HF 1373

as introduced - 89th Legislature (2015 - 2016) Posted on 03/02/2015 01:28pm

A bill for an act
relating to public safety; authorizing sentence of life imprisonment for juveniles
certified as adults and convicted of first-degree murder; authorizing sentence
review hearings for juveniles certified as adults; amending Minnesota Statutes
2014, sections 244.05, subdivisions 4, 5; 609.106, subdivision 2, by adding a
subdivision; 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 2014, section 244.05, subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

(a) An inmate serving a
mandatory life sentence under section 609.106 new text begin , subdivision 2, new text end deleted text begin or deleted text end 609.3455, subdivision
2, new text begin or Minnesota Statutes 2014, section 609.106, new text end must not be given supervised release
under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
(5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given
supervised release under this section without having served a minimum term of 30 years.

(c) An inmate serving a mandatory life sentence under section 609.385 must not
be given supervised release under this section without having served a minimum term of
imprisonment of 17 years.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
3 or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.

new text begin (e) An inmate serving a mandatory life sentence under section 609.106, subdivision
3, must not be given supervised release under this section without having served a
minimum term of:
new text end

new text begin (1) 50 years, if the inmate was under the age of 18 at the time of the offense and
convicted under section 609.185, paragraph (a), clause (4);
new text end

new text begin (2) 20 years, if the inmate was 16 or 17 years old at the time of the offense and
clause (1) does not apply; or
new text end

new text begin (3) 15 years, if the inmate was 14 or 15 years old at the time of the offense and
clause (1) does not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 244.05, subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The commissioner of corrections
may, under rules promulgated by the commissioner, give supervised release to an inmate
serving a mandatory life sentence under section new text begin 609.106, subdivision 3, new text end 609.185, clause
(3), (5), or (6); 609.3455, subdivision 3 or 4; 609.385; or Minnesota Statutes 2004, section
609.109, subdivision 3, after the inmate has served the minimum term of imprisonment
specified in subdivision 4.

(b) The commissioner shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release
decision under this subdivision. The report shall reflect the sentiment of the various
elements of the community toward the inmate, both at the time of the offense and at the
present time. The report shall include the views of the sentencing judge, the prosecutor,
any law enforcement personnel who may have been involved in the case, and any
successors to these individuals who may have information relevant to the supervised
release decision. The report shall also include the views of the victim and the victim's
family unless the victim or the victim's family chooses not to participate.

(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
of the time and place of the inmate's supervised release review hearing. The victim has
a right to submit an oral or written statement at the review hearing. The statement may
summarize the harm suffered by the victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised release at this time.
The commissioner must consider the victim's statement when making the supervised
release decision.

(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at
a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
other relevant conduct of the inmate while incarcerated or before incarceration. The
commissioner may not give supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
has successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) a comprehensive individual release plan is in place for the inmate that ensures
that, after release, the inmate will have suitable housing and receive appropriate aftercare
and community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

(e) As used in this subdivision, "victim" means the individual who suffered harm as
a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to offenses committed on or after that date.
new text end

Sec. 3.

new text begin [244.115] SENTENCING REVIEW FOR JUVENILE CERTIFIED AS
ADULT.
new text end

new text begin Subdivision 1. new text end

new text begin Petition for resentencing. new text end

new text begin (a) Notwithstanding any other provision
of law and except as provided in paragraph (b), a person convicted for an offense
committed prior to the person's 18th birthday may file a petition in the district court in the
county in which the conviction was had to vacate and set aside the original sentence and
resentence the person, if:
new text end

new text begin (1) the person has served a minimum of:
new text end

new text begin (i) ten years for nonhomicide offenses;
new text end

new text begin (ii) 15 years for homicide offenses if the inmate was 14 or 15 years old at the time of
the offense; or
new text end

new text begin (iii) 20 years for homicide offenses if the inmate was 16 or 17 years old at the
time of the offense; and
new text end

new text begin (2) the person has not submitted a motion pursuant to this section within the last
five years.
new text end

new text begin (b) A person convicted under section 609.185, paragraph (a), clause (4), may not
file a petition under this section.
new text end

new text begin Subd. 2. new text end

new text begin Contents of petition. new text end

new text begin A copy of the petition shall be served on the agency
that prosecuted the case and shall include the information required under subdivision 1.
The motion shall also include the petitioner's statement describing any work towards
rehabilitation, including rehabilitative, educational, or vocational programs, if those
programs have been available; using self-study for self-improvement; or showing
evidence of remorse.
new text end

new text begin Subd. 3. new text end

new text begin Hearing. new text end

new text begin If the petition meets the requirements of subdivisions 1 and 2,
the court shall hold a hearing to consider whether to grant the petition, provided that a
new sentence, if any, is not greater than the original sentence. The petitioner and the
petitioner's counsel must be given an opportunity to speak on the petitioner's behalf during
the hearing. Victims or victims' family members, if a victim is deceased, retain the right to
participate in the hearing.
new text end

