HF 1319

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/20/2023 04:47pm

A bill for an act
relating to corrections; establishing the Minnesota Rehabilitation and Reinvestment
Act; providing for earned incentive release and supervision abatement status;
requiring reports; appropriating money; amending Minnesota Statutes 2022, sections
244.03; 244.05, subdivision 1b; proposing coding for new law in Minnesota
Statutes, chapter 244.

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

Section 1.

Minnesota Statutes 2022, section 244.03, is amended to read:

244.03 REHABILITATIVE PROGRAMS.

new text begin Subdivision 1. new text end

new text begin Commissioner responsibility. new text end

new text begin (a) For individuals committed to the
commissioner's authority, new text end the commissioner deleted text begin shall provide appropriate mental health programs
and vocational and educational programs with employment-related goals for inmates. The
selection, design and implementation of programs under this section shall be the sole
responsibility of the commissioner, acting within the limitations imposed by the funds
appropriated for such programs. deleted text end new text begin must develop, implement, and provide, as appropriate:
new text end

new text begin (1) substance use disorder treatment programs;
new text end

new text begin (2) sexual offender treatment programming;
new text end

new text begin (3) domestic abuse programming;
new text end

new text begin (4) medical and mental health services;
new text end

new text begin (5) spiritual and faith-based programming;
new text end

new text begin (6) culturally responsive programming;
new text end

new text begin (7) vocational, employment and career, and educational programming; and
new text end

new text begin (8) other rehabilitative programs.
new text end

new text begin (b) While evidence-based programs must be prioritized, selecting, designing, and
implementing programs under this section are the sole responsibility of the commissioner,
acting within the limitations imposed by the funds appropriated for the programs under this
section.
new text end

new text begin Subd. 2. new text end

new text begin Challenge prohibited. new text end

No action challenging the level of expenditures for
new text begin rehabilitative new text end programs authorized under this section, nor any action challenging the selection,
design new text begin , new text end or implementation of these programs, including employee assignments, may be
maintained by an inmate in any court in this state.

new text begin Subd. 3. new text end

new text begin Disciplinary sanctions. new text end

The commissioner may impose disciplinary sanctions
deleted text begin upon deleted text end new text begin on new text end any inmate who refuses to participate in rehabilitative programs.

Sec. 2.

Minnesota Statutes 2022, section 244.05, subdivision 1b, is amended to read:

Subd. 1b.

Supervised release; deleted text begin offenders deleted text end new text begin inmates new text end who commit crimes on or after
August 1, 1993.

(a) Except as provided in subdivisions 4 and 5, every inmate sentenced to
prison for a felony offense committed on or after August 1, 1993, shall serve a supervised
release term upon completion of the inmate's term of imprisonment and any disciplinary
confinement period imposed by the commissioner due to the inmate's violation of any
disciplinary rule adopted by the commissioner or refusal to participate in a rehabilitative
program required under section 244.03. The amount of time the inmate serves on supervised
release deleted text begin shall be deleted text end new text begin is new text end equal deleted text begin in length to the amount of time remaining in deleted text end new text begin to one-third of new text end the
inmate's new text begin fixed new text end executed sentence deleted text begin after the inmate has served the term of imprisonment and
any disciplinary confinement period imposed by the commissioner deleted text end new text begin , less any disciplinary
confinement period imposed by the commissioner and regardless of any earned incentive
release credit applied toward the individual's term of imprisonment under section 244.44 new text end .

(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary sanction or until
the inmate is discharged or released from punitive deleted text begin segregation deleted text end new text begin restrictive-housing new text end
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.

new text begin (c) For purposes of this subdivision, "earned incentive release credit" has the meaning
given in section 244.41, subdivision 7.
new text end

Sec. 3.

new text begin [244.40] MINNESOTA REHABILITATION AND REINVESTMENT ACT.
new text end

new text begin Sections 244.40 to 244.51 may be cited as the "Minnesota Rehabilitation and
Reinvestment Act."
new text end

Sec. 4.

