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HF 1319

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/08/2023 12:21pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to corrections; establishing the Minnesota Rehabilitation and Reinvestment
Act; providing for earned incentive release and supervision abatement status;
requiring reports; appropriating money; amending Minnesota Statutes 2022, sections
244.03; 244.05, subdivision 1b; proposing coding for new law in Minnesota
Statutes, chapter 244.

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

Section 1.

Minnesota Statutes 2022, section 244.03, is amended to read:


244.03 REHABILITATIVE PROGRAMS.

The commissioner shall deleted text beginprovide appropriate mental health programs and vocational and
educational programs with employment-related goals for inmates. The selection, design
and implementation of programs under this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds appropriated for such
programs
deleted text endnew text begin develop, implement, and provide appropriate substance use disorder treatment
programs; sexual offender treatment programming; medical and mental health services;
spiritual and faith-based programming; and vocational, employment and career, educational,
and other rehabilitative programs for persons committed to the authority of the commissioner
new text end.

new text begin While evidence-based programs shall be prioritized, the selection, design, and
implementation of programs under this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds appropriated for the
programs under this section.
new text end

No action challenging the level of expenditures for programs authorized under this
section, nor any action challenging the selection, design or implementation of these programs,
including employee assignments, may be maintained by an deleted text begininmatedeleted text endnew text begin incarcerated personnew text end in
any court in this state.

The commissioner may impose disciplinary sanctions upon any deleted text begininmatedeleted text endnew text begin incarcerated
person
new text end who refuses to participate in rehabilitative programs.

Sec. 2.

new text begin [244.031] REHABILITATIVE NEED ASSESSMENT AND
INDIVIDUALIZED PROGRAM PLAN REQUIRED.
new text end

new text begin (a) The commissioner shall develop a comprehensive need assessment process for each
person who is serving a fixed term of imprisonment in a state correctional facility on or
after January 1, 2024, and has 365 days or more remaining until the person's scheduled
supervised release date.
new text end

new text begin (b) Upon completion of the assessment process, the commissioner shall ensure the
development of an individualized program plan, along with identified goals for every person
committed to the authority of the Department of Corrections. The individualized program
plan shall be holistic in nature in that it identifies intended outcomes for addressing the
incarcerated person's needs and risk factors, the individual's identified strengths, and available
and needed community supports, including victim safety considerations as required in
section 244.0552, if applicable.
new text end

new text begin (c) When an individual is committed to the custody of the commissioner for a crime
resulting in harm against a person or persons, the commissioner shall provide opportunity
for input during the assessment and program plan process. Victim input may include a
summary of victim concerns relative to release, concerns related to victim safety during the
committed person's term of imprisonment, and requests for imposition of victim safety
protocols as additional conditions of imprisonment or supervised release.
new text end

new text begin (d) The commissioner shall consider victim input statements in program planning and
establishing conditions governing confinement or release.
new text end

new text begin (e) For an individual with less than 365 days remaining until the individual's supervised
release date, the commissioner, in consultation with the incarcerated individual, shall develop
a transition and release plan.
new text end

Sec. 3.

new text begin [244.032] EARNED INCENTIVE RELEASE.
new text end

new text begin (a) For the purposes of this section, "earned incentive release" means release credit that
is earned and subtracted from the term of imprisonment for completion of objectives
established by an incarcerated person's individualized program plan.
new text end

new text begin (b) To encourage and support rehabilitation when consistent with public interest and
public safety, the commissioner of corrections, in consultation with the Minnesota County
Attorney's Association, Minnesota Board of Public Defense, Minnesota Association of
Community Corrections Act Counties, Minnesota Indian Women's Sexual Assault Coalition,
Violence Free Minnesota, Minnesota Coalition Against Sexual Assault, Minnesota Alliance
on Crime, Minnesota Sheriff's Association, Minnesota Chiefs of Police Association,
Minnesota Police and Peace Officers Association, and faith-based organizations that reflect
the demographics of the incarcerated population, shall establish policy providing for earned
incentive release credit and forfeiture of the credit as part of the term of imprisonment. The
policy shall:
new text end

