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; changing criminal
1.11 	sentencing for certain controlled substance possession
1.12 	offenses; amending Minnesota Statutes 2004, section
1.13 	609A.02, by adding a subdivision; proposing coding for
1.14 	new law in Minnesota Statutes, chapters 152; 244.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. [152.0255] STAYED SENTENCES FOR CERTAIN
1.17 	FIRST-TIME CONTROLLED SUBSTANCE POSSESSORS.
1.18 		Subdivision 1.Stayed sentences authorized; first-time
1.19 	second-, third-, fourth-, and fifth-degree controlled substance
1.20 	possessors. (a) Notwithstanding any contrary provision of the
1.21 	sentencing guidelines, the court may stay the execution of
1.22 	sentence for an offender convicted of violating section 152.022,
1.23 	subdivision 2; 152.023, subdivision 2; 152.024, subdivision 2;
1.24 	or 152.025, subdivision 2, if the offender has not previously
1.25 	been convicted or adjudicated delinquent for a violation of this
1.26 	chapter, or an offense from another jurisdiction similar to an
1.27 	offense under this chapter.  The court may impose appropriate
1.28 	terms and conditions on the offender.
1.29 	(b) If the court stays an offender's sentence under
1.30 	paragraph (a), it shall order the offender to successfully
2.1 	complete a chemical dependency treatment program designated by
2.2 	the court.  The court shall select a program that is appropriate
2.3 	given the offender's chemical dependency needs.  When possible,
2.4 	the program must be tailored specifically to the offender's
2.5 	specific addiction, have an inpatient and outpatient component,
2.6 	including aftercare, and be of a sufficient duration to
2.7 	adequately address the offender's chemical dependency issues.
2.8 	(c) A sentence under this subdivision is not a departure
2.9 	under the sentencing guidelines.
2.10 		Subd. 2.Costs. When a court sentences an offender under
2.11 	this section, it may require the offender to pay the costs of
2.12 	the treatment program as well as other costs authorized by law.
2.13 		Subd. 3.Presentence investigation. The court shall
2.14 	consider the results of the presentence investigation under
2.15 	section 609.115, including the chemical use assessment, and any
2.16 	other relevant information before sentencing an offender
2.17 	described in this section.  The court may sentence the offender
2.18 	under this section only if the sentence is appropriate based on
2.19 	the results of the assessment.
2.20 		Subd. 4.Exception; prior violent crimes or possession of
2.21 	dangerous weapon. Except as otherwise provided in this section,
2.22 	this section does not apply to an offender who has previously
2.23 	been convicted or adjudicated delinquent for a violent crime as
2.24 	defined in section 609.1095 or who possessed a dangerous weapon
2.25 	at the time of arrest.
2.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.27 	and applies to offenders sentenced on or after that date.

