SF 3781

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/24/2026 09:59 a.m.

A bill for an act
relating to crimes; authorizing death penalty for capital offenses; providing statutory
framework, including procedures and criteria for imposition of death penalty;
authorizing Board of Pardons to hear petitions for commutations of death penalty
sentences; providing for automatic appellate review of death penalty cases;
providing for appointment of attorneys in death penalty cases; providing
administrative framework for implementing death penalty; amending Minnesota
Statutes 2024, sections 243.05, subdivision 1; 609.10, subdivision 1; 609.106, by
adding a subdivision; 609.12, subdivision 1; 609.135, subdivision 1; 609.185;
proposing coding for new law in Minnesota Statutes, chapter 638; proposing coding
for new law as Minnesota Statutes, chapter 244A.

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

ARTICLE 1

DEATH PENALTY PROCEDURES

Section 1.

new text begin [244A.01] REQUIRING NOTICE BY STATE IN DEATH PENALTY
CASES.
new text end

new text begin If the state intends to seek the death penalty for a capital offense, the prosecuting attorney
must sign and file with the court, and serve upon the defendant, a notice that the state will
seek the sentence of death in the event of conviction. The notice must be filed and served
within a reasonable time before trial or acceptance by the court of a plea of guilty. If the
prosecuting attorney does not comply with the notice requirements of this section, the court
must not impose the death penalty under section 244A.05.
new text end

Sec. 2.

new text begin [244A.02] APPOINTMENT OF ATTORNEYS IN CAPITAL CASES.
new text end

new text begin Upon notification under section 244A.01 that the prosecuting attorney intends to seek
the death penalty, the court must order the appointment of two attorneys to counsel the
defendant, at least one of whom has had significant criminal defense experience, unless the
court is satisfied that the defendant has retained a competent attorney. If the defendant is
not represented by an attorney and is not able to afford one, the court must order the
appropriate district public defender to assign two public defenders. If the defendant is
convicted and sentenced to death, the state public defender must represent the defendant
during the appeal process.
new text end

Sec. 3.

new text begin [244A.03] SENTENCE OF DEATH FOR CAPITAL OFFENSES;
SENTENCING PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "first degree murder" means
murder in the first degree as defined in section 609.185.
new text end

new text begin Subd. 2. new text end

new text begin Capital offenses. new text end

new text begin A person who commits any of the following offenses is guilty
of a capital offense and is eligible for the death penalty:
new text end

new text begin (1) murder in the first degree under section 609.185, paragraph (a), clause (2), (3), (4),
or (7);
new text end

new text begin (2) first degree murder and the victim was under six years of age;
new text end

new text begin (3) first degree murder while escaping or attempting to escape from a prison, jail, or
secure treatment facility as defined in section 253B.02, subdivision 18a;
new text end

new text begin (4) first degree murder and the murder was committed for remuneration or the promise
of remuneration or employs another to commit the murder for remuneration or the promise
of remuneration;
new text end

new text begin (5) first degree murder and the person murders more than one person during the criminal
transaction or during different criminal transactions but the murders are committed pursuant
to the same scheme or course of conduct;
new text end

new text begin (6) first degree murder of a person in retaliation for or on account of the service or status
of the other person as a judge or justice of the supreme court, court of appeals, or a district
court; county attorney; or public defender;
new text end

new text begin (7) first degree murder and the offender has a prior conviction for murder in the first
degree or a similar offense under the laws of another jurisdiction; or
new text end

new text begin (8) first degree murder and the offender has a prior conviction for criminal sexual conduct
under section 609.342 or 609.343 against a victim under the age of 12.
new text end

new text begin Subd. 3. new text end

new text begin Minors. new text end

new text begin When a defendant is found guilty of a capital offense, the court must
impose a sentence other than death if the defendant was under 18 years of age at the time
of the commission of the crime.
new text end

new text begin Subd. 4. new text end

new text begin DNA evidence. new text end

new text begin A court in a capital offense case must consider all DNA evidence
that is offered by the prosecuting attorney or the defendant. The court must also grant each
reasonable request by the defendant for forensic testing of biological matter.
new text end

new text begin Subd. 5. new text end

new text begin Separate sentencing proceeding to determine if death penalty warranted. new text end

new text begin (a)
If a defendant is convicted of a capital offense, the court must conduct a separate proceeding
to determine whether the defendant should be sentenced to death or to a sentence other than
death as required by law. The proceeding must be conducted before the court sitting with
the jury that determined the defendant's guilt or, if the court, for good cause shown,
discharges that jury, with a new jury impaneled for the purpose.
new text end

