HF 2788

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 03:39pm

A bill for an act
relating to corrections; modifying Board of Pardons provisions; establishing
Clemency Review Commission; requiring a report; authorizing rulemaking;
appropriating money; amending Minnesota Statutes 2022, sections 13.871,
subdivision 8; 299C.11, subdivision 3; 638.01; proposing coding for new law in
Minnesota Statutes, chapter 638; repealing Minnesota Statutes 2022, sections
638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08.

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

Section 1.

Minnesota Statutes 2022, section 13.871, subdivision 8, is amended to read:

Subd. 8.

deleted text begin Board of Pardons deleted text end new text begin Clemency Review Commission new text end records.

Access to deleted text begin Board
of Pardons deleted text end records new text begin of the Clemency Review Commission new text end is governed by section deleted text begin 638.07 deleted text end new text begin
638.20 new text end .

Sec. 2.

Minnesota Statutes 2022, section 299C.11, subdivision 3, is amended to read:

Subd. 3.

Definitions.

For purposes of this section:

(1) "determination of all pending criminal actions or proceedings in favor of the arrested
person" does not include:

(i) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or
chapter 609A;

(ii) the arrested person's successful completion of a diversion program;

(iii) an order of discharge under section 609.165; or

(iv) a pardon granted under deleted text begin section 638.02 deleted text end new text begin chapter 638 new text end ; and

(2) "targeted misdemeanor" has the meaning given in section 299C.10, subdivision 1.

Sec. 3.

Minnesota Statutes 2022, section 638.01, is amended to read:

638.01 BOARD OF PARDONS deleted text begin ; HOW CONSTITUTED; POWERS deleted text end .

The Board of Pardons deleted text begin shall consist deleted text end new text begin consists new text end of the governor, the chief justice of the
supreme court, and the attorney general. The deleted text begin board deleted text end new text begin governor in conjunction with the board new text end
may grant deleted text begin pardons and reprieves and commute the sentence of any person convicted of any
offense against the laws of the state, in the manner and under the conditions and rules
hereinafter prescribed, but not otherwise deleted text end new text begin clemency according to this chapter 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. 4.

new text begin [638.011] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the terms defined in this section have
the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Pardons under section 638.01.
new text end

new text begin Subd. 3. new text end

new text begin Clemency. new text end

new text begin Unless otherwise provided, "clemency" includes a pardon,
commutation, and reprieve after conviction for a crime against the state except in cases of
impeachment.
new text end

new text begin Subd. 4. new text end

new text begin Commission. new text end

new text begin "Commission" means the Clemency Review Commission under
section 638.09.
new text end

new text begin Subd. 5. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Corrections.
new text end

new text begin Subd. 6. new text end

new text begin Waiver request. new text end

new text begin "Waiver request" means a request to waive a time restriction
under sections 638.12, subdivisions 2 and 3, and 638.19, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 5.

new text begin [638.09] CLEMENCY REVIEW COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin (a) The Clemency Review Commission is
established to:
new text end

new text begin (1) review each eligible clemency application and waiver request that it receives;
new text end

new text begin (2) recommend to the board, in writing, whether to grant or deny the application or
waiver request, with each member's vote reported; and
new text end

new text begin (3) recommend to the board, in writing, whether the board should conduct a hearing on
a clemency application, with each member's vote reported.
new text end

new text begin (b) Unless otherwise provided:
new text end

new text begin (1) the commission's recommendations under this chapter are nonbinding on the governor
or the board; and
new text end

new text begin (2) chapter 15 applies unless otherwise inconsistent with this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Composition. new text end

new text begin (a) The commission consists of nine members, each serving a
term coterminous with the governor.
new text end

new text begin (b) The governor, the attorney general, and the chief justice of the supreme court must
each appoint three members to serve on the commission and replace members when the
members' terms expire. Members serve at the pleasure of their appointing authority.
new text end

new text begin Subd. 3. new text end

new text begin Appointments to commission. new text end

new text begin (a) An appointing authority is encouraged to
consider the following criteria when appointing a member:
new text end

new text begin (1) expertise in law, corrections, victims' services, correctional supervision, mental
health, and substance abuse treatment; and
new text end

new text begin (2) experience addressing systemic disparities, including but not limited to disparities
based on race, gender, and ability.
new text end

new text begin (b) An appointing authority must seek out and encourage qualified individuals to apply
to serve on the commission, including:
new text end

