SF 1332

Introduction - 86th Legislature (2009 - 2010)

Posted on 02/09/2010 02:20 a.m.

A bill for an act
relating to public safety; expanding the challenge incarceration program;
amending Minnesota Statutes 2008, sections 244.17; 244.172, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 244.17, is amended to read:

244.17 CHALLENGE INCARCERATION PROGRAM.

Subdivision 1.

Generally.

The commissioner deleted text begin may deleted text end new text begin shall new text end select offenders who
meet the eligibility requirements of subdivisions 2 and 3 to participate in a challenge
incarceration program described in sections 244.171 and 244.172 for all or part of the
offender's sentence if the offender agrees to participate in the program and signs a written
contract with the commissioner agreeing to comply with the program's requirements.

Subd. 2.

Eligibility.

new text begin (a) Unless a person is ineligible under subdivision 3, new text end the
commissioner must deleted text begin limit deleted text end new text begin offer a bed in new text end the challenge incarceration program to the
following persons:

(1) offenders who are committed to the commissioner's custody following revocation
of a stayed sentence; and

(2) offenders who are committed to the commissioner's custody, who have 48
months or less in or remaining in their term of imprisonment, and who did not receive a
dispositional departure under the Sentencing Guidelines.

new text begin (b) If there is insufficient space for an eligible person, the commissioner shall place
the person's name on a waiting list and offer the person the chance to participate when
space becomes available.
new text end

Subd. 3.

Offenders not eligible.

The following offenders are not eligible to be
placed in the challenge incarceration program:

(1) offenders who are committed to the commissioner's custody following a
conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping,
robbery, arson, or any other offense involving death or intentional personal injury; and

(2) offenders who were convicted within the preceding ten years of an offense
described in clause (1) and were committed to the custody of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 244.172, subdivision 1, is amended to read:

Subdivision 1.

Phase I.

Phase I of the program lasts at least six months. The
offender must be confined deleted text begin in a state correctional facility designated by the commissioner deleted text end new text begin
at the Minnesota Correctional Facility - Willow River/Moose Lake or the Minnesota
Correctional Facility - Togo new text end and must successfully participate in all intensive treatment,
education and work programs required by the commissioner. The offender must also
submit on demand to random drug and alcohol testing at time intervals set by the
commissioner. Throughout phase I, the commissioner must severely restrict the offender's
telephone and visitor privileges.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3. new text begin CHALLENGE INCARCERATION PROGRAM; FACILITIES.
new text end

new text begin By July 1, 2010, the commissioner of corrections shall prepare the Minnesota
Correctional Facility - Togo to administer the challenge incarceration program under
Minnesota Statutes, sections 244.17 to 244.172, for both male and female participants.
Challenge incarceration beds at this facility shall be in addition to and shall not supplant
existing challenge incarceration beds at other Minnesota correctional facilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end