SF 4409

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 09:09 a.m.

A bill for an act
relating to corrections; expanding conditional medical release to include geriatric
and nonmedical release; requiring a report; amending Minnesota Statutes 2024,
section 244.05, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2024, section 244.05, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Conditional geriatric release; eligibility. new text end

new text begin (a) An incarcerated person is eligible
for conditional geriatric release if the person:
new text end

new text begin (1) is at least 55 years of age and has served the greater of ten years or 50 percent of the
sentence to be served; or
new text end

new text begin (2) is at least 60 years of age and has served at least 20 years.
new text end

new text begin (b) Eligible persons must demonstrate a chronic or serious medical condition associated
with the aging process that substantially diminishes the individual's ability to function within
a correctional facility and for which conventional treatment promises no substantial
improvement.
new text end

new text begin (c) A petition may be submitted by the person, the person's attorney, a family member,
medical director, warden, or advocacy organization. The commissioner must acknowledge
receipt within three business days and issue a written decision within 30 days after receipt.
If no decision is issued within 30 days, the applicant may petition the sentencing court for
review.
new text end

new text begin (d) In determining release eligibility, the commissioner must consider the nature and
circumstances of the offense, institutional adjustment, disciplinary record, victim impact
statements, risk assessments, and whether release would pose a danger to any person or the
community.
new text end

new text begin (e) A release granted under this subdivision operates as a conditional release. The
commissioner must require periodic medical review every 12 months and may revoke release
if the individual's medical condition materially improves or for violation of supervision
conditions.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2024, section 244.05, is amended by adding a subdivision to
read:

new text begin Subd. 8b. new text end

new text begin Family caregiver release. new text end

new text begin (a) An incarcerated person may apply for conditional
family caregiver release if the person is the parent of a minor child or the legal spouse or
domestic partner of an individual who has become incapacitated and no other adequate
family caregiver is available.
new text end

new text begin (b) The application must include verifiable medical records or a death certificate showing
incapacitation or death of the caregiver; documentation of parentage or marriage; a detailed
release plan demonstrating housing, financial support, and care arrangements; and
authorization to obtain supporting records.
new text end

new text begin (c) The warden must convene a multidisciplinary committee including medical, social
services, and program staff to investigate and recommend approval or denial within 30 days
of receipt. If approved, the commissioner must determine appropriate supervision conditions.
new text end

new text begin (d) Failure of a person granted conditional family caregiver release to fulfill the caregiving
responsibility may be treated as a violation of release conditions and subject the person to
revocation of conditional family caregiver release.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2024, section 244.05, is amended by adding a subdivision to
read:

new text begin Subd. 8c. new text end

new text begin Extraordinary and compelling circumstances. new text end

new text begin (a) The commissioner may
grant conditional release for extraordinary and compelling reasons comparable to those
listed in United States Code, title 18, section 3582(c)(1)(A), including but not limited to
terminal illness, debilitating injury or pregnancy, advanced age, or extraordinary family
circumstances.
new text end

new text begin (b) Applications must be reviewed using the criteria in subdivision 8a, paragraph (d),
and processed within 30 days. Denials must be in writing and include specific reasons. An
applicant may petition the sentencing court after 30 days or upon final administrative denial.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2024, section 244.05, is amended by adding a subdivision to
read:

new text begin Subd. 8d. new text end

new text begin Transparency and reporting. new text end

new text begin (a) The commissioner must maintain a publicly
accessible database tracking conditional medical, geriatric, and nonmedical release requests,
including the number of applications received, granted, and denied; the average processing
time; and the criteria relied upon to make decisions on requests.
new text end

new text begin (b) By January 15, 2028, and each year thereafter, the commissioner must submit a
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over corrections detailing data required under paragraph (a) and projected cost
savings resulting from conditional medical, geriatric, and nonmedical release.
new text end

new text begin (c) The commissioner must adopt rules to implement this section consistent with
evidence-based public safety standards and the criteria established by the federal Bureau
of Prisons Program Statement 5050.50 (January 17, 2019).
new text end

new text begin EFFECTIVE DATE. new text end

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