HF 2432

as introduced - 94th Legislature (2025 - 2026) Posted on 03/17/2025 03:00pm

A bill for an act
relating to public safety; extending protection from report of fictitious emergency
to all state or local correctional employees; clarifying Tribal Nation access and
use of community supervision services subsidy; codifying certain provisions
relating to management of individuals on post-incarceration supervision; repealing
obsolete administrative rules of the hearing and release unit; modifying mental
health unit pilot program; extending duration of pilot program; prorating cost of
interstate transfer based on county share of probation population; providing for
enhanced criminal penalties for theft of public funds; appropriating money for
judiciary, public safety, and corrections; amending Minnesota Statutes 2024,
sections 14.03, subdivision 3; 201.014, subdivision 2a; 241.26, subdivisions 1, 3,
4, 5, by adding a subdivision; 242.10; 242.19, subdivision 3; 242.44; 243.05,
subdivisions 1, 2, 4; 243.88, subdivisions 2, 5, by adding a subdivision; 244.04,
subdivisions 1, 2, by adding a subdivision; 244.05, subdivisions 1b, 2; 244.0513,
subdivisions 1, 7, 8; 244.07, subdivision 1, by adding a subdivision; 244.13,
subdivision 1; 244.171, subdivision 4; 244.19, subdivision 1c; 244.20; 299A.01,
by adding a subdivision; 299F.47, subdivision 2; 401.01, subdivision 2; 401.03;
401.06, by adding a subdivision; 401.10, subdivision 1, by adding a subdivision;
401.11, subdivision 1; 401.12, subdivision 2; 401.14, subdivision 1; 609.105,
subdivision 2; 609.495, subdivision 1; 609.78, subdivision 2c; Laws 2023, chapter
52, article 2, section 6, as amended; article 11, section 31; proposing coding for
new law in Minnesota Statutes, chapters 243; 401; 609; repealing Minnesota
Statutes 2024, sections 243.58; 244.065, subdivision 1; Minnesota Rules, parts
2940.0100, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 19, 20, 21,
22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34; 2940.0200; 2940.0300; 2940.0400;
2940.0500; 2940.0600; 2940.0700; 2940.0800; 2940.0900; 2940.1000; 2940.1100;
2940.1200; 2940.1300; 2940.1400; 2940.1500; 2940.1600; 2940.1700; 2940.1800;
2940.1900; 2940.2000; 2940.2100; 2940.2200; 2940.2300; 2940.2400; 2940.2500;
2940.2600; 2940.2700; 2940.2800; 2940.2900; 2940.3000; 2940.3100; 2940.3200;
2940.3300; 2940.3400; 2940.3500; 2940.3600; 2940.3700; 2940.3800; 2940.3900;
2940.4000; 2940.4100; 2940.4200; 2940.4300; 2940.4400; 2940.4500; 2940.5700.

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

ARTICLE 1

JUDICIARY APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 50,002,000 new text end

new text begin $ new text end

new text begin 50,963,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Contingent Account new text end

new text begin 5,000 new text end

new text begin 5,000 new text end

new text begin $5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided
new text end

Sec. 3. new text begin BOARD OF CIVIL LEGAL AID new text end

new text begin $ new text end

new text begin 35,330,000 new text end

new text begin $ new text end

new text begin 36,522,000 new text end

Sec. 4. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 15,593,000 new text end

new text begin $ new text end

new text begin 15,936,000 new text end

Sec. 5. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 392,179,000 new text end

new text begin $ new text end

new text begin 400,470,000 new text end

Sec. 6. new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 26,169,000 new text end

new text begin $ new text end

new text begin 26,732,000 new text end

Sec. 7. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 2,312,000 new text end

new text begin $ new text end

new text begin 2,353,000 new text end

Sec. 8. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 115,000 new text end

new text begin $ new text end

new text begin 115,000 new text end

Sec. 9. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 655,000 new text end

new text begin $ new text end

new text begin 666,000 new text end

new text begin Availability of Appropriation
new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end

Sec. 10. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 167,733,000 new text end

new text begin $ new text end

new text begin 171,189,000 new text end

Sec. 11. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 9,044,000 new text end

new text begin $ new text end

new text begin 9,203,000 new text end

Sec. 12. new text begin OFFICE OF APPELLATE COUNSEL AND TRAINING new text end

new text begin $ new text end

new text begin 1,560,000 new text end

new text begin $ new text end

new text begin 1,560,000 new text end

Sec. 13. new text begin STATE COMPETENCY ATTAINMENT BOARD new text end

new text begin $ new text end

new text begin 11,160,000 new text end

new text begin $ new text end

new text begin 11,426,000 new text end

ARTICLE 2

PUBLIC SAFETY APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2025," "2026," and "2027" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2025, June 30, 2026, or
June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is fiscal
year 2027. "The biennium" is fiscal years 2026 and 2027. Appropriations for the fiscal year
ending June 30, 2025, are effective the day following final enactment. Appropriations for
the fiscal year ending June 30, 2025, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
		new text begin 2025 new text end		new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 1,092,000 new text end

new text begin $ new text end

new text begin 1,112,000 new text end

Sec. 3. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 276,247,000 new text end

new text begin $ new text end

new text begin 271,664,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 183,491,000 new text end	new text begin 179,005,000 new text end
new text begin Special Revenue new text end	new text begin 21,497,000 new text end	new text begin 21,397,000 new text end
new text begin State Government Special Revenue new text end	new text begin 103,000 new text end	new text begin 103,000 new text end
new text begin Environmental new text end	new text begin 130,000 new text end	new text begin 133,000 new text end
new text begin Trunk Highway new text end	new text begin 2,429,000 new text end	new text begin 2,429,000 new text end
new text begin 911 Fund new text end	new text begin 68,597,000 new text end	new text begin 68,597,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Emergency Management new text end

new text begin 5,504,000 new text end

new text begin 6,366,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 5,374,000 new text end	new text begin 6,233,000 new text end
new text begin Environmental new text end	new text begin 130,000 new text end	new text begin 133,000 new text end

new text begin Lake Superior Chippewa Tribal Emergency
Management Coordinator
new text end

new text begin $145,000 each year is for a grant to the Grand
Portage Band of Lake Superior Chippewa to
establish and maintain a Tribal emergency
management coordinator under Minnesota
Statutes, section 12.25.
new text end

new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end

new text begin 114,442,000 new text end

new text begin 114,081,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 111,334,000 new text end	new text begin 110,973,000 new text end
new text begin State Government Special Revenue new text end	new text begin 7,000 new text end	new text begin 7,000 new text end
new text begin Trunk Highway new text end	new text begin 2,429,000 new text end	new text begin 2,429,000 new text end

new text begin (a) new text end new text begin DWI Lab Analysis; Trunk Highway
Fund
new text end

new text begin Notwithstanding Minnesota Statutes, sections
161.045, subdivision 3, and 161.20,
subdivision 3, $2,429,000 each year is from
the trunk highway fund for staff and operating
costs for laboratory analysis related to
driving-while-impaired cases.
new text end

new text begin (b) Decrease Forensic Evidence Turnaround
new text end

new text begin $3,504,000 each year is to decrease turnaround
times for forensic processing of evidence in
criminal investigations for state and local law
enforcement partners.
new text end

new text begin Additional staff and supplies funded under
this provision are intended, among other
purposes, to reduce the backlog in sexual
assault examination kit testing, to prevent the
development of any future backlogs in testing
sexual assault examination kits, and to provide
survivors access to the status of the testing of
their exam kits via the relevant exam testing
tracking systems. By January 1, 2027, and
each year thereafter, the commissioner must
submit a report to the chairs and ranking
minority members of the house of
representatives and senate committees with
jurisdiction over public safety finance and
policy on the use of these funds in the previous
fiscal year. The report must: (1) include the
data necessary to understand sexual assault
examination kit testing times; and (2) identify
the barriers to testing all sexual assault
examination kits within 90 days of receipt by
the laboratory in the preceding year and in the
upcoming year.
new text end

new text begin (c) Fraud and Financial Crime Unit
new text end

new text begin $695,000 each year is for additional staff and
resources for the centralized fraud and
financial crimes unit.
new text end

new text begin (d) Missing Persons
new text end

new text begin $1,500,000 the first year is for a system to
track, maintain, and share data related to
missing persons. This appropriation is
available until June 30, 2029.
new text end

new text begin Subd. 4. new text end new text begin Fire Marshal new text end

new text begin 20,117,000 new text end

new text begin 20,017,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 4,190,000 new text end	new text begin 4,190,000 new text end
new text begin Special Revenue new text end	new text begin 15,927,000 new text end	new text begin 15,827,000 new text end

new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation for this account is $15,927,000
in fiscal year 2028 and $15,827,000 in fiscal
year 2029.
new text end

new text begin (a) Hazardous Materials and Emergency
Response Teams
new text end

new text begin $2,170,000 the first year and $2,070,000 the
second year are from the fire safety account
for hazardous materials and emergency
response teams. The base for these purposes
is $2,170,000 in the first year of future
bienniums and $2,070,000 in the second year
of future bienniums.
new text end

new text begin (b) Bomb Squad Reimbursements
new text end

new text begin $250,000 from the fire safety account and
$50,000 from the general fund each year are
for reimbursements to local governments for
bomb squad services.
new text end

new text begin (c) Nonresponsible Party Reimbursements
new text end

new text begin $750,000 each year from the fire safety
account is for nonresponsible party hazardous
material, Urban Search and Rescue, Minnesota
Air Rescue Team, and bomb squad incident
reimbursements. Money appropriated for this
purpose is available for one year.
new text end

new text begin (d) Hometown Heroes Assistance Program
new text end

new text begin $4,000,000 each year from the general fund
is for grants to the Minnesota Firefighter
Initiative to fund the hometown heroes
assistance program established in Minnesota
Statutes, section 299A.477.
new text end

new text begin (e) Task Force 1
new text end

new text begin $1,425,000 each year from the fire safety
account is for the Minnesota Task Force 1.
new text end

new text begin (f) Task Force 2
new text end

new text begin $300,000 each year from the fire safety
account is for the Minnesota Task Force 2.
new text end

new text begin (g) Air Rescue
new text end

new text begin $500,000 each year from the fire safety
account is for the Minnesota Air Rescue Team.
new text end

new text begin Subd. 5. new text end new text begin Firefighter Training and Education Board new text end

new text begin 5,500,000 new text end

new text begin 5,500,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 5,500,000 new text end	new text begin 5,500,000 new text end

new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end

new text begin (a) Firefighter Training and Education new text end

new text begin $5,500,000 each year from the fire safety
account is for firefighter training and
education.
new text end

new text begin (b) Unappropriated Revenue new text end

new text begin Any additional unappropriated money
collected in fiscal year 2025 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end

new text begin Subd. 6. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 4,056,000 new text end

new text begin 4,067,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,986,000 new text end	new text begin 3,997,000 new text end
new text begin Special Revenue new text end	new text begin 70,000 new text end	new text begin 70,000 new text end

new text begin The special revenue fund appropriation is from
the lawful gambling regulation account.
new text end

new text begin Subd. 7. new text end new text begin Office of Justice Programs new text end

new text begin 58,703,000 new text end

new text begin 53,708,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 58,607,000 new text end	new text begin 53,612,000 new text end
new text begin State Government Special Revenue new text end	new text begin 96,000 new text end	new text begin 96,000 new text end

new text begin (a) Domestic and Sexual Violence Housing
new text end

new text begin $1,000,000 each year is for the Domestic
Violence Housing First grant program to
provide resources for survivors of violence to
access safe and stable housing and for staff to
provide mobile advocacy and expertise in
housing resources in their community and a
Minnesota Domestic and Sexual Violence
Transitional Housing program to develop and
support medium to long term transitional
housing for survivors of domestic and sexual
violence with supportive services.
new text end

new text begin (b) Office for Missing and Murdered Black
Women and Girls
new text end

new text begin $1,248,000 each year is for the Minnesota
Office for Missing and Murdered Black
Women and Girls.
new text end

new text begin (c) Office for Missing and Murdered
Indigenous Relatives
new text end

new text begin $774,000 each year is for staff and operating
costs of the Office for Missing and Murdered
Indigenous Relatives, the Missing and
Murdered Indigenous Relatives Advisory
Board, and the Gaagige-Mikwendaagoziwag
reward advisory group.
new text end

new text begin (d) Sexual Assault Exam Costs
new text end

new text begin $3,771,000 the first year and $3,776,000 the
second year are to reimburse qualified health
care providers for the expenses associated with
medical examinations administered to victims
of criminal sexual conduct as required under
Minnesota Statutes, section 609.35.
new text end

new text begin (e) Direct Assistance to Crime Victim
Survivors
new text end

new text begin $10,000,000 the first year and $5,000,000 the
second year are to provide grants for direct
services and advocacy for victims of sexual
assault, general crime, domestic violence, and
child abuse. Funding must support the direct
needs of organizations serving victims of
crime by providing: direct client assistance to
crime victims; competitive wages for direct
service staff; hotel stays and other
housing-related supports and services;
culturally responsive programming; prevention
programming, including domestic abuse
transformation and restorative justice
programming; and for other needs of
organizations and crime victim survivors.
new text end

new text begin (f) Intensive Comprehensive Peace Officer
Education and Training Program
new text end

new text begin $2,000,000 each year is to implement the
intensive comprehensive peace officer
education and training program described in
Minnesota Statutes, section 626.8516. This is
a onetime appropriation and is available
through June 30, 2029.
new text end

new text begin Subd. 8. new text end new text begin Emergency Communication Networks new text end

new text begin 68,597,000 new text end

new text begin 68,597,000 new text end

new text begin Appropriations by Fund new text end
new text begin 911 Fund new text end	new text begin 68,597,000 new text end	new text begin 68,597,000 new text end

new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services unless
otherwise indicated.
new text end

new text begin (a) Public Safety Answering Points new text end

new text begin $28,011,000 each year shall be distributed as
provided under Minnesota Statutes, section
403.113, subdivision 2.
new text end

new text begin (b) ARMER State Backbone Operating
Costs
new text end

new text begin $10,384,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end

new text begin (c) Statewide Emergency Communications
Board
new text end

new text begin $1,000,000 each year is to the Statewide
Emergency Communications Board. Funds
may be used for operating costs, to provide
competitive grants to local units of
government to fund enhancements to a
communication system, technology, or support
activity that directly provides the ability to
deliver the 911 call between the entry point to
the 911 system and the first responder, and to
further the strategic goals set forth by the
SECB Statewide Communication
Interoperability Plan.
new text end