new text begin (b) In the proceeding, evidence may be presented about any matter that the court considers
relevant to the sentence, including the nature and circumstances of the crime, the defendant's
character, background, history, and mental and physical condition. The court may receive
any evidence relevant to the sentence, not legally privileged, and that the court considers
to have probative force, regardless of its admissibility under the exclusionary rules of
evidence. The defendant's counsel must be given a fair opportunity to rebut the evidence.
The prosecuting attorney and the defendant or defendant's counsel must be permitted to
present arguments for or against a sentence of death.
new text end

new text begin (c) On conclusion of the presentation of the evidence, the court must submit the following
issues to the jury:
new text end

new text begin (1) whether there is a probability that the defendant would commit criminal acts of
violence that would constitute a continuing threat to society; and
new text end

new text begin (2) in cases in which the jury charge at the guilt or innocence stage permitted the jury
to find the defendant guilty for criminal conduct of another, whether the defendant actually
caused the death of the deceased or did not actually cause the death of the deceased but
intended to kill the deceased or another or anticipated that a human life would be taken.
new text end

new text begin (d) The state must prove each issue submitted under paragraph (c) beyond a reasonable
doubt, and the jury must return a special verdict of "yes" or "no" on each issue submitted
under paragraph (c).
new text end

new text begin (e) The court must charge the jury that:
new text end

new text begin (1) in deliberating on the issues submitted under paragraph (c), the jury must consider
all evidence admitted at the guilt or innocence stage and the punishment stage, including
evidence of the defendant's background or character or the circumstances of the offense
that militates for or mitigates against the imposition of the death penalty;
new text end

new text begin (2) the jury must not answer any issue submitted under paragraph (c) "yes" unless the
jury agrees unanimously, and the jury must not answer any issue "no" unless ten or more
jurors agree; and
new text end

new text begin (3) members of the jury need not agree on what particular evidence supports a negative
answer to any issue submitted under paragraph (c).
new text end

new text begin (f) The court must instruct the jury that if the jury returns an affirmative finding to each
issue submitted under paragraph (c), it must answer the following issue:
new text end

new text begin Whether, taking into consideration all of the evidence, including the circumstances of
the offense, the defendant's character and background, and the personal moral culpability
of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant
that a sentence of life imprisonment without parole rather than a death sentence be imposed.
new text end

new text begin (g) The court must:
new text end

new text begin (1) instruct the jury that if the jury answers that a circumstance or circumstances warrant
a sentence of life imprisonment without parole rather than a death sentence be imposed
under paragraph (f), the court will sentence the defendant to imprisonment for life without
parole; and
new text end

new text begin (2) charge the jury that a defendant sentenced to confinement for life without parole
under this article is ineligible for release on parole.
new text end

new text begin (h) The court must charge the jury that in answering the issue submitted under paragraph
(f), the jury:
new text end

new text begin (1) must answer the issue "yes" or "no";
new text end

new text begin (2) must not answer the issue "no" unless it agrees unanimously and must not answer
the issue "yes" unless ten or more jurors agree;
new text end

new text begin (3) need not agree on what particular evidence supports an affirmative finding on the
issue; and
new text end

new text begin (4) must consider mitigating evidence to be evidence that a juror might regard as reducing
the defendant's moral blameworthiness.
new text end

new text begin (i) If the jury returns an affirmative finding on each issue submitted under paragraph (c)
and a negative finding on an issue submitted under paragraph (f), the court must sentence
the defendant to death. If the jury returns a negative finding on any issue submitted under
paragraph (c), returns an affirmative finding on an issue submitted under paragraph (f), or
is unable to answer any issue submitted under paragraph (c) or (f), the court must sentence
the defendant to confinement in the Department of Corrections for life imprisonment without
parole.
new text end

Sec. 4.