new text begin (1) members of Indigenous communities, Black communities, and other communities
of color;
new text end

new text begin (2) members diverse as to gender identity; and
new text end

new text begin (3) members diverse as to age and ability.
new text end

new text begin (c) If there is a vacancy, the appointing authority who selected the vacating member
must make an interim appointment to expire at the end of the vacating member's term.
new text end

new text begin (d) A member may continue to serve until the member's successor is appointed, but a
member may not serve more than eight years in total.
new text end

new text begin Subd. 4. new text end

new text begin Commission; generally. new text end

new text begin (a) The commission must biennially elect one of its
members as chair and one as vice-chair. The chair serves as the board's secretary.
new text end

new text begin (b) Each commission member must be:
new text end

new text begin (1) compensated at a rate of $150 for each day or part of the day spent on commission
activities; and
new text end

new text begin (2) reimbursed for all reasonable expenses actually paid or incurred by the member while
performing official duties.
new text end

new text begin (c) Beginning January 1, 2025, and annually thereafter, the board may set a new per
diem rate for commission members, not to exceed an amount ten percent higher than the
previous year's rate.
new text end

new text begin Subd. 5. new text end

new text begin Executive director. new text end

new text begin (a) The board must appoint a commission executive director
knowledgeable about clemency and criminal justice. The executive director serves at the
pleasure of the board in the unclassified service as an executive branch employee.
new text end

new text begin (b) The executive director's salary is set in accordance with section 15A.0815, subdivision
3.
new text end

new text begin (c) The executive director may obtain office space and supplies and hire administrative
staff necessary to carry out the commission's official functions, including providing
administrative support to the board and attending board meetings. Any additional staff serve
in the unclassified service at the pleasure of the executive director.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 6.

new text begin [638.10] CLEMENCY APPLICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Required contents. new text end

new text begin A clemency application must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) be signed under oath by the applicant; and
new text end

new text begin (3) state the clemency sought, state why the clemency should be granted, and contain
the following information and any additional information that the commission or board
requires:
new text end

new text begin (i) the applicant's name, address, and date and place of birth, and every alias by which
the applicant is or has been known;
new text end

new text begin (ii) the applicant's demographic data, including race, ethnicity, gender, disability status,
and age, only if voluntarily reported;
new text end

new text begin (iii) the name of the crime for which clemency is requested, the date and county of
conviction, the sentence imposed, and the sentence's expiration or discharge date;
new text end

new text begin (iv) the names of the sentencing judge, the prosecuting attorney, and any victims of the
crime;
new text end

new text begin (v) a brief description of the crime and the applicant's age at the time of the crime;
new text end

new text begin (vi) the date and outcome of any prior clemency application, including any application
submitted before July 1, 2024;
new text end

new text begin (vii) to the best of an applicant's knowledge, a statement of any past criminal conviction
and any pending criminal charge or investigation;
new text end

new text begin (viii) for an applicant under the department's custody, a statement describing the
applicant's reentry plan should clemency be granted; and
new text end

new text begin (ix) an applicant statement acknowledging and consenting to the disclosure to the
commission, board, and public of any private data on the applicant in the application or in
any other record relating to the clemency being sought, including conviction and arrest
records.
new text end

new text begin Subd. 2. new text end

new text begin Required form. new text end

new text begin (a) An application must be made on a commission-approved
form or forms and filed with the commission by commission-prescribed deadlines. The
commission must consult with the board on the forms and deadlines.
new text end

new text begin (b) The application must include language informing the applicant that the board and
the commission will consider any and all past convictions and that the applicant may provide
information about the convictions.
new text end

new text begin Subd. 3. new text end

new text begin Reviewing application for completeness. new text end

new text begin The commission must review an
application for completeness. An incomplete application must be returned to the applicant,
who may then provide the missing information and resubmit the application within a
commission-prescribed period.
new text end

new text begin Subd. 4. new text end

new text begin Notice to applicant. new text end

new text begin After the commission's initial investigation of a clemency
application, the commission must notify the applicant of the scheduled date, time, and
location that the applicant must appear before the commission for a meeting under section
638.14.
new text end

new text begin Subd. 5. new text end

new text begin Equal access to information. new text end

new text begin Each board and commission member must have
equal access to information under this chapter that is used when making a clemency decision.
new text end

Sec. 7.

