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HF 1096

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:47pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/04/2013

Current Version - as introduced

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A bill for an act
relating to public safety; reenacting an expired program authorizing the release
from prison of certain nonviolent controlled substance offenders; 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 [244.0551] CONDITIONAL RELEASE OF NONVIOLENT
CONTROLLED SUBSTANCE OFFENDERS; TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Conditional release authority. new text end

new text begin The commissioner of corrections has
the authority to release offenders committed to the commissioner's custody who meet the
requirements of this section and of any rules adopted by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Conditional release of certain nonviolent controlled substance
offenders.
new text end

new text begin An offender who has been committed to the commissioner's custody may
petition the commissioner for conditional release from prison before the offender's
scheduled supervised release date or target release date if:
new text end

new text begin (1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
2a; 152.022, subdivision 2; 152.023; 152.024; or 152.025;
new text end

new text begin (2) the offender committed the crime as a result of a controlled substance addiction,
and not primarily for profit;
new text end

new text begin (3) the offender has served at least 36 months or one-half of the offender's term of
imprisonment, whichever is less;
new text end

new text begin (4) the offender successfully completed a chemical dependency treatment program
of the type described in this section while in prison;
new text end

new text begin (5) the offender has not previously been conditionally released under this section; and
new text end

new text begin (6) the offender has not within the past ten years been convicted or adjudicated
delinquent for a violent crime as defined in section 609.1095 other than the current
conviction for the controlled substance offense.
new text end

new text begin Subd. 3. new text end

new text begin Offer of chemical dependency treatment. new text end

new text begin The commissioner shall offer
all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and
(6), the opportunity to begin a suitable chemical dependency treatment program of the
type described in this section within 160 days after the offender's term of imprisonment
begins or as soon after 160 days as possible.
new text end

new text begin Subd. 4. new text end

new text begin Chemical dependency treatment program components. new text end

new text begin (a) The
chemical dependency treatment program described in subdivisions 2 and 3 must:
new text end

new text begin (1) contain a highly structured daily schedule for the offender;
new text end

new text begin (2) contain individualized educational programs designed to improve the basic
educational skills of the offender and to provide vocational training, if appropriate;
new text end

new text begin (3) contain programs designed to promote the offender's self-worth and the offender's
acceptance of responsibility for the consequences of the offender's own decisions;
new text end

new text begin (4) be licensed by the Department of Human Services and designed to serve the
inmate population; and
new text end

new text begin (5) require that each offender submit to a chemical use assessment and that the
offender receive the appropriate level of treatment as indicated by the assessment.
new text end

new text begin (b) The commissioner shall expel from the chemical dependency treatment program
any offender who:
new text end

new text begin (1) commits a material violation of or repeatedly fails to follow the rules of the
program;
new text end

new text begin (2) commits any criminal offense while in the program; or
new text end

new text begin (3) presents any risk to other inmates based on the offender's behavior or attitude.
new text end

new text begin Subd. 5. new text end

new text begin Additional requirements. new text end

new text begin To be eligible for release under this section,
an offender shall sign a written contract with the commissioner agreeing to comply with
the requirements of this section and the conditions imposed by the commissioner. In
addition to other items, the contract must specifically refer to the term of imprisonment
extension in subdivision 6. In addition, the offender shall agree to submit to random drug
and alcohol tests and electronic or home monitoring as determined by the commissioner or
the offender's supervising agent. The commissioner may impose additional requirements
on the offender that are necessary to carry out the goals of this section.
new text end

new text begin Subd. 6. new text end

new text begin Extension of term of imprisonment for offenders who fail in treatment.
new text end

new text begin When an offender fails to successfully complete the chemical dependency treatment
program under this section, the commissioner shall add the time that the offender was
participating in the program to the offender's term of imprisonment. However, the
offender's term of imprisonment may not be extended beyond the offender's executed
sentence.
new text end

new text begin Subd. 7. new text end

new text begin Release procedures. new text end

new text begin The commissioner may deny conditional release to
an offender under this section if the commissioner determines that the offender's release
may reasonably pose a danger to the public or an individual. In making this determination,
the commissioner shall follow the procedures contained in section 244.05, subdivision
5, and the rules adopted by the commissioner under that subdivision. The commissioner
shall consider whether the offender was involved in criminal gang activity during the
offender's prison term. The commissioner shall also consider the offender's custody
classification and level of risk of violence and the availability of appropriate community
supervision for the offender. Conditional release granted under this section continues until
the offender's sentence expires, unless release is rescinded under subdivision 8. The
commissioner may not grant conditional release unless a release plan is in place for the
offender that addresses, at a minimum, plans for aftercare, community-based chemical
dependency treatment, gaining employment, and securing housing.
new text end

new text begin Subd. 8. new text end

new text begin Conditional release. new text end

new text begin The conditions of release granted under this
section are governed by the statutes and rules governing supervised release under this
chapter, except that release may be rescinded without hearing by the commissioner if the
commissioner determines that continuation of the conditional release poses a danger to
the public or to an individual. If the commissioner rescinds an offender's conditional
release, the offender shall be returned to prison and shall serve the remaining portion of
the offender's sentence.
new text end

new text begin Subd. 9. new text end

new text begin Offenders serving other sentences. new text end

new text begin An offender who is serving
both a sentence for an offense described in subdivision 2 and an offense not described
in subdivision 2 is not eligible for release under this section unless the offender has
completed the offender's full term of imprisonment for the other offense.
new text end

new text begin Subd. 10. new text end

new text begin Notice. new text end

new text begin Upon receiving an offender's petition for release under
subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
offender's conviction and the sentencing court. The commissioner shall give the authority
and court a reasonable opportunity to comment on the offender's potential release. If
the authority or court elects to comment, the comments must specify the reasons for
the authority or court's position.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, and applies to persons
in prison on or after that date.
new text end