HF 1602

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; authorizing imposition of the 
  1.3             death penalty for first degree murder under certain 
  1.4             aggravating circumstances; providing a statutory 
  1.5             framework, including procedures and criteria, 
  1.6             consistent with due process for determining when the 
  1.7             imposition of the death penalty is appropriate; 
  1.8             providing for automatic appellate review of death 
  1.9             penalty cases; providing for appointment of attorneys 
  1.10            in death penalty cases; providing an administrative 
  1.11            framework for implementing the death penalty; 
  1.12            establishing a capital punishment policy commission 
  1.13            and a prosecution task force to adopt death penalty 
  1.14            charge guidelines; creating a best practices capital 
  1.15            punishment policy model to provide a just, 
  1.16            cost-effective death penalty sanction; establishing 
  1.17            defense, prosecution, and judicial task forces to help 
  1.18            develop best practices capitol punishment 
  1.19            recommendations; appropriating money; amending 
  1.20            Minnesota Statutes 2002, sections 243.05, subdivision 
  1.21            1; 609.10, subdivision 1; 609.106, by adding a 
  1.22            subdivision; 609.12, subdivision 1; 609.135, 
  1.23            subdivision 1; 609.185; proposing coding for new law 
  1.24            as Minnesota Statutes, chapter 244A. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27                      DEATH PENALTY PROCEDURES
  1.28     Section 1.  [244A.01] [REQUIRING NOTICE BY STATE IN DEATH 
  1.29  PENALTY CASES.] 
  1.30     If the state intends to seek the death penalty for an 
  1.31  offense punishable by death, the prosecuting attorney shall sign 
  1.32  and file with the court, and serve upon the defendant, a notice 
  1.33  that the state will seek the sentence of death in the event of 
  1.34  conviction.  The notice must be filed and served within a 
  1.35  reasonable time before trial or acceptance by the court of a 
  2.1   plea of guilty.  If the prosecuting attorney does not comply 
  2.2   with the notice requirements of this section, the court may not 
  2.3   impose the death penalty under section 244A.05.  
  2.4      Sec. 2.  [244A.02] [APPOINTMENT OF ATTORNEYS IN CAPITAL 
  2.5   CASES.] 
  2.6      Upon notification under section 244A.01 that the 
  2.7   prosecuting attorney intends to seek the death penalty, the 
  2.8   court shall order the appointment of two attorneys to counsel 
  2.9   the defendant, at least one of whom has had significant criminal 
  2.10  defense experience, unless the court is satisfied that the 
  2.11  defendant has retained a competent attorney.  If the defendant 
  2.12  is not represented by an attorney and is not able to afford one, 
  2.13  the court shall order the appropriate district public defender 
  2.14  to assign two public defenders.  If the defendant is convicted 
  2.15  and sentenced to death, the state public defender shall 
  2.16  represent the defendant during the appeal process. 
  2.17     Sec. 3.  [244A.03] [SENTENCE OF DEATH FOR MURDER IN CERTAIN 
  2.18  CASES; SENTENCING PROCEEDINGS.] 
  2.19     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  2.20  section, "first degree murder" means murder in the first degree 
  2.21  as defined in section 609.185. 
  2.22     Subd. 2.  [EXCLUDING DEATH SENTENCE.] (a) When a defendant 
  2.23  is found guilty of first degree murder, the court shall impose a 
  2.24  sentence other than that of death if it is satisfied that:  
  2.25     (1) none of the aggravating circumstances listed in 
  2.26  subdivision 4 was established by the evidence at the trial or 
  2.27  will be established at a sentencing proceeding under subdivision 
  2.28  3; 
  2.29     (2) substantial mitigating circumstances, established by 
  2.30  the evidence at the trial, call for leniency; 
  2.31     (3) the defendant, with the consent of the prosecuting 
  2.32  attorney and the approval of the court, pleaded guilty to murder 
  2.33  with life imprisonment or a lesser sentence as the maximum term; 
  2.34     (4) the defendant was under 18 years of age at the time of 
  2.35  the commission of the crime; 
  2.36     (5) the defendant's physical or mental condition calls for 
  3.1   leniency; or 
  3.2      (6) although the evidence is sufficient to sustain the 
  3.3   verdict, it does not foreclose all doubt about the defendant's 
  3.4   guilt. 
  3.5      (b) When a defendant is found guilty of first degree murder 
  3.6   and the defendant applies for an order directing that a mental 
  3.7   retardation hearing be conducted, the court shall impose a 
  3.8   sentence consistent with section 244A.04. 
  3.9      Subd. 3.  [SEPARATE SENTENCING PROCEEDING TO DETERMINE IF 
  3.10  DEATH PENALTY WARRANTED.] (a) If a defendant is convicted of 
  3.11  first degree murder, the court shall conduct a separate 
  3.12  proceeding to determine whether the defendant should be 
  3.13  sentenced to death or to a sentence other than death as required 
  3.14  by law, unless the court imposes a sentence under subdivision 
  3.15  2.  The proceeding must be conducted before the court sitting 
  3.16  with the jury that determined the defendant's guilt or, if the 
  3.17  court for good cause shown discharges that jury, with a new jury 
  3.18  impaneled for the purpose. 
  3.19     (b) In the proceeding, evidence may be presented about any 
  3.20  matter that the court considers relevant to sentence, including 
  3.21  the nature and circumstances of the crime, the defendant's 
  3.22  character, background, history, mental and physical condition, 
  3.23  and any of the aggravating or mitigating circumstances listed in 
  3.24  subdivisions 4 and 5.  Any evidence relevant to the sentence, 
  3.25  not legally privileged, that the court considers to have 
  3.26  probative force, may be received, regardless of its 
  3.27  admissibility under the exclusionary rules of evidence.  The 
  3.28  defendant's counsel must be given a fair opportunity to rebut 
  3.29  the evidence.  The prosecuting attorney and the defendant or 
  3.30  defendant's counsel must be permitted to present arguments for 
  3.31  or against a sentence of death.  
  3.32     Subd. 4.  [AGGRAVATING CIRCUMSTANCES.] (a) In this 
  3.33  subdivision, "involved in" means engaged in committing a crime 
  3.34  or attempting to commit a crime, acting as an accomplice in a 
  3.35  crime or an attempt at a crime, or fleeing after committing or 
  3.36  attempting to commit a crime. 
  4.1      (b) "Aggravating circumstances" are limited to the 
  4.2   following:  
  4.3      (1) the defendant was previously convicted of another 
  4.4   murder; 
  4.5      (2) at the time the murder was committed the defendant also 
  4.6   committed another murder; 
  4.7      (3) the defendant knowingly created a great risk of death 
  4.8   to many persons; 
  4.9      (4) the murder was committed for remuneration or the 
  4.10  promise of remuneration or the defendant employed another to 
  4.11  commit the murder for remuneration or the promise of 
  4.12  remuneration; 
  4.13     (5) the murder was especially heinous, atrocious, or cruel, 
  4.14  manifesting exceptional depravity.  For purposes of this clause, 
  4.15  the following definitions have the meanings given them:  
  4.16     (i) "especially cruel" means the crime is committed in an 
  4.17  "especially cruel" manner when the perpetrator inflicts mental 
  4.18  anguish or physical abuse before a victim's death; 
  4.19     (ii) "mental anguish" includes victims' uncertainty as to 
  4.20  their ultimate fate; 
  4.21     (iii) "especially depraved" means the crime is committed in 
  4.22  an "especially depraved" manner when the perpetrator relishes 
  4.23  the murder, evidencing debasement or perversion, or shows an 
  4.24  indifference to the suffering of the victim and evidences a 
  4.25  pleasure in the killing; 
  4.26     (6) by the murder, or circumstances surrounding its 
  4.27  commission, the defendant exhibited utter disregard for human 
  4.28  life.  For the purpose of this clause, "utter disregard" is 
  4.29  meant to be reflective of the cold-blooded, pitiless slayer who 
  4.30  kills without feeling or sympathy; 
  4.31     (7) the defendant, by prior conduct or conduct in the 
  4.32  commission of the murder at hand, has exhibited a propensity to 
  4.33  commit murder which will probably constitute a continuing threat 
  4.34  to society; 
  4.35     (8) the murder was committed against a witness or potential 
  4.36  witness in a criminal or civil legal proceeding because of the 
  5.1   proceeding; 
  5.2      (9) the victim of the murder was a public safety officer, 
  5.3   as defined in section 299A.41, subdivision 4; 
  5.4      (10) the victim was under the age of 12 years and had a 
  5.5   past history of physical or sexual abuse by the defendant, as 
  5.6   defined in section 626.556, subdivision 2; 
  5.7      (11) the defendant was being held in lawful custody at the 
  5.8   time of the murder; 
  5.9      (12) the murder was committed while the defendant was 
  5.10  involved in criminal sexual conduct in the first degree by force 
  5.11  or threat of force; 
  5.12     (13) the defendant intentionally killed the victim while 
  5.13  the defendant was involved in a major controlled substance 
  5.14  offense.  "Major controlled substance offense" means an offense 
  5.15  or series of offenses constituting a felony violation or 
  5.16  violations under chapter 152, related to trafficking in 
  5.17  controlled substances under circumstances more onerous than the 
  5.18  usual offense and including at least one of the following 
  5.19  circumstances: 
  5.20     (i) the offense involved an attempted or actual sale or 
  5.21  transfer of controlled substances in quantities substantially 
  5.22  larger than for personal use; 
  5.23     (ii) the defendant knowingly possessed a firearm during the 
  5.24  commission of the offense; 
  5.25     (iii) the circumstances of the offense reveal that the 
  5.26  defendant occupied a high position in the drug distribution 
  5.27  hierarchy; or 
  5.28     (iv) the offense involved a high degree of sophistication 
  5.29  or planning; 
  5.30     (14) at the time of the murder the defendant had previously 
  5.31  been convicted of two or more state or federal offenses 
  5.32  punishable by a term of imprisonment of more than one year, 
  5.33  committed on different occasions, involving the distribution of 
  5.34  a controlled substance in violation of chapter 152; 
  5.35     (15) causes the death of a human being while committing, 
  5.36  conspiring to commit, or attempting to commit a felony crime to 
  6.1   further terrorism and the death occurs under circumstances 
  6.2   manifesting an extreme indifference to human life; 
  6.3      (16) the murder was committed by means of a destructive 
  6.4   device, bomb, or explosive planted, hidden, or concealed in any 
  6.5   place, area, dwelling, building, or structure, and the defendant 
  6.6   knew, or reasonably should have known, that the act or acts 
  6.7   would create a great risk of death to one or more human beings; 
  6.8      (17) the murder was committed for the purpose of avoiding 
  6.9   or preventing a lawful arrest, or perfecting or attempting to 
  6.10  perfect, an escape from lawful custody; 
  6.11     (18) the murder was committed by means of a destructive 
  6.12  device, bomb, or explosive that the defendant mailed or 
  6.13  delivered, attempted to mail or deliver, or caused to be mailed 
  6.14  or delivered, and the defendant knew, or reasonably should have 
  6.15  known, that the act or acts would create a great risk of death 
  6.16  to one or more human beings; 
  6.17     (19) the murdered individual was killed as a result of the 
  6.18  hijacking of an airplane, train, ship, bus, or other public 
  6.19  conveyance; 
  6.20     (20) the murder was intentional and involved the infliction 
  6.21  of torture.  For the purpose of this clause, torture means the 
  6.22  infliction of or subjection to extreme physical pain, motivated 
  6.23  by an intent to increase or prolong the pain, suffering or agony 
  6.24  of the victim; 
  6.25     (21) the murder was committed as a result of the 
  6.26  intentional discharge of a firearm by the defendant from a motor 
  6.27  vehicle and the victim was not present within the motor vehicle; 
  6.28  or 
  6.29     (22) the murdered individual was 60 years of age or older 
  6.30  and the death resulted from exceptionally brutal or heinous 
  6.31  behavior indicative of wanton cruelty; or 
  6.32     (23) the murdered individual was a disabled person and the 
  6.33  defendant knew or should have known that the murdered individual 
  6.34  was disabled.  For purposes of this clause, "disabled person" 
  6.35  means a person who suffers from a permanent physical or mental 
  6.36  impairment resulting from disease, an injury, a functional 
  7.1   disorder, or a congenital condition that renders the person 
  7.2   incapable of adequately providing for the person's own health or 
  7.3   personal care. 