new text begin [244.41] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of the act, the terms defined in this section have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Act. new text end

new text begin "Act" means the Minnesota Rehabilitation and Reinvestment Act.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of corrections.
new text end

new text begin Subd. 4. new text end

new text begin Correctional facility. new text end

new text begin "Correctional facility" means a state facility under the
direct operational authority of the commissioner but does not include a commissioner-licensed
local detention facility.
new text end

new text begin Subd. 5. new text end

new text begin Direct-cost per diem. new text end

new text begin "Direct-cost per diem" means the actual nonsalary
expenditures, including encumbrances as of July 31 following the end of the fiscal year,
from the Department of Corrections expense budgets for food preparation; food provisions;
personal support for incarcerated persons, including clothing, linen, and other personal
supplies; transportation; and professional technical contracted health care services.
new text end

new text begin Subd. 6. new text end

new text begin Earned compliance credit. new text end

new text begin "Earned compliance credit" means a one-month
reduction from the period during active supervision of the supervised release term for every
two months that a supervised individual exhibits compliance with the conditions and goals
of the individual's supervision plan.
new text end

new text begin Subd. 7. new text end

new text begin Earned incentive release credit. new text end

new text begin "Earned incentive release credit" means credit
that is earned and subtracted from an incarcerated person's term of imprisonment for
completing objectives established by their individualized rehabilitation plan under section
244.42.
new text end

new text begin Subd. 8. new text end

new text begin Earned incentive release savings. new text end

new text begin "Earned incentive release savings" means
the calculation of the direct-cost per diem multiplied by the number of incarcerated days
saved for the period of one fiscal year.
new text end

new text begin Subd. 9. new text end

new text begin Executed sentence. new text end

new text begin "Executed sentence" means the total period for which an
incarcerated person is committed to the custody of the commissioner.
new text end

new text begin Subd. 10. new text end

new text begin Incarcerated days saved. new text end

new text begin "Incarcerated days saved" means the number of
days of an incarcerated person's original term of imprisonment minus the number of actual
days served, excluding days not served due to death or as a result of time earned in the
challenge incarceration program under sections 244.17 to 244.173.
new text end

new text begin Subd. 11. new text end

new text begin Incarcerated person. new text end

new text begin "Incarcerated person" has the meaning given "inmate"
in section 244.01, subdivision 2.
new text end

new text begin Subd. 12. new text end

new text begin Supervised release. new text end

new text begin "Supervised release" means the release of an incarcerated
person according to section 244.05.
new text end

new text begin Subd. 13. new text end

new text begin Supervised release term. new text end

new text begin "Supervised release term" means the period equal
to one-third of the individual's fixed executed sentence, less any disciplinary confinement
period or punitive restrictive-housing confinement imposed under section 244.05, subdivision
1b.
new text end

new text begin Subd. 14. new text end

new text begin Supervision abatement status. new text end

new text begin "Supervision abatement status" means an end
to active correctional supervision of a supervised individual without effect on the legal
expiration date of the individual's executed sentence less any earned incentive release credit.
new text end

new text begin Subd. 15. new text end

new text begin Term of imprisonment. new text end

new text begin "Term of imprisonment" has the meaning given in
section 244.01, subdivision 8.
new text end

Sec. 5.

new text begin [244.42] COMPREHENSIVE ASSESSMENT AND INDIVIDUALIZED
REHABILITATION PLAN REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Comprehensive assessment. new text end

new text begin (a) The commissioner must develop a
comprehensive assessment process for each person who:
new text end

new text begin (1) is committed to the commissioner's custody and confined in a state correctional
facility on or after January 1, 2025; and
new text end

new text begin (2) has 365 or more days remaining until the person's scheduled supervised release date
or parole eligibility date.
new text end

new text begin (b) As part of the assessment process, the commissioner must take into account
appropriate rehabilitative programs under section 244.03.
new text end

new text begin Subd. 2. new text end

new text begin Individualized rehabilitation plan. new text end

new text begin After completing the assessment process,
the commissioner must ensure the development of an individualized rehabilitation plan,
along with identified goals, for every person committed to the commissioner's custody. The
individualized rehabilitation plan must be holistic in nature by identifying intended outcomes
for addressing:
new text end

new text begin (1) the incarcerated person's needs and risk factors;
new text end

new text begin (2) the person's identified strengths; and
new text end

new text begin (3) available and needed community supports, including victim safety considerations
as required under section 244.47, if applicable.
new text end

