HF 2672

as introduced - 87th Legislature (2011 - 2012) Posted on 03/05/2012 01:50pm

A bill for an act
relating to crimes; authorizing death penalty for capital offenses; providing
statutory framework, including procedures and criteria for imposition of death
penalty; authorizing Board of Pardons to hear petitions for commutations of
death penalty sentences; providing for automatic appellate review of death
penalty cases; providing for appointment of attorneys in death penalty cases;
providing administrative framework for implementing death penalty; amending
Minnesota Statutes 2010, sections 243.05, subdivision 1; 609.10, subdivision 1;
609.106, by adding a subdivision; 609.12, subdivision 1; 609.135, subdivision
1; 609.185; proposing coding for new law in Minnesota Statutes, chapter 638;
proposing coding for new law as Minnesota Statutes, chapter 244A.

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

ARTICLE 1

DEATH PENALTY PROCEDURES

Section 1.

new text begin [244A.01] REQUIRING NOTICE BY STATE IN DEATH PENALTY
CASES.
new text end

new text begin If the state intends to seek the death penalty for a capital offense, the prosecuting
attorney shall sign and file with the court, and serve upon the defendant, a notice that the
state will seek the sentence of death in the event of conviction. The notice must be filed
and served within a reasonable time before trial or acceptance by the court of a plea of
guilty. If the prosecuting attorney does not comply with the notice requirements of this
section, the court may not impose the death penalty under section 244A.05.
new text end

Sec. 2.

new text begin [244A.02] APPOINTMENT OF ATTORNEYS IN CAPITAL CASES.
new text end

new text begin Upon notification under section 244A.01 that the prosecuting attorney intends to
seek the death penalty, the court shall order the appointment of two attorneys to counsel
the defendant, at least one of whom has had significant criminal defense experience,
unless the court is satisfied that the defendant has retained a competent attorney. If the
defendant is not represented by an attorney and is not able to afford one, the court shall
order the appropriate district public defender to assign two public defenders. If the
defendant is convicted and sentenced to death, the state public defender shall represent
the defendant during the appeal process.
new text end

Sec. 3.

new text begin [244A.03] SENTENCE OF DEATH FOR CAPITAL OFFENSES;
SENTENCING PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "first degree murder"
means murder in the first degree as defined in section 609.185.
new text end

new text begin Subd. 2. new text end

new text begin Capital offenses. new text end

new text begin A person who commits any of the following offenses is
guilty of a capital offense and is eligible for the death penalty:
new text end

new text begin (1) murder in the first degree under section 609.185, paragraph (a), clause (2), (3),
(4), or (7);
new text end

new text begin (2) first degree murder and the victim was under six years of age;
new text end

new text begin (3) first degree murder while escaping or attempting to escape from a prison, jail,
or security hospital;
new text end

new text begin (4) first degree murder and the murder was committed for remuneration or the
promise of remuneration or employs another to commit the murder for remuneration
or the promise of remuneration;
new text end

new text begin (5) first degree murder and the person murders more than one person during
the criminal transaction or during different criminal transactions but the murders are
committed pursuant to the same scheme or course of conduct;
new text end

new text begin (6) first degree murder of a person in retaliation for or on account of the service or
status of the other person as a judge or justice of the Supreme Court, Court of Appeals, or
a district court, county attorney, or public defender;
new text end

new text begin (7) first degree murder and the offender has a prior conviction for murder in the first
degree or a similar offense under the laws of another jurisdiction; or
new text end

new text begin (8) first degree murder and the offender has a prior conviction for criminal sexual
conduct under section 609.342 or 609.343 against a victim under the age of 12.
new text end

new text begin Subd. 3. new text end

new text begin Minors. new text end

new text begin When a defendant is found guilty of a capital offense, the court
shall impose a sentence other than death if the defendant was under 18 years of age at
the time of the commission of the crime.
new text end

new text begin Subd. 4. new text end

new text begin DNA evidence. new text end

new text begin A court in a capital offense case must consider all DNA
evidence that is offered by the prosecuting attorney or the defendant. The court must also
grant each reasonable request by the defendant for forensic testing of biological matter.
new text end

new text begin Subd. 5. new text end

new text begin Separate sentencing proceeding to determine if death penalty
warranted. new text end

