HF 928

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to corrections; establishing a parole board;
prescribing its membership, duties, and powers;
prescribing when an individual is eligible to be
considered for parole; appropriating money; proposing
coding for new law as Minnesota Statutes, chapter 244A.

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

Section 1.

new text begin [244A.01] CORRECTIONS BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin There is created a Corrections
Board consisting of five full-time members; four members shall
be appointed by the governor, with the advice and consent of the
senate. No more than two members appointed by the governor
shall belong to the same political party. An appointment to a
vacancy shall be made in the same manner as other appointments
and shall be for the unexpired term. The fifth member shall be
chair and shall be an officer of the Department of Corrections
in the unclassified service and shall be appointed by the
commissioner of corrections to serve at the commissioner's
pleasure.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin A candidate for appointment to
the Corrections Board is not required to have specific academic
or professional attainment, but shall have knowledge or
experience in corrections or related fields and be selected on
the basis of sound judgment and the ability to consider both the
needs of individuals over whom the board has jurisdiction and
the safety of the public. Among the members appointed by the
governor, at least one shall be a woman, one a man, and one a
member of a racial minority.
new text end

new text begin Subd. 3. new text end

new text begin Terms of office; reappointment. new text end

new text begin Members of the
board shall serve six year staggered terms. A member is
eligible for reappointment. Removal of members is governed by
section 15.0575, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Compensation; expenses. new text end

new text begin Each member of the
board other than the chair shall receive as compensation 85
percent of a district court judge's salary per year, payable in
the same manner as other employees of the state. The chair of
the board shall receive as compensation the chair's salary as an
officer of the Department of Corrections, which shall not be
less than the salary of the other members of the board. In
addition to the compensation provided in this subdivision, each
member of the board shall be reimbursed for expenses paid or
incurred in the performance of official duties in the same
manner as other employees of the state. This compensation and
these expenses shall be paid out of the general fund in the same
manner as the salaries and expenses of other state officers,
except that the salary and expenses of the chair of the board
shall be paid out of funds appropriated to the commissioner of
corrections.
new text end

new text begin Subd. 5. new text end

new text begin Quorum. new text end

new text begin (a) The board may sit in units of three
as designated by the chair under rules prescribed by the board,
and such a unit constitutes a quorum.
new text end

new text begin (b) The chair may, with the approval of the commissioner of
corrections, appoint employees of the Department of Corrections
to perform administrative duties as assigned by the chair.
new text end

Sec. 2.

new text begin [244A.02] BOARD POWERS; LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Powers. new text end

new text begin (a) Except as provided in
subdivision 2, the Corrections Board, giving due consideration
to public safety, may parole an individual sentenced to
confinement in an adult correctional facility:
new text end

new text begin (1) if the person was not convicted of a violent crime, as
that term is defined in paragraph (c);
new text end

new text begin (2) if the person has not previously been convicted of a
felony anywhere in the United States; and
new text end

new text begin (3) if there has been a profound change in the individual's
character and conduct since the time of the offense.
new text end

new text begin (b) If the Corrections Board determines an individual is in
need of drug treatment to become eligible for parole, the board
may send the individual to the challenge incarceration program
provided for in section 244.17 or a long-term secure drug
treatment facility. If the individual successfully completes
drug treatment, the board shall reconsider the individual's
petition for parole.
new text end

new text begin (c) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
sections 152.021, subdivisions 1 and 2; 152.022, subdivision 1;
152.023, subdivision 1; 152.024, subdivision 1; 609.108;
609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.21;
609.221; 609.222; 609.223; 609.228; 609.229; 609.235; 609.24;
609.245; 609.25; 609.255; 609.265; 609.2661; 609.2662; 609.2663;
609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342;
609.343; 609.344; 609.345; 609.3451; 609.377; 609.378; 609.385;
609.498, subdivision 1; 609.561; 609.562; 609.563; 609.582,
subdivisions 1, 1a, and 2; 609.66, subdivision 1e; 609.687;
609.71, subdivisions 1 and 2; 609.712; 609.713; 609.714;
609.749; and 609.855, subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Limitations. new text end