new text begin [244A.04] DEVELOPMENTALLY DISABLED; EXCLUSION FROM DEATH
PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "developmentally disabled" means
the condition of significantly subaverage general intellectual functioning existing concurrently
with significant deficits in adaptive behavior and manifested prior to the age of 18.
new text end

new text begin Subd. 2. new text end

new text begin Notice; developmentally disabled hearing. new text end

new text begin In any case in which the prosecution
has provided notice of an intent to seek the death penalty under section 244A.01, the
defendant may, at a reasonable time prior to the commencement of trial, apply for an order
directing that a developmentally disabled hearing be conducted. The court must promptly
conduct a hearing without a jury to determine whether the defendant is developmentally
disabled.
new text end

new text begin Subd. 3. new text end

new text begin Hearing. new text end

new text begin At a developmentally disabled hearing, the defendant has the initial
burden to present evidence of developmental disability. Once this evidence is presented by
the defendant, the burden of proof is on the prosecution to prove beyond a reasonable doubt
that the defendant is not developmentally disabled. The defendant may present further
evidence in response to the prosecution's case. If the court finds that the prosecution has
failed to meet its burden of proof, the court must preclude the death penalty, and a trial
thereafter must be conducted as in any other case in which a sentence of death is not sought
by the prosecution.
new text end

new text begin Subd. 4. new text end

new text begin Inadmissibility. new text end

new text begin If the defendant is subjected to an examination for purposes
of this section, any statement made by the defendant during the examination is inadmissible
in evidence against the defendant in any criminal action or proceeding on any issue other
than whether the defendant is developmentally disabled.
new text end

new text begin Subd. 5. new text end

new text begin Developmentally disabled evidence; trial. new text end

new text begin A ruling by the court that the death
penalty is not precluded under this section must not restrict the defendant's opportunity to
introduce evidence of developmental disability during trial or to argue that the evidence
should be given mitigating significance. The jury must not be informed of any ruling denying
a defendant's motion under this section.
new text end

Sec. 5.

new text begin [244A.05] IMPOSITION OF DEATH SENTENCE; MODE OF EXECUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Decision. new text end

new text begin (a) Only the jury sitting as a trier of fact may return a sentence
of death. The jury vote for the sentence of death must be unanimous.
new text end

new text begin (b) The court must instruct the jury on the requirements of this subdivision. At that time,
the court must also inform the jury of the nature of the sentence of imprisonment that may
be imposed if the jury verdict is against a sentence of death.
new text end

new text begin Subd. 2. new text end

new text begin Imposition of death. new text end

new text begin (a) The court must sentence the defendant to death when
the jury unanimously:
new text end

new text begin (1) finds beyond a reasonable doubt that the offender committed a capital offense; and
new text end

new text begin (2) recommends that the sentence of death be imposed under section 244A.03, subdivision
5.
new text end

new text begin (b) If the jury does not recommend a sentence of death, the court must sentence the
defendant to imprisonment as provided by law.
new text end

new text begin Subd. 3. new text end

new text begin Sentence of death precluded. new text end

new text begin A sentence of death must not be carried out
upon a person who is under 18 years of age at the time the crime was committed. A sentence
of death must not be carried out upon a person who, by reason of a mental disease or defect,
is unable to understand the impending death or the reasons for it. A sentence of death must
not be carried out upon a person who is pregnant. A sentence of death must not be carried
out upon a person whom the prosecution has failed to prove not developmentally disabled
under section 244A.04.
new text end

new text begin Subd. 4. new text end

new text begin Execution by lethal injection. new text end

new text begin If the court sentences a defendant to death under
subdivision 2, the order of execution must be carried out by administration of a continuous,
intravenous injection of a lethal quantity of an ultra-fast-acting barbiturate in combination
with a chemical paralytic agent until a licensed physician pronounces that the defendant is
dead according to accepted standards of medical practice. The execution by lethal injection
must be performed by a person selected by the chief executive officer of the maximum
security facility at which the execution will take place and trained to administer the injection.
The person administering the injection need not be a physician, registered nurse, or licensed
practical nurse licensed or registered under the laws of this or another state.
new text end

Sec. 6.

new text begin [244A.06] SENTENCING COURT; ADMINISTRATIVE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Date of execution. new text end

new text begin In pronouncing a sentence of death, the court must
set the date of execution not less than 60 days nor more than 90 days from the date the
sentence is pronounced. If execution has been stayed by a court and the date set for execution
has passed before dissolution of the stay, the court in which the defendant was previously
sentenced must, upon dissolution of the stay, set a new date of execution not less than five
nor more than 90 days from the day the date is set. The defendant is entitled to be present
in court on the day the new date of execution is set.
new text end

new text begin Subd. 2. new text end

new text begin Copies of order of execution. new text end

new text begin When a person is sentenced to death, the court
administrator must prepare certified copies of the judgment and order of execution and send
these documents to the governor, defendant, defendant's counsel, attorney general, chief
justice of the supreme court, state court administrator, and the state public defender's office
within five business days following entrance of the order of execution.
new text end

new text begin Subd. 3. new text end

new text begin Delivery of defendant to maximum security facility. new text end

new text begin Pending execution of
a sentence of death, the sheriff or other chief law enforcement officer who has custody of
the defendant must deliver the defendant to the maximum security facility designated by
the commissioner of corrections as the place where the execution is to be held.
new text end

