HF 2128

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:47pm

A bill for an act
relating to corrections; establishing the Indeterminate Sentence Release Board;
requiring a report; amending Minnesota Statutes 2018, section 244.05, subdivision
5; proposing coding for new law in Minnesota Statutes, chapter 244.

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

Section 1.

new text begin [244.049] INDETERMINATE SENTENCE RELEASE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) The Indeterminate Sentence Release
Board is established to review eligible cases and make release decisions for inmates serving
indeterminate sentences under the authority of the commissioner.
new text end

new text begin (b) The board shall consist of five members as follows:
new text end

new text begin (1) four persons appointed by the governor from two recommendations of each of the
majority leaders and minority leaders of the house of representatives and the senate; and
new text end

new text begin (2) the commissioner of corrections who shall serve as chair.
new text end

new text begin (c) The members appointed from the legislative recommendations must meet the
following qualifications at a minimum:
new text end

new text begin (1) a bachelor's degree in criminology, corrections, or a related social science, or a law
degree;
new text end

new text begin (2) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; and
new text end

new text begin (3) demonstrated knowledge of victim issues and correctional processes.
new text end

new text begin Subd. 2. new text end

new text begin Terms; compensation. new text end

new text begin (a) Members of the board shall serve four-year staggered
terms except that the terms of the initial members of the board must be as follows:
new text end

new text begin (1) two members must be appointed for terms that expire January 1, 2022; and
new text end

new text begin (2) two members must be appointed for terms that expire January 1, 2024.
new text end

new text begin (b) A member is eligible for reappointment.
new text end

new text begin (c) Vacancies on the board shall be filled in the same manner as the initial appointments
under subdivision 1.
new text end

new text begin (d) Member compensation and removal of members on the board shall be as provided
in section 15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Quorum; administrative duties. new text end

new text begin (a) The majority of members constitutes a
quorum.
new text end

new text begin (b) The commissioner of corrections shall provide the board with all other personnel,
supplies, equipment, office space, and other administrative services necessary and incident
to the discharge of the functions of the board.
new text end

new text begin Subd. 4. new text end

new text begin Limitation. new text end

new text begin Nothing in this section supersedes the commissioner's authority
to revoke an inmate's release for a violation of the inmate's terms of release or impairs the
power of the Board of Pardons to grant a pardon or commutation in any case.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin On or before February 15 each year, the board shall submit to the
legislative committees with jurisdiction over criminal justice policy a written report detailing
the number of inmates reviewed and identifying persons granted release in the preceding
year. The report shall also include the board's recommendations for policy modifications
that influence the board's duties.
new text end

Sec. 2.

Minnesota Statutes 2018, section 244.05, subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

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

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

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

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

(1) while in prison:

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

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

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

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

(e) As used in this subdivision deleted text begin , deleted text end new text begin :
new text end

new text begin (1) "board" means the Indeterminate Sentence Release Board under section 244.049;
and
new text end

new text begin (2) new text end "victim" means the individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving spouse or next of kin.