new text begin [638.11] THIRD-PARTY NOTIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Notice to victim; victim rights. new text end

new text begin (a) After receiving a clemency
application, the commission must make all reasonable efforts to locate any victim of the
applicant's crime.
new text end

new text begin (b) At least 30 calendar days before the commission meeting at which the application
will be heard, the commission must notify any located victim of:
new text end

new text begin (1) the application;
new text end

new text begin (2) the meeting's scheduled date, time, and location; and
new text end

new text begin (3) the victim's right to attend the meeting and submit an oral or written statement to the
commission.
new text end

new text begin (c) The commission must make all reasonable efforts to ensure that a victim can:
new text end

new text begin (1) submit an oral or written statement; and
new text end

new text begin (2) receive victim support services as necessary to help the victim submit a statement
and participate in the clemency process.
new text end

new text begin Subd. 2. new text end

new text begin Notice to sentencing judge and prosecuting attorney. new text end

new text begin At least 30 calendar
days before the commission meeting at which the application will be heard, the commission
must notify the sentencing judge and prosecuting attorney or their successors of the
application and solicit the judge's and attorney's written statements on whether to grant
clemency.
new text end

new text begin Subd. 3. new text end

new text begin Notice to public. new text end

new text begin At least 30 days before the commission meeting at which the
application will be heard, the commission must publish notice of an application in a local
newspaper of the county in which the applicant's crime occurred.
new text end

Sec. 8.

new text begin [638.12] TYPES OF CLEMENCY; ELIGIBILITY AND WAIVER.
new text end

new text begin Subdivision 1. new text end

new text begin Types of clemency; requirements. new text end

new text begin (a) The board may:
new text end

new text begin (1) pardon a criminal conviction imposed under the laws of this state;
new text end

new text begin (2) commute a criminal sentence imposed by a court of this state to time served or a
lesser sentence; or
new text end

new text begin (3) grant a reprieve of a sentence imposed by a court of this state.
new text end

new text begin (b) A grant of clemency must be in writing and has no force or effect if the governor or
a board majority duly convened opposes the clemency. Every conditional grant of clemency
must state the terms and conditions upon which it was granted, and every commutation
must specify the terms of the commuted sentence.
new text end

new text begin (c) A granted pardon sets aside the conviction and purges the conviction from an
individual's criminal record. The individual is not required to disclose the conviction at any
time or place other than:
new text end

new text begin (1) in a judicial proceeding; or
new text end

new text begin (2) during the licensing process for peace officers.
new text end

new text begin Subd. 2. new text end

new text begin Pardon eligibility; waiver. new text end

new text begin (a) An individual convicted of a crime in a court
of this state may apply for a pardon of the individual's conviction on or after five years from
the sentence's expiration or discharge date.
new text end

new text begin (b) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.
new text end

new text begin (c) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission is exempt from
the meeting requirements under section 638.14 and chapter 13D.
new text end

new text begin (d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.
new text end

new text begin Subd. 3. new text end

new text begin Commutation eligibility. new text end

new text begin (a) An individual may apply for a commutation of
an unexpired criminal sentence imposed by a court of this state, including an individual
confined in a correctional facility or on probation, parole, supervised release, or conditional
release. An application for commutation may not be filed until the date that the individual
has served at least one-half of the sentence imposed or on or after five years from the
conviction date, whichever is earlier.
new text end

new text begin (b) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.
new text end

new text begin (c) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission is exempt from
the meeting requirements under section 638.14 and chapter 13D.
new text end

new text begin (d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.
new text end

Sec. 9.

new text begin [638.13] ACCESS TO RECORDS; ISSUING SUBPOENA.
new text end

new text begin Subdivision 1. new text end

new text begin Access to records. new text end

new text begin (a) Notwithstanding chapter 13 or any other law to
the contrary, upon receiving a clemency application, the board or commission may request
and obtain any relevant reports, data, and other information from state courts, law
enforcement agencies, or state agencies. The board and the commission must have access
to all relevant sealed or otherwise inaccessible court records, presentence investigation
reports, police reports, criminal history reports, prison records, and any other relevant
information.
new text end

new text begin (b) State courts, law enforcement agencies, the sentencing judge or successor, the
prosecuting attorney or successor, and state agencies must promptly respond to record
requests from the board or the commission.
new text end

new text begin Subd. 2. new text end

new text begin Issuing subpoena. new text end

new text begin The board and the commission may issue a subpoena
requiring the presence of any person before the commission or board and the production of
papers, records, and exhibits in any pending matter. When a person is summoned before
the commission or the board, the person may be allowed compensation for travel and
attendance as the commission or the board considers reasonable.
new text end

