HF 1149

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to corrections; creating a conditional 
  1.3             release board with the authority to order the 
  1.4             conditional release of certain older state prison 
  1.5             inmates who have served a significant portion of their 
  1.6             sentence and whose release does not pose a danger to 
  1.7             the public or any individual; proposing coding for new 
  1.8             law in Minnesota Statutes, chapter 244. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [244.054] [CONDITIONAL RELEASE OF OLDER 
  1.11  PRISONERS.] 
  1.12     Subdivision 1.  [CONDITIONAL RELEASE BOARD; CREATION.] A 
  1.13  conditional release board is created with the authority to 
  1.14  release offenders committed to the custody of the commissioner 
  1.15  of corrections who meet the requirements of this section and of 
  1.16  any rules adopted by the board.  
  1.17     Subd. 2.  [MEMBERSHIP.] (a) The board consists of the 
  1.18  following seven members: 
  1.19     (1) the commissioner of corrections or a designee; 
  1.20     (2) the commissioner of public safety or a designee; 
  1.21     (3) the attorney general or a designee; and 
  1.22     (4) four public members appointed by the governor with the 
  1.23  advice and consent of the senate.  
  1.24     (b) Members of the board appointed by the governor under 
  1.25  paragraph (a), clause (4), are not required to have specific 
  1.26  academic or professional qualifications but must have knowledge 
  1.27  of or experience in corrections or related fields and must be 
  2.1   selected based on their sound judgment and their ability to 
  2.2   consider both the needs of persons over whom the board has 
  2.3   jurisdiction and the safety of the public.  At least one of the 
  2.4   public members must be male, at least one must be female, and at 
  2.5   least one must be a member of a racial minority group. 
  2.6      (c) Members of the board shall serve for a term of six 
  2.7   years and are eligible for reappointment. 
  2.8      (d) The removal of members appointed by the governor under 
  2.9   paragraph (a), clause (4), and the filling of their vacant 
  2.10  positions is governed by section 15.0575. 
  2.11     Subd. 3.  [CONDITIONAL RELEASE OF CERTAIN OLDER PRISONERS.] 
  2.12  Any offender who has been committed to the custody of the 
  2.13  commissioner may petition the board for conditional release from 
  2.14  prison before the offender's scheduled supervised release date 
  2.15  or target release date if: 
  2.16     (1) the offender has reached the age of 65 years and has 
  2.17  served at least five years of the offender's term of 
  2.18  imprisonment; or 
  2.19     (2) the offender has reached the age of 60 years and has 
  2.20  served at least ten years of the offender's term of imprisonment.
  2.21  An offender sentenced to life imprisonment who meets the 
  2.22  qualifications of this subdivision and who is eligible for 
  2.23  supervised release under section 244.05, subdivision 5, is 
  2.24  eligible for conditional release under this section, 
  2.25  notwithstanding section 244.05, subdivision 4. 
  2.26     Subd. 4.  [RELEASE PROCEDURES.] The board may not grant 
  2.27  conditional release to any offender under this section unless 
  2.28  the board determines that the offender's release will not pose a 
  2.29  danger to the public or any individual.  In making its 
  2.30  determination, the board shall follow the procedures contained 
  2.31  in section 244.05, subdivision 5, and the rules adopted by the 
  2.32  commissioner of corrections under it.  The board also shall 
  2.33  consider the offender's custody classification and level of risk 
  2.34  of violence and the availability of appropriate community 
  2.35  supervision for the offender.  Conditional release granted under 
  2.36  this section continues until the offender's sentence expires 
  3.1   unless release is rescinded under subdivision 5. 
  3.2      Subd. 5.  [CONDITIONAL RELEASE.] The conditions of any 
  3.3   release granted under this section are governed by the statutes 
  3.4   and rules governing supervised release under this chapter, 
  3.5   except that release may be rescinded without hearing by the 
  3.6   conditional release board if the board determines that 
  3.7   continuation of the conditional release poses a danger to the 
  3.8   public or to any individual.  If the board rescinds an 
  3.9   offender's conditional release, the offender shall be returned 
  3.10  to prison and shall serve the remaining portion of the 
  3.11  offender's sentence. 
  3.12     Subd. 6.  [APPLICABILITY TO CONDITIONAL MEDICAL 
  3.13  RELEASE.] The conditional release provisions of this section 
  3.14  supplement the authority of the commissioner to order that an 
  3.15  inmate be placed on conditional medical release under section 
  3.16  244.05, subdivision 8. 
  3.17     Sec. 2.  [EFFECTIVE DATE.] 
  3.18     Section 1 is effective August 1, 1999, and applies to 
  3.19  offenders serving terms of imprisonment on or after that date.