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HF 726

as introduced - 88th Legislature (2013 - 2014) Posted on 02/21/2013 08:46am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/20/2013

Current Version - as introduced

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A bill for an act
relating to public safety; requiring patients in the Minnesota sex offender
program who commit felony offenses to be committed to the commissioner
of corrections at the time of sentencing and to be incarcerated for the length
of the imposed sentence; amending Minnesota Statutes 2012, sections 244.05,
subdivisions 1, 1b; 244.101, by adding a subdivision; 253B.185, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 244.05, subdivision 1, is amended to read:


Subdivision 1.

Supervised release required.

Except as provided in subdivisions
1b, 4, and 5, new text begin and section 253B.185, subdivision 2, new text end every inmate shall serve a supervised
release term upon completion of the inmate's term of imprisonment as reduced by any
good time earned by the inmate or extended by confinement in punitive segregation
pursuant to section 244.04, subdivision 2. Except for a sex offender conditionally released
under Minnesota Statutes 2004, section 609.108, subdivision 5, the supervised release
term shall be equal to the period of good time the inmate has earned, and shall not exceed
the length of time remaining in the inmate's sentence.

Sec. 2.

Minnesota Statutes 2012, section 244.05, subdivision 1b, is amended to read:


Subd. 1b.

Supervised release; offenders who commit crimes on or after August
1, 1993.

(a) Except as provided in subdivisions 4 and 5, new text begin and section 253B.185, subdivision
2,
new text end every inmate sentenced to prison for a felony offense committed on or after August
1, 1993, shall serve a supervised release term upon completion of the inmate's term of
imprisonment and any disciplinary confinement period imposed by the commissioner due
to the inmate's violation of any disciplinary rule adopted by the commissioner or refusal
to participate in a rehabilitative program required under section 244.03. The amount of
time the inmate serves on supervised release shall be equal in length to the amount of
time remaining in the inmate's executed sentence after the inmate has served the term of
imprisonment and any disciplinary confinement period imposed by the commissioner.

(b) No inmate who violates a disciplinary rule or refuses to participate in a
rehabilitative program as required under section 244.03 shall be placed on supervised
release until the inmate has served the disciplinary confinement period for that disciplinary
sanction or until the inmate is discharged or released from punitive segregation
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.

Sec. 3.

Minnesota Statutes 2012, section 244.101, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Exception. new text end

new text begin As required by section 253B.185, subdivision 2, paragraph (c),
this section does not apply to an offender who is sentenced for a felony level offense while
committed to the commissioner of human services under section 253B.185.
new text end

Sec. 4.

Minnesota Statutes 2012, section 253B.185, subdivision 2, is amended to read:


Subd. 2.

Transfer to correctional facility.

(a) If a person has been committed
under this section and later is committed to the custody of the commissioner of corrections
for any reason, including but not limited to, being sentenced for a crime or revocation of
the person's supervised release or conditional release under section 244.05; 609.3455,
subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or
Minnesota Statutes 2004, section 609.109, subdivision 7, the person shall be transferred to
a facility designated by the commissioner of corrections without regard to the procedures
provided in subdivision 11.

(b) If a person is committed under this section after a commitment to the
commissioner of corrections, the person shall first serve the sentence in a facility
designated by the commissioner of corrections. After the person has served the sentence,
the person shall be transferred to a treatment program designated by the commissioner
of human services.

new text begin (c) A court may not stay adjudication of a felony charge against a person committed
under this section.
new text end

new text begin (d) When a person committed under this section is found guilty of a felony offense,
the court must commit the person to the custody of the commissioner of corrections at
the time of sentencing. The court may not stay the imposition or execution of a felony
sentence against a person committed under this section. Notwithstanding section 244.101
or any other law to the contrary, a person committed to the commissioner of corrections
under this paragraph must serve the entire imposed sentence in a state correctional facility
prior to being returned to the custody of the commissioner of human services pursuant to
paragraph (b).
new text end