Sec. 4. new text begin PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD new text end

new text begin $ new text end

new text begin 6,749,000 new text end

new text begin $ new text end

new text begin 6,797,000 new text end

new text begin Peace Officer Training Reimbursements
new text end

new text begin $2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end

Sec. 5. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 697,000 new text end

new text begin $ new text end

new text begin 706,000 new text end

Sec. 6. new text begin CORRECTIONS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 9,091,000 new text end

new text begin $ new text end

new text begin 847,648,000 new text end

new text begin $ new text end

new text begin 871,647,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Incarceration and Prerelease Services new text end

new text begin $ new text end

new text begin 9,091,000 new text end

new text begin $ new text end

new text begin 583,470,000 new text end

new text begin $ new text end

new text begin 600,689,000 new text end

new text begin (a) Operating Deficiency
new text end

new text begin $9,091,000 in fiscal year 2025 is to meet
financial obligations in fiscal year 2025.
Amounts in this appropriation may be
transferred to other programs within the
Department of Corrections. This is a onetime
appropriation.
new text end

new text begin (b) Prison Rape Elimination Act
new text end

new text begin $500,000 each year is for Prison Rape
Elimination Act (PREA) compliance.
new text end

new text begin (c) State Corrections Safety and Security
new text end

new text begin $2,339,000 each year is for state corrections
safety and security investments.
new text end

new text begin (d) Inmate Phone Calls
new text end

new text begin $3,100,000 each year is to provide voice
communication services for incarcerated
persons under Minnesota Statutes, section
241.252. Any unencumbered balance
remaining at the end of the first year may be
carried forward into the second year. If this
appropriation is greater than the cost of
providing voice communication services,
remaining funds must be used to offset the
cost of other communication services.
new text end

new text begin (e) Medical Assistance Reentry
Demonstration
new text end

new text begin $1,924,000 the first year and $2,364,000 the
second year are for planning and
implementation of the medical assistance
reentry demonstration.
new text end

new text begin (f) Incarceration and Prerelease Services
Base Budget
new text end

new text begin The base for incarceration and prerelease
services is $600,731,000 in fiscal year 2028
and $600,789,000 in fiscal year 2029.
new text end

new text begin Subd. 3. new text end new text begin Community Supervision and Postrelease Services new text end

new text begin 196,362,000 new text end

new text begin 201,690,000 new text end

new text begin (a) Community Supervision Funding
new text end

new text begin $143,378,000 each year is for community
supervision services. This appropriation shall
be distributed according to the community
supervision formula in Minnesota Statutes,
section 401.10.
new text end

new text begin (b) Tribal Nation Supervision
new text end

new text begin $2,750,000 each year is for Tribal Nations to
provide supervision or supportive services
pursuant to Minnesota Statutes, section
401.10.
new text end

new text begin (c) Housing Initiatives
new text end

new text begin $1,685,000 each year is for housing initiatives
to support stable housing of incarcerated
individuals upon release.
new text end

new text begin Subd. 4. new text end new text begin Organizational, Regulatory, and Administrative Services new text end

new text begin 67,816,000 new text end

new text begin 69,268,000 new text end

new text begin Public Safety Data Infrastructure
new text end

new text begin $4,097,000 each year is for technology
modernization and the development of an
information-sharing and data-technology
infrastructure. Any unspent funds from the
current biennium do not cancel and are
available in the next biennium.
new text end

Sec. 7. new text begin OMBUDSPERSON FOR CORRECTIONS new text end

new text begin $ new text end

new text begin 1,118,000 new text end

new text begin $ new text end

new text begin 1,137,000 new text end

Sec. 8. new text begin CANNABIS EXPUNGEMENT BOARD new text end

new text begin $ new text end

new text begin 5,371,000 new text end

new text begin $ new text end

new text begin 5,386,000 new text end

Sec. 9. new text begin CLEMENCY REVIEW COMMISSION new text end

new text begin $ new text end

new text begin 995,000 new text end

new text begin $ new text end

new text begin $1,005,000 new text end

new text begin $995,000 the first year and $1,005,000 the
second year are for the clemency review
commission described in Minnesota Statutes,
section 638.09. Of this amount, $200,000 each
year is for grants to support outreach and
clemency application assistance.
new text end

Sec. 10.

Laws 2023, chapter 52, article 2, section 6, as amended by Laws 2024, chapter
123, article 1, section 12, and Laws 2024, chapter 123, article 1, section 13, is amended to
read:

Sec. 6. CORRECTIONS

Subdivision 1. Total Appropriation

$

12,643,000

$

797,937,000

$

825,675,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Incarceration and Prerelease Services

$

12,643,000

$

534,412,000

$

561,421,000

(a) Operating Deficiency

$12,643,000 in fiscal year 2023 is to meet
financial obligations in fiscal year 2023. This
is a onetime appropriation.

new text begin (b) Transfer
new text end

new text begin Up to $4,050,000 may be transferred in fiscal
year 2025 to other programs within the
Department of Corrections for financial
obligations.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Body-worn Camera Program

$1,000,000 each year is to create a body-worn
camera program for corrections officers and
intensive supervised release agents. This
appropriation is onetime.

deleted text begin (c) deleted text end new text begin (d) new text end ARMER Radio System

$1,500,000 each year is to upgrade and
maintain the ARMER radio system within
correctional facilities. This is a onetime
appropriation.

deleted text begin (d) deleted text end new text begin (e) new text end Prison Rape Elimination Act

$500,000 each year is for Prison Rape
Elimination Act (PREA) compliance.

deleted text begin (e) deleted text end new text begin (f) new text end State Corrections Safety and Security

$1,932,000 deleted text begin each deleted text end new text begin in fiscal new text end year new text begin 2024 and
$1,632,000 in fiscal year 2025 new text end is for state
corrections safety and security investments.
The base for this appropriation is $2,625,000
beginning in fiscal year 2026.

deleted text begin (f) deleted text end new text begin (g) new text end Health Services

$2,750,000 each year is for increased health
care services. The base for this appropriation
is $3,400,000 beginning in fiscal year 2026.

deleted text begin (g) deleted text end new text begin (h) new text end Educational Programming and
Support Services

$5,600,000 the first year and deleted text begin $4,000,000 deleted text end new text begin
$1,000,000 new text end the second year are for educational
programming and support services. The base
for this purpose is $2,000,000 beginning in
fiscal year 2026.

deleted text begin (h) deleted text end new text begin (i) new text end Family Support Unit

$480,000 each year is for a family support
unit.

deleted text begin (i) deleted text end new text begin (j) new text end Inmate Phone Calls

$3,100,000 each year is to provide voice
communication services for incarcerated
persons under Minnesota Statutes, section
241.252. Any unencumbered balance
remaining at the end of the first year may be
carried forward into the second year. If this
appropriation is greater than the cost of
providing voice communication services,
remaining funds must be used to offset the
cost of other communication services.

deleted text begin (j) deleted text end new text begin (k) new text end Virtual Court Coordination

$500,000 each year is for virtual court
coordination and modernization.

deleted text begin (k) deleted text end new text begin (l) new text end Supportive Arts for Incarcerated
Persons

$425,000 the first year is for supportive arts
for incarcerated persons grants as provided
for in section 17. Of this amount, up to ten
percent is for administration, including facility
space, access, liaison, and monitoring. Any
unencumbered balance remaining at the end
of the first year does not cancel but is available
for this purpose in the second year.

deleted text begin (l) deleted text end new text begin (m) new text end Successful Re-entry

$375,000 the first year and deleted text begin $875,000 deleted text end new text begin $375,000 new text end
the second year are for reentry initiatives,
including a culturally specific release program
for Native American incarcerated individuals. new text begin
The base for this appropriation beginning in
fiscal year 2026 is $875,000.
new text end

deleted text begin (m) deleted text end new text begin (n) new text end Evidence-based Correctional
Practices Unit

$750,000 deleted text begin each deleted text end new text begin in fiscal new text end year new text begin 2024 and
$500,000 in fiscal year 2025 new text end is to establish
and maintain a unit to direct and oversee the
use of evidence-based correctional practices
across the department and supervision delivery
systems. new text begin The base for this appropriation
beginning in fiscal year 2026 is $750,000.
new text end

deleted text begin (n) deleted text end new text begin (o) new text end Interstate Compact for Adult
Supervision; Transfer Expense
Reimbursement

$250,000 each year is for reimbursements
under Minnesota Statutes, section 243.1609.
This is a onetime appropriation.

deleted text begin (o) deleted text end new text begin (p) new text end Task Force on Aiding and Abetting
Felony Murder

$25,000 the first year is for costs associated
with the revival of the task force on aiding and
abetting felony murder.

deleted text begin (p) deleted text end new text begin (q) new text end Incarceration and Prerelease
Services Base Budget

The base for incarceration and prerelease
services is $552,775,000 in fiscal year 2026
and $553,043,000 in fiscal year 2027.

Subd. 3. Community Supervision and Postrelease Services

189,939,000

190,953,000

(a) Community Supervision Funding

$143,378,000 each year is for community
supervision services. This appropriation shall
be distributed according to the community
supervision formula in Minnesota Statutes,
section 401.10.

new text begin (b) new text end new text begin Transfer
new text end

new text begin Up to $5,750,000 may be transferred in fiscal
year 2025 to other programs within the
Department of Corrections for financial
obligations.
new text end

deleted text begin (b) Tribal Nation Supervision
deleted text end

deleted text begin $2,750,000 each year is for Tribal Nations to
provide supervision or supportive services
pursuant to Minnesota Statutes, section
401.10.
deleted text end

(c) Postrelease Sex Offender Program

$1,915,000 each year is for postrelease sex
offender treatment services and initiatives.

(d) Community Supervision Advisory
Committee

$75,000 the first year is to fund the community
supervision advisory committee under
Minnesota Statutes, section 401.17.

(e) Regional and County Jails Study and
Report

$150,000 the first year is to fund the
commissioner's study and report on the
consolidation or merger of county jails and
alternatives to incarceration for persons
experiencing mental health disorders.

(f) Work Release Programs

$500,000 each year is for work release
programs.

(g) County Discharge Plans

$80,000 each year is to develop model
discharge plans pursuant to Minnesota
Statutes, section 641.155. This appropriation
is onetime.

(h) Housing Initiatives

$2,130,000 deleted text begin each deleted text end new text begin in fiscal new text end year new text begin 2024 and
$880,000 in fiscal year 2025 new text end is for housing
initiatives to support stable housing of
incarcerated individuals upon release. The
base for this purpose beginning in fiscal year
2026 is $1,685,000. deleted text begin Of this amount:
deleted text end

deleted text begin (1) $1,000,000 each year is for housing
stabilization prerelease services and program
evaluation. The base for this purpose
beginning in fiscal year 2026 is $760,000;
deleted text end

deleted text begin (2) $500,000 each year is for rental assistance
for incarcerated individuals approaching
release, on supervised release, or on probation
who are at risk of homelessness;
deleted text end

deleted text begin (3) $405,000 each year is for culturally
responsive trauma-informed transitional
housing. The base for this purpose beginning
in fiscal year 2026 is $200,000; and
deleted text end

deleted text begin (4) $225,000 each year is for housing
coordination activities.
deleted text end

(i) Community Supervision and Postrelease
Services Base Budget

The base for community supervision and
postrelease services is $189,272,000 in fiscal
year 2026 and $189,172,000 in fiscal year
2027.