Sec. 7.

new text begin [244A.07] REVIEW OF DEATH SENTENCES BY SUPREME COURT.
new text end

new text begin Subdivision 1. new text end

new text begin Automatic review. new text end

new text begin The judgment of conviction and a sentence of death
are subject to automatic review by the supreme court within 60 days after certification by
the sentencing court of the entire record. The review by the supreme court has priority over
all other cases and must be heard in accordance with rules adopted by the supreme court.
new text end

new text begin Subd. 2. new text end

new text begin Transcript. new text end

new text begin The court administrator, within ten days after receiving the
transcript, must transmit the entire record and transcript to the supreme court together with
a notice prepared by the administrator and a report prepared by the trial judge. The notice
must set forth the title and docket number of the case, the name of the defendant, the name
and address of the defendant's attorney, a narrative statement of the judgment, the offense,
and the punishment prescribed. The report must be in the form of a standard questionnaire
prepared and supplied by the supreme court.
new text end

new text begin Subd. 3. new text end

new text begin Review guidelines; reformation of sentence in capital case. new text end

new text begin In determining
whether a death sentence should be reformed to a sentence of life without parole, the supreme
court must determine whether:
new text end

new text begin (1) there is legally sufficient evidence to support an affirmative answer to an issue
submitted to the jury under section 244A.03, subdivision 5, paragraph (c); or
new text end

new text begin (2) there is reversible error.
new text end

new text begin Subd. 4. new text end

new text begin Briefs. new text end

new text begin Both the defendant and the state have the right to submit briefs within
the time provided by the court and to present oral argument to the court.
new text end

new text begin Subd. 5. new text end

new text begin Decision. new text end

new text begin The supreme court must:
new text end

new text begin (1) affirm the sentence of death;
new text end

new text begin (2) reform the sentence to life without parole; or
new text end

new text begin (3) set the sentence aside and remand the case for resentencing by the trial judge based
on the record and argument of counsel.
new text end

new text begin Subd. 6. new text end

new text begin Notice to governor. new text end

new text begin Within five business days after reaching a decision under
subdivision 5, the supreme court must notify the governor whether the death sentence has
been affirmed, reformed, or set aside.
new text end

Sec. 8.

new text begin [244A.08] UNIFIED REVIEW PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin Procedure. new text end

new text begin The supreme court must establish by rule a unified review
procedure to provide for the presentation to the sentencing court and to the supreme court
of all possible challenges to the trial, conviction, sentence, and detention of defendants upon
whom the sentence of death has been or may be imposed. The unified review procedure
governs both pretrial and posttrial appellate review of death penalty cases.
new text end

new text begin Subd. 2. new text end

new text begin Writ of habeas corpus. new text end

new text begin Nothing in this section or in the rules of the supreme
court limits or restricts the grounds of review or suspends the rights or remedies available
through the procedures governing the writ of habeas corpus.
new text end

Sec. 9.

new text begin [244A.09] STAY OF EXECUTION OF DEATH.
new text end

new text begin Subdivision 1. new text end

new text begin Governor or appeal. new text end

new text begin The execution of a death sentence may be stayed
only by the governor or incident to an appeal.
new text end

new text begin Subd. 2. new text end

new text begin Proceedings when inmate under sentence of death appears to be mentally
ill or pregnant. new text end

new text begin If the governor is informed that an inmate under sentence of death may be
mentally ill or pregnant, the governor must stay execution of the sentence and require the
sentencing court to order a mental or physical examination of the inmate, as appropriate.
new text end

new text begin Subd. 3. new text end

new text begin Examination and hearing. new text end

new text begin (a) If the court orders a mental examination of the
inmate, the court must appoint at least one qualified psychiatrist, clinical psychologist, or
physician experienced in the field of mental illness to examine the defendant and report on
the defendant's mental condition. If the inmate or prosecution has retained a qualified
psychiatrist, clinical psychologist, or physician experienced in the field of mental illness,
the court on request of the inmate or prosecuting attorney must direct that the psychiatrist,
clinical psychologist, or physician be permitted to observe the mental examination and to
conduct a mental examination of the inmate.
new text end