new text begin (a) If a defendant is convicted of a capital offense, the court shall conduct a
separate proceeding to determine whether the defendant should be sentenced to death or to
a sentence other than death as required by law. The proceeding must be conducted before
the court sitting with the jury that determined the defendant's guilt or, if the court, for good
cause shown, discharges that jury, with a new jury impaneled for the purpose.
new text end

new text begin (b) In the proceeding, evidence may be presented about any matter that the court
considers relevant to the sentence, including the nature and circumstances of the crime,
the defendant's character, background, history, and mental and physical condition. Any
evidence relevant to the sentence, not legally privileged, that the court considers to have
probative force, may be received, regardless of its admissibility under the exclusionary
rules of evidence. The defendant's counsel must be given a fair opportunity to rebut the
evidence. The prosecuting attorney and the defendant or defendant's counsel must be
permitted to present arguments for or against a sentence of death.
new text end

new text begin (c) On conclusion of the presentation of the evidence, the court shall submit the
following issues to the jury:
new text end

new text begin (1) whether there is a probability that the defendant would commit criminal acts of
violence that would constitute a continuing threat to society; and
new text end

new text begin (2) in cases in which the jury charge at the guilt or innocence stage permitted the jury
to find the defendant guilty for criminal conduct of another, whether the defendant actually
caused the death of the deceased or did not actually cause the death of the deceased but
intended to kill the deceased or another or anticipated that a human life would be taken.
new text end

new text begin (d) The state must prove each issue submitted under paragraph (c) beyond a
reasonable doubt, and the jury shall return a special verdict of "yes" or "no" on each issue
submitted under paragraph (c).
new text end

new text begin (e) The court shall charge the jury that:
new text end

new text begin (1) in deliberating on the issues submitted under paragraph (c), it shall consider all
evidence admitted at the guilt or innocence stage and the punishment stage, including
evidence of the defendant's background or character or the circumstances of the offense
that militates for or mitigates against the imposition of the death penalty;
new text end

new text begin (2) it may not answer any issue submitted under paragraph (c) "yes" unless it agrees
unanimously and it may not answer any issue "no" unless ten or more jurors agree; and
new text end

new text begin (3) members of the jury need not agree on what particular evidence supports a
negative answer to any issue submitted under paragraph (c).
new text end

new text begin (f)(1) The court shall instruct the jury that if the jury returns an affirmative finding to
each issue submitted under paragraph (c), it shall answer the following issue:
new text end

new text begin Whether, taking into consideration all of the evidence, including the circumstances
of the offense, the defendant's character and background, and the personal moral
culpability of the defendant, there is a sufficient mitigating circumstance or circumstances
to warrant that a sentence of life imprisonment without parole rather than a death sentence
be imposed.
new text end

new text begin (2) The court shall:
new text end

new text begin (i) instruct the jury that if the jury answers that a circumstance or circumstances
warrant that a sentence of life imprisonment without parole rather than a death sentence be
imposed, the court will sentence the defendant to imprisonment for life without parole; and
new text end

new text begin (ii) charge the jury that a defendant sentenced to confinement for life without parole
under this article is ineligible for release on parole.
new text end

new text begin (g) The court shall charge the jury that in answering the issue submitted under
paragraph (f), the jury:
new text end

new text begin (1) shall answer the issue "yes" or "no";
new text end

new text begin (2) may not answer the issue "no" unless it agrees unanimously and may not answer
the issue "yes" unless ten or more jurors agree;
new text end

new text begin (3) need not agree on what particular evidence supports an affirmative finding on
the issue; and
new text end

new text begin (4) shall consider mitigating evidence to be evidence that a juror might regard as
reducing the defendant's moral blameworthiness.
new text end

new text begin (h) If the jury returns an affirmative finding on each issue submitted under paragraph
(c) and a negative finding on an issue submitted under paragraph (f), clause (1), the court
shall sentence the defendant to death. If the jury returns a negative finding on any issue
submitted under paragraph (c) or an affirmative finding on an issue submitted under
paragraph (f), clause (1), or is unable to answer any issue submitted under paragraph (c) or
(f), the court shall sentence the defendant to confinement in the Minnesota Department of
Corrections for life imprisonment without parole.
new text end

Sec. 4.