new text begin Subd. 3. new text end

new text begin Victim input. new text end

new text begin (a) If an individual is committed to the commissioner's custody
for a crime listed in section 609.02, subdivision 16, the commissioner must make reasonable
efforts to notify a victim of the opportunity to provide input during the assessment and
rehabilitation plan process. Victim input may include:
new text end

new text begin (1) a summary of victim concerns relative to release;
new text end

new text begin (2) concerns related to victim safety during the committed individual's term of
imprisonment; and
new text end

new text begin (3) requests for imposing victim safety protocols as additional conditions of imprisonment
or supervised release.
new text end

new text begin (b) The commissioner must consider all victim input statements when developing an
individualized rehabilitation plan and establishing conditions governing confinement or
release.
new text end

new text begin Subd. 4. new text end

new text begin Transition and release plan. new text end

new text begin For an incarcerated person with less than 365
days remaining until the person's supervised release date, the commissioner, in consultation
with the incarcerated person, must develop a transition and release plan.
new text end

Sec. 6.

new text begin [244.43] EARNED INCENTIVE RELEASE CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Policy for earned incentive release credit; stakeholder consultation. new text end

new text begin (a)
To encourage and support rehabilitation when consistent with the public interest and public
safety, the commissioner must establish a policy providing for earned incentive release
credit as a part of the term of imprisonment. The policy must be established in consultation
with the following organizations:
new text end

new text begin (1) Minnesota County Attorneys Association;
new text end

new text begin (2) Minnesota Board of Public Defense;
new text end

new text begin (3) Minnesota Association of Community Corrections Act Counties;
new text end

new text begin (4) Minnesota Indian Women's Sexual Assault Coalition;
new text end

new text begin (5) Violence Free Minnesota;
new text end

new text begin (6) Minnesota Coalition Against Sexual Assault;
new text end

new text begin (7) Minnesota Alliance on Crime;
new text end

new text begin (8) Minnesota Sheriffs' Association;
new text end

new text begin (9) Minnesota Chiefs of Police Association;
new text end

new text begin (10) Minnesota Police and Peace Officers Association; and
new text end

new text begin (11) faith-based organizations that reflect the demographics of the incarcerated population.
new text end

new text begin (b) The policy must:
new text end

new text begin (1) provide circumstances upon which an incarcerated person may receive earned
incentive release credits, including participation in rehabilitative programming under section
244.03; and
new text end

new text begin (2) address circumstances where:
new text end

new text begin (i) the capacity to provide rehabilitative programming in the correctional facility is
diminished but the programming is available to the community; and
new text end

new text begin (ii) the conditions under which the incarcerated person could be released to the
community-based resource but remain subject to commitment to the commissioner and
could be considered for earned incentive release credit.
new text end

new text begin Subd. 2. new text end

new text begin Policy on disparities. new text end

new text begin The commissioner must develop a policy establishing a
process for assessing and addressing any systemic and programmatic gender and racial
disparities that may be identified when awarding earned incentive release credits.
new text end

Sec. 7.

new text begin [244.44] APPLYING EARNED INCENTIVE RELEASE CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Calculating earned incentive release credit. new text end

new text begin Earned incentive release
credits are subtracted from the term of imprisonment but are not added to the person's
supervised release term, the total length of which remains unchanged. The maximum amount
of earned incentive release credit that can be earned and subtracted from the term of
imprisonment is 17 percent of the total executed sentence. Earned credit cannot reduce the
term of imprisonment to less than one-half of the incarcerated person's executed sentence.
Once earned, earned incentive release credits are nonrevocable.
new text end

new text begin Subd. 2. new text end

new text begin Scope of act. new text end

new text begin This act is separate and distinct from other legislatively authorized
release programs, including the challenge incarceration program, work release, conditional
medical release, or the program for the conditional release of nonviolent controlled substance
offenders.
new text end

Sec. 8.

new text begin [244.45] INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.
new text end

new text begin The following individuals are ineligible for earned incentive release credit:
new text end

new text begin (1) those serving life sentences;
new text end

new text begin (2) those given indeterminate sentences for crimes committed on or before April 30,
1980; or
new text end

new text begin (3) those subject to good time under section 244.04 or similar laws.
new text end

Sec. 9.