new text begin An individual sentenced under the
sentencing guidelines is not eligible for parole until the
individual has served one-half of his or her sentence-to-serve.
"Sentence-to-serve" as applied to individuals whose crimes were
committed before August 1, 1993, is the period of time for which
the individual was committed to the custody of the commissioner
of corrections minus good time allowed. Sentence-to-serve as
applied to individuals whose crimes were committed on or after
August 1, 1993, is the period of time equal to two-thirds of the
individual's executed sentence. Parole is not authorized if
proscribed by United States Code, title 42, section 13704.
new text end

new text begin Subd. 3. new text end

new text begin Legal custody of parolees. new text end

new text begin Upon being paroled
and released, an individual remains in the legal custody and
under the control of the Corrections Board, subject to be
returned at any time to a facility of the Department of
Corrections. If the individual is returned, the legal custody
of the individual reverts to the commissioner of corrections. A
written order of the Corrections Board, certified by the chair
of the board, is sufficient to authorize a peace officer or
state parole or probation agent to retake and place in the
custody of the Corrections Board any parolee, but a state parole
or probation agent may, without order of warrant, when it
appears necessary to prevent escape or enforce discipline, take
and detain a parolee to the custody of the Corrections Board for
its action. A written order of the commissioner of corrections
is sufficient for a peace officer or state parole or probation
agent to retake and place in actual custody an individual on
probation under the supervision of the commissioner pursuant to
section 609.135, but any state parole or probation agent may,
when it appears necessary to prevent escape or enforce
discipline, retake and detain such probationer without such an
order and bring a paroled individual before the court for
further proceedings under section 609.14. Paroled individuals,
and those on probation under the supervision of the commissioner
of corrections pursuant to section 609.135 may be placed within
or without the boundaries of the state at the discretion of the
board or of the commissioner of corrections, and the limits
fixed for such individuals may be enlarged or reduced according
to their conduct.
new text end

new text begin Subd. 4. new text end

new text begin Parole hearings. new text end

new text begin (a) In considering
applications for parole or final release, the board is not
required to hear oral argument from any attorney or other person
not connected with a facility of the Department of Corrections,
but it may institute inquiries by correspondence, taking
testimony or otherwise, as to the previous history, physical or
mental condition, and character of an applicant, and to that end
it has authority to require the attendance of the chief
executive officer of the relevant Minnesota correctional
facility and the production of the records of the facility, and
to compel the attendance of witnesses. Each member of the board
is authorized to administer oaths to witnesses.
new text end

new text begin (b) A victim, or if the victim is deceased, the victim's
next of kin, of a crime for which the parole applicant was
convicted has the right to testify in person or in writing
before the board. Testimony may include the victim's reaction
to the applicant's release and a summary of reasons supporting
the victim's statement. The board must consider the victim's
statement in its decision.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin On or before January 1 of each year,
the board shall submit a written report to the committees of the
senate and the house of representatives with jurisdiction over
criminal justice policy that identifies the persons granted
parole in the preceding year and the cost savings, if any, to
the Department of Corrections that resulted from the parole of
these offenders. The report shall also include the board's
recommendations for policy modifications that influence the
board's duties.
new text end

Sec. 3.

new text begin [244A.03] CREDITS FOR PRISONERS.
new text end

new text begin Each inmate shall be credited for good prison demeanor,
diligence in labor and study and results accomplished, and be
charged for derelictions, negligences, and offenses under a
uniform system of marks or other methods prescribed by the
commissioner of corrections. The commissioner of corrections
shall inform the Corrections Board of the work progress,
derelictions, negligences, demeanor, and future program of each
inmate a month before the inmate's appearance before the
Corrections Board.
new text end

Sec. 4.

new text begin [244A.04] DUTY OF BOARD; FINAL DISCHARGE.
new text end

new text begin The Corrections Board shall keep in communication with all
those on parole and also with their employers, and when any
parolee has kept the conditions of parole in a manner and for a
period of time that satisfies the board that the parolee is
rehabilitated, trustworthy, will remain at liberty without
violating the law, and that final release is not incompatible
with the welfare of society, then the board has power in its
discretion to grant to such individual a final discharge from
confinement. If final discharge is granted, the board shall
issue to the individual a certificate of final discharge, and
shall also cause a record of the acts of the individual to be
made showing the date of commitment, record while in prison, the
date of parole, record while on parole, and its reasons for
determining final discharge, together with any other facts that
the board deems relevant. Nothing in sections 244A.01 to
244A.08 impairs the power of the Board of Pardons to grant a
pardon or commutation in any case.
new text end

