HF 1630

as introduced - 87th Legislature (2011 - 2012) Posted on 05/02/2011 10:08am

A bill for an act
relating to public safety; providing for a conditional partial pardon of a person's
criminal conviction upon successful completion of the challenge incarceration
program; proposing coding for new law in Minnesota Statutes, chapter 638.

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

Section 1.

new text begin [638.021] CONDITIONAL PARTIAL PARDON.
new text end

new text begin (a) A person, convicted of a crime in any court of this state, who has served the
sentence imposed by the court in the challenge incarceration program under sections
244.171 and 244.172 and has been discharged of the sentence either by order of the court
or by operation of law, may petition the Board of Pardons to grant a conditional partial
pardon.
new text end

new text begin (b) The Board of Pardons shall grant a conditional partial pardon that reduces the
person's convictions for all felonies to gross misdemeanors if the board determines that
the person:
new text end

new text begin (1) has successfully completed the challenge incarceration program; and
new text end

new text begin (2) is eligible for the reduction in conviction based on objective progress reports by
the challenge incarceration program staff, the person's supervisory agent, or both.
new text end

new text begin (c) The Board of Pardons shall revoke a person's conditional partial pardon under
paragraph (b) and reinstate the person's felony convictions if:
new text end

new text begin (1) evidence shows that the person may reasonably pose a danger to the public
or an individual; or
new text end

new text begin (2) the person is convicted of a second or subsequent felony offense.
new text end

new text begin (d) The conditional partial pardon, when granted, has the effect of setting aside and
nullifying the felony convictions and establishing gross misdemeanor convictions. The
person shall not be required after the pardon to disclose the felony convictions at any time
or place other than a judicial proceeding or as part of the licensing process for peace
officers unless the person violates the conditions of the partial pardon under paragraph (c)
and the conditional partial pardon is revoked by the board.
new text end

new text begin (e) The application for a conditional partial pardon, the review process, and the
notice requirements are governed by this chapter and the rules of the board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end