(j) Naloxone

$2,000 each year is to purchase naloxone for
supervised release agents to use to respond to
overdoses.

Subd. 4. Organizational, Regulatory, and Administrative Services

73,586,000

73,301,000

(a) Public Safety Data Infrastructure

$22,914,000 the first year and $22,915,000
the second year are for technology
modernization and the development of an
information-sharing and data-technology
infrastructure. The base for this purpose is
$4,097,000 beginning in fiscal year 2026. Any
unspent funds from the current biennium do
not cancel and are available in the next
biennium.

new text begin (b) new text end new text begin Transfer
new text end

new text begin Up to $200,000 may be transferred in fiscal
year 2025 to other programs within the
Department of Corrections for financial
obligations.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Supervised Release Board

$40,000 each year is to establish and operate
the supervised release board pursuant to
Minnesota Statutes, section 244.049.

deleted text begin (c) deleted text end new text begin (d) new text end Recruitment and Retention

$3,200,000 the first year and $400,000 the
second year are for recruitment and retention
initiatives. Of this amount, $2,800,000 the first
year is for staff recruitment, professional
development, conflict resolution, and staff
wellness, and to contract with community
collaborative partners who specialize in trauma
recovery.

deleted text begin (d) deleted text end new text begin (e) new text end Clemency Review Commission

$986,000 the first year is for the clemency
review commission described in Minnesota
Statutes, section 638.09. Of this amount,
$200,000 each year is for grants to support
outreach and clemency application assistance.
Any unencumbered balance remaining in the
first year does not cancel, but must be
transferred to the Clemency Review
Commission by July 30, 2024. Funds
transferred under this paragraph are available
until June 30, 2025.

deleted text begin (e) deleted text end new text begin (f) new text end Accountability and Transparency

$1,000,000 deleted text begin each deleted text end new text begin in fiscal new text end year new text begin 2024 and
$800,000 in fiscal year 2025 new text end is for
accountability and transparency initiatives.
The base for this appropriation is $1,480,000
beginning in fiscal year 2026.

deleted text begin (f) deleted text end new text begin (g) new text end Organizational, Regulatory, and
Administrative Services Base Budget

The base for organizational, regulatory, and
administrative services is $54,863,000 in fiscal
year 2026 and $54,663,000 in fiscal year 2027.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

PUBLIC SAFETY POLICY

Section 1.

Minnesota Statutes 2024, section 299A.01, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Grant contracts and programs administrative costs. new text end

new text begin Notwithstanding any
law to the contrary, unless amounts are otherwise appropriated for administrative costs, the
department may retain up to five percent of the amount appropriated to the department for
grants enacted by the legislature and single or sole source and formula grants and up to ten
percent for competitively awarded grants to be used for staff and related operating costs for
grant administration. This subdivision applies to all new and existing grant programs
administered by the department. This subdivision does not apply to grants funded with an
appropriation of proceeds from the sale of state general obligation bonds.
new text end

Sec. 2.

Minnesota Statutes 2024, section 299F.47, subdivision 2, is amended to read:

Subd. 2.

Charter school inspections; fees.

The state fire marshal shall charge charter
schools deleted text begin $100 deleted text end new text begin $0.014 per square foot new text end for each school building inspected. deleted text begin This rate deleted text end new text begin These
rates new text end shall include two follow-up inspections or on-site consultations. If additional follow-up
inspections or consultations are needed, the state fire marshal shall charge deleted text begin $50 deleted text end new text begin $0.005 per
square foot new text end for each additional follow-up inspection to each applicable building in which a
follow-up inspection is needed.

Sec. 3.

new text begin [609.5523] THEFT OF PUBLIC FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Public funds" means all general, special, permanent, trust, and other funds, regardless
of source or purpose, held or administered by a government entity.
new text end

new text begin (c) "Government entity" has the meaning provided in section 13.02, subdivision 7a.
new text end

new text begin Subd. 2. new text end

new text begin Acts constituting theft of public funds. new text end

new text begin Whoever does any of the following
commits theft of public funds and may be sentenced as provided in subdivision 3:
new text end

new text begin (1) intentionally and without claim of right takes, uses, transfers, conceals, or retains
possession of public funds of a government entity or a third party administering a program
funded by public vendors without consent and with intent to deprive the government entity
permanently of possession of public funds;
new text end

new text begin (2) obtains for the actor or another the possession or custody of public funds from a
government entity or third party administering a program funded by public funds by
intentionally deceiving the government entity or third party with a false representation which
is known to be false, is made with intent to defraud, and does defraud the government entity
or third party to whom it is made. False representation includes without limitation:
new text end

new text begin (i) a promise made with intent not to perform. Failure to perform is not evidence of
intent not to perform unless corroborated by other substantial evidence; or
new text end

new text begin (ii) the preparation or filing of a claim for reimbursement, a rate application, or a cost
report which intentionally and falsely states the costs of or actual services provided by a
vendor; or
new text end

new text begin (3) by swindling, whether by artifice, trick, device, or any other means, obtains public
funds or services funded by public funds from a government entity or a third party
administering a program funded by public funds.
new text end

new text begin Subd. 3. new text end

new text begin Sentence. new text end

new text begin (a) Whoever commits theft of public funds may be sentenced as
follows:
new text end

new text begin (1) to imprisonment for not more than 24 years or to payment of a fine of not more than
$100,000, or both, if the value of property stolen is more than $35,000;
new text end

new text begin (2) to imprisonment for not more than 12 years or to payment of a fine of not more than
$20,000, or both, if the value of the property stolen exceeds $5,000; or
new text end

new text begin (3) to imprisonment for not more than six years or to payment of a fine of not more than
$10,000, or both, if the value of the property is more than $1,000 but not more than $5,000.
new text end

new text begin (b) In any prosecution for theft of public funds, the value of the money or property
received by the defendant in violation of any of these provisions within any six-month
period may be aggregated and the defendant charged accordingly in applying the provisions
of this subdivision.
new text end

ARTICLE 4

CORRECTIONS POLICY

Section 1.

Minnesota Statutes 2024, section 14.03, subdivision 3, is amended to read:

Subd. 3.

Rulemaking procedures.

(a) The definition of a rule in section 14.02,
subdivision 4, does not include:

(1) rules concerning only the internal management of the agency or other agencies that
do not directly affect the rights of or procedures available to the public;

(2) an application deadline on a form; and the remainder of a form and instructions for
use of the form to the extent that they do not impose substantive requirements other than
requirements contained in statute or rule;

(3) the curriculum adopted by an agency to implement a statute or rule permitting or
mandating minimum educational requirements for persons regulated by an agency, provided
the topic areas to be covered by the minimum educational requirements are specified in
statute or rule;

(4) procedures for sharing data among government agencies, provided these procedures
are consistent with chapter 13 and other law governing data practices.

(b) The definition of a rule in section 14.02, subdivision 4, does not include:

(1) rules of the commissioner of corrections new text begin :
new text end

new text begin (i) new text end relating to the release, placement, term, new text begin revocation, new text end and supervision of inmates new text begin on
work release, on parole, or new text end serving a supervised release or conditional release term deleted text begin , deleted text end new text begin ;
new text end

new text begin (ii) on new text end the internal management of institutions under the commissioner's control deleted text begin , and
rules adopted deleted text end new text begin ; and
new text end

new text begin (iii) new text end under section 609.105 governing the inmates of deleted text begin those deleted text end institutions new text begin under the
commissioner's control new text end ;

(2) rules relating to weight limitations on the use of highways when the substance of the
rules is indicated to the public by means of signs;

(3) opinions of the attorney general;

(4) the data element dictionary and the annual data acquisition calendar of the Department
of Education to the extent provided by section 125B.07;

(5) the occupational safety and health standards provided in section 182.655;

(6) revenue notices and tax information bulletins of the commissioner of revenue;

(7) uniform conveyancing forms adopted by the commissioner of commerce under
section 507.09;

(8) standards adopted by the Electronic Real Estate Recording Commission established
under section 507.0945; or

(9) the interpretive guidelines developed by the commissioner of human services to the
extent provided in chapter 245A.

Sec. 2.

Minnesota Statutes 2024, section 201.014, subdivision 2a, is amended to read:

Subd. 2a.

Felony conviction; restoration of civil right to vote.

An individual who is
ineligible to vote because of a felony conviction has the civil right to vote restored during
any period when the individual is not incarcerated for the offense. If the individual is later
incarcerated for the offense, the individual's civil right to vote is lost only during that period
of incarceration. For purposes of this subdivision only, an individual on work release under
section 241.26 or deleted text begin 244.065 or deleted text end an individual released under section 631.425 is not deemed
to be incarcerated.

Sec. 3.

Minnesota Statutes 2024, section 241.26, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Commissioner deleted text end new text begin Granting work release new text end .

deleted text begin When consistent with the public
interest and the public safety, deleted text end new text begin (a) new text end The commissioner of corrections may conditionally release
an inmate deleted text begin who is eligible and being considered for release under section 243.05, deleted text end to work
at paid employment, seek employment, or participate in a vocational training or educational
program deleted text begin . deleted text end new text begin :
new text end

new text begin (1) when consistent with the public interest and the public safety; and
new text end

new text begin (2) if the inmate has served at least one-half of the term of imprisonment.
new text end

new text begin (b) new text end Release under this subdivision is an extension of the limits of confinement new text begin , new text end and each
inmate deleted text begin so deleted text end released deleted text begin shall deleted text end new text begin must new text end be confined in the correctional facility from which released
or in some other suitable place of confinement designated by the commissioner of corrections
during the hours the inmate is not employed, seeking employment, or engaged in a vocational
training or educational program, or, if employed, seeking employment, or engaged in a
vocational training or educational program, between the hours of such activity.

new text begin (c) new text end A reasonable allowance for travel time and meals shall be permitted.

Sec. 4.

Minnesota Statutes 2024, section 241.26, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Rules deleted text end new text begin Policy new text end .

The commissioner of corrections deleted text begin shall establish rules for placement
and supervision of such deleted text end new text begin must adopt policy for placing and supervising new text end inmates new text begin under
subdivision 1 new text end and for deleted text begin administration of deleted text end new text begin administrating new text end programs authorized by this section.
When consistent with the public interest new text begin , new text end the commissioner may grant furloughs to deleted text begin those deleted text end
inmates participating in the programs authorized by this section who have spent at least 30
days in a residential work release center operated by or under the control of the commissioner
for a period deleted text begin of time deleted text end not to exceed their supervised release date.

Sec. 5.

Minnesota Statutes 2024, section 241.26, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Revocation deleted text end new text begin Rescinding work release new text end .

The willful failure of an inmate to report
to or return from planned employment, seeking employment, educational or vocational
training, or furlough as provided in subdivision 3 deleted text begin shall be deleted text end new text begin is new text end considered an escape under
section 609.485. If an inmate violates any deleted text begin of the deleted text end new text begin policy new text end rules deleted text begin provided for in deleted text end new text begin under new text end
subdivision 3, the inmate's work placement, educational, or vocational training privileges
may be withdrawn by the commissioner.

Sec. 6.

Minnesota Statutes 2024, section 241.26, subdivision 5, is amended to read:

Subd. 5.

Earnings; work release account.

new text begin (a) new text end The net earnings of each inmate
participating in the work release program provided by this section may be collected by or
forwarded to the commissioner of corrections for deposit to the account of the inmate in
the work release account in the state treasury, or the inmate may be permitted to collect,
retain, and expend the net earnings from the inmate's employment deleted text begin under rules established deleted text end new text begin
according to policy adopted new text end by the commissioner of corrections. The money collected by
or forwarded to the commissioner deleted text begin under the rules shall remain deleted text end new text begin remains new text end under the control
of the commissioner for the sole benefit of the inmate. After making deductions for the
payment of state and local taxes, if necessary, and for repayment of advances and gate
money as provided in section 243.24, wages under the control of the commissioner and
wages retained by the inmate may be disbursed by the commissioner or expended by the
inmate for the following purposes and in the following order:

(1) the cost of the inmate's keep as determined by subdivision 7, which money shall be
deposited in the general fund of the state treasury if the inmate is housed in a state
correctional facility, or shall be paid directly to the place of confinement as designated by
the commissioner pursuant to subdivision 1;

(2) necessary travel expense to and from work and other incidental expenses of the
inmate;

(3) support of inmate's dependents, if any;

(4) court-ordered restitution, if any;

(5) fines, surcharges, or other fees assessed or ordered by the court;

(6) contribution to any programs established by law to aid victims of crime, provided
that the contribution must not be more than 20 percent of the inmate's gross wages;

(7) restitution to the commissioner of corrections ordered by a prison disciplinary hearing
officer for damage to property caused by an inmate's conduct;

(8) restitution to staff ordered by a prison disciplinary hearing officer for damage to
property caused by an inmate's conduct;

(9) restitution to another inmate ordered by a prison disciplinary hearing officer for
personal injury to another caused by an inmate's conduct;

(10) after the above expenditures, the inmate shall have discretion to direct payment of
the balance, if any, upon proper proof of personal legal debts; new text begin and
new text end

(11) the balance, if any, shall be disbursed to the inmate as provided in section 243.24,
subdivision 1.

new text begin (b) new text end The commissioner may authorize the payment of court-ordered restitution from an
inmate's wages when the restitution was court ordered as a sanction for the conviction of
an offense which is not the offense of commitment, including offenses which occurred prior
to the offense for which the inmate was committed to the commissioner. All money in the
work release account are appropriated annually to the commissioner of corrections for the
purposes of the work release program.

