HF 2728

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

  1.1                          A bill for an act
  1.2             relating to felony sentences; requiring the 
  1.3             commissioner of corrections to adopt disciplinary 
  1.4             rules providing for the gradual transition of inmates 
  1.5             from disciplinary confinement into the general prison 
  1.6             population; extending the potential length of a felony 
  1.7             offender's sentence to include the disciplinary 
  1.8             confinement period when it extends past the inmate's 
  1.9             sentence expiration date; amending Minnesota Statutes 
  1.10            1998, section 244.101, subdivision 1; Minnesota 
  1.11            Statutes 1999 Supplement, section 244.05, subdivision 
  1.12            1b; proposing coding for new law in Minnesota 
  1.13            Statutes, chapter 244. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [244.036] [TRANSITION OF INMATES FROM PUNITIVE 
  1.16  SEGREGATION CONFINEMENT INTO GENERAL PRISON POPULATION; RULES.] 
  1.17     The commissioner shall adopt disciplinary rules providing 
  1.18  for the gradual transition of inmates from punitive segregation 
  1.19  confinement into the general prison population.  The rules shall 
  1.20  take into account the safety of the inmate who is released from 
  1.21  punitive segregation, the safety of other inmates, and the 
  1.22  safety of prison staff.  The rules shall provide for intensive 
  1.23  supervision of the inmate's behavior during the transition 
  1.24  period and for the return of the inmate to punitive segregation 
  1.25  confinement, without a due process hearing, if the inmate 
  1.26  commits any act during the transition period that threatens the 
  1.27  safety of another inmate or prison staff.  The transition period 
  1.28  shall be included in the total disciplinary confinement period 
  1.29  the inmate is ordered to serve under the inmate's original 
  2.1   disciplinary sanction. 
  2.2      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.3   244.05, subdivision 1b, is amended to read: 
  2.4      Subd. 1b.  [SUPERVISED RELEASE; OFFENDERS WHO COMMIT CRIMES 
  2.5   ON OR AFTER AUGUST 1, 1993, OR ON OR AFTER AUGUST 1, 2000.] (a) 
  2.6   Except as provided in subdivisions 4 and 5, every inmate 
  2.7   sentenced to prison for a felony offense committed on or after 
  2.8   August 1, 1993, shall serve a supervised release term upon 
  2.9   completion of the inmate's term of imprisonment and any 
  2.10  disciplinary confinement period imposed by the commissioner due 
  2.11  to the inmate's violation of any disciplinary rule adopted by 
  2.12  the commissioner or refusal to participate in a rehabilitative 
  2.13  program required under section 244.03.  The amount of time the 
  2.14  inmate serves on supervised release shall be equal in length to 
  2.15  the amount of time remaining in the inmate's executed sentence, 
  2.16  if any, after the inmate has served the term of imprisonment and 
  2.17  any disciplinary confinement period imposed by the commissioner. 
  2.18     (b) No inmate who violates a disciplinary rule or refuses 
  2.19  to participate in a rehabilitative program as required under 
  2.20  section 244.03 shall be placed on supervised release until the 
  2.21  inmate has served the disciplinary confinement period for that 
  2.22  disciplinary sanction or until the inmate is discharged or 
  2.23  released from punitive segregation confinement, whichever is 
  2.24  later.  The imposition of a disciplinary confinement period 
  2.25  shall be considered to be a disciplinary sanction imposed upon 
  2.26  an inmate, and the procedure for imposing the disciplinary 
  2.27  confinement period and the rights of the inmate in the procedure 
  2.28  shall be those in effect for the imposition of other 
  2.29  disciplinary sanctions at each state correctional institution. 
  2.30     (c) Any inmate sentenced to prison for a felony offense 
  2.31  committed on or after August 1, 2000, who is confined in 
  2.32  punitive segregation for a disciplinary offense, shall not be 
  2.33  released from prison until the inmate has served the entire 
  2.34  disciplinary confinement period imposed by the commissioner, 
  2.35  including the transition period provided under rules adopted by 
  2.36  the commissioner under section 244.036. 