new text begin [244.46] EARNED COMPLIANCE CREDIT AND SUPERVISION
ABATEMENT STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Adopting policy for earned compliance credit; supervision abatement
status. new text end

new text begin (a) The commissioner must adopt a policy providing for earned compliance credit.
new text end

new text begin (b) Except as otherwise provided in the act, once the time served on active supervision
plus earned compliance credits equals the total length of the supervised release term, the
commissioner must place the individual on supervision abatement status for the remainder
of the supervised release term.
new text end

new text begin Subd. 2. new text end

new text begin Violating conditions of release; commissioner action. new text end

new text begin If an individual violates
the conditions of release while on supervision abatement status, the commissioner may:
new text end

new text begin (1) return the individual to active supervision for the remainder of the supervised release
term, with or without modifying the conditions of release; or
new text end

new text begin (2) revoke the individual's supervised release in accordance with section 244.05,
subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Supervision abatement status; requirements. new text end

new text begin A person who is placed on
supervision abatement status under this section must not be required to regularly report to
a supervised release agent or pay a supervision fee but must continue to:
new text end

new text begin (1) obey all laws;
new text end

new text begin (2) report any new criminal charges; and
new text end

new text begin (3) abide by section 243.1605 before seeking written authorization to relocate to another
state.
new text end

new text begin Subd. 4. new text end

new text begin Applicability. new text end

new text begin This section does not apply to individuals:
new text end

new text begin (1) serving life sentences;
new text end

new text begin (2) given indeterminate sentences for crimes committed on or before April 30, 1980; or
new text end

new text begin (3) subject to good time under section 244.04 or similar laws.
new text end

Sec. 10.

new text begin [244.47] VICTIM INPUT.
new text end

new text begin Subdivision 1. new text end

new text begin Notifying victim; victim input. new text end

new text begin (a) If an individual is committed to the
custody of the commissioner for a crime listed in section 609.02, subdivision 16, and is
eligible for earned incentive release credit, the commissioner must make reasonable efforts
to notify the victim that the committed individual is eligible for earned incentive release
credit.
new text end

new text begin (b) Victim input may include:
new text end

new text begin (1) a summary of victim concerns relative to eligibility of earned incentive release credit;
new text end

new text begin (2) concerns related to victim safety during the committed individual's term of
imprisonment; and
new text end

new text begin (3) requests for imposing victim safety protocols as additional conditions of imprisonment
or supervised release.
new text end

new text begin Subd. 2. new text end

new text begin Victim input statements. new text end

new text begin The commissioner must consider victim input
statements when establishing requirements governing conditions of release. The
commissioner must provide the name and telephone number of the local victim agency
serving the jurisdiction of release to any victim providing input on earned incentive release
credit.
new text end

Sec. 11.

new text begin [244.48] VICTIM NOTIFICATION.
new text end

new text begin Nothing in this act limits any victim notification obligations of the commissioner required
by statute related to a change in custody status, committing offense, end-of-confinement
review, or notification registration.
new text end

Sec. 12.

new text begin [244.49] INTERSTATE COMPACT.
new text end

new text begin (a) This section applies to a person serving a Minnesota sentence while being supervised
in another state according to the Interstate Compact for Adult Supervision.
new text end

new text begin (b) As may be allowed under section 243.1605, a person may be eligible for supervision
abatement status according to the act only if they meet eligibility criteria for earned
compliance credit as established under section 244.46.
new text end

Sec. 13.

new text begin [244.50] REALLOCATING EARNED INCENTIVE RELEASE SAVINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishing reallocation revenue account. new text end

new text begin The reallocation of earned
incentive release savings account is established in the special revenue fund in the state
treasury. Funds in the account are appropriated to the commissioner and must be expended
in accordance with the allocation established in subdivision 4 after the requirements of
subdivision 2 are met. Funds in the account are available until expended.
new text end

new text begin Subd. 2. new text end

new text begin Certifying earned incentive release savings. new text end

new text begin On or before the final closeout
date of each fiscal year, the commissioner must certify to Minnesota Management and
Budget the earned incentive release savings from the previous fiscal year. The commissioner
must provide the detailed calculation substantiating the savings amount, including
accounting-system-generated data where possible, supporting the direct-cost per diem and
the incarcerated days saved.
new text end

new text begin Subd. 3. new text end

new text begin Savings to be transferred to reallocation revenue account. new text end