Sec. 7.

Minnesota Statutes 2024, section 241.26, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Exempt from rulemaking. new text end

new text begin A commissioner policy or policy rule under this
section is not a rule under chapter 14 and is exempt from the rulemaking provisions under
chapter 14, including section 14.386.
new text end

Sec. 8.

Minnesota Statutes 2024, section 242.10, is amended to read:

242.10 HEARING OFFICERS, POWERS; PROBATION, COMMITMENT,
PAROLE.

new text begin Subdivision 1. new text end

new text begin Designated hearing officers. new text end

The commissioner of corrections may
designate from among the members of the commissioner's staff deleted text begin , deleted text end one or more hearing officers
and delegate to them the authority to grant or revoke probation, commit to an institution,
grant or revoke parole, or issue final discharge to any person deleted text begin under the control of the
deleted text end deleted text begin commissioner pursuant to a commitment deleted text end new text begin committed new text end to the commissioner by a juvenile court
of this state.

new text begin Subd. 2. new text end

new text begin Appealing order of hearing officer. new text end

Any person aggrieved by an order issued
by a hearing officer may appeal to the commissioner or deleted text begin to a review panel established by
the commissioner deleted text end new text begin a designee new text end within the department deleted text begin pursuant deleted text end new text begin according new text end to deleted text begin rules deleted text end new text begin policy new text end issued
by the commissioner.

new text begin Subd. 3. new text end

new text begin Exempt from rulemaking. new text end

new text begin A commissioner policy under this section is not a
rule under chapter 14 and is exempt from the rulemaking provisions under chapter 14,
including section 14.386.
new text end

Sec. 9.

Minnesota Statutes 2024, section 242.19, subdivision 3, is amended to read:

Subd. 3.

Retaking absconding and other person.

deleted text begin The written order of the commissioner
of corrections is authority to any peace officer or parole or probation officer deleted text end new text begin Warrants new text end to
take and detain any child committed to the commissioner of corrections by a juvenile court
who absconds from field supervision or escapes from confinement, violates furlough
conditions, or is released from court while on institution status new text begin are governed according to
section 243.051 new text end . deleted text begin Any person of the age of 18 years or older who is taken into custody under
the provisions of this subdivision may be detained as provided in section 260B.181,
subdivision 4.
deleted text end

Sec. 10.

Minnesota Statutes 2024, section 242.44, is amended to read:

242.44 deleted text begin PUPILS deleted text end new text begin JUVENILES new text end .

new text begin Subdivision 1. new text end

new text begin Receiving and housing juveniles. new text end

The commissioner of corrections, so
far as the accommodations of the correctional facilities and other means at the commissioner's
disposal will permit, may receive juvenile delinquents and juvenile offenders serving a
juvenile disposition under section 260B.130, subdivision 4. The commissioner's housing
of these individuals must be consistent with federal and state law, including established
admissions criteria for Minnesota Correctional Facility-Red Wing. The commissioner may
place these youths at employment, may provide education suitable to their years and capacity,
and may place them in suitable homes.

new text begin Subd. 2. new text end

new text begin Parole or discharge. new text end

new text begin (a) new text end Under deleted text begin rules deleted text end new text begin policy new text end prescribed by the commissioner,
when deemed best for these youths, persons committed to the commissioner's care and
custody by a juvenile court may be paroled or discharged from the facility by the
commissioner.

new text begin (b) A commissioner policy under this subdivision is not a rule under chapter 14 and is
exempt from the rulemaking provisions under chapter 14, including section 14.386.
new text end

new text begin Subd. 3. new text end

new text begin Youth in facility. new text end

All deleted text begin pupils deleted text end new text begin youth new text end in the facility deleted text begin shall deleted text end new text begin must new text end be clothed,
instructed, and maintained by the commissioner of corrections.

Sec. 11.

Minnesota Statutes 2024, section 243.05, subdivision 1, is amended to read:

Subdivision 1.

Conditional release.

(a) The Supervised Release Board may parole any
person sentenced to confinement in any state correctional facility for adults under the control
of the commissioner of corrections, provided that:

(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;

(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;

(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.

deleted text begin (c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.
deleted text end

deleted text begin (d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.
deleted text end

deleted text begin (e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.
deleted text end

deleted text begin (f) deleted text end new text begin (c) new text end Persons conditionally released deleted text begin , deleted text end and those on probation under the supervision of
the commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.

deleted text begin (g) deleted text end new text begin (d) new text end Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.

deleted text begin (h) deleted text end new text begin (e) new text end Before revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient substance use disorder treatment. If a probation or parole agent
determines that community options are appropriate and available in the state, the agent must
seek to restructure the offender's terms of release to incorporate those options. If an offender
on probation stipulates in writing to restructure the terms of release, a probation agent must
forward a report to the district court containing:

(1) the specific nature of the technical violation of probation;

(2) the recommended restructure to the terms of probation; and

(3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.

deleted text begin (i) deleted text end new text begin (f) new text end The recommended restructuring of probation becomes effective when confirmed
by a judge. The order of the court is proof of confirmation and amends the terms of the
sentence imposed by the court under section 609.135.

deleted text begin (j) deleted text end new text begin (g) new text end If a nonviolent controlled substance offender's parole or probation is revoked, the
offender's agent must first attempt to place the offender in a local jail.

deleted text begin (k) deleted text end new text begin (h) new text end For purposes of paragraphs deleted text begin (h) deleted text end new text begin (e) new text end to deleted text begin (k) deleted text end new text begin (h) new text end :

(1) "nonviolent controlled substance offender" means a person who meets the criteria
described under section 244.0513, subdivision 2, clauses (1), (2), and (5); and

(2) "technical violation" means any violation of a court order of probation or a condition
of parole, except an allegation of a subsequent criminal act that is alleged in a formal
complaint, citation, or petition.

Sec. 12.

Minnesota Statutes 2024, section 243.05, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Rules deleted text end new text begin Policy on conditional release new text end .

new text begin (a) new text end The commissioner of corrections deleted text begin may deleted text end new text begin
must new text end adopt deleted text begin rules in accordance with chapter 14, the Administrative Procedure Act, deleted text end new text begin policy new text end
governing deleted text begin the deleted text end procedures for granting deleted text begin of deleted text end conditional release and final discharge. The deleted text begin rules deleted text end new text begin
policy new text end may provide for the conduct and employment of persons conditionally released deleted text begin , deleted text end and
other matters necessary to implement the duties conferred by law upon the commissioner
with respect to conditional release and discharge of persons.

new text begin (b) A commissioner policy under this subdivision is not a rule under chapter 14 and is
exempt from the rulemaking provisions under chapter 14, including section 14.386.
new text end

new text begin (c) new text end For purposes of this subdivision, "conditional release" means a person on parole,
work release, or supervised release.

Sec. 13.

Minnesota Statutes 2024, section 243.05, subdivision 4, is amended to read:

Subd. 4.

Hearing officers; powers; duties.

To carry out the powers and duties conferred
by this section, the commissioner of corrections may designate from among staff members deleted text begin , deleted text end
one or more hearing officers and delegate to them any of the powers and duties conferred
by this section. deleted text begin In the exercise of their delegated powers and duties the hearing officers
shall be subject to the rules prescribed by the commissioner of corrections.
deleted text end

Sec. 14.

new text begin [243.051] WARRANTS AND STOP ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Warrants and stop orders; commissioner policy. new text end

new text begin (a) For purposes of
this section, "commissioner" means the commissioner of corrections.
new text end

new text begin (b) Consistent with this section, the commissioner must adopt policy governing warrants
and stop orders.
new text end

new text begin (c) A commissioner policy under this section is not a rule under chapter 14 and is exempt
from the rulemaking provisions under chapter 14, including section 14.386.
new text end

new text begin Subd. 2. new text end

new text begin Warrants; generally. new text end

new text begin (a) The commissioner may issue warrants, including
nationwide warrants, for apprehension and detention in any of the following circumstances:
new text end

new text begin (1) when a person under the commissioner's supervision, including but not limited to a
person on parole, supervised release, conditional release, work release, or probation, absconds
from supervision or fails to abide by the conditions of their release;
new text end

new text begin (2) when a person on pretrial release absconds from pretrial release or fails to abide by
the conditions of pretrial release;
new text end

new text begin (3) when an inmate escapes from any state correctional facility under the commissioner's
control;
new text end

new text begin (4) when a convicted defendant fails to report postsentencing to their county authority
or to a state correctional facility; or
new text end

new text begin (5) when a child committed to the commissioner by a juvenile court absconds from field
supervision, escapes from confinement, violates furlough conditions, or is released from
court while on institution status.
new text end

new text begin (b) For an inmate under paragraph (a), clause (3), the commissioner must use all proper
means to apprehend and return the inmate, which may include offering a reward of no more
than $100 to be paid from the state treasury, for information leading to the arrest and return
to custody of the inmate.
new text end

new text begin (c) Any individual 18 years of age or older who is taken into custody under paragraph
(a), clause (5), may be detained according to section 260B.181, subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Warrant authority. new text end

new text begin A warrant issued by the commissioner is sufficient authority
for any peace officer, state correctional investigator, or state parole or probation agent to
retake and place in actual custody any person.
new text end

new text begin Subd. 4. new text end

new text begin Preventing escape or enforcing discipline. new text end

new text begin When it appears necessary to
prevent escape or enforce discipline, any state parole and probation agent or state correctional
investigator may, without a warrant:
new text end

new text begin (1) take and detain any person on probation, parole, supervised release, conditional
release, or work release; and
new text end

new text begin (2) take one of the following actions:
new text end

new text begin (i) for a person on probation, bring them before the court for further proceedings under
section 609.14; or
new text end

new text begin (ii) for a person on parole, supervised release, conditional release, or work release, bring
them to the commissioner for action.
new text end

new text begin Subd. 5. new text end

new text begin Stop time. new text end

new text begin The commissioner may stop the time from running on sentences of
persons until they are taken into custody in the following circumstances:
new text end

new text begin (1) releasees who have absconded from supervision;
new text end

new text begin (2) inmates who have escaped from a state correctional facility; or
new text end

new text begin (3) convicted defendants who have failed to report postsentencing.
new text end

Sec. 15.

Minnesota Statutes 2024, section 243.88, subdivision 2, is amended to read:

Subd. 2.

Private industry employment.

new text begin (a) new text end Any corporation operating a factory or
other business or commercial enterprise under this section may employ selected inmates of
the correctional institution upon whose grounds it operates and persons conditionally released
subject to the provisions of section 241.26. Persons conditionally released as provided in
this subdivision deleted text begin shall be deemed to be deleted text end new text begin are new text end parolees within the purview of United States
Code, title 49, section 60.

new text begin (b) new text end Except as prohibited by applicable provisions of the United States Code, inmates of
state correctional institutions may be employed in the manufacture and processing of goods,
wares and merchandise for introduction into interstate commerce, provided that they are
paid no less than the prevailing minimum wages for work of a similar nature performed by
employees with similar skills in the locality in which the work is being performed.

deleted text begin Under rules deleted text end new text begin (c) As new text end prescribed by the commissioner of corrections new text begin , new text end a portion of the wages
of each inmate employed as authorized by this subdivision, in an amount to be determined
by the commissioner, shall be set aside and kept deleted text begin by the chief executive officer of the facility deleted text end
in the public welfare fund of the state for the benefit of the inmate and for the purpose of
assisting the inmate when leaving the facility on conditional release or by final discharge.
Any portion remaining undisbursed at the time of the inmate's final discharge shall be given
to the inmate upon final discharge.

Sec. 16.

Minnesota Statutes 2024, section 243.88, subdivision 5, is amended to read:

Subd. 5.

Deductions.