new text begin (b) At the conclusion of the mental examination, the examiner must submit a written
report to the court and send copies to the prosecuting attorney and defense attorney. The
report must contain a diagnosis of the inmate's mental condition and whether the inmate
has the mental capacity to understand the nature of the death penalty and the reasons why
it was imposed.
new text end

new text begin (c) If the court orders a physical examination, it must appoint a qualified physician to
examine the inmate and report on whether the inmate is pregnant.
new text end

new text begin (d) The hearing must be scheduled so that the parties have adequate time to prepare and
present arguments regarding the issue of mental illness or pregnancy. The parties may submit
written arguments to the court before the date of the hearing and may make oral arguments
before the court at the sentencing hearing. Before the hearing, the court must send to the
defendant or the defendant's attorney and the prosecuting attorney copies of the mental or
physical examination.
new text end

new text begin Subd. 4. new text end

new text begin Mental illness. new text end

new text begin (a) If the court decides that the inmate has the mental capacity
to understand the nature of the death penalty and why it was imposed, the court must inform
the governor. The governor must issue a warrant to the chief executive officer of the
maximum security facility where the execution is to be held directing the officer to execute
the sentence at a time designated in the warrant.
new text end

new text begin (b) If the court decides that the inmate does not have the mental capacity to understand
the nature of the death penalty and why it was imposed, the court must inform the governor.
The governor must have the inmate transferred to a secure treatment facility as defined in
section 253B.02, subdivision 18a.
new text end

new text begin (c) A person under sentence of death who has been transferred to a secure treatment
facility under paragraph (b) must be kept there until the Direct Care and Treatment executive
board determines that the person has been restored to mental capacity to understand the
nature of the death penalty and the reason it was imposed. The Direct Care and Treatment
executive board must then notify the governor of the executive board's determination, and
the governor must request the sentencing court to proceed as provided in this section.
new text end

new text begin Subd. 5. new text end

new text begin Pregnancy. new text end

new text begin (a) If the court determines that the inmate is not pregnant, the court
must inform the governor. The governor must issue a warrant to the chief executive officer
of the maximum security facility where the execution is to be held directing the chief
executive officer to execute the sentence at a time designated in the warrant.
new text end

new text begin (b) If the court determines that the inmate is pregnant, the court must inform the governor.
The governor must stay execution of sentence during the pregnancy.
new text end

new text begin (c) If the court determines that an inmate whose execution has been stayed because of
pregnancy is no longer pregnant, the court must inform the governor. The governor must
issue a warrant to the chief executive officer directing the chief executive officer to execute
the sentence at a time designated in the warrant.
new text end

Sec. 10.

new text begin [244A.10] GOVERNOR'S DUTIES; ISSUANCE OF DEATH WARRANT.
new text end

new text begin When notified by the supreme court under section 244A.07 that a death sentence has
been upheld, the governor must issue a death warrant, attach it to a copy of the record,
including the trial court's order of execution and the supreme court's affirming opinion, and
send it to the chief executive officer of the maximum security facility where the inmate
under sentence of death is being held. The warrant must direct that officer to execute the
sentence at a time designated in the warrant. When notified by the supreme court under
section 244A.07 that a death sentence has been set aside, the governor must order the
commissioner of corrections to remove the inmate under sentence of death from the unit
where inmates under sentence of death are confined and reassign the inmate consistent with
the supreme court's opinion.
new text end

Sec. 11.

new text begin [244A.11] COMMISSIONER OF CORRECTIONS; DUTIES;
DESIGNATION OF PLACE OF EXECUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Maximum security facilities. new text end

new text begin The commissioner of corrections must
designate one or more maximum security facilities at which executions of inmates under
death sentence take place. In each maximum security facility designated as a place where
executions take place, the commissioner must establish and maintain a unit for the segregated
confinement of inmates under sentence of death. The commissioner may establish a capital
punishment unit under the supervision of a deputy or assistant commissioner to administer
the functions relating to administering the death penalty under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Place of execution. new text end

new text begin The chief executive officer of a maximum security facility
where executions take place must provide a suitable and efficient room or place in which
executions will be carried out that is enclosed from public view and contains all implements
necessary to executions. The chief executive officer must select the person to perform
executions and the chief executive officer or the officer's designee must supervise the
execution.
new text end

new text begin Subd. 3. new text end

new text begin Executioner's identity; private data. new text end

new text begin Information relating to the identity and
compensation of the executioner is private data on individuals as defined in section 13.02,
subdivision 12. The chief executive officer of the maximum security facility is not required
to record the name of an individual acting as an executioner or any information that could
identify that individual.
new text end

