SF 3432
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/21/2026 07:55 p.m.
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A bill for an act
relating to public safety; modifying provisions relating to clemency applications;
appropriating money; amending Minnesota Statutes 2024, sections 638.09, by
adding a subdivision; 638.12, subdivision 2; 638.14, subdivision 5; 638.16,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 638.09, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Panel of members; prescreening applications. new text end
new text begin
(a) The commission may
appoint panels of three members to prescreen clemency and waiver applications. Each panel
must be comprised of a member appointed by the governor, the attorney general, and the
chief justice of the supreme court.
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(b) A panel's meeting must be open to the public. The third-party notification provisions
of section 638.11 do not apply to panel meetings. The applicant is not required to attend
the panel meeting where the panel reviews the applicant's application. In addition to the
information contained in the application, the panel may consider any other statements or
information submitted by an interested party.
new text end
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(c) Except as otherwise provided for in paragraph (d), a panel may take one of the
following actions:
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(1) recommend that the board deny the application without a commission hearing, if the
vote is unanimous; or
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(2) refer the application to the commission for a hearing.
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(d) Panels may be used to review requests for expedited processing of pardon applications
if the commission and board adopt rules that establish objective criteria for determining
which applications are eligible for expedited processing. A panel may take one of the
following actions on applications eligible for expedited processing:
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(1) recommend that the board deny the application without a commission hearing, if the
vote is unanimous;
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(2) refer the application to the commission for a hearing; or
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(3) recommend that the board grant the application without a hearing, if the vote is
unanimous.
new text end
Sec. 2.
Minnesota Statutes 2024, section 638.12, subdivision 2, is amended to read:
Subd. 2.
Pardon eligibility; waiver.
(a) Except as provided in paragraphs (b) and (c),
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.
(b) An individual convicted before August 1, 2023, of a violation of section 609.19,
subdivision 1, clause (1), under the theory of liability for crimes of another may apply for
a pardon upon the sentence's expiration or discharge date if the individual:
(1) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
(i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
(ii) did not cause the death of a human being; and
(iii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
(2) was charged with a violation of section 609.19, subdivision 2, and:
(i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
(ii) did not cause the death of a human being; and
(iii) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph
(c), in the underlying felony or did not act with extreme indifference to human life.
(c) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.
(d) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission deleted text begin isdeleted text end new text begin and the board
arenew text end exempt from the meeting requirements under section 638.14 and chapter 13D.
(e) The board must grant a waiver request unless the governor or a board majority opposes
the waiver.
Sec. 3.
Minnesota Statutes 2024, section 638.14, subdivision 5, is amended to read:
Subd. 5.
Applicant appearance; third-party statements.
(a) new text begin Except as provided for
in paragraph (e), new text end an applicant for clemency must appear before the commission either in
person or through available forms of telecommunication.
(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, harassment restraining order, or other no-contact order
prohibiting the applicant from contacting the victim.new text begin At the request of the victim, the
commission may treat a victim's written statement as confidential and not disclose the
statement to the public.
new text end
(c) A law enforcement agency's representative may provide the agency's position on
whether the commission should recommend clemency by:
(1) appearing and speaking at the meeting; or
(2) submitting a written statement to the commission.
(d) The sentencing judge and the prosecuting attorney, or their successors, may provide
their positions on whether the commission should recommend clemency by:
(1) appearing and speaking at the meeting; or
(2) submitting their statements under section 638.11, subdivision 2.
new text begin
(e) The governor may waive the hearing requirement under paragraph (a) if:
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(1) the applicant's petition requires immediate review by the board;
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(2) waiver of the hearing serves a significant public interest;
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(3) the applicant has previously appeared before the board; or
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(4) the applicant provides good cause to do so.
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Sec. 4.
Minnesota Statutes 2024, section 638.16, subdivision 1, is amended to read:
Subdivision 1.
Frequency.
(a) The board must meet at least two times each year to
consider and vote on clemency applications.
(b) If the commission recommends that an application receive a hearing, the board must
hold a hearing on the application unless all the board members decline a hearing.
(c) If the commission recommends that an application not receive a hearing, the board
must not hold a hearing on the application unless at least one board member requests a
hearing.
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(d) Pursuant to section 638.09, subdivision 6, if a panel of the commission recommends
granting or denying an application without a full commission hearing, the board may:
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(1) adopt the panel's recommendation; or
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(2) direct the full commission to conduct a hearing on the application.
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(e) If the governor waives the hearing requirement for an application pursuant to section
638.14, subdivision 5, paragraph (e), the board must hold a hearing on that application.
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Sec. 5. new text begin APPROPRIATION.
new text end
new text begin
$375,000 in fiscal year 2027 is appropriated from the general fund to the Clemency
Review Commission to increase the commission's capacity to process clemency petitions.
new text end