Sec. 10.

new text begin [638.14] COMMISSION MEETINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Frequency; when open to public. new text end

new text begin (a) The commission must meet at
least four times each year for one or more days at each meeting to hear eligible clemency
applications and recommend appropriate action to the board on each application. One or
more of the meetings may be held at a department-operated correctional facility.
new text end

new text begin (b) All commission meetings are open to the public as provided under chapter 13D, but
the commission may hold closed meetings as provided under chapter 13D or as necessary
to protect sensitive or confidential information, including (1) a victim's identity, and (2)
sensitive or confidential victim testimony.
new text end

new text begin (c) When possible, the commission must record its meetings by audio or audiovisual
means.
new text end

new text begin (d) The governor, attorney general, and chief justice, or their designees, may attend
commission meetings as ex officio nonvoting members, but their attendance does not affect
whether the commission has a quorum.
new text end

new text begin Subd. 2. new text end

new text begin Meeting conduct. new text end

new text begin (a) An applicant for clemency must appear before the
commission either in person or through available forms of telecommunication.
new text end

new text begin (b) The victim of an applicant's crime may appear and speak at the meeting or submit a
written statement to the commission. The commission may treat a victim's written statement
as confidential and not disclose the statement to the applicant or the public if there is or has
been an order for protection, restraining order, or other no-contact order prohibiting the
applicant from contacting the victim.
new text end

new text begin (c) A law enforcement agency's representative may provide the agency's position on
whether the commission should recommend clemency by:
new text end

new text begin (1) appearing and speaking at the meeting; or
new text end

new text begin (2) submitting a written statement to the commission.
new text end

new text begin (d) The sentencing judge and the prosecuting attorney, or their successors, may provide
their positions on whether the commission should recommend clemency by:
new text end

new text begin (1) appearing and speaking at the meeting; or
new text end

new text begin (2) submitting their statements under section 638.11, subdivision 2.
new text end

Sec. 11.

new text begin [638.15] COMMISSION RECOMMENDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds for recommending clemency. new text end

new text begin (a) When recommending whether
to grant clemency, the commission must consider any factors that the commission deems
appropriate, including but not limited to:
new text end

new text begin (1) the nature, seriousness, and circumstances of the applicant's crime; the applicant's
age at the time of the crime; and the time that has elapsed between the crime and the
application;
new text end

new text begin (2) the successful completion or revocation of previous probation, parole, supervised
release, or conditional release;
new text end

new text begin (3) the number, nature, and circumstances of the applicant's other criminal convictions;
new text end

new text begin (4) the extent to which the applicant has demonstrated rehabilitation through
postconviction conduct, character, and reputation;
new text end

new text begin (5) the extent to which the applicant has accepted responsibility, demonstrated remorse,
and made restitution to victims;
new text end

new text begin (6) whether the sentence is clearly excessive in light of the applicant's crime and criminal
history and any sentence received by an accomplice and with due regard given to:
new text end

new text begin (i) any plea agreement;
new text end

new text begin (ii) the sentencing judge's views; and
new text end

new text begin (iii) the sentencing ranges established by law;
new text end

new text begin (7) whether the applicant's age or medical status indicates that it is in the best interest
of society that the applicant receive clemency;
new text end

new text begin (8) the applicant's asserted need for clemency, including family needs and barriers to
housing or employment created by the conviction;
new text end

new text begin (9) for an applicant under the department's custody, the adequacy of the applicant's
reentry plan;
new text end

new text begin (10) the amount of time already served by the applicant and the availability of other
forms of judicial or administrative relief;
new text end

new text begin (11) the extent to which there is credible evidence indicating that the applicant is or may
be innocent of the crime for which they were convicted; and
new text end

new text begin (12) if provided by the applicant, the applicant's demographic data, including race,
ethnicity, gender, disability status, and age.
new text end

new text begin (b) Unless an applicant knowingly omitted past criminal convictions on the application,
the commission or the board must not prejudice an applicant for failing to identify past
criminal convictions.
new text end

new text begin Subd. 2. new text end

new text begin Recommending denial of commutation without hearing. new text end

new text begin (a) At a meeting
under section 638.14, the commission may recommend denying a commutation application
without a board hearing if:
new text end

new text begin (1) the applicant is challenging the conviction or sentence through court proceedings;
new text end