new text begin Subd. 4. new text end

new text begin Regulation of execution. new text end

new text begin The chief executive officer of the maximum security
facility holding an execution or a deputy designated by that officer must be present at the
execution. The chief executive officer must set the day for execution within the week
designated by the governor in the warrant.
new text end

new text begin Subd. 5. new text end

new text begin Witness to execution. new text end

new text begin Twelve citizens selected by the chief executive officer
must witness the execution. The chief executive officer must select six representatives of
the news media to witness the execution. Counsel for the inmate under sentence of death
and members of the clergy requested by the inmate may be present at the execution. All
other persons, except correctional facility officers and the executioner, must be excluded
during the execution.
new text end

new text begin Subd. 6. new text end

new text begin Reading death warrant. new text end

new text begin The warrant authorizing the execution must be read
to the convicted person immediately before death.
new text end

new text begin Subd. 7. new text end

new text begin Return of death warrant of execution issued by governor. new text end

new text begin After the death
sentence has been executed, the chief executive officer of the maximum security facility
where the execution took place must return to the governor the warrant and a signed statement
of the execution. The chief executive officer must file an attested copy of the warrant and
statement with the court administrator that imposed the sentence.
new text end

new text begin Subd. 8. new text end

new text begin Sentence of death unexecuted for unjustifiable reasons. new text end

new text begin If a death sentence
is not executed because of unjustified failure of the governor to issue a warrant or for any
other unjustifiable reason, on application of the attorney general, the supreme court must
issue a warrant directing the sentence to be executed during a week designated in the warrant.
new text end

new text begin Subd. 9. new text end

new text begin Return of warrant of execution issued by supreme court. new text end

new text begin After the sentence
has been executed under a warrant issued by the supreme court, the chief executive officer
of the maximum security facility where the execution took place must return to the supreme
court the warrant and a signed statement of the execution. The chief executive officer must
file an attested copy of the warrant and statement with the court administrator that imposed
the sentence. The chief executive officer must send to the governor an attested copy of the
warrant and statement.
new text end

Sec. 12.

new text begin [244A.12] ATTORNEY GENERAL ASSISTANCE.
new text end

new text begin The attorney general must assist in the prosecution of cases involving the death penalty
if requested to do so by the county attorney.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective August 1, 2026, and apply to crimes committed on or after
that date.
new text end

ARTICLE 2

COMMUTATION OF DEATH PENALTY SENTENCES

Section 1.

new text begin [638.24] BOARD OF PARDONS; COMMUTATION OF DEATH
PENALTY SENTENCES.
new text end

new text begin Subdivision 1. new text end

new text begin Petitions. new text end

new text begin (a) The Board of Pardons must hear petitions for commutations
of death penalty sentences as provided in this subdivision.
new text end

new text begin (b) Only the person sentenced to death or the person's counsel may petition the board
for commutation. The petition must be in writing, be signed by the person sentenced to
death, and include a statement of the grounds upon which the petitioner seeks review.
new text end

new text begin (c) The state is permitted to respond in writing to the petition as may be established by
board rules under subdivision 4. The board must review the petition and determine whether
the petition presents a substantial issue that has not been reviewed in the judicial process.
new text end

new text begin (d) The board must not consider legal issues, including constitutional issues, that:
new text end

new text begin (1) have been reviewed previously by the courts;
new text end

new text begin (2) should have been raised during the judicial process; or
new text end

new text begin (3) if based on new information, are subject to judicial review.
new text end

new text begin (e) If the board does not find a substantial issue, the board must deny the hearing to the
petitioner. If the board finds a substantial issue, the board must conduct a hearing in which
the petitioner and the state may present evidence and argument as may be provided by board
rules.
new text end

new text begin Subd. 2. new text end

new text begin Procedures. new text end

new text begin (a) A petition for commutation may be filed at any time after the
sentencing court has issued an order of execution after completion of an inmate's appeal
from conviction. For purposes of this subdivision, "appeal" does not include any action for
postconviction relief or any other form of collateral attack. The inmate must file the petition
no later than 23 days before the scheduled execution date and must mail a copy by United
States mail, postage prepaid, to the attorney representing the state. If the execution date is
stayed by any court between the time of the sentencing court's issuance of the warrant and
the beginning of the commutation hearing, the hearing must continue and the board must
render its decision in accordance with this section.
new text end