new text begin [244A.04] DEVELOPMENTALLY DISABLED; EXCLUSION FROM
DEATH PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, "developmentally disabled"
means the condition of significantly subaverage general intellectual functioning existing
concurrently with significant deficits in adaptive behavior and manifested prior to the
age of 18.
new text end

new text begin Subd. 2. new text end

new text begin Notice; developmentally disabled hearing. new text end

new text begin In any case in which the
prosecution has provided notice of an intent to seek the death penalty under section
244A.01, the defendant may, at a reasonable time prior to the commencement of trial,
apply for an order directing that a developmentally disabled hearing be conducted. The
court shall promptly conduct a hearing without a jury to determine whether the defendant
is developmentally disabled.
new text end

new text begin Subd. 3. new text end

new text begin Hearing. new text end

new text begin At a developmentally disabled hearing, the defendant shall
have the initial burden to present some evidence of developmental disability. Once this
evidence is presented by the defendant, the burden of proof shall be on the prosecution to
prove beyond a reasonable doubt that the defendant is not developmentally disabled. The
defendant may present further evidence in response to the prosecution's case. If the court
finds that the prosecution has failed to meet its burden of proof, it shall preclude the death
penalty, and a trial thereafter shall be conducted as in any other case in which a sentence
of death is not sought by the prosecution.
new text end

new text begin Subd. 4. new text end

new text begin Inadmissibility. new text end

new text begin If the defendant is subjected to an examination for
purposes of this section, any statement made by the defendant during the examination shall
be inadmissible in evidence against the defendant in any criminal action or proceeding on
any issue other than whether the defendant is developmentally disabled.
new text end

new text begin Subd. 5. new text end

new text begin Developmentally disabled evidence; trial. new text end

new text begin A ruling by the court that
the death penalty is not precluded under this section shall not restrict the defendant's
opportunity to introduce evidence of developmental disability during trial or to argue that
the evidence should be given mitigating significance. The jury shall not be informed of
any ruling denying a defendant's motion under this section.
new text end

Sec. 5.

new text begin [244A.05] IMPOSITION OF DEATH SENTENCE; MODE OF
EXECUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Decision. new text end

new text begin (a) Only the jury sitting as a trier of fact may return a
sentence of death. The jury vote for the sentence of death must be unanimous.
new text end

new text begin (b) The court shall instruct the jury on the requirements of this subdivision. At that
time, the court shall also inform the jury of the nature of the sentence of imprisonment that
may be imposed if the jury verdict is against a sentence of death.
new text end

new text begin Subd. 2. new text end

new text begin Imposition of death. new text end

new text begin (a) The court shall sentence the defendant to death
when the jury unanimously:
new text end

new text begin (1) finds beyond a reasonable doubt that the offender committed a capital offense;
and
new text end

new text begin (2) recommends that the sentence of death be imposed under section 244A.03,
subdivision 5.
new text end

new text begin (b) When the jury does not recommend a sentence of death, the court shall sentence
the defendant to imprisonment as provided by law.
new text end

new text begin Subd. 3. new text end

new text begin Sentence of death precluded. new text end

new text begin A sentence of death must not be carried
out upon a person who is under 18 years of age at the time the crime was committed.
A sentence of death must not be carried out upon a person who, by reason of a mental
disease or defect, is unable to understand the impending death or the reasons for it. A
sentence of death must not be carried out upon a person who is pregnant. A sentence of
death must not be carried out upon a person whom the prosecution has failed to prove not
developmentally disabled under section 244A.04.
new text end

new text begin Subd. 4. new text end

new text begin Execution by lethal injection. new text end

new text begin When the court sentences a defendant to
death under subdivision 2, the order of execution must be carried out by administration of
a continuous, intravenous injection of a lethal quantity of an ultra-fast-acting barbiturate in
combination with a chemical paralytic agent until a licensed physician pronounces that
the defendant is dead according to accepted standards of medical practice. The execution
by lethal injection must be performed by a person selected by the chief executive officer
of the maximum security facility at which the execution will take place and trained to
administer the injection. The person administering the injection need not be a physician,
registered nurse, or licensed practical nurse licensed or registered under the laws of this or
another state.
new text end

Sec. 6.