new text begin (2) the applicant has failed to exhaust all available state court remedies for challenging
the sentence; or
new text end

new text begin (3) the commission determines that the matter should first be considered by the parole
authority.
new text end

new text begin (b) A commission recommendation to deny an application under paragraph (a) must be
sent to the board along with the application.
new text end

new text begin Subd. 3. new text end

new text begin Considering public statements. new text end

new text begin When making its recommendation on an
application, the commission must consider any statement provided by a victim, sentencing
judge or successor, prosecuting attorney or successor, or law enforcement agency.
new text end

new text begin Subd. 4. new text end

new text begin Commission recommendation; notifying applicant. new text end

new text begin (a) Before the board's
next meeting at which the clemency application may be considered, the commission must
send to the board:
new text end

new text begin (1) the application;
new text end

new text begin (2) the commission's recommendation;
new text end

new text begin (3) any recording of the commission's meeting related to the application; and
new text end

new text begin (4) all statements from victims, the sentencing judge or successor, the prosecuting
attorney or successor, and law enforcement agencies.
new text end

new text begin (b) No later than 14 calendar days after its dated recommendation, the commission must
notify the applicant in writing of its recommendation.
new text end

Sec. 12.

new text begin [638.16] BOARD MEETINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Frequency; when open to public. new text end

new text begin (a) The board must meet at least two
times each year to consider clemency applications that have received favorable
recommendations under section 638.09, subdivision 1, paragraph (a), clauses (2) and (3),
from the commission and any other applications for which at least one board member seeks
consideration. Any board member may request a hearing on any application.
new text end

new text begin (b) All board meetings are open to the public as provided under chapter 13D, but the
board may hold closed meetings as provided under chapter 13D or as necessary to protect
sensitive or confidential information, including (1) a victim's identity, and (2) sensitive or
confidential victim testimony.
new text end

new text begin (c) Unless excused by the board, the executive director and the commission's chair or
vice-chair must attend all board meetings.
new text end

new text begin Subd. 2. new text end

new text begin Considering statements. new text end

new text begin (a) Applicants, victims, the sentencing judge or
successor, the prosecuting attorney or successor, and law enforcement agencies may not
submit oral or written statements at a board meeting unless:
new text end

new text begin (1) a board member requests a hearing on an application; or
new text end

new text begin (2) the commission has recommended a hearing on an application.
new text end

new text begin (b) The board must consider any statements provided to the commission when
determining whether to consider a clemency application.
new text end

Sec. 13.

new text begin [638.17] BOARD DECISION; NOTIFYING APPLICANT.
new text end

new text begin Subdivision 1. new text end

new text begin Board decision. new text end

new text begin (a) At each meeting, the board must render a decision
on each clemency application considered at the meeting or continue the matter to a future
board meeting. If the board continues consideration of an application, the board must notify
the applicant in writing and explain why the matter was continued.
new text end

new text begin (b) If the commission recommends denying an application and no board member seeks
consideration of the recommendation, it is presumed that the board concurs with the adverse
recommendation and that the application has been considered and denied on the merits.
new text end

new text begin Subd. 2. new text end

new text begin Notifying applicant. new text end

new text begin The commission must notify the applicant in writing of
the board's decision to grant or deny clemency no later than 14 calendar days from the date
of the board's decision.
new text end

Sec. 14.

new text begin [638.18] FILING COPY OF CLEMENCY; COURT ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Filing with district court. new text end

new text begin After granting clemency, the board must file
a copy of the pardon, commutation, or reprieve with the district court of the county in which
the conviction and sentence were imposed.
new text end

new text begin Subd. 2. new text end

new text begin Court action; pardon. new text end

new text begin For a pardon, the court must:
new text end

new text begin (1) order the conviction set aside;
new text end

new text begin (2) include a copy of the pardon in the court file; and
new text end

new text begin (3) send a copy of the order and the pardon to the Bureau of Criminal Apprehension.
new text end

new text begin Subd. 3. new text end

new text begin Court action; commutation. new text end

new text begin For a commutation, the court must:
new text end

new text begin (1) amend the sentence to reflect the specific relief granted by the board;
new text end

new text begin (2) include a copy of the commutation in the court file; and
new text end

new text begin (3) send a copy of the amended sentencing order and commutation to the commissioner
of corrections and the Bureau of Criminal Apprehension.
new text end

Sec. 15.