2.28 	Sec. 2. [244.055] CONDITIONAL RELEASE OF NONVIOLENT
2.29 	CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.
2.30 		Subdivision 1.Conditional release board. The
2.31 	Conditional Release Board has the authority to release offenders
2.32 	committed to the custody of the commissioner of corrections who
2.33 	meet the requirements of this section and of any rules adopted
2.34 	by the board.
2.35 		Subd. 2.Membership. (a) The board consists of the
2.36 	following five members:
3.1 	(1) the commissioner of corrections or a designee;
3.2 	(2) the commissioner of public safety or a designee; and 
3.3 	(3) three public members appointed by the governor with the
3.4 	advice and consent of the senate.
3.5 	(b) Members of the board appointed by the governor under
3.6 	paragraph (a), clause (3), are not required to have specific
3.7 	academic or professional qualifications but must have knowledge
3.8 	of or experience in corrections or related fields and must be
3.9 	selected based on their sound judgment and ability to consider
3.10 	the needs of persons over whom the board has jurisdiction and
3.11 	the safety of the public.  At least one of the public members
3.12 	must be male, at least one must be female, and at least one must
3.13 	be a member of a racial minority group.
3.14 	(c) Members of the board shall serve for staggered terms
3.15 	and are eligible for reappointment.  Of the initial appointments
3.16 	for the public members, one must be for a two-year term, one
3.17 	must be for a four-year term, and one must be for a six-year
3.18 	term.  The term for reappointments is six years.
3.19 	(d) The removal of members appointed by the governor under
3.20 	paragraph (a), clause (3), and the filling of their vacant
3.21 	positions is governed by section 15.0575.
3.22 		Subd. 3.Conditional release of certain nonviolent
3.23 	controlled substance offenders. An offender who has been
3.24 	committed to the commissioner's custody may petition the board
3.25 	for conditional release from prison before the offender's
3.26 	scheduled supervised release date or target release date if:
3.27 	(1) the offender is serving a sentence for violating
3.28 	section 152.021, 152.022, 152.023, 152.024, or 152.025;
3.29 	(2) the offender committed the crime as a result of a
3.30 	controlled substance addiction, and not primarily for profit;
3.31 	(3) the offender has served at least 36 months or one-half
3.32 	of the offender's term of imprisonment, whichever is less;
3.33 	(4) the offender successfully completed a chemical
3.34 	dependency treatment program while in prison; and 
3.35 	(5) the offender has not previously been conditionally
3.36 	released under this section.
4.1 		Subd. 4.Offer of chemical dependency treatment. The
4.2 	commissioner shall offer all offenders meeting the criteria
4.3 	described in subdivision 3, clauses (1) and (2), the opportunity
4.4 	to begin a suitable chemical dependency treatment program within
4.5 	120 days after the offender's term of imprisonment begins.
4.6 		Subd. 5.Release procedures. The board may not grant
4.7 	conditional release to an offender under this section unless the
4.8 	board determines that the offender's release will not pose a
4.9 	danger to the public or an individual.  In making its
4.10 	determination, the board shall follow the procedures contained
4.11 	in section 244.05, subdivision 5, and the rules adopted by the
4.12 	commissioner of corrections under that subdivision.  The board
4.13 	shall also consider the offender's custody classification and
4.14 	level of risk of violence and the availability of appropriate
4.15 	community supervision for the offender.  Conditional release
4.16 	granted under this section continues until the offender's
4.17 	sentence expires, unless release is rescinded under subdivision
4.18 	6.
4.19 		Subd. 6.Conditional release. The conditions of release
4.20 	granted under this section are governed by the statutes and
4.21 	rules governing supervised release under this chapter, except
4.22 	that release may be rescinded without hearing by the Conditional
4.23 	Release Board if the board determines that continuation of the
4.24 	conditional release poses a danger to the public or to an
4.25 	individual.  If the board rescinds an offender's conditional
4.26 	release, the offender shall be returned to prison and shall
4.27 	serve the remaining portion of the offender's sentence.
4.28 		Subd. 7.Offenders serving other sentences. An offender
4.29 	who is serving both a sentence for an offense described in
4.30 	subdivision 3 and an offense not described in subdivision 3, is
4.31 	not eligible for release under this section unless the offender
4.32 	has completed the offender's full term of imprisonment for the
4.33 	other offense.
4.34 	
EFFECTIVE DATE. This section is effective January 1,
4.35 	2006, and applies to offenders serving terms of imprisonment and
4.36 	to offenders sentenced on or after that date.

5.1 	Sec. 3. Minnesota Statutes 2004, section 609A.02, is
5.2 	amended by adding a subdivision to read:
5.3 		Subd. 1a.Other controlled substance offenses;
5.4 	convictions. A petition may be filed under section 609A.03 to
5.5 	seal all records relating to an arrest, indictment or
5.6 	information, trial, or verdict for a violation of section
5.7 	152.022, 152.023, 152.024, or 152.025 if the actions or
5.8 	proceedings were not resolved in favor of the petitioner, and if:
5.9 	(1) the petitioner was conditionally released under section
5.10 	244.055;
5.11 	(2) at least five years have elapsed since the petitioner
5.12 	has been discharged from conditional release or since the
5.13 	petitioner's sentence has expired; and 
5.14 	(3) the petitioner has not been convicted of any new
5.15 	offense.
5.16 	
EFFECTIVE DATE. This section is effective August 1, 2005.

5.17 	Sec. 4. CONTROLLED SUBSTANCE OFFENDERS CURRENTLY IN
5.18 	PRISON; CONDITIONAL RELEASE.
 5.19 	An offender meeting the criteria described in Minnesota
5.20 	Statutes, section 244.055, subdivision 3, clauses (1), (3), (4),
5.21 	and (5), and subdivision 7, may petition the Conditional Release
5.22 	Board under Minnesota Statutes, section 244.055, for conditional
5.23 	release.  The provisions of Minnesota Statutes, section 244.055,
5.24 	apply to the petition, release decision, and conditional release
5.25 	of offenders under this section.  However, the board shall
5.26 	ensure that the prosecutorial authority responsible for the
5.27 	offender's conviction receives reasonable advance notice of the
5.28 	offender's petition for conditional release.  In addition to the
5.29 	other criteria for release, the board may not conditionally
5.30 	release an offender unless it determines that the offender
5.31 	committed the crime as a result of a controlled substance
5.32 	addiction, and not primarily for profit.

5.33 	EFFECTIVE DATE. This section is effective January 1,
5.34 	2006, and applies to offenders who committed controlled
5.35 	substance crimes before that date.