  7.4      Subd. 5.  [MITIGATING CIRCUMSTANCES.] "Mitigating 
  7.5   circumstances" include:  
  7.6      (1) the defendant has no significant history of prior 
  7.7   criminal activity; 
  7.8      (2) the murder was committed while the defendant was under 
  7.9   extreme mental or emotional disturbance, although not 
  7.10  sufficiently impaired as to constitute a defense to prosecution; 
  7.11     (3) the victim was a participant in the defendant's 
  7.12  homicidal conduct or consented to the homicidal act; 
  7.13     (4) the defendant acted on a threat of imminent infliction 
  7.14  of death or great bodily harm; 
  7.15     (5) at the time of the offense, the capacity of the 
  7.16  offender to appreciate the criminality of the conduct or to 
  7.17  conform that conduct to law was impaired as a result of mental 
  7.18  disease or defect or intoxication; or 
  7.19     (6) any other relevant mitigating circumstance. 
  7.20     Sec. 4.  [244A.04] [MENTAL RETARDATION; EXCLUSION FROM 
  7.21  DEATH PENALTY.] 
  7.22     Subdivision 1.  [DEFINITIONS.] As used in this section, 
  7.23  "mentally retarded" means the condition of significantly 
  7.24  subaverage general intellectual functioning existing 
  7.25  concurrently with deficits in adaptive behavior and manifested 
  7.26  prior to the age of 18. 
  7.27     Subd. 2.  [NOTICE; MENTAL RETARDATION HEARING.] In any case 
  7.28  in which the prosecution has provided notice of an intent to 
  7.29  seek the death penalty under section 244A.01, the defendant may, 
  7.30  at a reasonable time prior to the commencement of trial, apply 
  7.31  for an order directing that a mental retardation hearing be 
  7.32  conducted.  The court shall promptly conduct a hearing without a 
  7.33  jury to determine whether the defendant is mentally retarded. 
  7.34     Subd. 3.  [HEARING.] At a mental retardation hearing, the 
  7.35  defendant shall have the initial burden to present some evidence 
  7.36  of mental retardation.  Once this evidence is presented by the 
  8.1   defendant, the burden of proof shall be on the prosecution to 
  8.2   prove beyond a reasonable doubt that the defendant is not 
  8.3   mentally retarded.  The defendant may present further evidence 
  8.4   in response to the prosecution's case.  If the court finds that 
  8.5   the prosecution has failed to meet its burden of proof, it shall 
  8.6   preclude the death penalty and trial thereafter shall be 
  8.7   conducted as in any other case in which a sentence of death is 
  8.8   not sought by the prosecution. 
  8.9      Subd. 4.  [INADMISSIBILITY.] If the defendant is subjected 
  8.10  to an examination for purposes of this section, any statement 
  8.11  made by the defendant during the examination shall be 
  8.12  inadmissible in evidence against the defendant in any criminal 
  8.13  action or proceeding on any issue other than whether the 
  8.14  defendant is mentally retarded. 
  8.15     Subd. 5.  [MENTAL RETARDATION EVIDENCE; TRIAL.] A ruling by 
  8.16  the court that the death penalty is not precluded under this 
  8.17  section shall not restrict the defendant's opportunity to 
  8.18  introduce evidence of mental retardation during trial or to 
  8.19  argue that the evidence should be given mitigating 
  8.20  significance.  The jury shall not be informed of any ruling 
  8.21  denying a defendant's motion under this section. 
  8.22     Subd. 6.  [JURY FINDING.] If the court determines that the 
  8.23  death penalty is not precluded under this section, the defendant 
  8.24  may request a special finding from the jury at the penalty phase 
  8.25  on the question of whether the defendant is mentally retarded as 
  8.26  defined by this section.  If the defendant requests this special 
  8.27  finding, the burden of proof shall be on the prosecution to 
  8.28  prove beyond a reasonable doubt that the defendant is not 
  8.29  mentally retarded.  The jury shall be instructed on the burden 
  8.30  of proof and that its finding must be unanimous.  If the jury 
  8.31  determines that one or more of the special circumstances 
  8.32  enumerated in section 244A.03, subdivision 4, are true, and that 
  8.33  the defendant is mentally retarded, the court shall sentence the 
  8.34  defendant to imprisonment for life. 
  8.35     Subd. 7.  [MITIGATING CIRCUMSTANCES.] If the matter 
  8.36  proceeds to a penalty phase, the jury shall be informed that 
  9.1   evidence of low intellectual functioning or deficits in adaptive 
  9.2   behavior may be considered as a mitigating circumstance under 
  9.3   section 244A.03, subdivision 5, even though the jurors 
  9.4   previously determined that the defendant is not mentally 
  9.5   retarded as defined by this section. 
  9.6      Subd. 8.  [HABEAS CORPUS.] Persons under sentence of death 
  9.7   at the time this statute takes effect may raise claims of mental 
  9.8   retardation, as defined by this section, through a petition for 
  9.9   a writ of habeas corpus which shall be considered on the 
  9.10  merits.  If a death row inmate is found to be mentally retarded, 
  9.11  the death sentence shall be reduced to a sentence of life 
  9.12  imprisonment. 
  9.13     Sec. 5.  [244A.05] [IMPOSITION OF DEATH SENTENCE; MODE OF 
  9.14  EXECUTION.] 
  9.15     Subdivision 1.  [DECISION.] (a) Only the jury sitting as a 
  9.16  trier of fact may return a sentence of death.  
  9.17     (b) The jury, in determining its verdict, shall take into 
  9.18  account the aggravating and mitigating circumstances listed in 
  9.19  section 244.03, subdivisions 4 and 5, and any other facts that 
  9.20  the jury considers relevant, but the jury may not impose or 
  9.21  recommend a sentence of death unless the jury unanimously finds 
  9.22  one of the aggravating circumstances listed in section 244A.03, 
  9.23  subdivision 4, and further unanimously finds that there are no 
  9.24  mitigating circumstances sufficiently substantial to call for 
  9.25  leniency.  
  9.26     (c) The burden of establishing the existence of an 
  9.27  aggravating circumstance is on the state and is not satisfied 
  9.28  unless established beyond a reasonable doubt.  The burden of 
  9.29  establishing the existence of a mitigating circumstance is on 
  9.30  the defendant and is not satisfied unless established by a 
  9.31  preponderance of the evidence. 
  9.32     (d) The court shall instruct the jury on the requirements 
  9.33  of this subdivision.  At that time, the court shall also inform 
  9.34  the jury of the nature of the sentence of imprisonment that may 
  9.35  be imposed if the jury verdict is against a sentence of death, 
  9.36  including the implications of the sentence for possible 
 10.1   supervised release.  The court shall instruct the jury about the 
 10.2   aggravating and mitigating circumstances listed in section 
 10.3   244A.03.  The court may provide the jury with a list of the 
 10.4   aggravating and mitigating circumstances about which the jury is 
 10.5   instructed. 
 10.6      Subd. 2.  [IMPOSITION OF DEATH.] (a) The court shall 
 10.7   sentence the defendant to death when the jury unanimously:  
 10.8      (1) finds beyond a reasonable doubt that at least one 
 10.9   statutory aggravating circumstance exists; 
 10.10     (2) finds that there are no mitigating circumstances 
 10.11  sufficiently substantial to call for leniency; and 
 10.12     (3) recommends that the sentence of death be imposed.  
 10.13     (b) When the jury does not recommend a sentence of death, 
 10.14  the court shall sentence the defendant to imprisonment as 
 10.15  provided by law.  
 10.16     Subd. 3.  [IMPOSITION OF LIFE WITHOUT POSSIBILITY OF 
 10.17  RELEASE.] (a) The court shall sentence the defendant to life 
 10.18  without possibility of release when the jury unanimously: 
 10.19     (1) finds beyond a reasonable doubt that at least one 
 10.20  statutory aggravating circumstance exists; 
 10.21     (2) finds that there are mitigating circumstances 
 10.22  sufficiently substantial to preclude the sentence to death; 
 10.23     (3) finds reasons of retribution, incapacitation, or 
 10.24  deterrence that require the defendant to be removed permanently 
 10.25  from society; and 
 10.26     (4) recommends that the sentence of life without 
 10.27  possibility of release under section 609.106, subdivision 3, be 
 10.28  imposed. 
 10.29     (b) When the jury does not recommend a sentence of death or 
 10.30  a sentence of life without possibility of release, the court 
 10.31  shall sentence the defendant to life imprisonment as provided by 
 10.32  law. 
 10.33     Subd. 4.  [SENTENCE OF DEATH PRECLUDED.] A sentence of 
 10.34  death must not be carried out upon a person who is under 18 
 10.35  years of age at the time the crime was committed.  A sentence of 
 10.36  death must not be carried out upon a person who, by reason of a 
 11.1   mental disease or defect, is unable to understand the impending 
 11.2   death or the reasons for it.  A sentence of death must not be 
 11.3   carried out upon a person who is pregnant.  A sentence of death 
 11.4   must not be carried out upon a person whom the prosecution has 
 11.5   failed to prove not mentally retarded under section 244A.04.  