new text begin After the
certification in subdivision 2 is completed, the commissioner must transfer funds from the
appropriation from which the savings occurred to the reallocation revenue account according
to the allocation in subdivision 4. Transfers must occur by September 1 each year.
new text end

new text begin Subd. 4. new text end

new text begin Distributing reallocation funds. new text end

new text begin The commissioner must distribute funds as
follows:
new text end

new text begin (1) 25 percent must be transferred to the Office of Justice Programs in the Department
of Public Safety for crime victim services;
new text end

new text begin (2) 25 percent must be transferred to the Community Corrections Act subsidy
appropriation and to the Department of Corrections for supervised release and intensive
supervision services, based upon a three-year average of the release jurisdiction of supervised
releasees and intensive supervised releasees across the state;
new text end

new text begin (3) 25 percent must be transferred to the Department of Corrections for:
new text end

new text begin (i) grants to develop and invest in community-based services that support the identified
needs of correctionally involved individuals or individuals at risk of becoming involved in
the criminal justice system; and
new text end

new text begin (ii) sustaining the operation of evidence-based programming in state and local correctional
facilities; and
new text end

new text begin (4) 25 percent must be transferred to the general fund.
new text end

Sec. 14.

new text begin [244.51] REPORTING REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Annual report required. new text end

new text begin (a) Beginning January 15, 2026, and by January
15 each year thereafter for ten years, the commissioner must provide a report to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over public safety and judiciary.
new text end

new text begin (b) For the 2026 report, the commissioner must report on implementing the requirements
in this act. Starting with the 2027 report, the commissioner must report on the status of the
requirements in this act for the previous fiscal year.
new text end

new text begin (c) Each report must be provided to the sitting president of the Minnesota Association
of Community Corrections Act Counties and the executive directors of the Minnesota
Sentencing Guidelines Commission, the Minnesota Indian Women's Sexual Assault Coalition,
the Minnesota Alliance on Crime, Violence Free Minnesota, the Minnesota Coalition Against
Sexual Assault, and the Minnesota County Attorneys Association.
new text end

new text begin (d) The report must include but not be limited to:
new text end

new text begin (1) a qualitative description of policy development; implementation status; identified
implementation or operational challenges; strategies identified to mitigate and ensure that
the act does not create or exacerbate gender, racial, and ethnic disparities; and proposed
mechanisms for projecting future savings and reallocation of savings;
new text end

new text begin (2) the number of persons who were granted earned incentive release credit, the total
number of days of incentive release earned, a summary of committing offenses for those
persons who earned incentive release credit, a summary of earned incentive release savings,
and the demographic data for all persons eligible for earned incentive release credit and the
reasons and demographic data of those eligible persons for whom earned incentive release
credit was unearned or denied;
new text end

new text begin (3) the number of persons who earned supervision abatement status, the total number
of days of supervision abatement earned, the committing offenses for those persons granted
supervision abatement status, the number of revocations for reoffense while on supervision
abatement status, and the demographic data for all persons eligible for, considered for,
granted, or denied supervision abatement status and the reasons supervision abatement status
was unearned or denied;
new text end

new text begin (4) the number of persons deemed ineligible to receive earned incentive release credits
and supervise abatement and the demographic data for the persons; and
new text end

new text begin (5) the number of victims who submitted input, the number of referrals to local
victim-serving agencies, and a summary of the kinds of victim services requested.
new text end

new text begin Subd. 2. new text end

new text begin Soliciting feedback. new text end

new text begin (a) The commissioner must solicit feedback on
victim-related operational concerns from the Minnesota Indian Women's Sexual Assault
Coalition, Minnesota Alliance on Crime, Minnesota Coalition Against Sexual Assault, and
Violence Free Minnesota.
new text end

new text begin (b) The feedback should relate to applying earned incentive release credit and supervision
abatement status options. A summary of the feedback from the organizations must be
included in the annual report.
new text end

new text begin Subd. 3. new text end

new text begin Evaluating earned incentive release credit and act. new text end

new text begin The commissioner must
direct the Department of Corrections' research unit to regularly evaluate earned incentive
release credits and other provisions of the act. The findings must be published on the
Department of Corrections' website and in the annual report.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 14 are effective August 1, 2023.
new text end