new text begin [638.19] REAPPLYING FOR CLEMENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Time-barred from reapplying; exception. new text end

new text begin (a) After the board has
considered and denied a clemency application on the merits, an applicant may not file a
subsequent application for five years after the date of the most recent denial.
new text end

new text begin (b) An individual may request permission to reapply before the five-year period expires
based only on new and substantial information that was not and could not have been
previously considered by the board or commission.
new text end

new text begin (c) If a waiver request contains new and substantial information, the commission must
review the request and recommend to the board whether to waive the time restriction. When
considering a waiver request, the commission is exempt from the meeting requirements
under section 638.14 and chapter 13D.
new text end

new text begin (d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.
new text end

new text begin Subd. 2. new text end

new text begin Applying for pardon not precluded. new text end

new text begin If an individual is denied or granted a
commutation, the individual is not precluded from later seeking a pardon of the criminal
conviction once the eligibility requirements of this chapter have been satisfied.
new text end

Sec. 16.

new text begin [638.20] COMMISSION RECORD KEEPING.
new text end

new text begin Subdivision 1. new text end

new text begin Record keeping. new text end

new text begin The commission must keep a record of every application
received, its recommendation on each application, and the final disposition of each
application.
new text end

new text begin Subd. 2. new text end

new text begin When open to public. new text end

new text begin The commission's records and files are open to public
inspection at all reasonable times, except for:
new text end

new text begin (1) sealed court records;
new text end

new text begin (2) presentence investigation reports;
new text end

new text begin (3) Social Security numbers;
new text end

new text begin (4) financial account numbers;
new text end

new text begin (5) driver's license information;
new text end

new text begin (6) medical records;
new text end

new text begin (7) confidential Bureau of Criminal Apprehension records;
new text end

new text begin (8) the identities of victims who wish to remain anonymous and confidential victim
statements; and
new text end

new text begin (9) any other confidential data on individuals, private data on individuals, not public
data, or nonpublic data under chapter 13.
new text end

Sec. 17.

new text begin [638.21] LANGUAGE ACCESS AND VICTIM SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Language access. new text end

new text begin The commission and the board must take reasonable
steps to provide meaningful language access to applicants and victims. Applicants and
victims must have language access to information, documents, and services under this
chapter, with each communicated in a language or manner that the applicant or victim can
understand.
new text end

new text begin Subd. 2. new text end

new text begin Interpreters. new text end

new text begin (a) Applicants and victims are entitled to interpreters as necessary
to fulfill the purposes of this chapter, including oral or written communication. Sections
546.42 to 546.44 apply, to the extent consistent with this section.
new text end

new text begin (b) The commission or the board may not discriminate against an applicant or victim
who requests or receives interpretation services.
new text end

new text begin Subd. 3. new text end

new text begin Victim services. new text end

new text begin The commission and the board must provide or contract for
victim support services as necessary to support victims under this chapter.
new text end

Sec. 18.

new text begin [638.22] LEGISLATIVE REPORT.
new text end

new text begin Beginning February 15, 2025, and every February 15 thereafter, the commission must
submit a written report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety, corrections, and
judiciary that contains at least the following information:
new text end

new text begin (1) the number of clemency applications received by the commission during the preceding
calendar year;
new text end

new text begin (2) the number of favorable and adverse recommendations made by the commission for
each type of clemency;
new text end

new text begin (3) the number of applications granted and denied by the board for each type of clemency;
new text end

new text begin (4) the crimes for which the applications were granted by the board, the year of each
conviction, and the individual's age at the time of the crime; and
new text end

new text begin (5) aggregate demographic data voluntarily reported by applicants, including race,
ethnicity, gender, disability status, and age, of applicants recommended or not recommended
for clemency by the commission.
new text end

Sec. 19.

new text begin [638.23] RULEMAKING.
new text end

new text begin (a) The board and commission may jointly adopt rules, including amending Minnesota
Rules, chapter 6600, to:
new text end

new text begin (1) enforce their powers and duties under this chapter and ensure the efficient processing
of applications; and
new text end

new text begin (2) allow for expedited review of applications if there is unanimous support from the
sentencing judge or successor, the prosecuting attorney or successor, and any victims of the
crime.
new text end

new text begin (b) The time limit to adopt rules under section 14.125 does not apply.
new text end