Notwithstanding any other law to the contrary, any compensation
paid to inmates under this section is subject to section 243.23, subdivisions 2 and 3, and
deleted text begin rules deleted text end new text begin policy new text end of the commissioner of corrections.

Sec. 17.

Minnesota Statutes 2024, section 243.88, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Exempt from rulemaking. new text end

new text begin A commissioner prescription or policy under this
section is not a rule under chapter 14 and is exempt from the rulemaking provisions under
chapter 14, including section 14.386.
new text end

Sec. 18.

Minnesota Statutes 2024, section 244.04, subdivision 1, is amended to read:

Subdivision 1.

Reduction of sentence; inmates sentenced for crimes committed
before 1993.

new text begin (a) new text end Notwithstanding the provisions of section 609.11, subdivision 6, and
Minnesota Statutes 2004, section 609.109, subdivision 1, the term of imprisonment of any
inmate sentenced to a presumptive fixed sentence after May 1, 1980, and whose crime was
committed before August 1, 1993, shall be reduced in duration by one day for each two
days during which the inmate violates none of the disciplinary offense rules deleted text begin promulgated deleted text end new text begin
adopted new text end by the commissioner. The reduction shall accrue to the period of supervised release
to be served by the inmate, except that the period of supervised release for a sex offender
conditionally released by the commissioner under section 609.3455 is governed by that
provision.

new text begin (b) new text end Except as otherwise provided in subdivision 2, if an inmate whose crime was
committed before August 1, 1993, violates a disciplinary offense rule deleted text begin promulgated by the
commissioner deleted text end , good time earned prior to the violation may not be taken away, but the inmate
may be required to serve an appropriate portion of the term of imprisonment after the
violation without earning good time.

Sec. 19.

Minnesota Statutes 2024, section 244.04, subdivision 2, is amended to read:

Subd. 2.

Loss of good time.

deleted text begin By May 1, 1980, deleted text end The commissioner deleted text begin shall promulgate rules deleted text end new text begin
must adopt policy new text end specifying disciplinary offenses deleted text begin which deleted text end new text begin that new text end may result in the loss of good
time and the amount of good time deleted text begin which deleted text end new text begin that new text end may be lost as a result of each disciplinary
offense, including provision for restoration of good time. In no case shall an individual
disciplinary offense result in the loss of more than 90 days of good time; except that no
inmate confined in segregation for violation of a disciplinary rule shall be placed on
supervised release until discharged or released from punitive segregation confinement, nor
shall an inmate in segregation for violation of a disciplinary rule for which the inmate could
also be prosecuted under the criminal laws earn good time while in segregation. The loss
of good time shall be considered to be a disciplinary sanction imposed upon an inmate, and
the procedure for the loss of good time and the rights of the inmate in the procedure shall
be those in effect for the imposition of other disciplinary sanctions at each state correctional
institution.

Sec. 20.

Minnesota Statutes 2024, section 244.04, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Exempt from rulemaking. new text end

new text begin A commissioner policy or disciplinary rule under
this section is not a rule under chapter 14 and is exempt from the rulemaking provisions
under chapter 14, including section 14.386.
new text end

Sec. 21.

Minnesota Statutes 2024, section 244.05, subdivision 1b, is amended to read:

Subd. 1b.

Supervised release; inmates who commit crimes on or after August 1,
1993.

(a) Except as provided in subdivisions 4, 4a, and 5, every inmate sentenced to prison
for a felony offense committed on or after August 1, 1993, shall serve a supervised release
term upon completion of the inmate's term of imprisonment and any disciplinary confinement
period imposed by the commissioner due to the inmate's violation of any disciplinary rule
adopted by the commissioner or refusal to participate in a rehabilitative program required
under section 244.03. The amount of time the inmate serves on supervised release is equal
to one-third of the inmate's fixed executed sentence, less any disciplinary confinement period
imposed by the commissioner and regardless of any earned incentive release credit applied
toward the individual's term of imprisonment under section 244.44.

(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary sanction or until
the inmate is discharged or released from punitive restrictive-housing confinement, whichever
is later. The imposition of a disciplinary confinement period shall be considered to be a
disciplinary sanction imposed upon an inmate, and the procedure for imposing the
disciplinary confinement period and the rights of the inmate in the procedure shall be those
in effect for the imposition of other disciplinary sanctions at each state correctional institution.

new text begin (c) A disciplinary rule under this subdivision is not a rule under chapter 14 and is exempt
from the rulemaking provisions under chapter 14, including section 14.386.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end For purposes of this subdivision, "earned incentive release credit" has the meaning
given in section 244.41, subdivision 7.

Sec. 22.

Minnesota Statutes 2024, section 244.05, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Rules deleted text end new text begin Policy new text end .

(a) The commissioner of corrections deleted text begin shall deleted text end new text begin must new text end adopt deleted text begin by rule
standards and procedures deleted text end new text begin policies new text end for deleted text begin the establishment of deleted text end new text begin :
new text end

new text begin (1) establishing new text end conditions of release deleted text begin and the revocation of deleted text end new text begin ;
new text end

new text begin (2) revoking new text end supervised or conditional release, deleted text begin and shall specify the period of revocation
for each violation of release. Procedures for the revocation of release shall provide due
process of law for the inmate. deleted text end new text begin including revocation procedures that must provide for due
process of law for the offender;
new text end

new text begin (3) assigning terms of reimprisonment for release violations; and
new text end

new text begin (4) extending terms of reimprisonment due to violations of disciplinary rules or other
factors specified in policy relating to community supervision or public safety.
new text end

new text begin (b) In no case may a term of reimprisonment exceed 12 months unless:
new text end

new text begin (1) the release violation involved a conviction for a felony offense;
new text end

new text begin (2) the commissioner finds the releasee to be a risk to the public; or
new text end

new text begin (3) the commissioner finds the releasee to be unamenable to supervision due to one or
more prior violations of the conditions of release.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner may prohibit an inmate placed on parole, supervised release,
or conditional release from using adult-use cannabis flower as defined in section 342.01,
subdivision 3, or adult-use cannabis products as defined in section 342.01, subdivision 3,
hemp-derived consumer products as defined in section 342.01, subdivision 35, or
lower-potency hemp edibles as defined in section 342.01, subdivision 48, if the inmate
undergoes a chemical use assessment and abstinence is consistent with a recommended
level of care for the defendant in accordance with the criteria under section 254B.04,
subdivision 4.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner of corrections shall not prohibit an inmate placed on parole,
supervised release, or conditional release from participating in the registry program as
defined in section 342.01, subdivision 61, as a condition of release or revoke a patient's
parole, supervised release, or conditional release or otherwise sanction a patient on parole,
supervised release, or conditional release solely for participating in the registry program or
for a positive drug test for cannabis components or metabolites.

new text begin (e) A commissioner policy or disciplinary rule under this subdivision is not a rule under
chapter 14 and is exempt from the rulemaking provisions under chapter 14, including section
14.386.
new text end

Sec. 23.

Minnesota Statutes 2024, section 244.0513, subdivision 1, is amended to read:

Subdivision 1.

Conditional release authority.

The commissioner of corrections has
the authority to release offenders committed to the commissioner's custody who meet the
requirements of this section and of any deleted text begin rules deleted text end new text begin policy new text end adopted by the commissioner. new text begin A
commissioner policy under this section is not a rule under chapter 14 and is exempt from
the rulemaking provisions under chapter 14, including section 14.386.
new text end

Sec. 24.

Minnesota Statutes 2024, section 244.0513, subdivision 7, is amended to read:

Subd. 7.

Release procedures.

The commissioner may deny conditional release to an
offender under this section if the commissioner determines that the offender's release may
reasonably pose a danger to the public or an individual. In making this determination, the
commissioner deleted text begin shall deleted text end new text begin must new text end follow the procedures in section 244.05, subdivision 5, and deleted text begin the
rules adopted by the commissioner under that subdivision deleted text end new text begin policy thereunder new text end . The
commissioner shall consider whether the offender was involved in criminal gang activity
during the offender's prison term. The commissioner shall also consider the offender's
custody classification and level of risk of violence and the availability of appropriate
community supervision for the offender. Conditional release granted under this section
continues until the offender's sentence expires, unless release is rescinded under subdivision
8. The commissioner may not grant conditional release unless a release plan is in place for
the offender that addresses, at a minimum, plans for aftercare, community-based substance
use disorder treatment, gaining employment, and securing housing.

Sec. 25.

Minnesota Statutes 2024, section 244.0513, subdivision 8, is amended to read:

Subd. 8.

Conditional release.

The conditions of release granted under this section are
governed by the statutes and deleted text begin rules deleted text end new text begin policy new text end governing supervised release under this chapter,
except that release may be rescinded without hearing by the commissioner if the
commissioner determines that continuation of the conditional release poses a danger to the
public or to an individual. If the commissioner rescinds an offender's conditional release,
the offender shall be returned to prison and shall serve the remaining portion of the offender's
sentence.

Sec. 26.

Minnesota Statutes 2024, section 244.07, subdivision 1, is amended to read:

Subdivision 1.

Authority.

If consistent with the public interest, the commissioner may deleted text begin ,
under rules prescribed by the commissioner, deleted text end furlough any inmate in custody to any point
within the state for up to five days. A furlough may be granted to assist the inmate with
family needs, personal health needs, or reintegration into society. No inmate may receive
more than three furloughs under this section within any 12-month period. deleted text begin The provisions
of deleted text end This section deleted text begin shall also apply deleted text end new text begin applies new text end to deleted text begin those deleted text end inmates convicted of offenses deleted text begin prior to deleted text end new text begin before new text end
May 1, 1980.

Sec. 27.

Minnesota Statutes 2024, section 244.07, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Exempt from rulemaking. new text end

new text begin A commissioner determination under this section
is not a rule under chapter 14 and is exempt from the rulemaking provisions under chapter
14, including section 14.386.
new text end

Sec. 28.

Minnesota Statutes 2024, section 244.13, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of corrections shall establish programs
for those designated by the commissioner to serve all or part of a sentence on intensive
community supervision or all or part of a supervised release or parole term on intensive
supervised release. The adoption and modification of policies and procedures to implement
sections 244.05, subdivision 6, and 244.12 deleted text begin to 244.15 deleted text end new text begin and 244.13 new text end are not subject to the
rulemaking procedures of chapter 14 deleted text begin because these policies and procedures are excluded
from the definition of a rule under section 14.03, subdivision 3, paragraph (b), clause (1) deleted text end new text begin ,
including section 14.386 new text end . The commissioner shall locate the programs so that at least one-half
of the money appropriated for the programs in each year is used for programs in Community
Corrections Act counties. In awarding contracts for intensive supervision programs in
Community Corrections Act counties, the commissioner shall give first priority to programs
that utilize county employees as intensive supervision agents and shall give second priority
to programs that utilize state employees as intensive supervision agents. The commissioner
may award contracts to other providers in Community Corrections Act counties only if
doing so will result in a significant cost savings or a significant increase in the quality of
services provided, and only after notifying the chairs of the committees in the senate and
house of representatives with jurisdiction over criminal justice policy.

Sec. 29.

Minnesota Statutes 2024, section 244.171, subdivision 4, is amended to read:

Subd. 4.

Sanctions.

(a) The commissioner shall impose severe and meaningful sanctions
for violating the conditions of the challenge incarceration program. The commissioner shall
remove an offender from the challenge incarceration program if the offender:

(1) commits a material violation of or repeatedly fails to follow the rules of the program;

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of
alcohol or controlled substances. The removal of an offender from the challenge incarceration
program is governed by the procedures in the commissioner's deleted text begin rules adopted deleted text end new text begin policy new text end under
section 244.05, subdivision 2.

(b) An offender who is removed from the challenge incarceration program shall be
imprisoned for a time period equal to the offender's term of imprisonment, minus earned
good time if any, but in no case for longer than the time remaining in the offender's sentence.
"Term of imprisonment" means a time period equal to two-thirds of the sentence originally
executed by the sentencing court, minus jail credit, if any.

(c) Notwithstanding paragraph (b), an offender who has been removed from the challenge
incarceration program but who remains otherwise eligible for acceptance into the program
may be readmitted at the commissioner's discretion. An offender readmitted to the program
under this paragraph must participate from the beginning and complete all of the program's
phases.

Sec. 30.

Minnesota Statutes 2024, section 244.19, subdivision 1c, is amended to read:

Subd. 1c.

Community supervision funding; eligibility for funding formula.

(a) A
CPO jurisdiction:

(1) must collaborate with the commissioner to develop a comprehensive plan under
section 401.06; and

(2) is subject to all applicable eligibility provisions under chapter 401 necessary to
receive a subsidy under section 401.10.