 11.6      Subd. 5.  [EXECUTION BY LETHAL INJECTION.] When the court 
 11.7   sentences a defendant to death under subdivision 2, the order of 
 11.8   execution must be carried out by administration of a continuous, 
 11.9   intravenous injection of a lethal quantity of an 
 11.10  ultra-fast-acting barbiturate in combination with a chemical 
 11.11  paralytic agent until a licensed physician pronounces that the 
 11.12  defendant is dead according to accepted standards of medical 
 11.13  practice.  The execution by lethal injection must be performed 
 11.14  by a person selected by the chief executive officer of the 
 11.15  maximum security facility at which the execution will take place 
 11.16  and trained to administer the injection.  The person 
 11.17  administering the injection need not be a physician, registered 
 11.18  nurse, or licensed practical nurse licensed or registered under 
 11.19  the laws of this or another state.  
 11.20     Sec. 6.  [244A.06] [SENTENCING COURT; ADMINISTRATIVE 
 11.21  REQUIREMENTS.] 
 11.22     Subdivision 1.  [DATE OF EXECUTION.] In pronouncing a 
 11.23  sentence of death, the court shall set the date of execution not 
 11.24  less than 60 days nor more than 90 days from the date the 
 11.25  sentence is pronounced.  If execution has been stayed by a court 
 11.26  and the date set for execution has passed before dissolution of 
 11.27  the stay, the court in which the defendant was previously 
 11.28  sentenced shall, upon dissolution of the stay, set a new date of 
 11.29  execution not less than five nor more than 90 days from the day 
 11.30  the date is set.  The defendant is entitled to be present in 
 11.31  court on the day the new date of execution is set. 
 11.32     Subd. 2.  [COPIES OF ORDER OF EXECUTION.] When a person is 
 11.33  sentenced to death, the court administrator shall prepare 
 11.34  certified copies of the judgment and order of execution and send 
 11.35  these documents to the governor, defendant, defendant's counsel, 
 11.36  attorney general, chief justice of the supreme court, state 
 12.1   court administrator, and the state public defender's office 
 12.2   within five business days following entrance of the order of 
 12.3   execution. 
 12.4      Subd. 3.  [DELIVERY OF DEFENDANT TO MAXIMUM SECURITY 
 12.5   FACILITY.] Pending execution of a sentence of death, the sheriff 
 12.6   or other chief law enforcement officer who has custody of the 
 12.7   defendant may deliver the defendant to the maximum security 
 12.8   facility designated by the commissioner of corrections to be the 
 12.9   place where the execution is to be held.  The state shall bear 
 12.10  the costs of imprisoning the defendant from the date of delivery.
 12.11     Sec. 7.  [244A.07] [REVIEW OF DEATH SENTENCES BY SUPREME 
 12.12  COURT.] 
 12.13     Subdivision 1.  [AUTOMATIC REVIEW.] The judgment of 
 12.14  conviction and a sentence of death are subject to automatic 
 12.15  review by the supreme court within 60 days after certification 
 12.16  by the sentencing court of the entire record, unless the supreme 
 12.17  court extends the time, for good cause shown, for an additional 
 12.18  period not to exceed 30 days.  The review by the supreme court 
 12.19  has priority over all other cases and must be heard in 
 12.20  accordance with rules adopted by the supreme court. 
 12.21     Subd. 2.  [TRANSCRIPT.] The court administrator, within ten 
 12.22  days after receiving the transcript, shall transmit the entire 
 12.23  record and transcript to the supreme court together with a 
 12.24  notice prepared by the administrator and a report prepared by 
 12.25  the trial judge.  The notice must set forth the title and docket 
 12.26  number of the case, the name of the defendant, the name and 
 12.27  address of the defendant's attorney, a narrative statement of 
 12.28  the judgment, the offense, and the punishment prescribed.  The 
 12.29  report must be in the form of a standard questionnaire prepared 
 12.30  and supplied by the supreme court. 
 12.31     Subd. 3.  [REVIEW GUIDELINES.] Each sentence of death must 
 12.32  be reviewed by the supreme court to determine if it is 
 12.33  excessive.  In determining whether the sentence is excessive, 
 12.34  the supreme court shall determine whether the:  
 12.35     (1) sentence was imposed under the influence of passion, 
 12.36  prejudice, or other arbitrary factors; 
 13.1      (2) evidence supports the finding of a statutory 
 13.2   aggravating circumstance; and 
 13.3      (3) sentence is disproportionate to the penalty imposed in 
 13.4   similar cases, considering both the crime and the defendant.  
 13.5      Subd. 4.  [BRIEFS.] Both the defendant and the state have 
 13.6   the right to submit briefs within the time provided by the court 
 13.7   and to present oral argument to the court.  
 13.8      Subd. 5.  [DECISION.] The supreme court shall:  
 13.9      (1) affirm the sentence of death; or 
 13.10     (2) set the sentence aside and remand the case for 
 13.11  resentencing by the trial judge based on the record and argument 
 13.12  of counsel.  
 13.13     Subd. 6.  [NOTICE TO GOVERNOR.] Within five business days 
 13.14  after reaching a decision under subdivision 5, the supreme court 
 13.15  shall notify the governor whether the death sentence has been 
 13.16  affirmed or set aside. 
 13.17     Sec. 8.  [244A.08] [UNIFIED REVIEW PROCEDURE.] 
 13.18     Subdivision 1.  [PROCEDURE.] The supreme court shall 
 13.19  establish by rule a unified review procedure to provide for the 
 13.20  presentation to the sentencing court and to the supreme court of 
 13.21  all possible challenges to the trial, conviction, sentence, and 
 13.22  detention of defendants upon whom the sentence of death has been 
 13.23  or may be imposed.  The unified review procedure governs both 
 13.24  pretrial and posttrial appellate review of death penalty cases. 
 13.25     Subd. 2.  [CHECKLISTS.] The supreme court shall establish 
 13.26  by rule a series of checklists to be used by the trial court, 
 13.27  the prosecuting attorney, and defense counsel before, during, 
 13.28  and after the trial of cases in which the death penalty is 
 13.29  sought to make certain that all possible matters that could be 
 13.30  raised in defense have been considered by the defendant and 
 13.31  defense counsel and either asserted in a timely and correct 
 13.32  manner or waived in accordance with applicable legal 
 13.33  requirements, so that, for purposes of any pretrial review and 
 13.34  the trial and posttrial review, the record and transcript of 
 13.35  proceedings will be complete for a review by the sentencing 
 13.36  court and the supreme court of all possible challenges to the 
 14.1   trial, conviction, sentence, and detention of the defendant.  
 14.2      Subd. 3.  [WRIT OF HABEAS CORPUS.] Nothing in this section 
 14.3   or in the rules of the supreme court limits or restricts the 
 14.4   grounds of review or suspends the rights or remedies available 
 14.5   through the procedures governing the writ of habeas corpus. 
 14.6      Sec. 9.  [244A.09] [STAY OF EXECUTION OF DEATH.] 
 14.7      Subdivision 1.  [GOVERNOR OR APPEAL.] The execution of a 
 14.8   death sentence may be stayed only by the governor or incident to 
 14.9   an appeal.  
 14.10     Subd. 2.  [PROCEEDINGS WHEN INMATE UNDER SENTENCE OF DEATH 
 14.11  APPEARS TO BE MENTALLY ILL OR PREGNANT.] If the governor is 
 14.12  informed that an inmate under sentence of death may be mentally 
 14.13  ill or pregnant, the governor shall stay execution of the 
 14.14  sentence and require the sentencing court to order a mental or 
 14.15  physical examination of the inmate, as appropriate. 
 14.16     Subd. 3.  [EXAMINATION AND HEARING.] (a) If the court 
 14.17  orders a mental examination of the inmate, it shall appoint at 
 14.18  least one qualified psychiatrist, clinical psychologist, or 
 14.19  physician experienced in the field of mental illness to examine 
 14.20  the defendant and report on the defendant's mental condition.  
 14.21  If the inmate or prosecution has retained a qualified 
 14.22  psychiatrist, clinical psychologist, or physician experienced in 
 14.23  the field of mental illness, the court on request of the inmate 
 14.24  or prosecuting attorney shall direct that the psychiatrist, 
 14.25  clinical psychologist, or physician be permitted to observe the 
 14.26  mental examination and to conduct a mental examination of the 
 14.27  inmate.  
 14.28     (b) At the conclusion of the examination, the examiner 
 14.29  shall submit a written report to the court and send copies to 
 14.30  the prosecuting attorney and defense attorney.  The report must 
 14.31  contain a diagnosis of the inmate's mental condition and whether 
 14.32  the inmate has the mental capacity to understand the nature of 
 14.33  the death penalty and the reasons why it was imposed.  
 14.34     (c) If the court orders a physical examination, it shall 
 14.35  appoint a qualified physician to examine the inmate and report 
 14.36  on whether the inmate is pregnant.  
 15.1      (d) The hearing shall be scheduled so that the parties have 
 15.2   adequate time to prepare and present arguments regarding the 
 15.3   issue of mental illness or pregnancy.  The parties may submit 
 15.4   written arguments to the court before the date of the hearing 
 15.5   and may make oral arguments before the court at the sentencing 
 15.6   hearing.  Before the hearing, the court shall send to the 
 15.7   defendant or the defendant's attorney and the prosecuting 
 15.8   attorney copies of the mental or physical examination. 
 15.9      Subd. 4.  [MENTAL ILLNESS.] (a) If mental illness is the 
 15.10  issue and the court decides that the inmate has the mental 
 15.11  capacity to understand the nature of the death penalty and why 
 15.12  it was imposed, the court shall so inform the governor.  The 
 15.13  governor shall issue a warrant to the chief executive officer of 
 15.14  the maximum security facility where the execution is to be held 
 15.15  directing the officer to execute the sentence at a time 
 15.16  designated in the warrant. 
 15.17     (b) If the court decides that the inmate does not have the 
 15.18  mental capacity to understand the nature of the death penalty 
 15.19  and why it was imposed, the court shall so inform the governor.  
 15.20  The governor shall have the inmate committed to the St. Peter 
 15.21  Regional Treatment Center.  
 15.22     (c) A person under sentence of death who has been committed 
 15.23  to the St. Peter Regional Treatment Center shall be kept there 
 15.24  until the proper official of the hospital determines that the 
 15.25  person has been restored to mental health.  The hospital 
 15.26  official shall then notify the governor of the official's 
 15.27  determination, and the governor shall request the sentencing 
 15.28  court to proceed as provided in this section.  
 15.29     Subd. 5.  [PREGNANCY.] (a) If the court determines that the 
 15.30  inmate is not pregnant, the court shall so inform the governor.  
 15.31  The governor shall issue a warrant to the chief executive 
 15.32  officer of the maximum security facility where the execution is 
 15.33  to be held directing the chief executive officer to execute the 
 15.34  sentence at a time designated in the warrant.  
 15.35     (b) If the court determines that the inmate is pregnant, 
 15.36  the court shall so inform the governor.  The governor shall stay 
 16.1   execution of sentence during the pregnancy. 
 16.2      (c) If the court determines that an inmate whose execution 
 16.3   has been stayed because of pregnancy is no longer pregnant, the 
 16.4   court shall so inform the governor.  The governor shall issue a 
 16.5   warrant to the chief executive officer directing the chief 
 16.6   executive officer to execute the sentence at a time designated 
 16.7   in the warrant.  
