1.1 	A bill for an act
1.2 	relating to public safety; creating a Conditional
1.3 	Release Board with the authority to order the
1.4 	conditional release from prison of certain nonviolent
1.5 	controlled substance offenders, if the release of
1.6 	these offenders does not pose a danger to the public
1.7 	or any individual; authorizing expungements of
1.8 	conviction records for these offenders; requiring the
1.9 	Department of Corrections to offer chemical dependency
1.10 	treatment to certain offenders; authorizing an RFP for
1.11 	the construction and operation of correctional
1.12 	facilities to house and treat controlled substance
1.13 	offenders; amending Minnesota Statutes 2004, section
1.14 	609A.02, by adding a subdivision; proposing coding for
1.15 	new law in Minnesota Statutes, chapters 243; 244.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. [243.051] PLACEMENT OF CERTAIN CONTROLLED
1.18 	SUBSTANCE OFFENDERS.
1.19 	The commissioner of corrections may place an offender who
1.20 	meets the criteria described in section 244.055, subdivision 3,
1.21 	clauses (1) and (2), and who is committed to the commissioner's
1.22 	custody at a correctional facility described in section 4.  In
1.23 	addition, if there is sufficient space available, the facility's
1.24 	operator may rent beds to counties for the placement of
1.25 	controlled substance offenders who are on probation.

1.26 	Sec. 2. [244.055] CONDITIONAL RELEASE OF NONVIOLENT
1.27 	CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.
1.28 		Subdivision 1.Conditional release board. The
1.29 	Conditional Release Board has the authority to release offenders
1.30 	committed to the custody of the commissioner of corrections who
2.1 	meet the requirements of this section and of any rules adopted
2.2 	by the board.
2.3 		Subd. 2.Membership. (a) The board consists of the
2.4 	following five members:
2.5 	(1) the commissioner of corrections or a designee;
2.6 	(2) the commissioner of public safety or a designee; and 
2.7 	(3) three public members appointed by the governor with the
2.8 	advice and consent of the senate.
2.9 	(b) Members of the board appointed by the governor under
2.10 	paragraph (a), clause (3), are not required to have specific
2.11 	academic or professional qualifications but must have knowledge
2.12 	of or experience in corrections or related fields and must be
2.13 	selected based on their sound judgment and ability to consider
2.14 	the needs of persons over whom the board has jurisdiction and
2.15 	the safety of the public.  At least one of the public members
2.16 	must be male, at least one must be female, and at least one must
2.17 	be a member of a racial minority group.
2.18 	(c) Members of the board shall serve for a term of six
2.19 	years and are eligible for reappointment.
2.20 	(d) The removal of members appointed by the governor under
2.21 	paragraph (a), clause (3), and the filling of their vacant
2.22 	positions is governed by section 15.0575.
2.23 		Subd. 3.Conditional release of certain nonviolent
2.24 	controlled substance offenders. An offender who has been
2.25 	committed to the commissioner's custody may petition the board
2.26 	for conditional release from prison before the offender's
2.27 	scheduled supervised release date or target release date if:
2.28 	(1) the offender is serving a sentence for violating
2.29 	section 152.021, 152.022, 152.023, 152.024, or 152.025;
2.30 	(2) the sentencing court determined at the time of
2.31 	sentencing that the offender committed the crime as a result of
2.32 	a controlled substance addiction, and not primarily for profit;
2.33 	(3) the offender has served at least 24 months or one-half
2.34 	of the offender's term of imprisonment, whichever is less; and 
2.35 	(4) the offender successfully completed a chemical
2.36 	dependency treatment program while in prison.
3.1 		Subd. 4.Offer of chemical dependency treatment. The
3.2 	commissioner shall offer all offenders meeting the criteria
3.3 	described in subdivision 3, clauses (1) and (2), the opportunity
3.4 	to begin a suitable chemical dependency treatment program within
3.5 	120 days after the offender's term of imprisonment begins.
3.6 		Subd. 5.Release procedures. The board may not grant
3.7 	conditional release to an offender under this section unless the
3.8 	board determines that the offender's release will not pose a
3.9 	danger to the public or an individual.  In making its
3.10 	determination, the board shall follow the procedures contained
3.11 	in section 244.05, subdivision 5, and the rules adopted by the
3.12 	commissioner of corrections under that subdivision.  The board
3.13 	shall also consider the offender's custody classification and
3.14 	level of risk of violence and the availability of appropriate
3.15 	community supervision for the offender.  Conditional release
3.16 	granted under this section continues until the offender's
3.17 	sentence expires, unless release is rescinded under subdivision
3.18 	6.
3.19 		Subd. 6.Conditional release. The conditions of release
3.20 	granted under this section are governed by the statutes and
3.21 	rules governing supervised release under this chapter, except
3.22 	that release may be rescinded without hearing by the Conditional
3.23 	Release Board if the board determines that continuation of the
3.24 	conditional release poses a danger to the public or to an
3.25 	individual.  If the board rescinds an offender's conditional
3.26 	release, the offender shall be returned to prison and shall
3.27 	serve the remaining portion of the offender's sentence.
3.28 		Subd. 7.Offenders serving other sentences. An offender
3.29 	who is serving both a sentence for an offense described in
3.30 	subdivision 3 and an offense not described in subdivision 3, is
3.31 	not eligible for release under this section unless the offender
3.32 	has completed the offender's full term of imprisonment for the
3.33 	other offense.
3.34 	
EFFECTIVE DATE. This section is effective January 1,
3.35 	2006, and applies to offenders serving terms of imprisonment and
3.36 	to offenders sentenced on or after that date.

