HF 2515

as introduced - 90th Legislature (2017 - 2018) Posted on 03/28/2017 05:08pm

A bill for an act
relating to public safety; requiring probation and parole agents to consider and
recommend local options to address technical violations by nonviolent controlled
substance offenders; appropriating money to facilitate access to local programs;
amending Minnesota Statutes 2016, sections 243.05, subdivision 1; 244.05,
subdivision 3; 244.198, by adding a subdivision; 609.14, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 243.05, subdivision 1, is amended to read:

Subdivision 1.

Conditional release.

(a) The commissioner of corrections may parole
any person sentenced to confinement in any state correctional facility for adults under the
control of the commissioner of corrections, provided that:

(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;

(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;

(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.

(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.

(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.

(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.

(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.

(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.

(h) Unless the district court directs otherwise, state parole and probation agents may
require a person who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the offender's rehabilitation, or both. Agents may impose up to eight hours of community
work service for each violation and up to a total of 24 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community work services, for a total
of 64 hours per offender per 12-month period, beginning with the date on which community
work service is first imposed. At the time community work service is imposed, parole and
probation agents are required to provide written notice to the offender that states:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed for the violation; and

(3) the total number of hours of community work service imposed to date in the 12-month
period.

An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.

Community work service includes sentencing to service.

new text begin (i) Prior to revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient chemical dependency treatment. If a probation or parole agent
determines that community options are appropriate, the agent shall seek to restructure the
offender's terms of release to incorporate those options. If an offender on probation stipulates
in writing to restructure the terms of release, a probation agent must forward a report to the
district court containing:
new text end

new text begin (1) the specific nature of the technical violation of probation;
new text end

new text begin (2) the recommended restructure to the terms of probation; and
new text end

new text begin (3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
new text end

new text begin The recommended restructuring of probation becomes effective when confirmed by a
judge. The order of the court shall be proof of such confirmation and amend the terms of
the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
offender's parole or probation is revoked, the offender's agent must first attempt to place
the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
offender" is a person who meets the criteria described under section 244.0513, subdivision
2, clauses (1), (2), and (5), and "technical violation" has the meaning given in section
244.196, subdivision 6.
new text end

Sec. 2.

Minnesota Statutes 2016, section 244.05, subdivision 3, is amended to read:

Subd. 3.

Sanctions for violation.

If an inmate violates the conditions of the inmate's
supervised release imposed by the commissioner, the commissioner may:

(1) continue the inmate's supervised release term, with or without modifying or enlarging
the conditions imposed on the inmate; or

(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
period of time.

new text begin Prior to revoking a nonviolent controlled substance offender's supervised release based
on a technical violation, when the offender does not present a risk to the public and the
offender is amenable to continued supervision in the community, the commissioner must
identify community options to address and correct the violation including, but not limited
to, inpatient chemical dependency treatment. If the commissioner determines that community
options are appropriate, the commissioner shall restructure the inmate's terms of release to
incorporate those options. If a nonviolent controlled substance offender's supervised release
is revoked, the offender's agent must first attempt to place the offender in a local jail. For
purposes of this subdivision, "nonviolent controlled substance offender" is a person who
meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2), and (5),
and "technical violation" has the meaning given in section 244.196, subdivision 6.
new text end

The period of time for which a supervised release may be revoked may not exceed the
period of time remaining in the inmate's sentence, except that if a sex offender is sentenced
and conditionally released under Minnesota Statutes 2004, section 609.108, subdivision 5,
the period of time for which conditional release may be revoked may not exceed the balance
of the conditional release term.

Sec. 3.

Minnesota Statutes 2016, section 244.198, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Alternatives to incarceration. new text end

new text begin At a sanctions conference regarding a
nonviolent controlled substance offender, when the offender does not present a risk to the
public and the offender is amenable to continued supervision in the community, a probation
agency must identify community options to address and correct the violation including, but
not limited to, inpatient chemical dependency treatment. If the agency determines that
community options are appropriate, the county probation officer shall recommend a sanction
that incorporates those options. For purposes of this subdivision, "nonviolent controlled
substance offender" is a person who meets the criteria described under section 244.0513,
subdivision 2, clauses (1), (2), and (5).
new text end

Sec. 4.

Minnesota Statutes 2016, section 609.14, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Alternatives to incarceration. new text end

new text begin (a) A probation agent must present the court
with local options to address and correct the violation including, but not limited to, inpatient
chemical dependency treatment when the defendant at a summary hearing provided by
subdivision 2 is:
new text end

new text begin (1) a nonviolent controlled substance offender;
new text end

new text begin (2) subject to supervised probation;
new text end

new text begin (3) appearing based on a technical violation; and
new text end

new text begin (4) admitting or found to have violated any of the conditions of probation.
new text end

new text begin (b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
(2), and (5), and "technical violation" has the meaning given in section 244.196, subdivision
6.
new text end

Sec. 5. new text begin ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.
new text end

new text begin (a) $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the
general fund to the Department of Corrections. Agencies providing supervision to offenders
on probation, parole, or supervised release are eligible for grants to facilitate access to
community options including, but not limited to, inpatient chemical dependency treatment
for nonviolent controlled substance offenders to address and correct behavior that is, or is
likely to result in, a technical violation of the conditions of release. For purposes of this
section, "nonviolent controlled substance offender" is a person who meets the criteria
described under Minnesota Statutes, section 244.0513, subdivision 2, clauses (1), (2), and
(5), and "technical violation" has the meaning given in Minnesota Statutes, section 244.196,
subdivision 6.
new text end

new text begin (b) The Department of Corrections shall establish criteria for selecting grant recipients
and the amount awarded to each grant recipient.
new text end

new text begin (c) By January 15, 2019, the commissioner of corrections shall submit a report to the
chairs of the house of representatives and senate committees with jurisdiction over public
safety policy and finance. At a minimum, the report must include:
new text end

new text begin (1) the total number of grants issued under this program;
new text end

new text begin (2) the average amount of each grant;
new text end

new text begin (3) the community services accessed as a result of the grants;
new text end

new text begin (4) a summary of the type of supervision offenders were under when a grant was used
to help access a community option;
new text end

new text begin (5) the number of individuals who completed, and the number who failed to complete,
programs accessed as a result of this grant; and
new text end

new text begin (6) the number of individuals who violated the terms of release following participation
in a program accessed as a result of this grant, separating technical violations and new
criminal offenses.
new text end