 16.8      Subd. 6.  [FEE.] The court shall allow a reasonable fee to 
 16.9   the physician appointed under this section that must be paid by 
 16.10  the state.  
 16.11     Sec. 10.  [244A.10] [GOVERNOR'S DUTIES; ISSUANCE OF DEATH 
 16.12  WARRANT.] 
 16.13     When notified by the supreme court under section 6 that a 
 16.14  death sentence has been upheld, the governor shall issue a death 
 16.15  warrant, attach it to a copy of the record, including the trial 
 16.16  court's order of execution and the supreme court's affirming 
 16.17  opinion, and send it to the chief executive officer of the 
 16.18  maximum security facility where the inmate under sentence of 
 16.19  death is being held.  The warrant must direct that officer to 
 16.20  execute the sentence at a time designated in the warrant.  When 
 16.21  notified by the supreme court under section 6 that a death 
 16.22  sentence has been set aside, the governor shall order the 
 16.23  commissioner of corrections to remove the inmate under sentence 
 16.24  of death from the unit where inmates under sentence of death are 
 16.25  confined and reassign the inmate consistent with the supreme 
 16.26  court's opinion.  
 16.27     Sec. 11.  [244A.11] [COMMISSIONER OF CORRECTIONS; DUTIES; 
 16.28  DESIGNATION OF PLACE OF EXECUTION.] 
 16.29     Subdivision 1.  [MAXIMUM SECURITY FACILITIES.] The 
 16.30  commissioner of corrections shall designate one or more maximum 
 16.31  security facilities at which executions of inmates under death 
 16.32  sentence will take place.  In each maximum security facility 
 16.33  designated as a place where executions will take place, the 
 16.34  commissioner shall establish and maintain a unit for the 
 16.35  segregated confinement of inmates under sentence of death.  The 
 16.36  commissioner may establish a capital punishment unit under the 
 17.1   supervision of a deputy or assistant commissioner to administer 
 17.2   the functions relating to administering the death penalty under 
 17.3   this chapter.  
 17.4      Subd. 2.  [PLACE OF EXECUTION.] The chief executive officer 
 17.5   of a maximum security facility where executions will take place 
 17.6   shall provide a suitable and efficient room or place in which 
 17.7   executions will be carried out, enclosed from public view, and 
 17.8   all implements necessary to executions.  The chief executive 
 17.9   officer shall select the person to perform executions and the 
 17.10  chief executive officer or the officer's designee shall 
 17.11  supervise the execution.  
 17.12     Subd. 3.  [EXECUTIONER'S IDENTITY; PRIVATE DATA.] 
 17.13  Information relating to the identity and compensation of the 
 17.14  executioner is private data as defined in section 13.02, 
 17.15  subdivision 12.  The chief executive officer of the maximum 
 17.16  security facility is not required to record the name of an 
 17.17  individual acting as an executioner or any information that 
 17.18  could identify that individual.  
 17.19     Subd. 4.  [REGULATION OF EXECUTION.] The chief executive 
 17.20  officer of the maximum security facility holding an execution or 
 17.21  a deputy designated by that officer must be present at the 
 17.22  execution.  The chief executive officer shall set the day for 
 17.23  execution within the week designated by the governor in the 
 17.24  warrant.  
 17.25     Subd. 5.  [WITNESS TO EXECUTION.] Twelve citizens selected 
 17.26  by the chief executive officer must witness the execution.  The 
 17.27  chief executive officer shall select six representatives of the 
 17.28  news media to witness the execution.  Counsel for the inmate 
 17.29  under sentence of death and members of the clergy requested by 
 17.30  the inmate may be present at the execution.  All other persons, 
 17.31  except correctional facility officers and the executioner, must 
 17.32  be excluded during the execution. 
 17.33     Subd. 6.  [READING DEATH WARRANT.] The warrant authorizing 
 17.34  the execution must be read to the convicted person immediately 
 17.35  before death.  
 17.36     Subd. 7.  [RETURN OF WARRANT OF EXECUTION ISSUED BY 
 18.1   GOVERNOR.] After the death sentence has been executed, the chief 
 18.2   executive officer of the maximum security facility where the 
 18.3   execution took place shall return to the governor the warrant 
 18.4   and a signed statement of the execution.  The chief executive 
 18.5   officer shall file an attested copy of the warrant and statement 
 18.6   with the court administrator that imposed the sentence.  
 18.7      Subd. 8.  [SENTENCE OF DEATH UNEXECUTED FOR UNJUSTIFIABLE 
 18.8   REASONS.] If a death sentence is not executed because of 
 18.9   unjustified failure of the governor to issue a warrant or for 
 18.10  any other unjustifiable reason, on application of the attorney 
 18.11  general, the supreme court shall issue a warrant directing the 
 18.12  sentence to be executed during a week designated in the warrant. 
 18.13     Subd. 9.  [RETURN OF WARRANT OF EXECUTION ISSUED BY SUPREME 
 18.14  COURT.] After the sentence has been executed under a warrant 
 18.15  issued by the supreme court, the chief executive officer shall 
 18.16  return to the supreme court the warrant and a signed statement 
 18.17  of the execution.  The chief executive officer shall file an 
 18.18  attested copy of the warrant and statement with the court 
 18.19  administrator that imposed the sentence.  The chief executive 
 18.20  officer shall send to the governor an attested copy of the 
 18.21  warrant and statement. 
 18.22     Sec. 12.  [244A.12] [COSTS OF EXECUTION; REIMBURSEMENT; 
 18.23  ATTORNEY GENERAL ASSISTANCE.] 
 18.24     Subdivision 1.  [COSTS.] The state shall reimburse a county 
 18.25  for all costs incurred for prosecution of a case involving the 
 18.26  death penalty if the crimes for which the defendant is on trial 
 18.27  occurred in that county.  In a case involving the death penalty, 
 18.28  if crimes for which the defendant is on trial occurred in more 
 18.29  than one county, the state shall reimburse the county 
 18.30  prosecuting the case for one-half of all costs incurred for 
 18.31  prosecution. 
 18.32     Subd. 2.  [ATTORNEY GENERAL ASSISTANCE.] The attorney 
 18.33  general shall assist in the prosecution of cases involving the 
 18.34  death penalty if requested to do so by the county prosecuting 
 18.35  attorney. 
 18.36     Sec. 13.  [EFFECTIVE DATE.] 
 19.1      Sections 1 to 12 are effective August 1, 2004, and apply to 
 19.2   crimes committed on or after that date. 
 19.3                              ARTICLE 2 
 19.4               BEST PRACTICES CAPITAL PUNISHMENT MODEL 
 19.5                 AND PROSECUTORIAL CHARGE GUIDELINES 
 19.6      Section 1.  [244A.25] [DEFINITIONS.] 
 19.7      Subdivision 1.  [SCOPE.] The definitions in this section 
 19.8   apply to sections 244A.25 to 244A.35. 
 19.9      Subd. 2.  [BEST PRACTICES CAPITAL PUNISHMENT POLICY 
 19.10  MODEL.] "Best practices capital punishment policy model" means a 
 19.11  coordinated set of procedures, policies, and punishment 
 19.12  philosophies implementing the death penalty as the linchpin of 
 19.13  the Minnesota sentencing system. 
 19.14     Subd. 3.  [COMMISSION.] "Commission" means the capital 
 19.15  punishment policy commission established under section 244A.26. 
 19.16     Subd. 4.  [DEATH PENALTY PROSECUTORIAL CHARGE 
 19.17  GUIDELINES.] "Death penalty prosecutorial charge guidelines" 
 19.18  means guidelines incorporating capital punishment philosophies 
 19.19  designed to structure prosecutorial death penalty charge 
 19.20  decision making to promote a consistent, statewide policy 
 19.21  selecting death eligible murder one cases that include only the 
 19.22  "worst of the worst" offenders. 
 19.23     Subd. 5.  [DEFENSE FUNCTION.] "Defense function" includes 
 19.24  the board of public defense, the state public defender, district 
 19.25  public defenders, any other advocate who is defending an alleged 
 19.26  perpetrator of a crime, and supporting investigative agencies. 
 19.27     Subd. 6.  [JUDICIAL FUNCTION.] "Judicial function" includes 
 19.28  the supreme court, court of appeals, district court, and 
 19.29  supporting judicial agencies. 
 19.30     Subd. 7.  [PROSECUTION FUNCTION.] "Prosecution function" 
 19.31  includes the attorney general, county attorneys who prosecute 
 19.32  crimes, and supporting investigative agencies. 
 19.33     Sec. 2.  [244A.26] [CAPITAL PUNISHMENT POLICY COMMISSION; 
 19.34  BEST PRACTICES CAPITAL PUNISHMENT POLICY MODEL.] 
 19.35     Subdivision 1.  [COMMISSION; ESTABLISHMENT.] The Minnesota 
 19.36  capital punishment policy commission is established and shall 
 20.1   have 31 members. 
 20.2      Subd. 2.  [MEMBERS.] (a) The capital sentencing commission 
 20.3   consists of the following members: 
 20.4      (1) the chief justice of the supreme court or a designee; 
 20.5      (2) one judge of the court of appeals appointed by the 
 20.6   chief justice of the supreme court; 
 20.7      (3) two district court judges appointed by the conference 
 20.8   of chief judges; 
 20.9      (4) the state court administrator; 
 20.10     (5) two court administrators; 
 20.11     (6) the state public defender or a designee; 
 20.12     (7) two public defenders appointed by the governor upon 
 20.13  recommendation of the state public defender; 
 20.14     (8) the attorney general or a designee; 
 20.15     (9) two county attorneys appointed by the governor upon 
 20.16  recommendation of the board of directors of the Minnesota county 
 20.17  attorney's association; 
 20.18     (10) the commissioner of corrections or a designee; 
 20.19     (11) the commissioner of public safety or a designee; 
 20.20     (12) the superintendent of the bureau of criminal 
 20.21  apprehension; 
 20.22     (13) three senators, no more than two of whom are from the 
 20.23  same political party, appointed by the senate subcommittee on 
 20.24  committees of the committee on rules and administration and 
 20.25  three members of the house of representatives, no more than two 
 20.26  of whom are from the same political party, appointed by the 
 20.27  speaker; 
 20.28     (14) four attorneys or law professors knowledgeable about 
 20.29  criminal defense or prosecution in capital cases; and 
 20.30     (15) five public members, three of whom are related to 
 20.31  homicide victims, and two of whom are representatives of 
 20.32  victims' organizations. 
 20.33     (b) One of the members shall be designated by the governor 
 20.34  as chair of the commission. 