Sec. 5.

new text begin [244A.05] SUPERVISION BY COMMISSIONER OF
CORRECTIONS; AGENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Parole supervision. new text end

new text begin Other than in
Community Corrections Act counties, the commissioner of
corrections shall exercise supervision over individuals released
on parole or probation pursuant to sections 244A.01 to 244A.08.
The responsibilities and powers granted to the commissioner of
corrections under sections 241.26, 242.10, 242.19, 242.46,
243.05, and 244.05, shall be exercised with regard to an
individual paroled by the board under sections 244A.01 to
244A.08.
new text end

new text begin Subd. 2. new text end

new text begin Agents. new text end

new text begin For the purposes of subdivisions 1 and
2, and sections 609.115 and 609.135, subdivision 1, the
commissioner shall appoint state agents who shall be in the
classified service of the state civil service. The commissioner
may also appoint suitable persons in any part of the state or
enter into agreements with individuals and public or private
agencies, for the same purposes, and pay the costs incurred
under the agreements. Every agent shall perform the duties the
commissioner prescribes on behalf of or in the supervision of
individuals released on parole or probation. In addition, every
agent or person shall act under the orders of the Corrections
Board or the commissioner in the supervision of individuals
conditionally released. Agents shall provide assistance to
conditionally released individuals in obtaining employment, and
shall conduct relevant investigations and studies of individuals
under supervision upon the request of the commissioner or the
board. Regional supervisors may also supervise state parole or
probation agents as directed by the commissioner of
corrections. This duty shall not interfere with the
supervisor's responsibility under the County Probation Act, Laws
1959, chapter 698.
new text end

new text begin Subd. 3. new text end

new text begin Administrative services. new text end

new text begin The commissioner of
corrections shall provide the board with all other personnel,
supplies, equipment, office space, and other administrative
services necessary and incident to the discharge of the
functions of the board.
new text end

Sec. 6.

new text begin [244A.06] DEPUTIZATION OF OUT-OF-STATE AGENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Out-of-state deputies. new text end

new text begin The Corrections
Board may deputize a person regularly employed by another state
to act as an agent of this state in effecting the return of an
individual who has violated the terms and conditions of parole
or probation granted by this state. In any matter relating to
the return of an individual, an agent so deputized has the
powers of a police officer of this state.
new text end

new text begin Subd. 2. new text end

new text begin In writing. new text end

new text begin A deputization pursuant to
subdivision 1 shall be in writing and a person so authorized to
act as an agent of this state shall carry formal evidence of the
deputization and shall produce the same upon demand.
new text end

new text begin Subd. 3. new text end

new text begin Sharing costs. new text end

new text begin Subject to the approval of the
commissioner of finance, the Corrections Board may enter into
contracts with similar officials of another state for the
purpose of sharing an equitable portion of the cost of effecting
the return of an individual who has violated the terms and
conditions of parole or probation granted by this state.
new text end

Sec. 7.

new text begin [244A.08] RULES GOVERNING PAROLES.
new text end

new text begin Subdivision 1. new text end

new text begin Rules. new text end

new text begin The Corrections Board has power to
make, amend, and publish rules governing the granting of paroles
and final discharges and the procedure relating thereto, and the
conditions of parole and the conduct and employment of
individuals on parole, and other matters touching the exercise
of the powers and duties conferred upon the board by sections
244A.01 to 244A.08.
new text end

new text begin Subd. 2. new text end

new text begin Prospective effect. new text end

new text begin Any new rule or policy
adopted by the board that has the effect of postponing
eligibility for parole has prospective effect only and applies
only with respect to individuals committing offenses after the
effective date of the new rule or policy.
new text end

Sec. 8. new text begin INITIAL TERMS FOR BOARD MEMBERS.
new text end

new text begin Two of the four members appointed by the governor to the
Board of Corrections shall serve initial terms of six years.
The other two members appointed by the governor shall serve
terms of four years.
new text end

Sec. 9. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the
commissioner of corrections to be used to implement sections 1
to 8. This appropriation is available until June 30, 2007.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin (a) Sections 1 to 8 are effective the day following final
enactment.
new text end

new text begin (b) Section 9 is effective July 1, 2005.
new text end