new text begin [244A.06] SENTENCING COURT; ADMINISTRATIVE
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Date of execution. new text end

new text begin In pronouncing a sentence of death, the court
shall set the date of execution not less than 60 days nor more than 90 days from the date
the sentence is pronounced. If execution has been stayed by a court and the date set for
execution has passed before dissolution of the stay, the court in which the defendant was
previously sentenced shall, upon dissolution of the stay, set a new date of execution not
less than five nor more than 90 days from the day the date is set. The defendant is entitled
to be present in court on the day the new date of execution is set.
new text end

new text begin Subd. 2. new text end

new text begin Copies of order of execution. new text end

new text begin When a person is sentenced to death, the
court administrator shall prepare certified copies of the judgment and order of execution
and send these documents to the governor, defendant, defendant's counsel, attorney
general, chief justice of the Supreme Court, state court administrator, and the state public
defender's office within five business days following entrance of the order of execution.
new text end

new text begin Subd. 3. new text end

new text begin Delivery of defendant to maximum security facility. new text end

new text begin Pending execution
of a sentence of death, the sheriff or other chief law enforcement officer who has custody
of the defendant shall deliver the defendant to the maximum security facility designated
by the commissioner of corrections to be the place where the execution is to be held.
new text end

Sec. 7.

new text begin [244A.07] REVIEW OF DEATH SENTENCES BY SUPREME COURT.
new text end

new text begin Subdivision 1. new text end

new text begin Automatic review. new text end

new text begin The judgment of conviction and a sentence
of death are subject to automatic review by the Supreme Court within 60 days after
certification by the sentencing court of the entire record. The review by the Supreme Court
has priority over all other cases and must be heard in accordance with rules adopted by
the Supreme Court.
new text end

new text begin Subd. 2. new text end

new text begin Transcript. new text end

new text begin The court administrator, within ten days after receiving the
transcript, shall transmit the entire record and transcript to the Supreme Court together
with a notice prepared by the administrator and a report prepared by the trial judge. The
notice must set forth the title and docket number of the case, the name of the defendant,
the name and address of the defendant's attorney, a narrative statement of the judgment,
the offense, and the punishment prescribed. The report must be in the form of a standard
questionnaire prepared and supplied by the Supreme Court.
new text end

new text begin Subd. 3. new text end

new text begin Review guidelines; reformation of sentence in capital case. new text end

new text begin In
determining whether a death sentence should be reformed to a sentence of life without
parole, the Supreme Court shall determine whether:
new text end

new text begin (1) there is legally sufficient evidence to support an affirmative answer to an issue
submitted to the jury under section 244A.03, subdivision 5, paragraph (c); or
new text end

new text begin (2) there is reversible error.
new text end

new text begin Subd. 4. new text end

new text begin Briefs. new text end

new text begin Both the defendant and the state have the right to submit briefs
within the time provided by the court and to present oral argument to the court.
new text end

new text begin Subd. 5. new text end

new text begin Decision. new text end

new text begin The Supreme Court shall:
new text end

new text begin (1) affirm the sentence of death;
new text end

new text begin (2) reform the sentence to life without parole; or
new text end

new text begin (3) set the sentence aside and remand the case for resentencing by the trial judge
based on the record and argument of counsel.
new text end

new text begin Subd. 6. new text end

new text begin Notice to governor. new text end

new text begin Within five business days after reaching a decision
under subdivision 5, the Supreme Court shall notify the governor whether the death
sentence has been affirmed, reformed, or set aside.
new text end

Sec. 8.

new text begin [244A.08] UNIFIED REVIEW PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin Procedure. new text end

new text begin The Supreme Court shall establish by rule a unified
review procedure to provide for the presentation to the sentencing court and to the
Supreme Court of all possible challenges to the trial, conviction, sentence, and detention
of defendants upon whom the sentence of death has been or may be imposed. The unified
review procedure governs both pretrial and posttrial appellate review of death penalty
cases.
new text end

new text begin Subd. 2. new text end

new text begin Writ of habeas corpus. new text end

new text begin Nothing in this section or in the rules of the
Supreme Court limits or restricts the grounds of review or suspends the rights or remedies
available through the procedures governing the writ of habeas corpus.
new text end

Sec. 9.