4.1 	Sec. 3. Minnesota Statutes 2004, section 609A.02, is
4.2 	amended by adding a subdivision to read:
4.3 		Subd. 1a.Other controlled substance offenses;
4.4 	convictions. A petition may be filed under section 609A.03 to
4.5 	seal all records relating to an arrest, indictment or
4.6 	information, trial, or verdict for a violation of section
4.7 	152.022, 152.023, 152.024, or 152.025 if the actions or
4.8 	proceedings were not resolved in favor of the petitioner, and if:
4.9 	(1) the petitioner was conditionally released under section
4.10 	244.055;
4.11 	(2) at least five years have elapsed since the petitioner
4.12 	has been discharged from conditional release or since the
4.13 	petitioner's sentence has expired; and 
4.14 	(3) the petitioner has not been convicted of any new
4.15 	offense.
4.16 	
EFFECTIVE DATE. This section is effective August 1, 2005.

4.17 	Sec. 4. RFP TO CONSTRUCT AND OPERATE CORRECTIONAL
4.18 	FACILITIES FOR CONTROLLED SUBSTANCE OFFENDERS.
 4.19 	(a) The commissioner of corrections shall issue a request
4.20 	for proposals from vendors, including private vendors, to
4.21 	construct and operate a secure correctional facility to house
4.22 	controlled substance offenders committed to the commissioner's
4.23 	custody.  The request must solicit proposals for a facility or
4.24 	facilities for up to 1,000 offenders.  At least one facility
4.25 	must be for female offenders.  At least one facility must
4.26 	include a faith-based treatment program.
4.27 	(b) Proposals must:
4.28 	(1) include a plan for the operation of comprehensive,
4.29 	long-term chemical dependency treatment programs within the
4.30 	facility for methamphetamine as well as other controlled
4.31 	substances;
4.32 	(2) provide for the tracking of released offenders to
4.33 	document recidivism rates for a minimum of four years after
4.34 	release; and 
4.35 	(3) provide the state of Minnesota with a first right to
4.36 	acquire the facility if the private vendor wishes to discontinue
5.1 	providing services to the Department of Corrections.

5.2 	EFFECTIVE DATE. This section is effective the day
5.3 	following final enactment.