HF 1929

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:53pm

A bill for an act
relating to public safety; requiring a study of county attorney and public defender
sentencing recommendations and racial data; requiring a study of the efficacy and
access for minority offenders of reentry services, expungement, and treatment
programs.

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

Section 1. new text begin SENTENCING DISPARITY STUDY.
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new text begin (a) The executive director of the Minnesota Sentencing Guidelines Commission
shall conduct a study of racial disparity and sentencing recommendations. The study must
require each county attorney office and county public defender office to gather racial
data related to sentencing recommendations made for each defendant represented by an
attorney in that office. The study must include:
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new text begin (1) a review of the factors that can influence sentence negotiations;
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new text begin (2) information relative to the use of discretion in recommending sentences by
the county attorneys and public defenders;
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new text begin (3) rationale for county attorney decisions regarding whether to seek a presumptive
sentence, an aggravated sentence, or a reduced sentence;
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new text begin (4) information regarding county attorney and public defender rationale when
making initial screening, adjudication, and sentencing decisions;
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new text begin (5) any county attorney and public defender office policies that may influence a
sentencing recommendation;
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new text begin (6) data regarding the race of and sentence recommended for each person prosecuted
by the county attorney office and each person represented by the county public defender
office; and
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new text begin (7) any other information that relates to how county attorneys and public defenders
make sentencing recommendations.
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new text begin (b) Each county attorney office and public defender office shall provide the
information requested by the executive director under paragraph (a). By December 31,
2014, the executive director shall submit a report to the house of representatives and
senate committees having jurisdiction over sentencing of offenders that includes, at a
minimum, the critical variables and related indicators of racial disparities in sentencing,
and analytic tools to determine whether racial bias is a factor of any racial disparities.
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Sec. 2. new text begin MINORITY OFFENDER ACCESS TO REENTRY SERVICES; STUDY.
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new text begin The commissioner of corrections shall conduct a study of the efficacy and access of
reentry services, the expungement process, and culturally competent treatment programs
for minority offenders. The commissioner may consult with the Office of the Legislative
Auditor or enter into an agreement with an independent consultant to perform the study.
The study must include, at a minimum, findings and proposed recommendations for
changes aimed at reducing recidivism. The commissioner shall submit a report to the
house of representatives and senate committees having jurisdiction over criminal justice
by December 31, 2014.
new text end