new text begin [244A.09] STAY OF EXECUTION OF DEATH.
new text end

new text begin Subdivision 1. new text end

new text begin Governor or appeal. new text end

new text begin The execution of a death sentence may be
stayed only by the governor or incident to an appeal.
new text end

new text begin Subd. 2. new text end

new text begin Proceedings when inmate under sentence of death appears to be
mentally ill or pregnant. new text end

new text begin If the governor is informed that an inmate under sentence of
death may be mentally ill or pregnant, the governor shall stay execution of the sentence
and require the sentencing court to order a mental or physical examination of the inmate,
as appropriate.
new text end

new text begin Subd. 3. new text end

new text begin Examination and hearing. new text end

new text begin (a) If the court orders a mental examination
of the inmate, it shall appoint at least one qualified psychiatrist, clinical psychologist, or
physician experienced in the field of mental illness to examine the defendant and report
on the defendant's mental condition. If the inmate or prosecution has retained a qualified
psychiatrist, clinical psychologist, or physician experienced in the field of mental illness,
the court on request of the inmate or prosecuting attorney shall direct that the psychiatrist,
clinical psychologist, or physician be permitted to observe the mental examination and to
conduct a mental examination of the inmate.
new text end

new text begin (b) At the conclusion of the examination, the examiner shall submit a written report
to the court and send copies to the prosecuting attorney and defense attorney. The report
must contain a diagnosis of the inmate's mental condition and whether the inmate has the
mental capacity to understand the nature of the death penalty and the reasons why it
was imposed.
new text end

new text begin (c) If the court orders a physical examination, it shall appoint a qualified physician to
examine the inmate and report on whether the inmate is pregnant.
new text end

new text begin (d) The hearing shall be scheduled so that the parties have adequate time to prepare
and present arguments regarding the issue of mental illness or pregnancy. The parties may
submit written arguments to the court before the date of the hearing and may make oral
arguments before the court at the sentencing hearing. Before the hearing, the court shall
send to the defendant or the defendant's attorney and the prosecuting attorney copies of
the mental or physical examination.
new text end

new text begin Subd. 4. new text end

new text begin Mental illness. new text end

new text begin (a) If the court decides that the inmate has the mental
capacity to understand the nature of the death penalty and why it was imposed, the court
shall so inform the governor. The governor shall issue a warrant to the chief executive
officer of the maximum security facility where the execution is to be held directing the
officer to execute the sentence at a time designated in the warrant.
new text end

new text begin (b) If the court decides that the inmate does not have the mental capacity to
understand the nature of the death penalty and why it was imposed, the court shall so
inform the governor. The governor shall have the inmate committed to the St. Peter
Regional Treatment Center.
new text end

new text begin (c) A person under sentence of death who has been committed to the St. Peter
Regional Treatment Center shall be kept there until the proper official of the hospital
determines that the person has been restored to mental health. The hospital official shall
then notify the governor of the official's determination, and the governor shall request the
sentencing court to proceed as provided in this section.
new text end

new text begin Subd. 5. new text end

new text begin Pregnancy. new text end

new text begin (a) If the court determines that the inmate is not pregnant, the
court shall inform the governor. The governor shall issue a warrant to the chief executive
officer of the maximum security facility where the execution is to be held directing the
chief executive officer to execute the sentence at a time designated in the warrant.
new text end

new text begin (b) If the court determines that the inmate is pregnant, the court shall inform the
governor. The governor shall stay execution of sentence during the pregnancy.
new text end

new text begin (c) If the court determines that an inmate whose execution has been stayed because
of pregnancy is no longer pregnant, the court shall inform the governor. The governor
shall issue a warrant to the chief executive officer directing the chief executive officer to
execute the sentence at a time designated in the warrant.
new text end

Sec. 10.

new text begin [244A.10] GOVERNOR'S DUTIES; ISSUANCE OF DEATH WARRANT.
new text end

new text begin When notified by the Supreme Court under section 244A.06 that a death sentence
has been upheld, the governor shall issue a death warrant, attach it to a copy of the record,
including the trial court's order of execution and the Supreme Court's affirming opinion,
and send it to the chief executive officer of the maximum security facility where the
inmate under sentence of death is being held. The warrant must direct that officer to
execute the sentence at a time designated in the warrant. When notified by the Supreme
Court under section 244A.06 that a death sentence has been set aside, the governor shall
order the commissioner of corrections to remove the inmate under sentence of death from
the unit where inmates under sentence of death are confined and reassign the inmate
consistent with the Supreme Court's opinion.
new text end

Sec. 11.