Sec. 20. new text begin TRANSITION PERIOD.
new text end

new text begin (a) Beginning August 1, 2023, through March 1, 2024, the Department of Corrections
must provide the Clemency Review Commission with administrative assistance, technical
assistance, office space, and other assistance necessary for the commission to carry out its
duties under sections 4 to 21.
new text end

new text begin (b) Beginning July 1, 2024, the Clemency Review Commission must begin reviewing
applications for pardons, commutations, and reprieves. Applications received after the
effective date of this section but before July 1, 2024, must be considered according to
Minnesota Statutes 2022, sections 638.02, subdivisions 2 to 5, and 638.03 to 638.08.
new text end

new text begin (c) A pardon, commutation, or reprieve that is granted during the transition period has
no force or effect if the governor or a board majority duly convened opposes the clemency.
new text end

new text begin (d) By July 1, 2024, the Clemency Review Commission must develop application forms
in consultation with the Board of Pardons.
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. 21. new text begin APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the
general fund to the Clemency Review Commission for its establishment and operation. $......
is the base for fiscal year 2026 and thereafter.
new text end

new text begin (b) $...... in fiscal year 2024 and $...... in fiscal year 2025 are appropriated from the
general fund to the Office of Justice Programs to administer grants for outreach and
engagement on the clemency process and to help prepare applicants for hearings before the
Clemency Review Commission and the Board of Pardons.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 638.02; 638.03; 638.04; 638.05; 638.06; 638.07;
638.075; and 638.08, new text end new text begin are repealed.
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. 23. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1, 2, and 6 to 19 are effective July 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: H2788-2

638.02 PARDONS.

Subdivision 1.

Absolute or conditional pardons; commutation of sentences.

The Board of Pardons may grant an absolute or a conditional pardon, but every conditional pardon shall state the terms and conditions on which it was granted. Every pardon or commutation of sentence shall be in writing and shall have no force or effect unless granted by a unanimous vote of the board duly convened.

Subd. 2.

Petition; pardon extraordinary.

Any person, convicted of a crime in any court of this state, who has served the sentence imposed by the court and has been discharged of the sentence either by order of court or by operation of law, may petition the Board of Pardons for the granting of a pardon extraordinary. Unless the Board of Pardons expressly provides otherwise in writing by unanimous vote, the application for a pardon extraordinary may not be filed until the applicable time period in clause (1) or (2) has elapsed:

(1) if the person was convicted of a crime of violence as defined in section 624.712, subdivision 5, ten years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime; and

(2) if the person was convicted of any crime not included within the definition of crime of violence under section 624.712, subdivision 5, five years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime.

If the Board of Pardons determines that the person is of good character and reputation, the board may, in its discretion, grant the person a pardon extraordinary. The pardon extraordinary, when granted, has the effect of setting aside and nullifying the conviction and of purging the person of it, and the person shall never after that be required to disclose the conviction at any time or place other than in a judicial proceeding or as part of the licensing process for peace officers.

The application for a pardon extraordinary, the proceedings to review an application, and the notice requirements are governed by the statutes and the rules of the board in respect to other proceedings before the board. The application shall contain any further information that the board may require.

Subd. 3.

Pardon extraordinary; filing; copies sent.

Upon granting a pardon extraordinary the Board of Pardons shall file a copy of it with the district court of the county in which the conviction occurred, and the court shall order the conviction set aside and include a copy of the pardon in the court file. The court shall send a copy of its order and the pardon to the Bureau of Criminal Apprehension.

Subd. 4.

Grandfather provision.

Any person granted a pardon extraordinary by the Board of Pardons prior to April 12, 1974 may apply to the district court of the county in which the conviction occurred for an order setting aside the conviction as set forth in subdivision 3.

Subd. 5.

Records.

The term "records" shall include but is not limited to all matters, files, documents and papers incident to the arrest, indictment, information, trial, appeal, dismissal and discharge, which relate to the conviction for which the pardon extraordinary has been granted.

638.03 WARRANT; RETURN.

The Board of Pardons may issue its warrant, under its seal, to any proper officers to carry into effect any pardon, commutation, or reprieve. As soon as may be after the execution of the warrant, the officer to whom it is directed shall make return thereof, under hand, with the doings thereon, to the governor. Such officer shall also file with the court administrator in which the offender was convicted an attested copy of the warrant and return, a brief abstract of which such court administrator shall subjoin to the record of the conviction.

638.04 MEETINGS.

The Board of Pardons shall hold meetings at least twice each year and shall hold a meeting whenever it takes formal action on an application for a pardon or commutation of sentence. All board meetings shall be open to the public as provided in chapter 13D.