 20.35     Subd. 3.  [APPOINTMENT TERMS.] Each appointed member shall 
 20.36  be appointed for four years and shall continue to serve during 
 21.1   that time as long as the member occupies the position which made 
 21.2   the member eligible for the appointment.  Each member shall 
 21.3   continue in office until a successor is duly appointed.  Members 
 21.4   shall be eligible for reappointment and appointment may be made 
 21.5   to fill an unexpired term.  The term of any member appointed or 
 21.6   reappointed by the governor before the first Monday in June 2004 
 21.7   expires on that date.  The term of any member appointed or 
 21.8   reappointed by the governor after the first Monday in June 2004 
 21.9   is coterminous with the governor.  The members of the commission 
 21.10  shall elect any additional officers necessary for the efficient 
 21.11  discharge of their duties. 
 21.12     Subd. 4.  [REIMBURSEMENT.] Each member of the commission 
 21.13  shall be reimbursed for all reasonable expenses actually paid or 
 21.14  incurred by that member in the performance of official duties in 
 21.15  the same manner as other employees of the state.  The public 
 21.16  members of the commission shall be compensated at the rate of 
 21.17  $50 for each day or part of the day spent on commission 
 21.18  activities. 
 21.19     Subd. 5.  [BEST PRACTICES CAPITAL PUNISHMENT MODEL POLICY; 
 21.20  DEATH PENALTY GUIDELINES FOR PROSECUTORIAL CHARGE DECISION.] (a) 
 21.21  The capital punishment commission shall design, develop, and 
 21.22  maintain a best practices capital punishment model policy 
 21.23  governing the institutional architecture and operation of 
 21.24  capital punishment in Minnesota.  The policy must include a best 
 21.25  practices model list of recommendations for implementing the 
 21.26  death penalty that balances the public safety goals of 
 21.27  deterrence, incapacitation, and retribution with providing 
 21.28  fundamental fairness to defendants and victims.  The capital 
 21.29  punishment recommendations must incorporate the best practices 
 21.30  of capital punishment reports and studies published by 
 21.31  governmental and other groups.  
 21.32     (b) The commission shall also adopt the death penalty 
 21.33  guidelines for the prosecutorial charge decision as required 
 21.34  under section 244A.27. 
 21.35     (c) Sections 14.001 to 14.69 do not apply to the adoption 
 21.36  of best practices capital punishment model policy 
 22.1   recommendations. 
 22.2      (d) The commission shall distribute the best practices 
 22.3   model policy to appropriate criminal justice agencies and courts 
 22.4   by May 1, 2004. 
 22.5      (e) All criminal justice agencies and courts involved in 
 22.6   implementing the capital punishment system must adopt and 
 22.7   include the recommendations of the model policy applicable to 
 22.8   their agency or court by August 1, 2004. 
 22.9      Subd. 6.  [TASK FORCES; DEVELOPMENT OF BEST PRACTICES 
 22.10  RECOMMENDATIONS.] To assist in developing best practices capital 
 22.11  punishment policy model recommendations for the prosecution, 
 22.12  public defense, and judicial functions, the capital punishment 
 22.13  commission shall coordinate and work with collaborative task 
 22.14  forces with members from appropriate executive department and 
 22.15  criminal justice agencies.  The commission shall help assign 
 22.16  recommendation development to the task forces, collaboratively 
 22.17  coordinate the institutional architecture for the capital 
 22.18  punishment system, and otherwise provide resource assistance and 
 22.19  guidance to the task forces.  
 22.20     Subd. 7.  [CLEARINGHOUSE FOR CAPITAL PUNISHMENT 
 22.21  POLICY.] The commission, in addition to establishing the best 
 22.22  practices capital punishment policy model, shall serve as a 
 22.23  clearinghouse and information center for the collection, 
 22.24  preparation, analysis, and dissemination of information on 
 22.25  capital sentencing practices in other jurisdictions.  The 
 22.26  commission shall make periodic recommendations to the 
 22.27  legislature regarding changes in the criminal code, criminal 
 22.28  procedures, institutional architecture of the capital sentencing 
 22.29  system, and how to more effectively and efficiently utilize 
 22.30  state financial resources in funding the system. 
 22.31     Subd. 8.  [RESEARCH DIRECTOR.] The commission may select 
 22.32  and employ a research director who shall perform the duties the 
 22.33  commission directs, including the hiring of any clerical help 
 22.34  and other employees as the commission shall approve.  The 
 22.35  research director shall be knowledgeable in capital punishment 
 22.36  law and procedures and be either a law professor with expertise 
 23.1   in criminal justice or a prosecution or defense practitioner 
 23.2   with extensive capital offense experience in other 
 23.3   jurisdictions.  The research director shall employ staff with 
 23.4   expertise in fiscal matters, statistics, and criminology as 
 23.5   funds are available.  The research director and other staff 
 23.6   shall be in the unclassified service of the state and their 
 23.7   compensation shall be established pursuant to chapter 43A.  They 
 23.8   shall be reimbursed for the expenses necessarily incurred in the 
 23.9   performance of their official duties in the same manner as other 
 23.10  state employees. 
 23.11     Subd. 9.  [ADMINISTRATIVE SERVICES.] The commissioner of 
 23.12  corrections shall provide adequate office space and 
 23.13  administrative services for the commission, and the commission 
 23.14  shall reimburse the commissioner for the space and services 
 23.15  provided.  The commission may also utilize, with their consent, 
 23.16  the services, equipment, personnel, information, and resources 
 23.17  of other state agencies, and may accept voluntary and 
 23.18  uncompensated services; contract with individuals and public and 
 23.19  private agencies; and request information, reports, and data 
 23.20  from any agency of the state, or any of its political 
 23.21  subdivisions, to the extent authorized by law. 
 23.22     Sec. 3.  [244A.27] [COMMISSION ADOPTION OF GUIDELINES FOR 
 23.23  PROSECUTORIAL CHARGE DECISION.] 
 23.24     Subdivision 1.  [GUIDELINES.] (a) The capital punishment 
 23.25  policy commission shall adopt death penalty guidelines for the 
 23.26  prosecutorial charge decision.  The guidelines must be based on 
 23.27  punishment principles, including deterrence, incapacitation, and 
 23.28  retribution doctrine, articulated in a framework that also 
 23.29  includes the concept of culpability.  The guidelines' conceptual 
 23.30  design must interconnect: 
 23.31     (1) murder one offender characteristics, including the 
 23.32  aggravating circumstances specified in section 244A.03, 
 23.33  subdivision 4, as modified and refined by the commission; 
 23.34     (2) the degree of culpability of the murder one offender; 
 23.35  and 
 23.36     (3) punishment principles. 
 24.1   The conceptual design must include in a grid or matrix which 
 24.2   identifies with some precision the small class of the "worst of 
 24.3   the worst" murderers, the most culpable, the most dangerous, and 
 24.4   those murderers whom the community most profoundly identifies as 
 24.5   deserving the ultimate retributive sanction of death in order to 
 24.6   reinstate a moral equilibrium to the community. 
 24.7      (b) In designing a mechanism described in paragraph (a), 
 24.8   the commission shall take into consideration the state public 
 24.9   policy asserted in section 244.09, subdivision 5, to maintain 
 24.10  uniformity, proportionality, rationality, and predictability in 
 24.11  sentencing.  The commission matrix or grid must identify the 
 24.12  murder one convicted defendants deserving life imprisonment, 
 24.13  life imprisonment without possibility of release, and death.  
 24.14  Conservation of correctional resources also must be considered.  
 24.15  The guidelines are advisory to prosecutors seeking the death 
 24.16  penalty. 
 24.17     Subd. 2.  [PROSECUTORIAL DECISION.] (a) If the prosecutor 
 24.18  is considering whether to seek the death penalty, the prosecutor 
 24.19  must apply the death penalty guidelines and make written 
 24.20  findings on whether: 
 24.21     (1) evidence supports a charge of murder one, violation of 
 24.22  section 609.185; 
 24.23     (2) evidence supports the presence of one or more 
 24.24  aggravating circumstances as specified in section 244A.03, 
 24.25  subdivision 4; and 
 24.26     (3) the defendant is death penalty eligible under the death 
 24.27  penalty guidelines. 
 24.28     (b) If the death penalty guidelines do not indicate death 
 24.29  is the appropriate sanction for the offender, the prosecutor may 
 24.30  request that the attorney general death penalty charge review 
 24.31  panel authorize imposition of the death penalty under section 
 24.32  244A.05.  The prosecutor will conform the charge to the decision 
 24.33  of the panel. 
 24.34     Subd. 3.  [DEATH PENALTY GUIDELINE PRINCIPLES.] Death 
 24.35  penalty guidelines shall embody the following principles: 
 24.36     (1) sentencing to death shall be neutral with respect to 
 25.1   the race, gender, or social or economic status of convicted 
 25.2   murderers; 
 25.3      (2) while sentencing to death is the most severe sanction 
 25.4   that can follow conviction of a murder one offense, punishment 
 25.5   philosophies may warrant the severe sanction of life 
 25.6   imprisonment or life without possibility of release.  The 
 25.7   severity of murder sanctions increase in direct proportion to 
 25.8   increases in the aggravating circumstances and absence of 
 25.9   mitigating factors and the culpability of the offender; 
 25.10     (3) because the financial budgets available for the 
 25.11  cost-intensive sanction of the death penalty are finite, use of 
 25.12  the death sanction shall be limited to a small class of the 
 25.13  "worst of the worst" first degree murderers; and 
 25.14     (4) while the death penalty guidelines are advisory to the 
 25.15  prosecutor when the charge decision is being made, departures 
 25.16  from the guidelines shall be made only when substantial and 
 25.17  compelling circumstances exist. 
 25.18     Sec. 4.  [244A.28] [REVIEW PANEL FOR PROSECUTORIAL DEATH 
 25.19  PENALTY CHARGE DECISION.] 
 25.20     Subdivision 1.  [CAPITAL CHARGE REVIEW PANEL.] The managing 
 25.21  assistant attorney general of the capital prosecution and trial 
 25.22  support division of the office of the attorney general shall 
 25.23  establish a capital charge review panel consisting of the 
 25.24  manager and four additional attorneys, three of whom shall be 
 25.25  county attorneys recommended by the executive committee of the 
 25.26  Minnesota county attorneys association and one a retired judge.  
 25.27  The managing assistant attorney general shall chair the panel.  
 25.28  The review panel shall apply the commission's death penalty 
 25.29  guidelines in reviewing county attorney requests to charge the 
 25.30  death penalty.  The review panel's responsibility is to ensure 
 25.31  the consistency of charging the death penalty in accordance with 
 25.32  public policy and United States Supreme Court capital punishment 
 25.33  doctrine. 
 25.34     Subd. 2.  [CHARGE APPROVAL.] The attorney general, upon 
 25.35  recommendation of the review panel, shall approve, disapprove, 
 25.36  or change the charge recommendations submitted to the panel 
 26.1   under subdivision 1.  
