HF 3862

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; allowing prisoners facing civil commitment in
certain cases to elect to remain confined in state correctional facilities beyond
their scheduled release date; amending Minnesota Statutes 2006, section
244.05, subdivision 1b; Minnesota Statutes 2007 Supplement, section 244.05,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 243.

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

Section 1.

new text begin [243.053] OPTION TO REMAIN IN PRISON FOR OFFENDERS
FACING CIVIL COMMITMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Election to remain confined. new text end

new text begin Upon the approval of the
commissioner of corrections, a person who is committed to the commissioner's custody,
who is being imprisoned in a state correctional facility, who is participating in sex offender
treatment, and who is eligible for supervised release may elect to remain confined in a
state correctional facility for a portion or the remainder of the person's executed sentence
to continue treatment if the person is being petitioned for commitment under section
253B.185 as a sexually dangerous person or as having a sexual psychopathic personality.
Upon the resolution of the petition, the completion of treatment, or the completion of the
person's executed sentence, whichever occurs first, the person shall either be released from
confinement or transferred to the custody of the commissioner of human services.
new text end

new text begin Subd. 2. new text end

new text begin Terms of confinement. new text end

new text begin A person who elects to continue confinement
under subdivision 1 remains under the custody of the commissioner of corrections in the
same manner and under the same terms as before the person's term of imprisonment
expired except that the person has the right to request release from imprisonment under
this section. If the person requests release, the commissioner shall accommodate this
request as soon as is practicable. If this occurs, the provisions of chapter 253B govern the
physical custody of the person.
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 2007 Supplement, section 244.05, subdivision 1, is
amended to read:

Subdivision 1.

Supervised release required.

Except as provided in subdivisions
1b, 4, and 5 new text begin and section 243.053 new text end , every inmate shall serve a supervised release term upon
completion of the inmate's term of imprisonment as reduced by any good time earned
by the inmate or extended by confinement in punitive segregation pursuant to section
244.04, subdivision 2. Except for a sex offender conditionally released under Minnesota
Statutes 2004, section 609.108, subdivision 5, the supervised release term shall be equal to
the period of good time the inmate has earned, and shall not exceed the length of time
remaining in the inmate's 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. 3.

Minnesota Statutes 2006, section 244.05, subdivision 1b, is amended to read:

Subd. 1b.

Supervised release; offenders who commit crimes on or after August
1, 1993.

(a) Except as provided in subdivisions 4 and 5 new text begin and section 243.053 new text end , every inmate
sentenced to prison for a felony offense committed on or after August 1, 1993, shall serve
a supervised release term upon completion of the inmate's term of imprisonment and
any disciplinary confinement period imposed by the commissioner due to the inmate's
violation of any disciplinary rule adopted by the commissioner or refusal to participate in
a rehabilitative program required under section 244.03. The amount of time the inmate
serves on supervised release shall be equal in length to the amount of time remaining in
the inmate's executed sentence after the inmate has served the term of imprisonment and
any disciplinary confinement period imposed by the commissioner.

(b) No inmate who violates a disciplinary rule or refuses to participate in a
rehabilitative program as required under section 244.03 shall be placed on supervised
release until the inmate has served the disciplinary confinement period for that disciplinary
sanction or until the inmate is discharged or released from punitive segregation
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.

new text begin EFFECTIVE DATE. new text end

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