(b) A non-CPO jurisdiction is eligible to receive a subsidy under section 401.10 but is
not a Community Corrections Act jurisdiction under chapter 401 deleted text begin , and deleted text end new text begin . Except as provided
under section 401.115, new text end the commissioner:

(1) is appropriated the jurisdiction's share of funding under section 401.10 for providing
probation services; and

(2) may seek reimbursement from the jurisdiction according to subdivision 5a.

Sec. 31.

Minnesota Statutes 2024, section 244.20, is amended to read:

244.20 PROBATION; FELONY SUPERVISION.

new text begin (a) new text end Notwithstanding sections 244.19, subdivisions 1 to 1d, and 609.135, subdivision 1,
the Department of Corrections:

(1) has exclusive responsibility for providing probation services for adult felons in
counties and Tribal Nations that do not take part in the Community Corrections Act subsidy
program under chapter 401; and

(2) to provide felony supervision, retains the county's or Tribal Nation's funding allotted
under section 401.10 for providing felony probation services.

new text begin (b) Paragraph (a), clause (2), does not apply to a Tribal Nation's subsidy under section
401.115.
new text end

Sec. 32.

Minnesota Statutes 2024, section 401.01, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For purposes of this chapter, the terms defined in this subdivision
have the meanings given them.

(b) "CCA jurisdiction" means a county or Tribal Nation that participates in the
Community Corrections Act, the subsidy program under this chapter.

(c) "Commissioner" means the commissioner of corrections or a designee.

(d) "Conditional release" means:

(1) parole, supervised release, or conditional release as authorized by section 609.3455,
subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota
Statutes 2004, section 609.109, subdivision 7;

(2) work release as authorized by sections 241.26 deleted text begin , 244.065, deleted text end and 631.425; and

(3) probation, furlough, and any other authorized temporary release from a correctional
facility.

(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.

(f) "Joint board" means the board under section 471.59.

(g) "Local advisory board" means:

(1) for a CCA jurisdiction, a corrections advisory board as defined in section 401.08;

(2) for a non-CCA jurisdiction other than a Tribal Nation, a human services advisory
board as defined in section 402.02, or advisory committee or task force as defined in section
402.03; or

(3) for a Tribal Nation that is a non-CCA jurisdiction, a board with membership as
determined by the Tribal Nation.

(h) "Non-CCA jurisdiction" means a county or Tribal Nation that is not participating in
the Community Corrections Act subsidy program and provides or receives probation services
according to section 244.19.

(i) "Probation officer" means a county or Tribal probation officer under a CCA or
non-CCA jurisdiction appointed with the powers under section 244.19.

(j) "Release" means to release from actual custody.

(k) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries
of the state of Minnesota.

Sec. 33.

Minnesota Statutes 2024, section 401.03, is amended to read:

401.03 RULEMAKING AUTHORITY; TECHNICAL ASSISTANCE.

(a) The commissioner must, as provided in chapter 14, adopt rules to implement this
chapter and provide consultation and technical assistance to counties and Tribal Nations to
help them develop comprehensive plans new text begin , including abbreviated plans new text end .

(b) The time limit to adopt rules under section 14.125 does not apply.

Sec. 34.

Minnesota Statutes 2024, section 401.06, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Commissioner approval required for allotment. new text end

new text begin A Tribal Nation is ineligible
for its allotment under section 401.10, subdivision 1, paragraph (e), unless an abbreviated
comprehensive plan has been approved by the commissioner. The abbreviated plan must
at a minimum describe the community supervision services or reentry services for which
the funding will be utilized and provide a budget for those services.
new text end

Sec. 35.

Minnesota Statutes 2024, section 401.10, subdivision 1, is amended to read:

Subdivision 1.

Community supervision funding formula.

(a) Beginning July 1, 2023,
the community supervision subsidy paid to each county, the commissioner for supervision
of non-CCA jurisdictions served by the Department of Corrections, and each applicable
Tribal Nation deleted text begin under paragraph (e) deleted text end new text begin providing services as a CCA jurisdiction or CPO
jurisdiction as defined in section 244.19, subdivision 1a, paragraph (b), new text end equals the sum of:

(1) a base funding amount equal to $150,000; and

(2) a community supervision formula equal to the sum of:

(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied
by the sum of the county's or Tribal Nation's adult felony population, adult supervised
release and parole populations, and juvenile supervised release and parole populations as
reported in the most recent probation survey published by the commissioner, multiplied by
365; and

(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under
juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied
by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile
populations as reported in the most recent probation survey published by the commissioner,
multiplied by 365.

(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or
(c), the base funding amount must be shared equally between the jurisdiction and the
commissioner for the provision of felony supervision under section 244.20.

(c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal
Nation's base funding plus community supervision formula funding is adjusted by the ratio
of amounts appropriated for this purpose divided by the total of base funding plus community
supervision formula funding for all counties and applicable Tribal Nations.

(d) If in any year the base funding plus the community supervision formula amount
based on what was appropriated in fiscal year 2024 is less than the funding paid to the
county in fiscal year 2023, the difference is added to the community supervision formula
amount for that county. A county is not eligible for additional funding under this paragraph
unless the base funding plus community supervision formula results in an increase in funding
for the county based on what was appropriated in the previous fiscal year. This paragraph
expires June 30, 2029.

deleted text begin (e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase
probation services or probation-related services, including contracted services, but a Tribal
Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to
(c) and:
deleted text end

deleted text begin (1) has the Tribal Nation's funding amount of $250,000 transferred to the total community
supervision subsidy amount appropriated for the purposes of this section; and
deleted text end

deleted text begin (2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under paragraph (a), clause (2).
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,
subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction
served by the Department of Corrections by dividing the three-year average of the number
of individuals on supervised release and intensive supervised release within the jurisdiction
by the three-year average of the total number of individuals under supervised release and
intensive supervised release statewide, using the numbers reported annually in the Probation
Survey report.

Sec. 36.

Minnesota Statutes 2024, section 401.10, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Interstate Transfer Unit. new text end

new text begin Prior to disbursing the community supervision
subsidy in subdivision 1, the commissioner shall prorate the cost of the Interstate Transfer
Unit based upon the county's share of the probation population as reported in the most recent
probation survey and deduct that amount from the county's subsidy.
new text end

Sec. 37.

Minnesota Statutes 2024, section 401.11, subdivision 1, is amended to read:

Subdivision 1.

Policy items.

(a) new text begin Except for an abbreviated comprehensive plan submitted
under section 401.115, new text end a comprehensive plan submitted to the commissioner for approval
under section 401.06 must include items prescribed by commissioner policy and may include
the following:

(1) the manner in which presentence and postsentence investigations and reports for the
district courts and social history reports for the juvenile courts will be made;

(2) the manner in which conditional release services to the courts and persons under
jurisdiction of the commissioner will be provided;

(3) a program for detaining, supervising, and treating persons under pretrial detention
or under commitment;

(4) delivery of other correctional services;

(5) proposals for new programs, which proposals must demonstrate a need for the
program, and the program's purpose, objective, administrative structure, staffing pattern,
staff training, financing, evaluation process, degree of community involvement, client
participation, and duration;

(6) descriptions of programs that adhere to best practices for assessing risk and using
interventions that address an individual's needs while tailoring supervision and interventions
by using risk, need, and responsivity principles; and

(7) data on expenditures, costs, and programming results and outcomes for individuals
under community supervision.

(b) The commissioner must develop in policy budgetary requirements for comprehensive
plans to ensure the efficient and accountable expenditure of a county's or Tribal Nation's
subsidy for correctional services and programming to produce successful community
supervision outcomes.

Sec. 38.

new text begin [401.115] NONPARTICIPATING TRIBAL NATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Subsidy amount. new text end

new text begin A Tribal Nation electing not to provide services as a
CCA jurisdiction or a CPO jurisdiction under section 244.19, subdivision 1a, paragraph (b),
is eligible for a subsidy of $250,000 annually to purchase or provide community supervision
services or reentry services, including contracted services.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility for subsidy. new text end

new text begin A Tribal Nation is eligible to receive funding under
subdivision 1 upon submission and approval by the commissioner of an abbreviated
comprehensive plan. Section 401.08 does not apply. The abbreviated plan must comply
with commissioner-developed standards, and at minimum:
new text end

new text begin (1) describe the community supervision services or reentry services for which the funding
will be utilized;
new text end

new text begin (2) identify a steering committee to oversee the use of funds; and
new text end

new text begin (3) provide a budget for those services.
new text end

new text begin Once approved, the abbreviated comprehensive plan is valid for two years.
new text end

new text begin Subd. 3. new text end

new text begin Paying subsidy. new text end

new text begin A Tribal Nation receiving the subsidy under subdivision 1
must be paid according to section 401.14.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility for community supervision funding formula. new text end

new text begin A Tribal Nation
electing to become a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under section 401.10,
subdivision 1, paragraphs (a) to (c), and:
new text end

new text begin (1) has the Tribal Nation's funding amount under subdivision 1 transferred to the
community supervision formula amount appropriated for the purpose of section 401.10;
new text end

new text begin (2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under section 401.10, subdivision 1,
paragraph (a), clause (2); and
new text end

new text begin (3) is subject to all requirements relating to providing correctional services in section
244.19 and chapter 401.
new text end

Sec. 39.

Minnesota Statutes 2024, section 401.12, subdivision 2, is amended to read:

Subd. 2.

Not expending full subsidy amount.

If a county or Tribal Nation is unable to
expend the full amount of the subsidy new text begin or allotment new text end to which it would be entitled in the first
year of a biennium, the commissioner must:

(1) retain the surplus; and

(2) disburse the surplus in the second year of the biennium if the county or Tribal Nation
can demonstrate a need for and ability to expend the surplus.

Sec. 40.

Minnesota Statutes 2024, section 401.14, subdivision 1, is amended to read:

Subdivision 1.

Payment.

After a county or Tribal Nation becomes compliant with the
prerequisites for receiving the subsidy new text begin or allotment under section 401.10 new text end and the
commissioner approves the new text begin applicable new text end comprehensive plan, the commissioner must determine
whether funds exist to pay the subsidy new text begin or allotment new text end and proceed to pay it in accordance with
applicable law.

Sec. 41.

Minnesota Statutes 2024, section 609.105, subdivision 2, is amended to read:

Subd. 2.

Place of confinement.

new text begin (a) new text end The commissioner of corrections shall determine
the place of confinement in a prison, reformatory, or other facility of the Department of
Corrections established by law for the confinement of convicted persons and prescribe
reasonable conditions and rules for their employment, conduct, instruction, and discipline
within or without the facility. When the remaining term of imprisonment for a convicted
person upon commitment is 90 days or less, the commissioner of corrections may contract
with a county for placement of the person in a county jail or detention center for the
remainder of the person's term.

new text begin (b) A commissioner determination, prescription, or policy rule under this section is not
a rule under chapter 14 and is exempt from the rulemaking provisions under chapter 14,
including section 14.386.
new text end

Sec. 42.

Minnesota Statutes 2024, section 609.495, subdivision 1, is amended to read:

Subdivision 1.

Definition of crime.

(a) Whoever harbors, conceals, aids, or assists by
word or acts another whom the actor knows or has reason to know has committed a crime
under the laws of this or another state or of the United States with intent that such offender
shall avoid or escape from arrest, trial, conviction, or punishment, may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more than $5,000,
or both if the crime committed or attempted by the other person is a felony.

(b) Whoever knowingly harbors, conceals, or aids a person who is on probation, parole,
or supervised release because of a felony level conviction and for whom an arrest and
detention order has been issued, with intent that the person evade or escape being taken into
custody under the order, may be sentenced to imprisonment for not more than three years
or to payment of a fine of not more than $5,000, or both. As used in this paragraph, "arrest
and detention order" means a written order to take and detain a probationer, parolee, or
supervised releasee that is issued under section deleted text begin 243.05, subdivision 1; 244.195 deleted text end new text begin 243.051;
244.1951 new text end ; or 401.025.

Sec. 43.

Minnesota Statutes 2024, section 609.78, subdivision 2c, is amended to read:

Subd. 2c.

Felony offense; reporting fictitious emergency resulting in response to
the home of certain officials.

Whoever violates subdivision 2, clause (2), is guilty of a
felony and may be sentenced to imprisonment for not more than one year or to payment of
a fine of not more than $5,000, or both, if the person places the call with the intent of
prompting an emergency response to the home of:

(1) an elected official;

(2) a judge as defined in section 609.221, subdivision 6, clause (5);

(3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4);

(4) deleted text begin an employee of a correctional facility as defined in section 241.021, subdivision 1i deleted text end new text begin
a correctional employee of the state or a local political subdivision new text end ; or

(5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c).

Sec. 44.

Laws 2023, chapter 52, article 11, section 31, is amended to read:

Sec. 31. MENTAL HEALTH UNIT PILOT PROGRAM.