  3.1      Sec. 3.  Minnesota Statutes 1998, section 244.101, 
  3.2   subdivision 1, is amended to read: 
  3.3      Subdivision 1.  [EXECUTED SENTENCES.] When a felony 
  3.4   offender is sentenced to a fixed executed sentence for an 
  3.5   offense committed on or after August 1, 1993, but before August 
  3.6   1, 2000, the executed sentence consists of two parts:  (1) a 
  3.7   specified minimum term of imprisonment that is equal to 
  3.8   two-thirds of the executed sentence; and (2) a specified maximum 
  3.9   supervised release term that is equal to one-third of the 
  3.10  executed sentence.  The amount of time the inmate actually 
  3.11  serves in prison and on supervised release is subject to the 
  3.12  provisions of section 244.05, subdivision 1b. 
  3.13     Sec. 4.  [244.102] [SENTENCING OF FELONY OFFENDERS WHO 
  3.14  COMMIT OFFENSES ON AND AFTER AUGUST 1, 2000.] 
  3.15     Subdivision 1.  [EXECUTED SENTENCES.] When a felony 
  3.16  offender is sentenced to a fixed executed sentence for an 
  3.17  offense committed on or after August 1, 2000, the executed 
  3.18  sentence consists of three parts:  (1) a specified minimum term 
  3.19  of imprisonment that is equal to two-thirds of the executed 
  3.20  sentence, excluding the disciplinary confinement term; (2) a 
  3.21  specified maximum supervised release term that is equal to 
  3.22  one-third of the executed sentence, excluding the disciplinary 
  3.23  confinement term; and (3) a disciplinary confinement term that 
  3.24  is equal to the amount of time remaining in an inmate's 
  3.25  disciplinary confinement period, if any, at the time the 
  3.26  offender's term of imprisonment and supervised release term 
  3.27  expire.  The amount of time the inmate actually serves in 
  3.28  prison, on supervised release, or in disciplinary confinement is 
  3.29  subject to the provisions of section 244.05, subdivision 1b. 
  3.30     Subd. 2.  [EXPLANATION OF SENTENCE.] When a court 
  3.31  pronounces an executed sentence under this section, it shall 
  3.32  explain:  (1) the total length of the executed sentence, 
  3.33  excluding the disciplinary confinement term; (2) the minimum 
  3.34  amount of time the defendant will serve in prison; and (3) the 
  3.35  amount of time the defendant will serve on supervised release, 
  3.36  assuming the defendant commits no disciplinary offense in prison 
  4.1   that results in the imposition of a disciplinary confinement 
  4.2   period.  The court shall also explain that the amount of time 
  4.3   the defendant actually serves in prison may be extended by the 
  4.4   commissioner if the defendant commits any disciplinary offenses 
  4.5   in prison and that this extension could result in the 
  4.6   defendant's serving not only the entire supervised release term 
  4.7   in prison, but also an additional disciplinary confinement term 
  4.8   if additional time is needed for the defendant to complete a 
  4.9   disciplinary confinement sanction.  The court's explanation 
  4.10  shall be included in a written summary of the sentence. 
  4.11     Subd. 3.  [NO RIGHT TO SUPERVISED RELEASE.] Notwithstanding 
  4.12  the court's explanation of the potential length of a defendant's 
  4.13  supervised release term, the court's explanation creates no 
  4.14  right of a defendant to any specific, minimum length of a 
  4.15  supervised release term. 
  4.16     Subd. 4.  [APPLICATION OF STATUTORY MANDATORY MINIMUM 
  4.17  SENTENCES.] If the defendant is convicted of any offense for 
  4.18  which a statute imposes a mandatory minimum sentence of 
  4.19  imprisonment, the statutory mandatory minimum sentence governs 
  4.20  the length of the entire executed sentence, excluding the 
  4.21  disciplinary confinement term, pronounced by the court under 
  4.22  this section. 
  4.23     Sec. 5.  [EFFECTIVE DATE.] 
  4.24     Section 1 is effective August 1, 2000.  Sections 2 to 4 are 
  4.25  effective August 1, 2000, and apply to crimes committed on or 
  4.26  after that date.