 26.2      Subd. 3.  [CAPITAL CHARGE DATABASE.] To assist in 
 26.3   generating prosecutorial capital charge decisions that are 
 26.4   consistent, the managing assistant attorney general shall 
 26.5   collaboratively work with the staff of the commission to develop 
 26.6   a database of capital cases and capital charge decisions.  The 
 26.7   review panel manager and commission research staff shall develop 
 26.8   an integrated model of offender characteristics and aggravating 
 26.9   circumstances that will assist the panel in reviewing death 
 26.10  penalty charge decisions.  To make county attorney death penalty 
 26.11  charge decisions more uniform, rational, and consistent with 
 26.12  state public policy as specified in section 244A.27, subdivision 
 26.13  3, the managing attorney and research staff as a long-term 
 26.14  objective shall codify their model into software that each 
 26.15  county attorney can use to help decision making.  
 26.16     Subd. 4.  [CHARGE GUIDELINE DEPARTURES.] If a prosecutor 
 26.17  submits a death penalty recommendation departing from the death 
 26.18  penalty guidelines for substantial and compelling reasons, the 
 26.19  review panel may approve or disapprove the recommendation. 
 26.20     Sec. 5.  [244A.29] [DEFENSE FUNCTION.] 
 26.21     Subdivision 1.  [CAPITAL DEFENSE AND TRIAL SERVICES UNIT; 
 26.22  TASK FORCE.] In consultation with the board of public defense, 
 26.23  the state public defender shall establish a capital defense and 
 26.24  trial services unit and employ an attorney knowledgeable in 
 26.25  capital defense, and other staff as necessary, to manage the 
 26.26  unit.  In consultation with the board of public defense and 
 26.27  state public defender, the manager of the capital defense and 
 26.28  trial services unit shall establish a public defense function 
 26.29  task force consisting of attorneys, investigators, 
 26.30  psychiatrists, and other relevant experts to develop best 
 26.31  practices capital punishment policy model recommendations 
 26.32  relating to the defense function, including, but not limited to: 
 26.33     (1) a strategic plan to acquire funding for adequately 
 26.34  compensated counsel at all stages of capital litigation as well 
 26.35  as provisions for adequate funding for expert and investigative 
 26.36  services; 
 27.1      (2) adopting standards for qualified defense counsel 
 27.2   through all stages of capital litigation; 
 27.3      (3) development of adequate mechanisms for introducing 
 27.4   newly discovered evidence after trial; and 
 27.5      (4) adopting a standard of effective counsel more stringent 
 27.6   than the Strickland v Washington standard, using the 1990 ABA 
 27.7   Criminal Justice Section Report, National Legal Aid and Defense 
 27.8   Association (NLADA) standards as a model. 
 27.9      Subd. 2.  [RECOMMENDATIONS; SUBMITTAL TO COMMISSION.] The 
 27.10  public defense function task force shall hold hearings and in 
 27.11  consultation with the board of public defense and state public 
 27.12  defender adopt and submit recommendations to the capital 
 27.13  punishment policy commission by October 1, 2003. 
 27.14     Subd. 3.  [OPERATIONS.] The defense function task force 
 27.15  shall remain as an active entity to provide information, 
 27.16  analysis, and recommendations to the commission on an ongoing 
 27.17  basis.  
 27.18     Sec. 6.  [244A.30] [PROSECUTION FUNCTION.] 
 27.19     Subdivision 1.  [CAPITAL PROSECUTION AND TRIAL SUPPORT 
 27.20  DIVISION.] The attorney general shall establish a capital 
 27.21  prosecution and trial support division in the office of the 
 27.22  attorney general and employ an attorney knowledgeable in capital 
 27.23  prosecution to manage the division.  The division shall provide 
 27.24  capital prosecution, investigative, trial, and appellate support 
 27.25  upon request of county attorneys. 
 27.26     Subd. 2.  [TASK FORCE.] The manager of the capital 
 27.27  prosecution and trial support division shall establish a capital 
 27.28  prosecution function task force consisting of county attorneys 
 27.29  appointed by the executive committee of the Minnesota county 
 27.30  attorneys association, investigators, psychiatrists, and other 
 27.31  relevant experts to develop best practices capital punishment 
 27.32  policy model recommendations relating to the prosecution 
 27.33  function, including, but not limited to: 
 27.34     (1) recommendations relating to expanded discovery in 
 27.35  capital cases, including recommendations of open file discovery 
 27.36  or provision of all Brady evidence to the defendant; 
 28.1      (2) developing mechanisms for introducing newly discovered 
 28.2   evidence after trials; 
 28.3      (3) developing prosecutorial guidelines or protocols in 
 28.4   seeking the death penalty where evidence increases likelihood 
 28.5   the innocent will be executed; and 
 28.6      (4) recommending a mandatory period of consultation before 
 28.7   commencing death penalty prosecution. 
 28.8      Subd. 3.  [RECOMMENDATION; SUBMITTAL TO COMMISSION.] The 
 28.9   prosecution task force shall hold hearings and adopt and submit 
 28.10  recommendations to the capital punishment policy commission by 
 28.11  October 1, 2003. 
 28.12     Subd. 4.  [OPERATIONS.] The prosecution function task force 
 28.13  shall remain as an active entity to provide information, 
 28.14  analysis, and recommendations to the commission on an ongoing 
 28.15  basis. 
 28.16     Sec. 7.  [244A.31] [DEATH PENALTY BEST PRACTICES 
 28.17  RECOMMENDATIONS; JUDICIAL FUNCTION.] 
 28.18     Subdivision 1.  [TASK FORCE.] The state court administrator 
 28.19  in consultation with the chief justice of the supreme court, the 
 28.20  chief judge of the court of appeals, and the chair of the 
 28.21  conference of chief judges shall appoint a capital punishment 
 28.22  task force to develop best practices capital punishment policy 
 28.23  recommendations relating to the judicial function, including, 
 28.24  but not limited to: 
 28.25     (1) adopting a standard for effective assistance of counsel 
 28.26  at capital sentencing; 
 28.27     (2) a mechanism for proportionality review of death penalty 
 28.28  cases to (i) ensure that the death penalty is being administered 
 28.29  in a rational, nonarbitrary, and even-handed manner, (ii) 
 28.30  provide a check on broad prosecutorial discretion, and (iii) 
 28.31  prevent discrimination from playing a role in the capital 
 28.32  decision-making process that every state should adopt for 
 28.33  ensuring that death sentences are meted out in a proportionate 
 28.34  manner; 
 28.35     (3) a mechanism for ensuring that racial discrimination 
 28.36  plays no part in capital punishment, including gathering data on 
 29.1   the operation of the death penalty system and the role of race 
 29.2   in it; 
 29.3      (4) effective and expedited appellate review of death 
 29.4   penalty procedures as required under this chapter; and 
 29.5      (5) other recommendations that will promote just 
 29.6   administration of the death penalty. 
 29.7      Subd. 2.  [MEMBERSHIP.] The capital punishment task force 
 29.8   shall consist of the state court administrator, a supreme court 
 29.9   justice appointed by the chief justice, a judge of the court of 
 29.10  appeals appointed by the chief judge of the court of appeals, a 
 29.11  district court judge appointed by the conference of chief 
 29.12  judges, and attorneys and other persons knowledgeable in capital 
 29.13  litigation cases. 
 29.14     Subd. 3.  [SUPREME COURT.] The supreme court is requested 
 29.15  to develop best practices capital punishment policy 
 29.16  recommendations relating to capital case jurors and jury 
 29.17  instructions, including, but not limited to: 
 29.18     (1) ensuring every judge presiding at capital sentencing 
 29.19  has an affirmative obligation to ensure that the jury fully and 
 29.20  accurately understands the nature of its duty, including the 
 29.21  place of jury consideration of mitigating factors in sentencing; 
 29.22     (2) ensuring that the jury is instructed on the minimum 
 29.23  length of time those convicted of murder must serve before being 
 29.24  eligible for parole and the implications of being sentenced to 
 29.25  life without possibility of release; and 
 29.26     (3) ensuring that there is a coherent, comprehensible, and 
 29.27  comprehensive set of capital sentencing instructions. 
 29.28     Subd. 4.  [RECOMMENDATION.] The capital punishment task 
 29.29  force and supreme court are requested to submit the 
 29.30  recommendations they adopted to the capital punishment 
 29.31  commission by October 1, 2003. 
 29.32     Subd. 5.  [OPERATIONS.] The state court administrator 
 29.33  judicial function task force shall remain as an active entity to 
 29.34  provide information, analysis, and recommendations to the 
 29.35  commission on an ongoing basis. 
 29.36     Sec. 8.  [244A.32] [HOMICIDE DNA ANALYSIS; BUREAU OF 
 30.1   CRIMINAL APPREHENSION; COLLABORATION WITH COMMISSIONER.] 
 30.2      In accordance with section 299C.155, the superintendent of 
 30.3   the bureau of criminal apprehension shall develop uniform 
 30.4   procedures and protocols for collection and preservation of 
 30.5   evidence in murder cases.  The bureau shall collaboratively work 
 30.6   with the capital punishment policy commission to create a 
 30.7   capital cases DNA data bank. 
 30.8      Sec. 9.  [244A.33] [TASK FORCE; CAPITAL PUNISHMENT 
 30.9   CONTINUING EDUCATION AND STANDARDS OF PROFESSIONAL COMPETENCE.] 
 30.10     Subdivision 1.  [TASK FORCE.] The capital punishment policy 
 30.11  commission shall appoint a task force to assist in developing 
 30.12  continuing education programs and minimum standards of 
 30.13  professional competence in death penalty litigation for the 
 30.14  prosecution, defense, and judicial functions.  The task force 
 30.15  shall consist of the following members: 
 30.16     (1) the director of the board of continuing legal 
 30.17  education; 
 30.18     (2) the director of continuing education for state court 
 30.19  personnel; 
 30.20     (3) two representatives from the prosecution function, one 
 30.21  appointed by the county attorneys association and one appointed 
 30.22  by the attorney general; 
 30.23     (4) two representatives from the defense function appointed 
 30.24  by the state public defender; 
 30.25     (5) two court representatives, one trial court judge, and 
 30.26  one appellate judge or justice appointed by the chief justice of 
 30.27  the supreme court; 
 30.28     (6) three attorneys knowledgeable and experienced in 
 30.29  capital litigation; and 
 30.30     (7) two professors of law with expertise in criminal 
 30.31  justice and capital punishment. 
 30.32     Subd. 2.  [ASSESSMENT.] The death penalty litigation task 
 30.33  force shall assess the needs for skills and knowledge necessary 
 30.34  for all criminal justice participants in the litigation to 
 30.35  provide services reflective of the extraordinary 
 30.36  responsibilities inherent in death penalty litigation.  The task 
 31.1   force may appoint a director for continuing death penalty 
 31.2   litigation education or assign management of the continuing 
 31.3   education to the director of the board of continuing legal 
 31.4   education or the director of continuing education for court 
 31.5   personnel. 
