text begin (10)deleted text end new text begin (11)new text end offenders who have a medical condition included on the list of ineligible
conditions described in paragraph (b).

(b) The commissioner of corrections shall develop a list of medical conditions that
will disqualify an offender from participating in the challenge incarceration program.
The commissioner shall submit the list and any changes to it to the chairs and ranking
minority members of the senate and house committees having jurisdiction over criminal
justice policy and funding.