new text begin [244A.11] COMMISSIONER OF CORRECTIONS; DUTIES;
DESIGNATION OF PLACE OF EXECUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Maximum security facilities. new text end

new text begin The commissioner of corrections shall
designate one or more maximum security facilities at which executions of inmates under
death sentence will take place. In each maximum security facility designated as a place
where executions will take place, the commissioner shall establish and maintain a unit
for the segregated confinement of inmates under sentence of death. The commissioner
may establish a capital punishment unit under the supervision of a deputy or assistant
commissioner to administer the functions relating to administering the death penalty
under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Place of execution. new text end

new text begin The chief executive officer of a maximum security
facility where executions will take place shall provide a suitable and efficient room
or place in which executions will be carried out, enclosed from public view, and all
implements necessary to executions. The chief executive officer shall select the person to
perform executions and the chief executive officer or the officer's designee shall supervise
the execution.
new text end

new text begin Subd. 3. new text end

new text begin Executioner's identity; private data. new text end

new text begin Information relating to the
identity and compensation of the executioner is private data as defined in section 13.02,
subdivision 12. The chief executive officer of the maximum security facility is not
required to record the name of an individual acting as an executioner or any information
that could identify that individual.
new text end

new text begin Subd. 4. new text end

new text begin Regulation of execution. new text end

new text begin The chief executive officer of the maximum
security facility holding an execution or a deputy designated by that officer must be
present at the execution. The chief executive officer shall set the day for execution within
the week designated by the governor in the warrant.
new text end

new text begin Subd. 5. new text end

new text begin Witness to execution. new text end

new text begin Twelve citizens selected by the chief executive
officer must witness the execution. The chief executive officer shall select six
representatives of the news media to witness the execution. Counsel for the inmate under
sentence of death and members of the clergy requested by the inmate may be present at
the execution. All other persons, except correctional facility officers and the executioner,
must be excluded during the execution.
new text end

new text begin Subd. 6. new text end

new text begin Reading death warrant. new text end

new text begin The warrant authorizing the execution must be
read to the convicted person immediately before death.
new text end

new text begin Subd. 7. new text end

new text begin Return of death warrant of execution issued by governor. new text end

new text begin After the
death sentence has been executed, the chief executive officer of the maximum security
facility where the execution took place shall return to the governor the warrant and a
signed statement of the execution. The chief executive officer shall file an attested copy of
the warrant and statement with the court administrator that imposed the sentence.
new text end

new text begin Subd. 8. new text end

new text begin Sentence of death unexecuted for unjustifiable reasons. new text end

new text begin If a death
sentence is not executed because of unjustified failure of the governor to issue a warrant
or for any other unjustifiable reason, on application of the attorney general, the Supreme
Court shall issue a warrant directing the sentence to be executed during a week designated
in the warrant.
new text end

new text begin Subd. 9. new text end

new text begin Return of warrant of execution issued by Supreme Court. new text end

new text begin After the
sentence has been executed under a warrant issued by the Supreme Court, the chief
executive officer shall return to the Supreme Court the warrant and a signed statement of
the execution. The chief executive officer shall file an attested copy of the warrant and
statement with the court administrator that imposed the sentence. The chief executive
officer shall send to the governor an attested copy of the warrant and statement.
new text end

Sec. 12.

new text begin [244A.12] ATTORNEY GENERAL ASSISTANCE.
new text end

new text begin The attorney general shall assist in the prosecution of cases involving the death
penalty if requested to do so by the county attorney.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective August 1, 2012, and apply to crimes committed on or
after that date.
new text end

ARTICLE 2

COMMUTATION OF DEATH PENALTY SENTENCES

Section 1.

new text begin [638.09] BOARD OF PARDONS; COMMUTATION OF DEATH
PENALTY SENTENCES.
new text end

new text begin Subdivision 1. new text end

new text begin Petitions. new text end

new text begin (a) The Board of Pardons shall hear petitions for
commutations of death penalty sentences as provided in this subdivision.
new text end

new text begin (b) Only the person who has been sentenced to death or the person's counsel may
petition the board for commutation. The petition must be in writing, signed by the person
sentenced to death, and include a statement of the grounds upon which the petitioner
seeks review.
new text end

new text begin (c) The state shall be permitted to respond in writing to the petition as may be
established by board rules under subdivision 4. The board shall review the petition and
determine whether the petition presents a substantial issue which has not been reviewed in
the judicial process.
new text end