 31.6      Subd. 3.  [EDUCATION AND TRAINING REQUIREMENTS.] The task 
 31.7   force shall examine other death penalty jurisdiction programs 
 31.8   and adopt recommendations relating to the level of knowledge and 
 31.9   training necessary to provide effective death penalty litigation 
 31.10  services.  The task force may consult with the board of legal 
 31.11  certification to determine if certification for death penalty 
 31.12  litigation is feasible, practicable, and desirable.  The task 
 31.13  force also may consult with representatives of postsecondary 
 31.14  institutions in determining the most effective manner that 
 31.15  training can be provided. 
 31.16     Subd. 4.  [OPERATION.] The task force shall continue to 
 31.17  remain an active entity to provide continuing death penalty 
 31.18  litigation education until the duty has been assumed by a 
 31.19  permanent board. 
 31.20     Subd. 5.  [SUBMIT REPORT.] The task force shall submit a 
 31.21  report to the commission on the need for capital punishment 
 31.22  education programs by October 1, 2003. 
 31.23     Sec. 10.  [244A.34] [CAPITAL PUNISHMENT; TASK FORCE TO 
 31.24  CALCULATE SYSTEM COSTS.] 
 31.25     Subdivision 1.  [TASK FORCE; COST ANALYSIS.] The capital 
 31.26  punishment policy commission shall appoint a task force to 
 31.27  assist in calculating the costs of a capital punishment sanction 
 31.28  system.  The task force must include representatives from the 
 31.29  corrections, prosecution, defense, and judicial functions.  
 31.30  Analysts knowledgeable in the preparation of fiscal notes from 
 31.31  the executive and legislative branches shall assist the task 
 31.32  force.  The task force may also seek the assistance of an 
 31.33  economist in developing a sophisticated capital punishment cost 
 31.34  analysis model. 
 31.35     Subd. 2.  [CALCULATING CAPITAL CASE COSTS.] (a) In 
 31.36  calculating the cost of capital cases, the task force shall 
 32.1   compile comprehensive cost data specific to death penalty cases 
 32.2   in other jurisdictions.  The task force shall correlate the data 
 32.3   with estimates of comparable costs that would be incurred if 
 32.4   Minnesota adopts a capital punishment sanction. 
 32.5      (b) In calculating the capital punishment costs, the task 
 32.6   force shall include the following cost elements: 
 32.7      (1) trial and appellate costs, including appeals in state 
 32.8   and federal court and state and federal habeas corpus petitions; 
 32.9      (2) prosecution function costs, including attorney general 
 32.10  and county attorney costs; 
 32.11     (3) defense function costs, including state public 
 32.12  defenders and district public defenders; 
 32.13     (4) judicial function costs, including trial, appellate, 
 32.14  and training costs; 
 32.15     (5) public safety costs, including costs of enhanced DNA 
 32.16  collection, analysis, and preservation costs associated with 
 32.17  capital cases; 
 32.18     (6) correction costs, including detention of inmates 
 32.19  sentenced to death and execution costs; and 
 32.20     (7) other costs, including legal, investigative, 
 32.21  psychiatric, and psychological services, transcripts, and 
 32.22  miscellaneous costs. 
 32.23     Subd. 3.  [SUBMIT REPORT.] The task force shall submit a 
 32.24  report to the commission on the costs associated with adopting a 
 32.25  capital punishment system by October 1, 2003. 
 32.26     Sec. 11.  [244A.35] [SCHEDULE FOR IMPLEMENTATION OF DEATH 
 32.27  PENALTY.] 
 32.28     (a) The time schedule of development of the best practices 
 32.29  capital punishment model policy recommendations is as follows: 
 32.30     (1) upon enactment of a capital punishment system into law 
 32.31  and formation of the capital punishment commission, the 
 32.32  commission shall coordinate and work with the task forces 
 32.33  described in section 244A.26, subdivision 6, and appointed under 
 32.34  sections 244A.29, 244A.30, 244A.31, 244A.33, and 244A.34; 
 32.35     (2) each task force shall have until October 1, 2003, to 
 32.36  submit a report to the commission making best practices 
 33.1   recommendations in the task force's assigned area; 
 33.2      (3) upon receipt of the task force's recommendations under 
 33.3   clause (2), the commission shall review and, if necessary, amend 
 33.4   the task force's recommendations; and 
 33.5      (4) on or before February 1, 2004, the commission shall 
 33.6   report the recommendations on a best practices capital 
 33.7   punishment model policy, the death penalty guidelines for the 
 33.8   prosecutorial charge decision, an estimate of the costs 
 33.9   associated with adoption of a capital punishment system, and 
 33.10  recommendations for revisions in law to the chairs of the senate 
 33.11  committee on crime prevention and public safety and the house 
 33.12  committee on judiciary policy and finance. 
 33.13     (b) The commission recommendations are effective May 1, 
 33.14  2004, unless the legislature by law provides otherwise. 
 33.15     Sec. 12.  [EFFECTIVE DATE.] 
 33.16     Sections 1 to 11 are effective the day after final 
 33.17  enactment. 
 33.18                             ARTICLE 3
 33.19               APPROPRIATIONS FOR CAPITAL PUNISHMENT
 33.20     Section 1.  [CAPITAL PUNISHMENT.] 
 33.21     Subdivision 1.  [COMMISSIONER OF CORRECTIONS.] $....... is 
 33.22  appropriated from the general fund to the commissioner of 
 33.23  corrections to implement article 1, sections 1 to 12. 
 33.24     Subd. 2.  [PUBLIC SAFETY.] $....... is appropriated from 
 33.25  the general fund to the bureau of apprehension for costs 
 33.26  associated with providing DNA analysis for capital punishment 
 33.27  cases. 
 33.28     Subd. 3.  [BOARD OF PUBLIC DEFENSE.] $....... is 
 33.29  appropriated from the general fund to the board of public 
 33.30  defense for costs associated with adopting best practices 
 33.31  recommendations and providing defense services in capital 
 33.32  punishment cases. 
 33.33     Subd. 4.  [ATTORNEY GENERAL.] $....... is appropriated from 
 33.34  the general fund to the attorney general for costs associated 
 33.35  with adopting best practices recommendations prosecutorial 
 33.36  charge guidelines and providing prosecution services for capital 
 34.1   punishment cases. 
 34.2      Subd. 5.  [COUNTIES PROSECUTING CAPITAL PUNISHMENT 
 34.3   CASES.] $....... is appropriated from the general fund to the 
 34.4   commissioner of finance to reimburse counties for prosecuting 
 34.5   capital cases as provided in article 1, section 12. 
 34.6      Subd. 6.  [SUPREME COURT.] $....... is appropriated from 
 34.7   the general fund to the supreme court for adopting best 
 34.8   practices recommendations and providing judicial appellate 
 34.9   services for costs associated with capital punishment cases. 
 34.10     Subd. 7.  [DISTRICT COURTS.] $....... is appropriated from 
 34.11  the general fund to the district courts to be administered by 
 34.12  the state court administrator for the costs associated with 
 34.13  providing trial services for capital punishment cases. 
 34.14     Subd. 8.  [APPROPRIATIONS.] The appropriations made in 
 34.15  subdivisions 1 to 7 are available for the biennium ending June 
 34.16  30, 2005. 
 34.17                             ARTICLE 4 
 34.18                        TECHNICAL AMENDMENTS 
 34.19     Section 1.  Minnesota Statutes 2002, section 243.05, 
 34.20  subdivision 1, is amended to read: 
 34.21     Subdivision 1.  [CONDITIONAL RELEASE.] (a) Except for a 
 34.22  person sentenced to death under article 1, section 5, the 
 34.23  commissioner of corrections may parole any person sentenced to 
 34.24  confinement in any state correctional facility for adults under 
 34.25  the control of the commissioner of corrections, provided that:  
 34.26     (1) no inmate serving a life sentence for committing murder 
 34.27  before May 1, 1980, other than murder committed in violation of 
 34.28  clause (1) of section 609.185 who has not been previously 
 34.29  convicted of a felony shall be paroled without having served 20 
 34.30  years, less the diminution that would have been allowed for good 
 34.31  conduct had the sentence been for 20 years; 
 34.32     (2) no inmate serving a life sentence for committing murder 
 34.33  before May 1, 1980, who has been previously convicted of a 
 34.34  felony or though not previously convicted of a felony is serving 
 34.35  a life sentence for murder in the first degree committed in 
 34.36  violation of clause (1) of section 609.185 shall be paroled 
 35.1   without having served 25 years, less the diminution which would 
 35.2   have been allowed for good conduct had the sentence been for 25 
 35.3   years; 
 35.4      (3) any inmate sentenced prior to September 1, 1963, who 
 35.5   would be eligible for parole had the inmate been sentenced after 
 35.6   September 1, 1963, shall be eligible for parole; and 
 35.7      (4) any new rule or policy or change of rule or policy 
 35.8   adopted by the commissioner of corrections which has the effect 
 35.9   of postponing eligibility for parole has prospective effect only 
 35.10  and applies only with respect to persons committing offenses 
 35.11  after the effective date of the new rule or policy or change.  
 35.12     (b) Upon being paroled and released, an inmate is and 
 35.13  remains in the legal custody and under the control of the 
 35.14  commissioner, subject at any time to be returned to a facility 
 35.15  of the department of corrections established by law for the 
 35.16  confinement or treatment of convicted persons and the parole 
 35.17  rescinded by the commissioner.  
 35.18     (c) The written order of the commissioner of corrections, 
 35.19  is sufficient authority for any peace officer, state 
 35.20  correctional investigator, or state parole and probation agent 
 35.21  to retake and place in actual custody any person on parole or 
 35.22  supervised release.  In addition, when it appears necessary in 
 35.23  order to prevent escape or enforce discipline, any state parole 
 35.24  and probation agent or state correctional investigator may, 
 35.25  without order of warrant, take and detain a parolee or person on 
 35.26  supervised release or work release and bring the person to the 
 35.27  commissioner for action.  
 35.28     (d) The written order of the commissioner of corrections is 
 35.29  sufficient authority for any peace officer, state correctional 
 35.30  investigator, or state parole and probation agent to retake and 
 35.31  place in actual custody any person on probation under the 
 35.32  supervision of the commissioner pursuant to section 609.135.  
 35.33  Additionally, when it appears necessary in order to prevent 
 35.34  escape or enforce discipline, any state parole and probation 
 35.35  agent or state correctional investigator may, without an order, 
 35.36  retake and detain a probationer and bring the probationer before 
 36.1   the court for further proceedings under section 609.14.  
 36.2      (e) The written order of the commissioner of corrections is 
 36.3   sufficient authority for any peace officer, state correctional 
 36.4   investigator, or state parole and probation agent to detain any 
 36.5   person on pretrial release who absconds from pretrial release or 
 36.6   fails to abide by the conditions of pretrial release.  
