HF 1598

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2017 12:03pm

A bill for an act
relating to corrections; establishing a program for the release of certain inmates;
requiring a report; appropriating money; amending Minnesota Statutes 2016,
sections 244.09, subdivision 7; 244.101, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapter 244.

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

Section 1.

new text begin [244.0515] RELEASE OF INMATES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A program for release of inmates under the custody of
the commissioner of corrections is established. The goal of the program is to release inmates
who no longer need to be incarcerated to protect the public.
new text end

new text begin Subd. 2. new text end

new text begin Petitions. new text end

new text begin (a) An inmate may petition for release by submitting to the
commissioner of corrections an application for release. The commissioner shall forward to
a release panel of three judges the petition of an inmate whose petition is not vetoed by the
commissioner. The commissioner may veto a petition for any reason and is not required to
state a reason for the veto.
new text end

new text begin (b) A forwarded petition shall be reviewed by a panel of three retired or sitting district
or appellate judges. The chief justice shall designate judges to serve on release panels, at
random and based on availability, taking advantage of the availability of retired judges.
new text end

new text begin (c) Before reviewing a petition, a panel shall give written notice of the petition to all
interested parties including law enforcement and correctional personnel involved in the
case, the sentencing court, the county attorney's office that prosecuted the case, and any
victims of the crime who have indicated a desire to be notified. When making its
determination, the panel must consider any written statement addressing the appropriateness
of the inmate's release from the county attorney who prosecuted the case, the sentencing
judge, law enforcement and correctional personnel involved in the case, the victim and the
victim's family members, and any other interested party.
new text end

new text begin (d) A panel, by majority vote, may approve a petition and, if approved, the inmate shall
be released from incarceration within six weeks of the date of approval of the petition. The
commissioner shall impose appropriate conditions of release and provide appropriate
supervision for the inmate in the same manner as inmates given supervised release.
new text end

new text begin (e) If an inmate's first petition is vetoed by the commissioner or rejected by a panel, the
inmate may re-petition one time after 12 months have elapsed from the date of veto or
rejection.
new text end

new text begin (f) An inmate is eligible for release under this section only after serving 60 percent of
the inmate's term of imprisonment. An inmate serving a life sentence is eligible for release
under this section after serving a minimum of 18 years.
new text end

new text begin (g) Notwithstanding paragraph (f), an inmate serving a life without the possibility of
release sentence is not eligible for release under this section.
new text end

new text begin Subd. 3. new text end

new text begin Standards. new text end

new text begin (a) The commissioner and panel judges shall consider the following
standards when reviewing a petition:
new text end

new text begin (1) the safety of the public;
new text end

new text begin (2) the readiness of the inmate to live lawfully if released;
new text end

new text begin (3) the quality of the inmate's participation in Department of Corrections programs while
incarcerated and changes in self-control achieved during incarceration;
new text end

new text begin (4) the severity of the underlying crime for which release is being sought and the severity
and duration of the crime's consequences on any victims; and
new text end

new text begin (5) other standards considered relevant for judging the likelihood of lawful behavior
after release.
new text end

new text begin (b) An inmate is not disqualified for release under this section based on the inmate not
having strong family ties in the community, an immediate job, or housing arrangements, if
these issues can be adequately addressed in the inmate's discharge plan.
new text end

new text begin Subd. 4. new text end

new text begin Records. new text end

new text begin The commissioner shall provide to the release panel reviewing a
petition the record of:
new text end

new text begin (1) the petitioner during incarceration;
new text end

new text begin (2) the petitioner's offense; and
new text end

new text begin (3) any psychological or other test of the petitioner designed to measure factors relevant
to the readiness of the petitioner for release, including self-control.
new text end

new text begin The commissioner shall administer to a petitioner any tests requested by a release panel.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin A panel judge shall be reimbursed for expenses and a retired
judge shall be compensated at the rate of compensation provided as if designated to sit as
a retired judge on a district court.
new text end

new text begin Subd. 6. new text end

new text begin Conflicting provisions; other applicable law. new text end

new text begin (a) This section supersedes any
conflicting section of law relating to the release of inmates from a correctional facility.
new text end

new text begin (b) Inmates not released under this section are subject to other applicable laws relating
to release from a correctional facility.
new text end

new text begin Subd. 7. new text end

new text begin Administrative support. new text end

new text begin The Department of Corrections shall provide office
space and administrative support to the release panels under this section.
new text end

new text begin Subd. 8. new text end

new text begin Reports. new text end

new text begin By February 1 of each year, the commissioner, in consultation with
the Sentencing Guidelines Commission, shall report to the chairs and ranking minority
members of the senate and house of representatives committees having jurisdiction over
criminal justice on the early release program. At a minimum, the report must specify for
the preceding calendar year the number of inmates who applied for release, the number of
inmates whose petition was initially vetoed by the commissioner, and the number of inmates
whose petition was approved by a panel. The report must include information related to the
race, ethnicity, gender, and crime for which the inmate was seeking release, along with the
reason for approval or rejection, if known. In addition, the report must include data on
recidivism for inmates previously released under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 244.09, subdivision 7, is amended to read:

Subd. 7.

Study.

deleted text begin After the implementation of the Sentencing Guidelines promulgated by
the commission deleted text end new text begin On an ongoing basis new text end , the commission shall study deleted text begin their deleted text end new text begin the new text end impact new text begin of the
Sentencing Guidelines new text end and review the powers and duties of the commissioner of corrections new text begin
and any release panels under section 244.0515 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, 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; deleted text begin and deleted text end (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 new text begin ; and (4) the possibility
of release under section 244.0515 new text end . 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. The court's explanation shall be
included in a written summary of the sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2018 from the general fund to the commissioner of
corrections for the program established under Minnesota Statutes, section 244.0515. Of this
amount, $....... is to compensate retired judges and to pay expenses of the release panels,
and $....... is for the increased costs for supervised release agents under the Department of
Corrections and for grants to counties to pay for county agents to supervise inmates released
under Minnesota Statutes, section 244.0515.
new text end