new text begin (d) The board must not consider legal issues, including constitutional issues, which:
new text end

new text begin (1) have been reviewed previously by the courts;
new text end

new text begin (2) should have been raised during the judicial process; or
new text end

new text begin (3) if based on new information, are subject to judicial review.
new text end

new text begin (e) If the board does not find a substantial issue, the board shall deny the hearing
to the petitioner. If the board finds a substantial issue, the board shall conduct a hearing
in which the petitioner and the state may present evidence and argument as may be
provided by board rules.
new text end

new text begin Subd. 2. new text end

new text begin Procedures. new text end

new text begin (a) A petition for commutation may be filed at any time after
the sentencing court has issued an order of execution after completion of an inmate's
appeal from conviction. For purposes of this subdivision, "appeal" does not include any
action for postconviction relief or any other form of collateral attack. The inmate shall
file the petition no later than 23 days before the scheduled execution date and shall mail a
copy by United States mail, postage prepaid, to the attorney representing the state. If the
execution date is stayed by any court between the time of the sentencing court's issuance
of the warrant and the beginning of the commutation hearing, the hearing will continue
and the board will render its decision in accordance with this section.
new text end

new text begin (b) The petition must include:
new text end

new text begin (1) the petitioner's name and the address of any attorney who is requesting the
petitioner in the commutation proceeding;
new text end

new text begin (2) a statement of reasons why the petitioner believes the sentence of death is not
appropriate due to the specific circumstances pertinent to the petitioner;
new text end

new text begin (3) whether any of the reasons stated as grounds for the petition have been reviewed
in the judicial process;
new text end

new text begin (4) if new information is alleged, a statement of why the information is considered
new, why it could not have been reviewed in the judicial process, and why the information
is not still subject to judicial review;
new text end

new text begin (5) if the petitioner has received one commutation hearing, the petition shall include
a statement explaining what, if any, new and significant information exists that justifies a
second hearing; and
new text end

new text begin (6) copies of all written evidence upon which the petitioner intends to rely at the
hearing, along with the names of all witnesses the petitioner intends to call and a summary
of the anticipated testimony.
new text end

new text begin Subd. 3. new text end

new text begin Board action. new text end

new text begin (a) If the board grants the petition, a commutation hearing
shall be scheduled as soon as reasonably possible.
new text end

new text begin (b) The board may temporarily stay an execution to fully hear the petition for
commutation.
new text end

new text begin (c) Within seven days of receiving the petition, the attorney general or county
attorney shall provide to the board and the petitioner copies of all written evidence, names
of witnesses, and summary of anticipated testimony. The board may request additional
information from either side.
new text end

new text begin (d) The day after receiving the state's response, the board shall hold a prehearing
conference to limit the number of witnesses that each side calls, clarify issues that will
be addressed, and take whatever other action it considers necessary and appropriate to
control and direct proceedings.
new text end

new text begin (e) The board shall place all witnesses under oath and may impose a time limit on
each side for presenting its case. During the hearing, the board may take whatever actions
it considers necessary and appropriate to maintain order.
new text end

new text begin (f) The board shall reconvene in open session to announce and distribute its written
decision.
new text end

new text begin Subd. 4. new text end

new text begin Rules. new text end

new text begin The board shall adopt rules to implement the commutation
procedures specified in this section.
new text end

new text begin Subd. 5. new text end

new text begin Decision. new text end

new text begin The board may decide that the sentence of death be allowed to
stand and be carried out in accordance with law or that the death sentence be commuted
to life without the possibility of release.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2012.
new text end

ARTICLE 3

TECHNICAL AMENDMENTS

Section 1.

Minnesota Statutes 2010, section 243.05, subdivision 1, is amended to read:

Subdivision 1.

Conditional release.

(a) new text begin Except for a person sentenced to death
under article 1, section 5, new text end 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.

Sec. 2.

Minnesota Statutes 2010, section 609.10, subdivision 1, is amended to read:

Subdivision 1.

Sentences available.