 36.7      (f) Persons conditionally released, and those on probation 
 36.8   under the supervision of the commissioner of corrections 
 36.9   pursuant to section 609.135 may be placed within or outside the 
 36.10  boundaries of the state at the discretion of the commissioner of 
 36.11  corrections or the court, and the limits fixed for these persons 
 36.12  may be enlarged or reduced according to their conduct. 
 36.13     (g) Except as otherwise provided in subdivision 1b, in 
 36.14  considering applications for conditional release or discharge, 
 36.15  the commissioner is not required to hear oral argument from any 
 36.16  attorney or other person not connected with an adult 
 36.17  correctional facility of the department of corrections in favor 
 36.18  of or against the parole or release of any inmates.  The 
 36.19  commissioner may institute inquiries by correspondence, taking 
 36.20  testimony, or otherwise, as to the previous history, physical or 
 36.21  mental condition, and character of the inmate and, to that end, 
 36.22  has the authority to require the attendance of the chief 
 36.23  executive officer of any state adult correctional facility and 
 36.24  the production of the records of these facilities, and to compel 
 36.25  the attendance of witnesses.  The commissioner is authorized to 
 36.26  administer oaths to witnesses for these purposes. 
 36.27     (h) Unless the district court directs otherwise, state 
 36.28  parole and probation agents may require a person who is under 
 36.29  the supervision of the commissioner of corrections to perform 
 36.30  community work service for violating a condition of probation 
 36.31  imposed by the court.  Community work service may be imposed for 
 36.32  the purpose of protecting the public, to aid the offender's 
 36.33  rehabilitation, or both.  Agents may impose up to eight hours of 
 36.34  community work service for each violation and up to a total of 
 36.35  24 hours per offender per 12-month period, beginning with the 
 36.36  date on which community work service is first imposed.  The 
 37.1   commissioner may authorize an additional 40 hours of community 
 37.2   work services, for a total of 64 hours per offender per 12-month 
 37.3   period, beginning with the date on which community work service 
 37.4   is first imposed.  At the time community work service is 
 37.5   imposed, parole and probation agents are required to provide 
 37.6   written notice to the offender that states: 
 37.7      (1) the condition of probation that has been violated; 
 37.8      (2) the number of hours of community work service imposed 
 37.9   for the violation; and 
 37.10     (3) the total number of hours of community work service 
 37.11  imposed to date in the 12-month period. 
 37.12     An offender may challenge the imposition of community work 
 37.13  service by filing a petition in district court.  An offender 
 37.14  must file the petition within five days of receiving written 
 37.15  notice that community work service is being imposed.  If the 
 37.16  offender challenges the imposition of community work service, 
 37.17  the state bears the burden of showing, by a preponderance of the 
 37.18  evidence, that the imposition of community work service is 
 37.19  reasonable under the circumstances.  
 37.20     Community work service includes sentencing to service.  
 37.21     Sec. 2.  Minnesota Statutes 2002, section 609.10, 
 37.22  subdivision 1, is amended to read: 
 37.23     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
 37.24  felony and compliance with the other provisions of this 
 37.25  chapter and chapter 244A the court, if it imposes sentence, may 
 37.26  sentence the defendant to the extent authorized by law as 
 37.27  follows: 
 37.28     (1) to death; or 
 37.29     (2) to life imprisonment; or 
 37.30     (2) (3) to imprisonment for a fixed term of years set by 
 37.31  the court; or 
 37.32     (3) (4) to both imprisonment for a fixed term of years and 
 37.33  payment of a fine; or 
 37.34     (4) (5) to payment of a fine without imprisonment or to 
 37.35  imprisonment for a fixed term of years if the fine is not paid; 
 37.36  or 
 38.1      (5) (6) to payment of court-ordered restitution in addition 
 38.2   to either imprisonment or payment of a fine, or both; or 
 38.3      (6) (7) to payment of a local correctional fee as 
 38.4   authorized under section 609.102 in addition to any other 
 38.5   sentence imposed by the court. 
 38.6      Sec. 3.  Minnesota Statutes 2002, section 609.106, is 
 38.7   amended by adding a subdivision to read: 
 38.8      Subd. 3.  [CAPITAL PUNISHMENT; ALTERNATIVE; LIFE WITHOUT 
 38.9   POSSIBILITY OF RELEASE.] The court shall sentence a person to 
 38.10  life without possibility of release if: 
 38.11     (1) the defendant is convicted of first degree murder under 
 38.12  section 609.185; 
 38.13     (2) the defendant is eligible for the death penalty under 
 38.14  chapter 244A; 
 38.15     (3) the penalty phase jury finds at least one aggravating 
 38.16  circumstance under section 244A.03, subdivision 4; 
 38.17     (4) the penalty phase jury finds one or more mitigating 
 38.18  circumstances under section 244A.03, subdivision 5; and 
 38.19     (5) the jury recommends the sentence life without 
 38.20  possibility of release under section 244A.05, subdivision 3, be 
 38.21  imposed. 
 38.22     Sec. 4.  Minnesota Statutes 2002, section 609.12, 
 38.23  subdivision 1, is amended to read: 
 38.24     Subdivision 1.  [DISCHARGE.] A person sentenced to the 
 38.25  commissioner of corrections for imprisonment for a period less 
 38.26  than life may be paroled or discharged at any time without 
 38.27  regard to length of the term of imprisonment which the sentence 
 38.28  imposes when in the judgment of the commissioner of corrections, 
 38.29  and under the conditions the commissioner imposes, the granting 
 38.30  of parole or discharge would be most conducive to rehabilitation 
 38.31  and would be in the public interest.  A person sentenced to 
 38.32  death is not eligible for supervised release or discharge at any 
 38.33  time.  
 38.34     Sec. 5.  Minnesota Statutes 2002, section 609.135, 
 38.35  subdivision 1, is amended to read: 
 38.36     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 39.1   sentence of death has been imposed under chapter 244A, a life 
 39.2   imprisonment sentence is required by law, or when a mandatory 
 39.3   minimum sentence is required by section 609.11, any court may 
 39.4   stay imposition or execution of sentence and: 
 39.5      (1) may order intermediate sanctions without placing the 
 39.6   defendant on probation; or 
 39.7      (2) may place the defendant on probation with or without 
 39.8   supervision and on the terms the court prescribes, including 
 39.9   intermediate sanctions when practicable.  The court may order 
 39.10  the supervision to be under the probation officer of the court, 
 39.11  or, if there is none and the conviction is for a felony or gross 
 39.12  misdemeanor, by the commissioner of corrections, or in any case 
 39.13  by some other suitable and consenting person.  Unless the court 
 39.14  directs otherwise, state parole and probation agents and 
 39.15  probation officers may impose community work service for an 
 39.16  offender's probation violation, consistent with section 243.05, 
 39.17  subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5. 
 39.18     No intermediate sanction may be ordered performed at a 
 39.19  location that fails to observe applicable requirements or 
 39.20  standards of chapter 181A or 182, or any rule promulgated under 
 39.21  them.  
 39.22     (b) For purposes of this subdivision, subdivision 6, and 
 39.23  section 609.14, the term "intermediate sanctions" includes but 
 39.24  is not limited to incarceration in a local jail or workhouse, 
 39.25  home detention, electronic monitoring, intensive probation, 
 39.26  sentencing to service, reporting to a day reporting center, 
 39.27  chemical dependency or mental health treatment or counseling, 
 39.28  restitution, fines, day-fines, community work service, work 
 39.29  service in a restorative justice program, work in lieu of or to 
 39.30  work off fines and, with the victim's consent, work in lieu of 
 39.31  or to work off restitution.  
 39.32     (c) A court may not stay the revocation of the driver's 
 39.33  license of a person convicted of violating the provisions of 
 39.34  section 169A.20. 
 39.35     Sec. 6.  Minnesota Statutes 2002, section 609.185, is 
 39.36  amended to read: 
 40.1      609.185 [MURDER IN THE FIRST DEGREE.] 
 40.2      (a) Whoever does any of the following is guilty of murder 
 40.3   in the first degree and, unless sentenced to death under article 
 40.4   1, section 5, shall be sentenced to imprisonment for life: 
 40.5      (1) causes the death of a human being with premeditation 
 40.6   and with intent to effect the death of the person or of another; 
 40.7      (2) causes the death of a human being while committing or 
 40.8   attempting to commit criminal sexual conduct in the first or 
 40.9   second degree with force or violence, either upon or affecting 
 40.10  the person or another; 
 40.11     (3) causes the death of a human being with intent to effect 
 40.12  the death of the person or another, while committing or 
 40.13  attempting to commit burglary, aggravated robbery, kidnapping, 
 40.14  arson in the first or second degree, a drive-by shooting, 
 40.15  tampering with a witness in the first degree, escape from 
 40.16  custody, or any felony violation of chapter 152 involving the 
 40.17  unlawful sale of a controlled substance; 
 40.18     (4) causes the death of a peace officer or a guard employed 
 40.19  at a Minnesota state or local correctional facility, with intent 
 40.20  to effect the death of that person or another, while the peace 
 40.21  officer or guard is engaged in the performance of official 
 40.22  duties; 
 40.23     (5) causes the death of a minor while committing child 
 40.24  abuse, when the perpetrator has engaged in a past pattern of 
 40.25  child abuse upon the child and the death occurs under 
 40.26  circumstances manifesting an extreme indifference to human life; 
 40.27     (6) causes the death of a human being while committing 
 40.28  domestic abuse, when the perpetrator has engaged in a past 
 40.29  pattern of domestic abuse upon the victim or upon another family 
 40.30  or household member and the death occurs under circumstances 
 40.31  manifesting an extreme indifference to human life; or 
 40.32     (7) causes the death of a human being while committing, 
 40.33  conspiring to commit, or attempting to commit a felony crime to 
 40.34  further terrorism and the death occurs under circumstances 
 40.35  manifesting an extreme indifference to human life. 
 40.36     (b) For purposes of paragraph (a), clause (5), "child abuse"
 41.1   means an act committed against a minor victim that constitutes a 
 41.2   violation of the following laws of this state or any similar 
 41.3   laws of the United States or any other state:  section 609.221; 
 41.4   609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
 41.5   609.345; 609.377; 609.378; or 609.713. 
 41.6      (c) For purposes of paragraph (a), clause (6), "domestic 
 41.7   abuse" means an act that: 
 41.8      (1) constitutes a violation of section 609.221, 609.222, 
 41.9   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 41.10  609.713, or any similar laws of the United States or any other 
 41.11  state; and 
 41.12     (2) is committed against the victim who is a family or 
 41.13  household member as defined in section 518B.01, subdivision 2, 
 41.14  paragraph (b). 
 41.15     (d) For purposes of paragraph (a), clause (7), "further 
 41.16  terrorism" has the meaning given in section 609.714, subdivision 
 41.17  1. 
 41.18     Sec. 7.  [EFFECTIVE DATE.] 
 41.19     Sections 1 to 6 are effective August 1, 2004, and apply to 
 41.20  crimes committed on or after that date.