(a) The commissioner of corrections shall establish a pilot program with interested
counties to provide mental health care to individuals with serious and persistent mental
illness who are incarcerated in county jails. The pilot program must require the participating
counties to pay according to Minnesota Statutes, section 243.51, a per diem for
reimbursement of the Mental Health Unit at the Minnesota Correctional Facility - Oak Park
Heights, and other costs incurred by the Department of Corrections.

(b) The commissioner in consultation with the Minnesota Sheriffs' Association shall
develop program protocols, guidelines, and procedures and qualifications for participating
counties and incarcerated individuals to be treated in the Mental Health Unit. The program
is limited to a total of five incarcerated individuals from the participating counties at any
one time. Incarcerated individuals must deleted text begin volunteer to be treated in the unit and deleted text end be able to
participate in programming with other incarcerated individuals. new text begin A licensed mental health
professional must evaluate the incarcerated individual and recommend the individual to
receive treatment in the unit.
new text end

(c) The Minnesota Correctional Facility - Oak Park Heights warden, director of
psychology, and associate director of behavioral health, or a designee of each, in consultation
with the Minnesota Sheriffs' Association, the Minnesota branch of the National Association
on Mental Illness, and the Department of Human Services, shall oversee the pilot program.

deleted text begin (d) On November 15, 2024, the warden shall submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
corrections describing the protocols, guidelines, and procedures for participation in the pilot
program by counties and incarcerated individuals, challenges with staffing, cost sharing
with counties, capacity of the program, services provided to the incarcerated individuals,
program outcomes, concerns regarding the program, and recommendations for the viability
of a long-term program.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end The pilot program expires deleted text begin November 16, 2024 deleted text end new text begin August 1, 2027 new text end .

Sec. 45. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, sections 243.58; and 244.065, subdivision 1, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2940.0100, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, and 34; 2940.0200;
2940.0300; 2940.0400; 2940.0500; 2940.0600; 2940.0700; 2940.0800; 2940.0900;
2940.1000; 2940.1100; 2940.1200; 2940.1300; 2940.1400; 2940.1500; 2940.1600;
2940.1700; 2940.1800; 2940.1900; 2940.2000; 2940.2100; 2940.2200; 2940.2300;
2940.2400; 2940.2500; 2940.2600; 2940.2700; 2940.2800; 2940.2900; 2940.3000;
2940.3100; 2940.3200; 2940.3300; 2940.3400; 2940.3500; 2940.3600; 2940.3700;
2940.3800; 2940.3900; 2940.4000; 2940.4100; 2940.4200; 2940.4300; 2940.4400;
2940.4500; and 2940.5700, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-01993

243.58 ISSUING WARRANT FOR ESCAPED INMATE OR CONVICTED DEFENDANT.

If an inmate escapes from any state correctional facility under the control of the commissioner of corrections, the commissioner shall issue a warrant directed to any peace officer requiring that the fugitive be taken into immediate custody and returned to any state correctional facility designated by the commissioner. The commissioner may also issue such a warrant when a convicted defendant fails to report postsentencing to their county authority or to a state correctional facility. The chief executive officer of the facility from which the escape occurred shall use all proper means to apprehend and return the escapee, which may include the offer of a reward of not more than $100 to be paid from the state treasury, for information leading to the arrest and return to custody of the escapee.

244.065 PRIVATE EMPLOYMENT OF INMATES OR SPECIALIZED PROGRAMMING FOR PREGNANT INMATES OF STATE CORRECTIONAL INSTITUTIONS IN COMMUNITY.

Subdivision 1.

Work.

When consistent with the public interest and the public safety, the commissioner of corrections may conditionally release an inmate to work at paid employment, seek employment, or participate in a vocational training or educational program, as provided in section 241.26, if the inmate has served at least one half of the term of imprisonment.

Repealed Minnesota Rule: 25-01993

2940.0100 DEFINITIONS.

Subpart 1.

Scope.

As used in this chapter, the following terms have the meanings given them in this part.

Subp. 2.

Availability.

"Availability" means the date on which the offender has made bail, bond, or has been released on personal recognizance or no bail required; or completed any local incarceration time which results from a misdemeanor, gross misdemeanor, or felony stayed sentence.

Subp. 3.

Board of Pardons.

"Board of Pardons" means the Board of Pardons established by Minnesota Statutes, chapter 638.

Subp. 4.

Bookslip.

"Bookslip" means the form issued by the central office records clerk which designates the agent of record.

Subp. 5.

Case management.

"Case management" means the total system employed in the management of an inmate's case, including but not limited to the development of needs assessments and program plans; conducting progress and reentry reviews; and developing recommendations for conditions of release.

Subp. 6.

Commissioner.

"Commissioner" means the commissioner of corrections.

Subp. 7.

District supervisor.

"District supervisor" means a Department of Corrections field supervisor.

Subp. 8.

Executive officer of hearings and release.

"Executive officer of hearings and release" means the person to whom the commissioner of corrections has delegated the authority for granting parole and work release; for revoking parole, work release, and supervised release; and for granting discharge from an indeterminate sentence.

Subp. 9.

Expiration of the determinate sentence.

"Expiration of the determinate sentence" means the date on which the maximum sentence pronounced by the court occurs.

Subp. 10.

Expiration of the indeterminate sentence.

"Expiration of the indeterminate sentence" means the date on which the maximum sentence pronounced by the court less good time reduction occurs.

Subp. 12.

Guidelines.

"Guidelines" mean a sentence under Minnesota sentencing guidelines.

Subp. 13.

Inmate.

"Inmate" means a person committed to the jurisdiction of the commissioner who is imprisoned in a correctional facility or other place designated by the commissioner.

Subp. 14.

Institution caseworker.

"Institution caseworker" means the institution's staff person assigned the responsibility of coordinating the development of needs assessment, program plans, progress review, and reentry reviews for those inmates assigned to their caseloads.

Subp. 16.

Near the site.

"Near the site" means a place not to exceed 50 miles from the site of the alleged violation.

Subp. 17.

Parole.

"Parole" means that portion of an indeterminate sentence served by an inmate in the community under supervision and subject to prescribed rules.

Subp. 18.

Probable cause.

"Probable cause" means a finding by a court in an omnibus hearing or by a hearing officer in a probable cause hearing.

Subp. 19.

Probable cause hearing.

"Probable cause hearing" means a hearing held to determine if there are reasonable grounds for belief that one or more conditions of release may have been violated.

Subp. 20.

Program review team.

"Program review team" means a group of Department of Corrections employees in a correctional facility whose assigned function is to develop needs assessments and program plans and to conduct progress reviews for those inmates assigned to them.

Subp. 21.

Projected release date.

"Projected release date" means a date in the future at which an inmate will be released providing the inmate's behavior is satisfactory, the release date was based on complete and accurate information, and the inmate is not considered to be a risk to the public at the time of release.

Subp. 22.

Projected release plan.

"Projected release plan" means a proposed plan for an inmate when released to the community, including a place of residence and employment as well as any special or standard conditions which may be imposed at the time of release.

Subp. 23.

Public interest.

"Public interest" means the interest the public has in maintaining the integrity of legal sanctions and the rights of citizens.

Subp. 24.

Public safety.

"Public safety" means the protection of the public from injury, danger, and violence.

Subp. 25.

Reentry review.

"Reentry review" means the review which is held in order to establish conditions of release.

Subp. 26.

Releasee.

"Releasee" means a person on parole, work release, or supervised release status from a correctional facility who is under sentence to the commissioner.

Subp. 27.

Residential community program.

"Residential community program" means a structured residential program in the community such as a halfway house, chemical dependency treatment center, or another treatment program designed to change the behavior of residents and to protect the public.

Subp. 28.

Revocation hearing.

"Revocation hearing" means a hearing held for the purpose of determining whether cause exists for the revocation of parole, work release, or supervised release and for determining whether parole, work release, or supervised release should be revoked and for setting the term of reimprisonment to be served by the violator.

Subp. 29.

Risk to the public.

"Risk to the public" means the degree to which an individual is likely to cause injury, damage, loss, pain, or peril to the public or to engage in unlawful sexual behavior involving a victim.

Subp. 31.

Supervised release.

"Supervised release" means that portion of a determinate sentence served by an inmate in the community under supervision and subject to prescribed rules, adopted in accordance with Minnesota Statutes, section 244.05.

Subp. 32.

Supervising agent.

"Supervising agent" means the parole and probation agent who is assigned to the individual on parole, work release, or supervised release status.

Subp. 33.

Working days.

"Working days" means all working days exclusive of legal holidays and weekends.

Subp. 34.

Work release.

"Work release" means an extension of confinement in which inmates are conditionally released to work at gainful employment, seek employment, or participate in vocational or educational training in the community while serving their sentence in accordance with Minnesota Statutes, section 241.26.

2940.0200 PURPOSE.

The purpose of this chapter is to establish the policies, procedures, rules, regulations, and guidelines which will govern the operation of the hearings and release unit established within the Department of Corrections by the commissioner in order to discharge the responsibilities established by law.

2940.0300 ADMINISTRATION.

For the purpose of coordinating, monitoring, and assuring uniformity and objectivity in the decisions of parole, supervised release, and work release, the commissioner has established the hearings and release unit and appointed an executive officer of hearings and release. The commissioner has delegated to the executive officer of hearings and release the authority to grant parole and work release; to revoke parole, work release, and supervised release; to discharge persons under indeterminate sentences; and to approve the conditions of parole, work release, and supervised release.

The executive officer of hearings and release shall be independent from the administration of the institutions and community services division.

One or more Department of Corrections staff approved by the commissioner may assist the executive officer of hearings and release in carrying out the officer's responsibilities.

2940.0400 EXECUTIVE OFFICER OF HEARINGS AND RELEASE.

The executive officer of hearings and release shall have the authority, under the guidelines prescribed in this chapter, with the exception of those inmates under life sentences, to:

A.

grant parole and work release and discharge inmates with indeterminate sentences;

B.

approve or modify conditions of parole or supervised release as developed by the program review teams;

C.

restructure conditions of parole or supervised release;

D.

revoke parole, supervised release, and work release status;

E.

issue warrants for the apprehension of parolees, supervised releasees, and work releasees;

F.

authorize the extradition of absconders from parole, supervised release, and work release; and

G.

issue revocation orders to stop time on parolees, supervised releasees, and work releasees who have absconded and to start the time running on the inmates' sentences.

2940.0500 PROGRAM REVIEW TEAMS.

In each adult institution there shall be one or more program review teams appointed by the institution superintendent or warden. One member of each team shall be designated as the chair.

2940.0600 TEAM FUNCTIONS.

A program review team shall perform the following functions regarding each inmate:

A.

develop a needs assessment;

B.

develop a program plan;

C.

develop projected release plans;

D.

develop institutional transfer recommendations;

E.

develop recommendations for work release for prerelease purposes;

F.

develop recommendations for work release;

G.

conduct program plan progress reviews at least once every 12 months;

H.

modify needs assessment or program plans as required;

I.

develop conditions of parole or supervised release jointly with the inmate's assigned field agent; and

J.

conduct reentry reviews.

2940.0700 PLANS.

All needs assessments, program, and projected release plans must be in writing and the central office file copy must be forwarded to the hearings and release unit for informational purposes. All conditions of parole or supervised release shall be imposed by the executive officer of hearings and release.

2940.0800 NEEDS ASSESSMENTS, PROGRAM, AND PROJECTED RELEASE PLANS.

Subpart 1.

60-day limit.

Each inmate shall have a needs assessment, program plan, and projected release plan developed within 60 days of admission.

Subp. 2.

General content.

The needs assessment must specify the inmate's needs as identified by the program review committee regarding chemical dependency, sexual deviancy, psychological disorder, and other.

The projected release plan shall be based on the inmate's needs and shall contain the conditions required to meet the department's objective of public protection.

Subp. 3.

Developed by team.

The needs assessment, program plan, and projected release plan shall be developed by the program review team, and the central office copy shall be forwarded to the hearings and release unit for information purposes.

2940.0900 PROGRESS REVIEWS.

Subpart 1.

Times of review.

The progress of each inmate under the jurisdiction of the commissioner shall be reviewed at least annually by the program review team. Progress reviews may occur in conjunction with custody status changes and as individual program needs require.

Subp. 2.

Application.

The inmate's progress reviews may result in the modification of the inmate's needs assessment, modification of program plan, recommendations for institutional transfer, work release recommendations, and the development of conditions of parole or supervised release.

Subp. 3.

Copies forwarded.

The central office copy of the inmate's progress reviews shall be forwarded to the hearings and release unit for information purposes.

2940.1000 WORK RELEASE FOR PRERELEASE PURPOSES.

Subpart 1.

Housing facility.

Inmates on prerelease status shall be housed at the Minnesota Correctional Facility-Lino Lakes. Requests for this status shall be coordinated through the work release director at least 90 days prior to the inmate's release date. These inmates will be housed in facilities appropriate to provide the necessary services.

