SF 1211

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to public safety; providing earned release dates for imprisoned offenders
and requiring that offenders who qualify be placed on supervised release with
enhanced reentry services; repealing the law requiring that short-term offenders
be incarcerated in local correctional facilities; appropriating money; amending
Minnesota Statutes 2008, sections 244.01, by adding subdivisions; 244.101,
subdivisions 1, 2, 3; 609.105, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 244; repealing Minnesota Statutes 2008, section
609.105, subdivisions 1a, 1b.

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

Section 1.

Minnesota Statutes 2008, section 244.01, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Earned release date. new text end

new text begin "Earned release date" means the date on which an
inmate who has served at least one year in a state correctional facility, who has not been
subject to any disciplinary sanctions while in a state correctional facility, and who has
agreed to a release plan must be placed on supervised release with enhanced reentry
services under section 244.0511. The earned release date for an inmate is 45 days before
the end of the inmate's term of imprisonment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 244.01, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Supervised release with enhanced reentry services. new text end

new text begin "Supervised
release with enhanced reentry services" means supervised release with services of the
type described in section 244.0511. Except as provided in section 244.0511, supervised
release with enhanced reentry services is governed by provisions related to supervised
release. The duration of supervised release with enhanced reentry services includes the
period beginning with an inmate's earned release date and continuing until the end of the
inmate's original term of imprisonment.
new text end

Sec. 3.

new text begin [244.0511] SUPERVISED RELEASE WITH ENHANCED REENTRY
SERVICES.
new text end

new text begin (a) The commissioner shall place an inmate who has served at least one year in a
state correctional facility, who has not been subject to any disciplinary sanctions while in a
state correctional facility, and who has agreed to a release plan on supervised release with
enhanced reentry services when the inmate reaches the inmate's earned release date.
new text end

new text begin (b) To be eligible for release under this section, an inmate must have agreed to a
release plan that has been approved by the inmate's future supervising agent and the
caseworker from the inmate's correctional facility. The release plan must, at a minimum,
require the inmate to participate in enhanced reentry programming that may include, but
is not limited to, chemical dependency treatment and aftercare, vocational counseling,
employment skills training, GED classes or postsecondary education, life skills training,
anger management training, financial skills classes, or other programming deemed
appropriate as part of reentry programming by the supervising agent. When there is a
specific reentry curriculum available, that program must be indicated in the release plan
and a description of that program attached to the release plan.
new text end

new text begin (c) An inmate who has not served at least one year in a state correctional facility,
who has been subject to any disciplinary sanction while in a state correctional facility,
or who has not agreed to a release plan described in this section may not be placed on
supervised release with enhanced reentry services and instead may only be placed on
supervised release, under the timetable and criteria provided in section 244.05. This
section does not apply to inmates subject to section 244.05, subdivision 4 or 5.
new text end

new text begin (d) At the conclusion of the inmate's supervised release with enhanced reentry
services term, the inmate shall be placed on supervised release.
new text end

Sec. 4.

Minnesota Statutes 2008, section 244.101, subdivision 1, is amended to read:

Subdivision 1.

Executed sentences.

When a felony offender is sentenced to a fixed
executed sentence for an offense committed on or after August 1, 1993, the executed
sentence consists of two parts: (1) a specified minimum term of imprisonment that is
equal to two-thirds of the executed sentence; and (2) a specified maximum supervised
release term that is equal to one-third of the executed sentence. The amount of time the
inmate actually serves in prison and on supervised release is subject to the provisions of
deleted text begin section deleted text end new text begin sections new text end 244.05, subdivision 1b new text begin ; and 244.0511 new text end .

Sec. 5.

Minnesota Statutes 2008, section 244.101, subdivision 2, is amended to read:

Subd. 2.

Explanation of sentence.

When a court pronounces an executed sentence
under this section, it shall explain: (1) the total length of the executed sentence; (2) the
amount of time the defendant will serve in prison; and (3) the amount of time the defendant
will serve on supervised release, assuming the defendant commits no disciplinary offense
in prison that results in the imposition of a disciplinary confinement period. The court
shall also explain that the amount of time the defendant actually serves in prison may be
extended by the commissioner if the defendant commits any disciplinary offenses in prison
and that this extension could result in the defendant's serving the entire executed sentence
in prison. new text begin The court shall also explain the ability of the defendant to earn supervised
release with enhanced reentry services under section 244.0511. new text end The court's explanation
shall be included in a written summary of the sentence.

Sec. 6.

Minnesota Statutes 2008, section 244.101, subdivision 3, is amended to read:

Subd. 3.

No right to supervised release.

Notwithstanding the court's explanation
of the potential length of a defendant's deleted text begin supervised deleted text end release term, the court's explanation
creates no right of a defendant to any specific, minimum length of a supervised new text begin release or
supervised new text end release new text begin with enhanced reentry services new text end term.

Sec. 7.

Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:

Subdivision 1.

Sentence to deleted text begin less than 180 days deleted text end new text begin more than one year new text end .

deleted text begin In deleted text end A felony
sentence to imprisonment deleted text begin , when the remaining term of imprisonment is deleted text end for deleted text begin 180 days
or less, the defendant deleted text end new text begin more than one year new text end shall deleted text begin be committed deleted text end new text begin commit the defendant new text end to
the custody of the commissioner of corrections deleted text begin and must serve the remaining term of
imprisonment at a workhouse, work farm, county jail, or other place authorized by law deleted text end .

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin $1,607,000 for the fiscal year ending June 30, 2010, and $1,607,000 for the fiscal
year ending June 30, 2011, are appropriated from the general fund to the commissioner
of corrections to provide enhanced reentry supervision services for inmates released
from prisons under Minnesota Statutes, section 244.0511. At the end of each fiscal year,
the commissioner shall distribute this appropriation among state and local probation
offices proportionately based on the number of inmates released under Minnesota Statutes,
section 244.0511, that the office supervised for any amount of time during the preceding
fiscal year.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, new text end new text begin are repealed.
new text end