new text begin (b) The petition must include:
new text end

new text begin (1) the petitioner's name and the address of any attorney who is requesting the petitioner
in the commutation proceeding;
new text end

new text begin (2) a statement of reasons why the petitioner believes the sentence of death is not
appropriate due to the specific circumstances pertinent to the petitioner;
new text end

new text begin (3) whether any of the reasons stated as grounds for the petition have been reviewed in
the judicial process;
new text end

new text begin (4) if new information is alleged, a statement of why the information is considered new,
why it could not have been reviewed in the judicial process, and why the information is not
still subject to judicial review;
new text end

new text begin (5) if the petitioner has received one commutation hearing, the petition must include a
statement explaining what, if any, new and significant information exists that justifies a
second hearing; and
new text end

new text begin (6) copies of all written evidence upon which the petitioner intends to rely at the hearing,
along with the names of all witnesses the petitioner intends to call and a summary of the
anticipated testimony.
new text end

new text begin Subd. 3. new text end

new text begin Board action. new text end

new text begin (a) If the board grants the petition, a commutation hearing must
be scheduled as soon as reasonably possible.
new text end

new text begin (b) The board may temporarily stay an execution to fully hear the petition for
commutation.
new text end

new text begin (c) Within seven days of receiving the petition, the attorney general or county attorney
must provide to the board and the petitioner copies of all written evidence, names of
witnesses, and summary of anticipated testimony. The board may request additional
information from either side.
new text end

new text begin (d) The day after receiving the state's response, the board must hold a prehearing
conference to limit the number of witnesses that each side calls, clarify issues that will be
addressed, and take whatever other action it considers necessary and appropriate to control
and direct proceedings.
new text end

new text begin (e) The board must place all witnesses under oath and may impose a time limit on each
side for presenting its case. During the hearing, the board may take whatever actions it
considers necessary and appropriate to maintain order.
new text end

new text begin (f) The board must reconvene in open session to announce and distribute its written
decision.
new text end

new text begin Subd. 4. new text end

new text begin Rules. new text end

new text begin The board must adopt rules to implement the commutation procedures
specified in this section.
new text end

new text begin Subd. 5. new text end

new text begin Decision. new text end

new text begin The board may decide that the sentence of death be allowed to stand
and be carried out in accordance with law or that the death sentence be commuted to life
without the possibility of release.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

ARTICLE 3

TECHNICAL AMENDMENTS

Section 1.

Minnesota Statutes 2024, section 243.05, subdivision 1, is amended to read:

Subdivision 1.

Conditional release.

(a) new text begin Except for a person sentenced to death under
section 244A.05, new text end the Supervised Release Board may parole any person sentenced to
confinement in any state correctional facility for adults under the control of the commissioner
of corrections, provided that:

(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;

(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;

(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.

(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.

(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.

(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.

(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.

(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.

(h) Before revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient substance use disorder treatment. If a probation or parole agent
determines that community options are appropriate and available in the state, the agent must
seek to restructure the offender's terms of release to incorporate those options. If an offender
on probation stipulates in writing to restructure the terms of release, a probation agent must
forward a report to the district court containing:

(1) the specific nature of the technical violation of probation;

(2) the recommended restructure to the terms of probation; and

(3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.

(i) The recommended restructuring of probation becomes effective when confirmed by
a judge. The order of the court is proof of confirmation and amends the terms of the sentence
imposed by the court under section 609.135.

(j) If a nonviolent controlled substance offender's parole or probation is revoked, the
offender's agent must first attempt to place the offender in a local jail.

(k) For purposes of paragraphs (h) to (k):

(1) "nonviolent controlled substance offender" means a person who meets the criteria
described under section 244.0513, subdivision 2, clauses (1), (2), and (5); and

(2) "technical violation" means any violation of a court order of probation or a condition
of parole, except an allegation of a subsequent criminal act that is alleged in a formal
complaint, citation, or petition.

Sec. 2.

Minnesota Statutes 2024, section 609.10, subdivision 1, is amended to read:

Subdivision 1.

Sentences available.