new text begin (1) provide circumstances upon which an incarcerated person may earn incentive release
credits, including participation in rehabilitative programming as required under section
244.031; and
new text end

new text begin (2) address those circumstances where (i) the capacity to provide treatment programming
in the correctional facility is diminished but the services are available to the community,
and (ii) the conditions under which the incarcerated person could be released to the
community-based resource but remain subject to commitment to the commissioner and
considered for earned incentive release credit.
new text end

new text begin (c) The commissioner shall also develop a policy establishing a process for assessing
and addressing any systemic and programmatic gender and racial disparities that may be
identified in the award of earned incentive release credits.
new text end

Sec. 4.

new text begin [244.033] APPLICATION OF EARNED INCENTIVE RELEASE CREDIT.
new text end

new text begin (a) Earned incentive release credits shall be subtracted from the term of imprisonment
but shall not be added the person's supervised release term. The maximum amount of earned
incentive release credit that can be earned and subtracted from the term of imprisonment is
17 percent of the term of imprisonment, but in no case shall the credit reduce the term of
imprisonment to less than one-half of the incarcerated person's executed sentence.
new text end

new text begin (b) The earned incentive release program is separate and distinct from other legislatively
authorized release programs, including the challenge incarceration program, work release,
conditional medical release, or Conditional Release of Nonviolent Controlled Substance
Offenders program, which may have unique statutory requirements and obligations.
new text end

Sec. 5.

new text begin [244.034] CERTAIN OFFENSES INELIGIBLE FOR EARNED INCENTIVE
RELEASE CREDIT.
new text end

new text begin Persons serving life sentences, persons given indeterminate sentences for crimes
committed on or before April 30, 1980, or persons subject to good time under section 244.04,
or similar laws are ineligible for earned incentive release credit.
new text end

Sec. 6.

Minnesota Statutes 2022, 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, 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 new text beginreduced by any earned incentive release credit
new text end 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 deleted text beginsegregationdeleted text endnew text begin restrictive housingnew text end
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. 7.

new text begin [244.0551] EARNED COMPLIANCE CREDIT AND SUPERVISION
ABATEMENT STATUS.
new text end

new text begin (a) For the purposes of this section, the following terms have the meanings given them:
new text end

new text begin (1) "supervision abatement status" means an end to active correctional supervision of a
supervised individual without effect on the legal expiration date of the executed sentence
less any earned incentive release credit; and
new text end

new text begin (2) "earned compliance credit" means a one-month reduction from the period of active
supervision of the supervised release term for every two months that a supervised individual
exhibits compliance with the conditions and goals of the individual's supervision plan.
new text end

new text begin (b) The commissioner of corrections shall adopt policy providing for earned compliance
credit and forfeiture of the credit. The commissioner shall adjust the period of an individual's
supervised release term for earned compliance credits accrued under a program created
under this section. Once a combination of time served, earned incentive credit, along with
a term of supervision and earned compliance credits equal the supervised release term, the
commissioner shall place the individual on supervision abatement status.
new text end

new text begin (c) A person whose period of active supervision has been completely reduced as a result
of earned compliance credits shall remain on supervision abatement status until the expiration
of the executed sentence, less any earned incentive release credit. If an individual is on
supervision abatement status and is charged with a new presumptive commit felony-level
crime against a person, the commissioner may return the individual to active supervision
and impose any additional sanctions, up to and including revocation from supervised release
and return to the custody of the commissioner.
new text end

new text begin (d) A person who is placed on supervision abatement status under this section may not
be required to regularly report to a supervised release agent or pay a supervision fee but
must continue to obey all laws, report any new criminal charges, and abide by section
243.1605 before seeking written authorization to relocate to another state.
new text end

new text begin (e) This section does not apply to persons serving life sentences, persons given
indeterminate sentences for crimes committed on or before April 30, 1980, or persons subject
to good time under section 244.04, or similar laws.
new text end

