HF 1460

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to public safety; establishing an earned compliance credit program for
persons on supervised release; providing for rulemaking; proposing coding for
new law in Minnesota Statutes, chapter 244.

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

Section 1.

new text begin [244.40] SHORT TITLE.
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new text begin Sections 244.40 to 244.42 may be cited as the "Earned Compliance Credit Act."
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Sec. 2.

new text begin [244.41] DEFINITIONS.
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new text begin (a) For purposes of sections 244.40 to 244.42, the terms in this section have the
meanings given them.
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new text begin (b) "Agency" means:
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new text begin (1) the Department of Corrections; and
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new text begin (2) any regional, local, or county governmental agencies responsible for supervising
individuals placed on probation by the courts or serving a period of parole or postrelease
supervision from prison or jail, provided such agencies receive state funding.
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new text begin (c) "Case plan" means an individualized accountability and behavior change strategy
for supervised individuals that:
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new text begin (1) targets and prioritizes the specific criminal risk factors of the offender;
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new text begin (2) matches programs to the offender's individual characteristics, such as gender,
culture, motivational stage, developmental stage, and learning style;
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new text begin (3) establishes a timetable for achieving specific behavioral goals, including a
schedule for payment of victim restitution, child support, and other financial obligations;
and
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new text begin (4) specifies positive and negative actions that will be taken in response to the
supervised individual's behaviors.
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new text begin (d) "Compliance credit" means 15 days for every month that a supervised individual
does all of the following:
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new text begin (1) fulfills the terms of the supervised individual's case plan;
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new text begin (2) has no new arrests; and
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new text begin (3) makes scheduled monthly payments for restitution, fines, and fees.
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new text begin (e) "Supervised individual" means an individual placed on probation by the courts or
serving a period of parole or postrelease supervision from prison or jail.
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Sec. 3.

new text begin [244.42] EARNED COMPLIANCE CREDITS.
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new text begin (a) The agency shall:
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new text begin (1) award earned compliance credits to a supervised individual who satisfies the
requirements specified in the individual's case plan; and
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new text begin (2) place a supervised individual in a nonactive supervision status for the number of
days earned as compliance credits.
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new text begin (b) For supervised individuals in nonactive supervision, the agency shall submit a
petition to the court or releasing authority to request that the period of supervision be
reduced by the number of days of compliance credits earned by the individual, when the
supervised individual has no outstanding restitution, fines, or fees.
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new text begin (c) The court or releasing authority may adjust the period of a supervised individual's
supervision on the recommendation of the agency for earned compliance credits.
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new text begin (d) The agency shall adopt rules for the forfeiture of earned compliance credits for
supervised individuals who violate conditions of supervision. The rules shall provide that:
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new text begin (1) forfeiture is part of the agency's system of graduated sanctions;
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new text begin (2) the extent of earned compliance credits forfeited is related to the level of severity
of the violation;
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new text begin (3) forfeiture of earned compliance credits is limited to credits already earned, and
may not prospectively deny future earned compliance credits; and
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new text begin (4) a procedure is established for the restoration of forfeited earned compliance
credits based on the supervised individual's compliance with supervision conditions and
progress in achieving the goals of the supervised individual's case plan.
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Sec. 4. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 3 are effective August 1, 2009.
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