new text begin Subd. 4. new text end

new text begin Factors. new text end

new text begin The court, in determining whether to grant the petition and
resentence the petitioner, shall consider the following factors:
new text end

new text begin (1) age of petitioner at the time of the offenses;
new text end

new text begin (2) the circumstances surrounding the offenses;
new text end

new text begin (3) the extent of the petitioner's role in the offense and whether and to what extent an
adult was involved in the offense;
new text end

new text begin (4) peer or familial pressure at the time of the offense;
new text end

new text begin (5) intellectual capacity of the petitioner at the time of the offense;
new text end

new text begin (6) ability of the petitioner to participate meaningfully in the original defense;
new text end

new text begin (7) prior involvement of the petitioner in the juvenile justice or child protection
system;
new text end

new text begin (8) medical and mental health conditions of petitioner;
new text end

new text begin (9) family and community environment at the time of the offense;
new text end

new text begin (10) educational history of petitioner;
new text end

new text begin (11) petitioner's experiences of trauma or abuse;
new text end

new text begin (12) the diminished culpability of juveniles as compared to that of adults;
new text end

new text begin (13) the hallmark features of youth, including immaturity, impetuosity, and failure to
appreciate risks and consequences;
new text end

new text begin (14) any statement by any victim of the offenses for which the petitioner is
imprisoned or by a family member of the victim, if the victim is deceased;
new text end

new text begin (15) the petitioner's participation in rehabilitative, educational, or vocational
programs, if those programs have been made available, using self-study for
self-improvement, or evidence of remorse;
new text end

new text begin (16) whether the petitioner has demonstrated maturity, rehabilitation, and a fitness to
reenter society sufficient to justify a sentence reduction; and
new text end

new text begin (17) any other factors the court deems relevant to its decision.
new text end

new text begin Subd. 5. new text end

new text begin Decision on record. new text end

new text begin If, after considering the factors in subdivision 4, the
court finds by a preponderance of the evidence that the petitioner is not a danger to public
safety, is rehabilitated, and has remorse for the offenses committed, the court may grant
the petition and resentence the petitioner. The court shall state on the record and make
written findings as to the reasons for granting or denying the petition under this section.
new text end

new text begin Subd. 6. new text end

new text begin Additional petitions. new text end

new text begin If the petition is denied, the person may file another
petition for resentencing five years from the date of the original petition. If the second
petition is denied, the person may file a third petition for resentencing five years from the
date of the second petition. The court shall not entertain a fourth or successive petition.
new text end

new text begin Subd. 7. new text end

new text begin Right to counsel. new text end

new text begin The court shall appoint counsel to represent a person
under this section, including any appeal, if the person is financially unable to obtain
counsel under the guidelines set forth in section 611.17.
new text end

new text begin Subd. 8. new text end

new text begin Purpose. new text end

new text begin The provisions of this section and the hearing conducted
pursuant to subdivision 3, shall be conducted to provide persons who were under the age
of 18 at the time of the offenses with a meaningful opportunity to obtain release based on
demonstrated maturity and rehabilitation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2014, section 609.106, subdivision 2, is amended to read:

Subd. 2.

Life without release.

new text begin Except as provided in subdivision 3, new text end the court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:

(1) the person is convicted of first-degree murder under section 609.185, paragraph
(a), clause (1), (2), (4), or (7);

(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, clause (3); or

(3) the person is convicted of first-degree murder under section 609.185, clause (3),
(5), or (6), and the court determines on the record at the time of sentencing that the person
has one or more previous convictions for a heinous crime.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to offenses committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2014, section 609.106, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Life imprisonment; juveniles certified as adults. new text end

new text begin If the defendant was
convicted under circumstances listed in subdivision 2, and the defendant was under 18 years
of age at the time of the commission of the offense, the court may sentence the defendant to
imprisonment for life if it is proven by a preponderance of the evidence that the defendant's
relative youth and potential for rehabilitation in prison outweighs the public's interest in a
sentence under subdivision 2. The court shall consider the following factors in its decision:
new text end

new text begin (1) the age, education, experience, and background, including mental and emotional
development, of the defendant at the time of the commission of the offense;
new text end

new text begin (2) the circumstances and nature and severity of the offense, including any
aggravating or mitigating factors in the commission of the offense;
new text end

new text begin (3) the impact on the victim and the community, including age and vulnerability
of the victim;
new text end

new text begin (4) the defendant's level of participation in the planning and carrying out of the
offense, including familial or peer influence in the commission of the crime;
new text end

new text begin (5) the defendant's juvenile delinquency and criminal history;
new text end

new text begin (6) the defendant's programming history, including traumatic history and
involvement in child protection, school and community-based programming, and
probation interventions, and the defendant's willingness to participate meaningfully in
programming, probation, or both; and
new text end

new text begin (7) any other aggravating or mitigating circumstances bearing on the defendant's
culpability or potential for rehabilitation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to offenses committed on or after that date.
new text end