The victim of an applicant's crime has a right to submit an oral or written statement at the meeting. The statement may summarize the harm suffered by the victim as a result of the crime and give the victim's recommendation on whether the application for a pardon or commutation should be granted or denied. In addition, any law enforcement agency may submit an oral or written statement at the meeting, giving its recommendation on whether the application should be granted or denied. The board must consider the victim's and the law enforcement agency's statement when making its decision on the application.

638.05 APPLICATION FOR PARDON.

Every application for relief by the Pardon Board shall be in writing, addressed to the Board of Pardons, signed under oath by the convict or someone in the convict's behalf, shall state concisely the grounds upon which the relief is sought, and in addition shall contain the following facts:

(1) the name under which the convict was indicted, and every alias by which the convict is or was known;

(2) the date and terms of sentence, and the names of the offense for which it was imposed;

(3) the name of the trial judge and the county attorney who participated in the trial of the convict, together with that of the county of trial;

(4) a succinct statement of the evidence adduced at the trial, with the endorsement of the judge or county attorney who tried the case that the statement is substantially correct. If this statement and endorsement are not furnished, the reason for failing to furnish them shall be stated;

(5) the age, birthplace, and occupation and residence of the convict during five years immediately preceding conviction;

(6) a statement of other arrests, indictments, and convictions, if any, of the convict.

Every application for relief by the pardon board shall contain a statement by the applicant consenting to the disclosure to the board of any private data concerning the applicant contained in the application or in any other record relating to the grounds on which the relief is sought. In addition, if the applicant resided in another state after the sentence was discharged, the application for relief by the pardon board shall contain a statement by the applicant consenting to the disclosure to the board of any data concerning the applicant that was collected or maintained by the foreign state relating to the grounds on which the relief is sought, including disclosure of criminal arrest and conviction records.

638.06 ACTION ON APPLICATION.

Every application for relief by the Pardon Board shall be filed with the secretary of the Board of Pardons not less than 60 days before the meeting of the board at which consideration of the application is desired. If an application for a pardon or commutation has been once heard and denied on the merits, no subsequent application shall be filed without the consent of two members of the board endorsed on the application. Immediately on receipt of any application, the secretary to the board shall mail notice of the application, and of the time and place of hearing on it, to the judge of the court where the applicant was tried and sentenced, and to the prosecuting attorney who prosecuted the applicant, or a successor in office. Additionally, the secretary shall publish notice of an application for a pardon extraordinary in the local newspaper of the county where the crime occurred. The secretary shall also make all reasonable efforts to locate any victim of the applicant's crime. The secretary shall mail notice of the application and the time and place of the hearing to any victim who is located. This notice shall specifically inform the victim of the victim's right to be present at the hearing and to submit an oral or written statement to the board as provided in section 638.04.

638.07 RECORDS; SECRETARY.

The Board of Pardons shall keep a record of every petition received, and of every pardon, reprieve, or commutation of sentence granted or refused, and the reasons assigned therefor, and shall have a seal, with which every pardon, reprieve, or commutation of sentence shall be attested. It may adopt such additional necessary and proper rules as are not inconsistent herewith. The commissioner of corrections or a designee shall be the secretary of the board. The commissioner shall have charge of and keep its records and perform such other duties as the board may from time to time direct. The commissioner is hereby authorized and empowered to serve subpoenas and other writs or processes necessary to return parole violators to prison, and to bring before the board witnesses to be heard in matters pending before it. The records and all the files shall be kept and preserved by the secretary, and shall be open to public inspection at all reasonable times.

638.075 ANNUAL REPORTS TO LEGISLATURE.

By February 15 of each year, the Board of Pardons shall file a written report with the legislature containing the following information:

(1) the number of applications received by the board during the preceding calendar year for pardons, pardons extraordinary, and commutations of sentence;

(2) the number of applications granted by the board for each category; and

(3) the crimes for which the applications were granted by the board, the year of each conviction, and the age of the offender at the time of the offense.

638.08 ISSUANCE OF PROCESS; WITNESSES; STANDING APPROPRIATION.

The Board of Pardons may issue process requiring the presence of any person or officer before it, with or without books and papers, in any matter pending, and may take such reasonable steps in the matter as it may deem necessary to a proper determination thereof. When any person is summoned before the board by its authority, the person may be allowed such compensation for travel and attendance as it may deem reasonable.