HF 2956

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 02:36pm

A bill for an act
relating to public safety; expanding membership of the Sentencing Guidelines
Commission; providing for staggered terms for members of the Sentencing
Guidelines Commission; amending Minnesota Statutes 2022, section 244.09,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2022, section 244.09, subdivision 2, is amended to read:

Subd. 2.

Members.

The Sentencing Guidelines Commission shall consist of the
following:

(1) the chief justice of the supreme court or a designee;

(2) one judge of the court of appeals, appointed by the chief deleted text begin justice of the supreme court deleted text end new text begin
judge of the appellate court new text end ;

(3) one district court judge appointed by the deleted text begin chief justice of the supreme court deleted text end new text begin Judicial
Council upon recommendation of the Minnesota District Judges Association new text end ;

(4) one public defender appointed by the governor upon recommendation of the state
public defender;

(5) one county attorney appointed by the governor upon recommendation of the board
of directors of the Minnesota County Attorneys Association;

(6) the commissioner of corrections or a designee;

(7) one peace officer as defined in section 626.84 appointed by the governor;

(8) one probation officer or deleted text begin parole deleted text end new text begin supervised release new text end officer appointed by the governor;
deleted text begin and
deleted text end

(9) new text begin one person who works for an organization that provides treatment or rehabilitative
services for individuals convicted of felony offenses appointed by the governor;
new text end

new text begin (10) one person who is an academic with a background in criminal justice or corrections
appointed by the governor; and
new text end

new text begin (11) new text end three public members appointed by the governor, one of whom shall be a new text begin person
who has been the new text end victim of a crime defined as a felony new text begin or a victims' advocate, and one of
whom shall be a person who has been formerly convicted of and discharged from a
felony-level sentence new text end .

When an appointing authority selects individuals for membership on the commission,
the authority shall make reasonable efforts to appoint qualified members of protected groups,
as defined in section 43A.02, subdivision 33.

One of the members shall be designated by the governor as chair of the commission.

Sec. 2.

Minnesota Statutes 2022, section 244.09, subdivision 3, is amended to read:

Subd. 3.

Appointment terms.

Each appointed member shall be appointed for four years
and shall continue to serve during that time as long as the member occupies the position
which made the member eligible for the appointment. Each member shall continue in office
until a successor is duly appointed. Members shall be eligible for reappointment deleted text begin , and deleted text end new text begin . new text end
Appointment may be made to fill an unexpired term. deleted text begin The term of any member appointed
or reappointed by the governor before the first Monday in January 1991 expires on that
date. The term of any member appointed or reappointed by the governor after the first
Monday in January 1991 is coterminous with the governor. deleted text end new text begin The terms of members appointed
by the governor on January 1, 2027, shall be staggered so that five members shall be
appointed for four years and four members shall be appointed for two years. Members
appointed by the chief justice of the supreme court shall be appointed to four-year terms.
new text end The members of the commission shall elect any additional officers necessary for the efficient
discharge of their duties.