Sec. 8.

new text begin [244.0552] VICTIM INPUT.
new text end

new text begin When an individual is committed to the custody of the commissioner for a crime of
violence and is eligible for earned incentive release credit under section 244.032, the
commissioner shall make reasonable efforts to notify the victim of the committed person's
eligibility for earned incentive release. Victim input may include a summary of victim
concerns relative to earned incentive release eligibility, concerns related to victim safety
during the committed person's term of imprisonment, and requests for imposition of victim
safety protocols as additional conditions of imprisonment or supervised release.
new text end

new text begin The commissioner shall consider victim input statements in establishing requirements
governing conditions of release. The commissioner shall provide the name and telephone
number of the local victim agency serving the jurisdiction of release to any victim providing
input on earned incentive release.
new text end

Sec. 9.

new text begin [244.0553] VICTIM NOTIFICATION.
new text end

new text begin Nothing in sections 244.031 to 244.033 or 244.0551 to 244.0554 limits any victim
notification obligations of the commissioner of corrections required by statute related to a
change in custody status, committing offense, end of confinement review, or notification
registration.
new text end

Sec. 10.

new text begin [244.0554] INTERSTATE COMPACT.
new text end

new text begin As may be allowed by compact requirements established in section 243.1605, a person
subject to supervision on a Minnesota sentence in another state under the Interstate Compact
for Adult Offender Supervision may be eligible for supervision abatement status pursuant
to this chapter only if they meet eligibility criteria as established in this section and certified
by a supervising entity in another state.
new text end

Sec. 11.

new text begin [244.0555] REALLOCATION OF EARNED INCENTIVE RELEASE
SAVINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of corrections.
new text end

new text begin (c) "Offender daily cost" means the actual nonsalary expenditures, including
encumbrances as of July 31 following the end of the fiscal year, from the Department of
Corrections expense budgets for case management, food preparation, food provisions,
offender personal support including clothing, linen and other personal supplies, transportation,
dental care, nursing services, and professional technical contracted health care services.
new text end

new text begin (d) "Incarcerated days saved" means the number of days of an incarcerated person's
original sentence minus the number of actual days served, excluding days not served due
to death or as a result of time earned in the Challenge Incarceration Program under sections
244.17 to 244.173.
new text end

new text begin (e) "Earned incentive release per day cost savings" means the calculation of the total
actual expenses identified in paragraph (c) divided by the average daily population, divided
by 365 days, which reflects the daily cost per person.
new text end

new text begin (f) "Earned incentive release savings" means the calculation of the offender daily cost
multiplied by the number of incarcerated days saved for the period of one fiscal year.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of reallocation revenue account. new text end

new text begin The reallocation of earned
incentive release savings account is established in the special revenue fund in the state
treasury. Funds in the account are appropriated to the commissioner and shall be expended
in accordance with the allocation established in subdivision 5, once the requirements of
subdivision 3 are met. Funds in the account are available until expended.
new text end

new text begin Subd. 3. new text end

new text begin Certification of earned incentive release savings. new text end

new text begin On or before the final
closeout date of each fiscal year, the commissioner shall certify to Minnesota Management
and Budget the earned incentive release savings from the previous fiscal year. The
commissioner shall provide the detailed calculation substantiating the savings amount,
including accounting system-generated data where possible, supporting the offender daily
cost and the incarcerated days saved.
new text end

new text begin Subd. 4. new text end

new text begin Savings to be transferred to the reallocation revenue account. new text end

new text begin After the
certification in subdivision 3 is completed, the commissioner shall transfer funds from the
appropriation from which the savings occurred to the reallocation revenue account according
to the allocation in subdivision 5. Transfers shall occur by September 1 each year.
new text end

