SF 4977

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 09:29 a.m.

A bill for an act
relating to public safety; expanding and refining the procedures of the Clemency
Review Commission and Board of Pardons; authorizing rulemaking; 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;
638.18, subdivision 2; 638.19, subdivision 1; 638.23; Laws 2025, chapter 35,
article 2, section 8.

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 composed of a member appointed by the governor, the attorney general, and the
chief justice of the supreme court.
new text end

new text begin (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

new text begin (c) Except as otherwise provided in paragraph (d), a panel may take one of the following
actions:
new text end

new text begin (1) recommend that the board deny the application without a commission hearing, if the
vote is unanimous; or
new text end

new text begin (2) refer the application to the commission for a hearing.
new text end

new text begin (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:
new text end

new text begin (1) recommend that the board deny the application without a commission hearing, if the
vote is unanimous;
new text end

new text begin (2) refer the application to the commission for a hearing; or
new text end

new text begin (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 is deleted text end new text begin and the board
are new 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 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. new text begin At the request of a victim, new text end the commission may new text begin allow
the victim to speak in a closed meeting or new text end treat a victim's written statement as confidential
and not disclose the statement to the applicant or the public deleted text begin 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 deleted 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:
new text end

new text begin (1) the applicant's petition requires immediate review by the board;
new text end

new text begin (2) waiver of the hearing serves a significant public interest;
new text end

new text begin (3) the applicant has previously appeared before the board; or
new text end

new text begin (4) the applicant provides good cause to do so.
new text end

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.

new text begin (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:
new text end

new text begin (1) adopt the panel's recommendation; or
new text end

new text begin (2) direct the full commission to conduct a hearing on the application.
new text end

Sec. 5.

Minnesota Statutes 2024, section 638.18, subdivision 2, is amended to read:

Subd. 2.

Court action; pardon.

(a) For a pardon, the court must:

(1) order the conviction set aside;

(2) include a copy of the pardon in the court file;

(3) order all records wherever held relating to the arrest, indictment or information, trial,
verdict, and pardon sealed and prohibit the disclosure of the existence of the records or the
opening of the records except new text begin :
new text end

new text begin (i) new text end under court order new text begin ;
new text end

new text begin (ii) by the Clemency Review Commission with written consent of the person who
received the pardon; new text end or

new text begin (iii) new text end pursuant to section 609A.03, subdivision 7a, paragraph (b), clause (1), (7), or (8);
and

(4) send a copy of the order and the pardon to the Bureau of Criminal Apprehension and
all other government entities that hold affected records.

(b) Consistent with section 609A.03, subdivision 8, the court administrator shall send a
copy of the expungement order to each government entity whose records are affected by
the order, including but not limited to the Department of Corrections, the Department of
Public Safety, and law enforcement agencies.

Sec. 6.

Minnesota Statutes 2024, section 638.19, subdivision 1, is amended to read:

Subdivision 1.

Time-barred from reapplying; exception.

(a) After the board has
considered and denied a clemency application on the merits, an applicant may not file a
subsequent application for five years after the date of the most recent denial. This paragraph
applies if an application is denied according to section 638.17, subdivision 1, paragraph
(b).

(b) An individual may request permission to reapply before the five-year period expires
based only on new and substantial information that was not and could not have been
previously considered by the board or commission.

(c) If a waiver request contains new and substantial information, the commission must
review the request and recommend to the board whether to waive the time restriction. When
considering a waiver request, the commission deleted text begin is deleted text end new text begin and board are new text end exempt from the meeting
requirements under section 638.14 and chapter 13D.

(d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.

Sec. 7.

Minnesota Statutes 2024, section 638.23, is amended to read:

638.23 RULEMAKING.

(a) The board and commission may jointly adopt rules, including amending Minnesota
Rules, chapter 6600, to:

(1) enforce their powers and duties under this chapter and ensure the efficient processing
of applications; and

(2) establish a process for expedited review of applications requesting clemency for a
nonviolent crime.

(b) A rule adopted under paragraph (a), clause (2), must specify the types of nonviolent
crimes eligible for expedited review and the level of support needed from the sentencing
judge or successor, the prosecuting attorney or successor, and any victims of the crime for
the board to consider the application under the expedited review process.

(c) The time limit to adopt rules under section 14.125 does not apply.

new text begin (d) The board and commission may adopt rules using the expedited rulemaking process
in section 14.389.
new text end

Sec. 8.

Laws 2025, chapter 35, article 2, section 8, is amended to read:

Sec. 8. CLEMENCY REVIEW COMMISSION

$

995,000

$

deleted text begin 1,005,000 deleted text end new text begin ....... new text end

new text begin The supplemental appropriation for fiscal year
2027 may be used to:
new text end

new text begin (1) hire additional staff;
new text end

new text begin (2) offset the costs of the agency's integrated
case management system;
new text end

new text begin (3) fund paid training for commission
members; and
new text end

new text begin (4) fund office relocation expenses.
new text end

new text begin The base for this activity is $....... beginning
in fiscal year 2028 and thereafter.
new text end