(a) Upon conviction of a felony and compliance
with the other provisions of this chapter new text begin and chapter 244A new text end the court, if it imposes sentence,
may sentence the defendant to the extent authorized by law as follows:

(1) to new text begin death; or
new text end

new text begin (2) to new text end life imprisonment; or

deleted text begin (2) deleted text end new text begin (3) new text end to imprisonment for a fixed term of years set by the court; or

deleted text begin (3) deleted text end new text begin (4) new text end to both imprisonment for a fixed term of years and payment of a fine; or

deleted text begin (4) deleted text end new text begin (5) new text end to payment of a fine without imprisonment or as an intermediate sanction on a
stayed sentence; or

deleted text begin (5) deleted text end new text begin (6) new text end to payment of court-ordered restitution in addition to either imprisonment or
payment of a fine, or both; or

deleted text begin (6) deleted text end new text begin (7) new text end to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court.

(b) If the court imposes a fine or orders restitution under paragraph (a), payment is due
on the date imposed unless the court otherwise establishes a due date or a payment plan.

Sec. 3.

Minnesota Statutes 2024, section 609.106, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Capital punishment; alternative, life without the possibility of release. new text end

new text begin The
court must sentence a person to life without the possibility of release if:
new text end

new text begin (1) the defendant is convicted of a capital offense under section 244A.03;
new text end

new text begin (2) the defendant is eligible for the death penalty under chapter 244A; and
new text end

new text begin (3) the jury recommends under section 244A.05, subdivision 2, that the sentence of life
without the possibility of release be imposed.
new text end

Sec. 4.

Minnesota Statutes 2024, section 609.12, subdivision 1, is amended to read:

Subdivision 1.

Authority; conditions.

A person sentenced to the commissioner of
corrections for imprisonment for a period less than life may be paroled or discharged at any
time without regard to length of the term of imprisonment which the sentence imposes when
in the judgment of the Supervised Release Board, and under the conditions the board imposes,
the granting of parole or discharge would be most conducive to rehabilitation and would
be in the public interest. new text begin A person sentenced to death is not eligible for supervised release
or discharge at any time.
new text end

Sec. 5.

Minnesota Statutes 2024, section 609.135, subdivision 1, is amended to read:

Subdivision 1.

Terms and conditions.

(a) Except when a sentence of new text begin death has been
imposed under chapter 244A, a new text end life deleted text begin imprisonment deleted text end new text begin sentence new text end is required by law, or when a
mandatory minimum sentence is required by section 609.11, any court may stay imposition
or execution of sentence and:

(1) may order intermediate sanctions without placing the defendant on probation; or

(2) may place the defendant on probation with or without supervision and on the terms
the court prescribes, including intermediate sanctions when practicable. The court may order
the supervision to be under the probation officer of the court, or, if there is none and the
conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in
any case by some other suitable and consenting person. Unless the court directs otherwise,
state parole and probation agents and probation officers may impose community work
service or probation violation sanctions, consistent with section 243.05, subdivision 1, or
sections 244.197 to 244.199.

No intermediate sanction may be ordered performed at a location that fails to observe
applicable requirements or standards of chapter 181A or 182, or any rule promulgated under
them.

(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
"intermediate sanctions" includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, intensive probation, sentencing to service,
reporting to a day reporting center, chemical dependency or mental health treatment or
counseling, restitution, fines, day-fines, community work service, work service in a restorative
justice program, work in lieu of or to work off fines and, with the victim's consent, work in
lieu of or to work off restitution.

(c) A court may not stay the revocation of the driver's license of a person convicted of
violating the provisions of section 169A.20.

(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment
is due on the date imposed unless the court otherwise establishes a due date or a payment
plan.

(e) The court may prohibit a defendant from using adult-use cannabis flower as defined
in section 342.01, subdivision 4, or adult-use cannabis products as defined in section 342.01,
subdivision 2, if the defendant undergoes a chemical use assessment and abstinence is
consistent with a recommended level of care for the defendant in accordance with the criteria
under section 254B.04, subdivision 4. The assessment must be conducted by an assessor
qualified under section 245G.11, subdivisions 1 and 5.

(f) A court shall not impose an intermediate sanction that has the effect of prohibiting
a person from participating in the registry program as defined in section 342.01, subdivision
63.

Sec. 6.

Minnesota Statutes 2024, section 609.185, is amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and shall new text begin ,
unless sentenced to death under section 244A.05, new text end be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;

(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit burglary, aggravated robbery, carjacking
in the first or second degree, kidnapping, arson in the first or second degree, a drive-by
shooting, tampering with a witness in the first degree, escape from custody, or any felony
violation of chapter 152 involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.

(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, subdivision 6, clause (4).

(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, subdivision 6, clause (5).

(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.

(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and

(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).

(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective August 1, 2026, and apply to crimes committed on or after
that date.
new text end