HF 1608

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:06pm

A bill for an act
relating to public safety; modifying the challenge incarceration program; amending
Minnesota Statutes 2022, section 244.171, subdivision 4.

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

Section 1.

Minnesota Statutes 2022, section 244.171, subdivision 4, is amended to read:

Subd. 4.

Sanctions.

new text begin (a) new text end The commissioner shall impose severe and meaningful sanctions
for violating the conditions of the challenge incarceration program. The commissioner shall
remove an offender from the challenge incarceration program if the offender:

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

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of
alcohol or controlled substances. The removal of an offender from the challenge incarceration
program is governed by the procedures in the commissioner's rules adopted under section
244.05, subdivision 2.

new text begin (b) new text end An offender who is removed from the challenge incarceration program shall be
imprisoned for a time period equal to the offender's term of imprisonment, minus earned
good time if any, but in no case for longer than the time remaining in the offender's sentence.
"Term of imprisonment" means a time period equal to two-thirds of the sentence originally
executed by the sentencing court, minus jail credit, if any.

new text begin (c) Notwithstanding paragraph (b), an offender who has been removed from the challenge
incarceration program but who remains otherwise eligible for acceptance into the program
may be readmitted at the commissioner's discretion. An offender readmitted to the program
under this paragraph must participate from the beginning and complete all of the program's
phases.
new text end