new text begin Subd. 5. new text end

new text begin Distribution of reallocation funds. new text end

new text begin The commissioner shall distribute funds
as follows:
new text end

new text begin (1) 25 percent shall be transferred to the Office of Justice Programs in the Department
of Public Safety for crime victim services;
new text end

new text begin (2) 25 percent shall be transferred to the Community Corrections Act subsidy
appropriation and to the Department of Corrections for supervised release and intensive
supervision services, based upon a three-year average of the release jurisdiction of supervised
releasees and intensive supervised releasees across the state;
new text end

new text begin (3) 25 percent shall be transferred to the Department of Corrections for grants to develop
and invest in community-based services that support the identified needs of correctionally
involved individuals or individuals at risk of criminal justice system involvement, and for
sustaining the operation of evidence-based programming in state and local correctional
facilities; and
new text end

new text begin (4) 25 percent shall be transferred to the general fund.
new text end

Sec. 12.

new text begin [244.0556] REPORTING REQUIRED.
new text end

new text begin (a) Beginning January 15, 2026, and by January 15 each year thereafter for a period of
ten years, the commissioner of corrections shall provide a report to the chairs and ranking
minority members of the house of representatives and senate committees and divisions with
jurisdiction over public safety and judiciary on the implementation of the requirements in
this section for the 2026 report and the status of the requirements in this section for the
previous fiscal year for the 2027 and later reports. The report shall also be provided to the
sitting president of the Minnesota Association of Community Corrections Act Counties and
the executive directors of the Minnesota Sentencing Guidelines Commission, the Minnesota
Indian Women's Sexual Assault Coalition, the Minnesota Alliance on Crime, Violence Free
Minnesota, the Minnesota Coalition Against Sexual Assault, and the Minnesota County
Attorney Association. The report shall include but not be limited to:
new text end

new text begin (1) a qualitative description of program development; implementation status; identified
implementation or operational challenges; strategies identified to mitigate and ensure that
the program does not create or exacerbate gender, racial, and ethnic disparities; the number,
reason, and background of those in the prison population deemed ineligible for participation
in the program; and proposed mechanisms for projecting future program savings and
reallocation of savings;
new text end

new text begin (2) the number of persons granted earned incentive release, the total number of days of
incentive release earned, a summary of committing offenses for those individuals who
earned incentive release, the most recent calculated per diem, and the demographic data for
all persons eligible for earned incentive release and the reasons and demographic data of
those eligible individuals for whom earned incentive release was unearned or denied;
new text end

new text begin (3) the number of persons who earned supervision abatement status, the total number
of days of supervision abatement earned, the committing offenses for those individuals
granted supervision abatement status, the number of revocations for reoffense while on
supervision abatement status, and the demographic data for all persons eligible for, considered
for, granted, or denied supervision abatement status and the reasons supervision abatement
status was unearned or denied; and
new text end

new text begin (4) the number of victims who submitted input, the number of referrals to local
victim-serving agencies, and a summary of the kinds of victim services requested.
new text end

new text begin (b) The commissioner shall solicit feedback on victim-related operational concerns as
it relates to the application earned incentive release and supervision abatement status options
from the Minnesota Indian Women's Sexual Assault Coalition, Minnesota Alliance on
Crime, Minnesota Coalition Against Sexual Assault, and Violence Free Minnesota. A
summary of the feedback from these organizations shall be included in the annual report
under paragraph (a).
new text end

new text begin (c) The commissioner shall direct the Department of Corrections' research unit to perform
regular evaluation of the earned incentive release program and publish findings on the
Department of Corrections' website and in the annual report under paragraph (a).
new text end

Sec. 13. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective August 1, 2023, and apply to persons sentenced to a fixed
executed sentence or to persons serving a fixed term of imprisonment in a state correctional
facility on or after that date.
new text end