(a) Upon conviction of a felony and compliance
with the other provisions of this chapter new text begin and chapter 244A new text end the court, if it imposes sentence,
may sentence the defendant to the extent authorized by law as follows:

(1) to new text begin death; or
new text end

new text begin (2) to new text end life imprisonment; or

deleted text begin (2) deleted text end new text begin (3) new text end to imprisonment for a fixed term of years set by the court; or

deleted text begin (3) deleted text end new text begin (4) new text end to both imprisonment for a fixed term of years and payment of a fine; or

deleted text begin (4) deleted text end new text begin (5) new text end to payment of a fine without imprisonment or as an intermediate sanction
on a stayed sentence; or

deleted text begin (5) deleted text end new text begin (6) new text end to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or

deleted text begin (6) deleted text end new text begin (7) new text end to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court.

(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.

Sec. 3.

Minnesota Statutes 2010, section 609.106, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Capital punishment; alternative, life without the possibility of release.
new text end

new text begin The court shall sentence a person to life without the possibility of release if:
new text end

new text begin (1) the defendant is convicted of a capital offense under section 244A.03;
new text end

new text begin (2) the defendant is eligible for the death penalty under chapter 244A; and
new text end

new text begin (3) the jury recommends the sentence of life without the possibility of release under
section 244A.05, subdivision 2, be imposed.
new text end

Sec. 4.

Minnesota Statutes 2010, section 609.12, subdivision 1, is amended to read:

Subdivision 1.

Authority; conditions.

A person sentenced to the commissioner of
corrections for imprisonment for a period less than life may be paroled or discharged at
any time without regard to length of the term of imprisonment which the sentence imposes
when in the judgment of the commissioner of corrections, and under the conditions the
commissioner imposes, the granting of parole or discharge would be most conducive to
rehabilitation and would be in the public interest. new text begin A person sentenced to death is not
eligible for supervised release or discharge at any time.
new text end

Sec. 5.

Minnesota Statutes 2010, section 609.135, subdivision 1, is amended to read:

Subdivision 1.

Terms and conditions.

(a) Except when a sentence of new text begin death has
been imposed under chapter 244A, a new text end life deleted text begin imprisonment deleted text end new text begin sentence new text end is required by law, or
when a mandatory minimum sentence is required by section 609.11, any court may stay
imposition or execution of sentence and:

(1) may order intermediate sanctions without placing the defendant on probation; or

(2) may place the defendant on probation with or without supervision and on the
terms the court prescribes, including intermediate sanctions when practicable. The court
may order the supervision to be under the probation officer of the court, or, if there is
none and the conviction is for a felony or gross misdemeanor, by the commissioner of
corrections, or in any case by some other suitable and consenting person. Unless the court
directs otherwise, state parole and probation agents and probation officers may impose
community work service or probation violation sanctions, consistent with section 243.05,
subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5.

No intermediate sanction may be ordered performed at a location that fails to
observe applicable requirements or standards of chapter 181A or 182, or any rule
promulgated under them.

(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
"intermediate sanctions" includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, intensive probation, sentencing to
service, reporting to a day reporting center, chemical dependency or mental health
treatment or counseling, restitution, fines, day-fines, community work service, work
service in a restorative justice program, work in lieu of or to work off fines and, with the
victim's consent, work in lieu of or to work off restitution.

(c) A court may not stay the revocation of the driver's license of a person convicted
of violating the provisions of section 169A.20.

(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
payment is due on the date imposed unless the court otherwise establishes a due date
or a payment plan.

Sec. 6.

Minnesota Statutes 2010, section 609.185, is amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and new text begin ,
unless sentenced to death under article 1, section 5, new text end shall be sentenced to imprisonment
for life:

(1) causes the death of a human being with premeditation and with intent to effect
the death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit
criminal sexual conduct in the first or second degree with force or violence, either upon or
affecting the person or another;

(3) causes the death of a human being with intent to effect the death of the person
or another, while committing or attempting to commit burglary, aggravated robbery,
kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a
witness in the first degree, escape from custody, or any felony violation of chapter 152
involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officer or a guard employed at a Minnesota state or
local correctional facility, with intent to effect the death of that person or another, while
the peace officer or guard is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator
has engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when
the perpetrator has engaged in a past pattern of domestic abuse upon the victim or
upon another family or household member and the death occurs under circumstances
manifesting an extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.

(b) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.

(c) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and

(2) is committed against the victim who is a family or household member as defined
in section 518B.01, subdivision 2, paragraph (b).

(d) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning
given in section 609.714, subdivision 1.

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective August 1, 2012, and apply to crimes committed on or
after that date.
new text end