Subp. 2.

Recommendations reviewed.

The recommendations of the program review teams shall be reviewed by the executive officer for granting prerelease status. The executive officer of hearings and release shall make the decision to grant or deny work release status for placement in the prerelease program.

2940.1100 WORK RELEASE.

Applications for work release must be forwarded to the director of work release for approval. If approved by the director of work release, the application must be considered by the program review team. If approved by the program review team, the recommendation of the program review team must be reviewed by the executive officer of hearings and release for the granting or denial of work release.

2940.1200 REENTRY REVIEWS.

Subpart 1.

Projected release plan.

The institution caseworker and the inmate must complete the projected release plan 105 to 120 days prior to the inmate's established release date. The projected release plan, current case summary, annual progress reviews, and psychological evaluation must be forwarded to the district supervisor or Community Corrections Act contact person of the county in which the offender intends to reside. A copy of that request shall also be forwarded to the district supervisor or Community Corrections Act contact person of the county of commitment.

Subp. 2.

Supervising agent.

The district supervisor or Community Corrections Act contact person shall assign a supervising agent within 90 days of the offender's release. The name and telephone number of the supervising agent assigned must be sent to the institution caseworker as notification of the supervising agent assignment.

Subp. 3.

Plan concurrence.

The supervising agent shall verify the appropriateness of the release plan. If the supervising agent concurs with the plan, the supervising agent must submit a prerelease report within 65 days of the inmate's release date. If the supervising agent does not concur, he or she must call the institution caseworker. The institution caseworker and the supervising agent shall confer to resolve the difference.

Subp. 4.

Review scheduled.

Within 45 to 60 days of the inmate's release date the institution caseworker or parole unit shall schedule the inmate for a review before the program review team. The program review team shall conduct a reentry review and finalize the projected release plan.

Subp. 5.

Bookslip.

The district supervisor shall request the central office records clerk to issue a bookslip. Upon receipt of a copy of the signed conditions of parole or supervised release by the central office records clerk, a bookslip must be issued.

2940.1300 FINAL PLAN RECOMMENDATIONS.

Subpart 1.

Final review.

The final recommendations regarding release plans which have been developed jointly with the supervising agent, the institution caseworker, and forwarded by the program review team shall be reviewed by the executive officer of the hearings and release unit at least 30 days prior to the inmate's established release date. These reviews shall take place at each Minnesota correctional facility as follows:

A.

at least every ten working days at Minnesota Correctional Facility-Stillwater and Minnesota Correctional Facility-St. Cloud; and

B.

at least every 15 working days at Minnesota Correctional Facility-Shakopee, Minnesota Correctional Facility-Oak Park Heights, and Minnesota Correctional Facility-Lino Lakes.

Subp. 2.

Final decision.

The executive officer of hearings and release shall make the final decision regarding the conditions of parole, supervised release, or work release, with the exception of those inmates under life sentences.

2940.1400 NOTICE TO INMATES.

At least 30 days prior to the reentry review, the inmate shall receive written notice of the date and time of the review. The notice shall state the purpose of the review, the material to be covered, and the right to review the files, records, and other documents which will be considered at that time. The notice shall also inform the inmate of the right to submit written documentation and to appear and speak on his or her own behalf during the hearing. All inmates shall be notified, in writing, of any decisions which affect their program plans, conditions of release, or release date which occur as a result of program team reviews or through the disciplinary process.

2940.1500 INMATES WITH INDETERMINATE SENTENCES.

Subpart 1.

Concurrent sentences.

When an inmate is under sentence for a pre-May 1, 1980, offense and a guideline sentence concurrently, and the sentence for the pre-May 1, 1980, offense exceeds the guidelines sentence, release shall be considered under Minnesota Statutes 1983 Supplement, section 243.05.

Subp. 2.

Review of release dates.

Incarcerated inmates with indeterminate sentences governing their release dates which were established prior to July 1, 1982, shall be handled as follows in items A to C.

A.

All release dates established by the Minnesota Corrections Board will be left in full force and effect by the commissioner.

B.

Special reviews for the purpose of modifying release dates established by the Minnesota Corrections Board shall be considered by the executive officer of hearings and release for the following reasons:

(1)

correcting mathematical, data entry, or computational errors; and

(2)

policy changes established by the commissioner which affect the term of imprisonment.

C.

The program review team shall determine if the criteria for a special review have been met. If the criteria have been met, the program review team shall forward the information and a recommendation to the executive officer of hearings and release. The executive officer of hearings and release shall make the final decision regarding the requested adjustment in the release date.

Subp. 3.

Application of guidelines.

Minnesota sentencing guidelines policies and procedures must be utilized in determining the term of imprisonment and projected release date of each inmate with an indeterminate sentence whose new admission review occurs after July 1, 1982.

The criminal history score shall be based on the inmate's status on the date the indeterminate offense occurred.

A.

To be assigned a juvenile point, the offender must have been under 21 years of age at the time of the offense. If so, standard guidelines policies apply.

B.

To be assigned a custody status point, the offender must have been under applicable Minnesota state guidelines policy custody status at the time the indeterminate offense occurred. If so, standard guidelines policies apply.

C.

The only misdemeanor, gross misdemeanor, or felony convictions which shall be utilized to compute the criminal history score shall be those for which the offender had received a stayed or imposed sentence prior to the date on which the indeterminate offense occurred.

The program review team shall complete a Minnesota sentencing guidelines worksheet on such inmates and forward the worksheet to the executive officer of hearings and release for approval. If the program review team recommends departure from the guidelines grid, the written reasons for the departure must accompany the worksheet.

2940.1600 GOOD TIME LOST; EXTENSION OF TERM OF IMPRISONMENT.

All inmates shall be subject to the loss of good time or extension of term of imprisonment for institutional disciplinary infractions as follows in items A to E.

A.

All inmates with indeterminate sentences and established release dates shall have their release date and expiration date extended by one day for each day of good time lost, not to exceed the maximum sentence imposed by the court.

B.

All inmates with indeterminate sentences who have their expiration date as their assigned release date shall have their expiration date extended by one day for each day of good time lost, not to exceed the maximum sentence imposed by the court.

C.

All inmates with guidelines sentences shall have their supervised release date extended by one day for each day of good time lost or disciplinary confinement time added.

D.

All parole violators shall have their release date extended by one day for each day of good time lost.

E.

All violators of supervised release shall have their projected release date extended by one day for each three days of segregation time served.

2940.1700 OFFENDERS ON PAROLE OR SUPERVISED RELEASE STATUS.

Progress reviews shall be completed annually on all offenders on parole or supervised release status by the supervising agent. Unless the expiration date occurs earlier, offenders on parole status shall be considered for discharge when consistent with public safety.

2940.1800 INMATES WITH LIFE SENTENCES.

Subpart 1.

Advisory panel.

The commissioner shall convene an advisory panel of Department of Corrections employees, which shall consist of, but not be limited to, the following:

A.

the deputy commissioner for institutions;

B.

the deputy commissioner for community services;

C.

the superintendent or warden of the institution of the inmate's residence; and

D.

the executive officer of the hearings and release unit.

The commissioner shall serve as the chair of the advisory panel.

Subp. 2.

Duties of panel.

The advisory panel shall review each inmate who is serving a life sentence three years prior to the inmate's parole or supervised release eligibility date in order to establish a projected release date or a future review date. The advisory panel shall assist the commissioner in thoroughly considering the inmate's entire case history, including the facts and circumstances of the offense for which the life sentence is being served; past criminal history, institutional adjustment, program team reports, psychological and psychiatric reports where pertinent; and the results of community investigations.

The program review team of the inmate's residence shall prepare appropriate reports and recommendations as requested by the institution superintendent or warden.

Subp. 3.

Inmate's rights.

The inmate shall be given 60 days notice prior to the date of review; shall be entitled to submit written documentation in support of his or her position; and shall have the choice to be present at the review hearing.

An attorney representing the inmate or an advocate of the inmate's choice shall be allowed at the review hearing.

A representative of the ombudsman's office may be present at the review hearing.

Subp. 4.

Duties of officials.

The commissioner may initiate inquiries and take testimony as authorized by Minnesota Statutes, section 243.05.

The executive officer of hearings and release shall assist the commissioner in interviewing interested parties and prepare a summary of community input for presentation to the advisory panel.

During the deliberative process only members of the advisory panel shall be present unless determined otherwise by the commissioner.

Subp. 5.

Projected release date.

The commissioner shall establish a projected release date for each inmate or continue the case to a future review date. The decision of the commissioner shall be communicated to the inmate in writing within 30 days of the review and shall contain the following:

A.

the factors utilized in arriving at the projected release date or a future review date;

B.

the future review or projected release date; and

C.

actions by the inmate which could cause the projected release or review date to be changed.

The projected release date, once established shall not be modified without a review incorporating the elements of the initial review referred to in subpart 3 with the exception of changes caused by a loss of good time.

2940.1900 OBJECTIVE OF PUBLIC SAFETY.

Conditions of parole or supervised release shall be based on the need for public safety. Surveillance with optional treatment programming shall be utilized when consistent with case planning in order to achieve maximum public safety.

2940.2000 REQUIREMENTS AND PROHIBITIONS OF RELEASE.

Subpart 1.

Compliance.

All offenders on parole or supervised release shall be required to comply with the standard conditions of parole or supervised release in subparts 2 to 10.

Subp. 2.

Report.

Releasees upon leaving the institution shall report immediately at the destination specified by the supervising agent.

Subp. 3.

Inform.

Releasees shall at all times follow the instructions of their supervising agent and keep the supervising agent informed of their residence and activities. Releasees shall advise their supervising agent within 24 hours if they are arrested.

Subp. 4.

Contact.

Releasees shall maintain contact with the supervising agent in the manner prescribed by that supervising agent.

Subp. 5.

Submit reports and respond.

Releasees shall submit reports as required by the supervising agent and shall respond promptly to any communication from their supervising agent.

Subp. 6.

Intoxicants and drugs.

Releasees shall follow the supervising agent's instructions with respect to the use of intoxicants and shall not possess or use narcotics or other drugs, preparations, or substances as defined by Minnesota Statutes, chapter 152, except those prescribed for the releasee by a licensed physician.

Subp. 7.

Firearms.

Releasees shall not purchase or otherwise obtain or have in their possession any type of firearm or dangerous weapon as defined by Minnesota Statutes, section 609.02, subdivision 6.

Subp. 8.

Leaving the state.

Releasees shall not leave the state without the written permission of the supervising agent specifying the terms and conditions under which permission is granted.

Subp. 9.

Subsequent convictions.

Releasees shall not be convicted of any felony, gross misdemeanor, or any misdemeanor punishable by imprisonment as defined in Minnesota Statutes, section 609.02, or of repeated traffic offenses other than parking violations. Acknowledgment in the form of a confession under oath in open court before a judge may be considered a conviction for the purpose of this condition.

Subp. 10.

Probable cause to hold.

A finding of probable cause by a court of competent jurisdiction or grand jury indictment shall be considered grounds to hold a releasee in custody unless and until the releasee is found not guilty.

2940.2100 SPECIAL CONDITIONS OF RELEASE.

Special conditions of release mean any conditions on the release form other than the standard conditions, setting forth individual specified requirements to be followed by a releasee. These special conditions include:

A.

special conditions which set forth limits regarding contact with specified persons, travel from or to specified locations or areas, or increased contact with the supervising agent beyond that which is considered standard;

B.

participation conditions which require the releasee to be involved in nonresidential therapy or counseling programs; and

C.

residential conditions which require the releasee to be involved in a residential program.

2940.2200 DEVELOPMENT OF SPECIAL CONDITIONS OF RELEASE.

Special conditions of parole or supervised release shall be developed jointly by the program review team and the supervising agent.

2940.2300 APPROVAL OF CONDITIONS OF RELEASE.

All conditions of parole or supervised release shall be subject to the approval of the executive officer of hearings and release.

2940.2400 PLACEMENT IN RESIDENTIAL COMMUNITY PROGRAM.

If placement in a residential community program is prescribed as a special condition of supervised release, failure to enter and complete such a program is grounds for revocation of release. If no community program is available at the time of release, the matter shall be referred to the executive officer of the hearings and release unit for approval of an alternative program or plan.

2940.2500 NOTICE OF CONDITIONS OF RELEASE.

At the time of release from a correctional facility each inmate shall have read to him or her the conditions of parole or supervised release, and the inmate shall sign the conditions of parole or supervised release. The inmate's signature shall be witnessed by the staff member who read the conditions of parole or supervised release to the inmate.

2940.2600 COOPERATION OF INMATE REQUIRED.

Refusal to cooperate in determining place of residence, employment plans, or conditions of release shall result in an extension of the inmate's term of imprisonment through the institutional disciplinary process. Inmates serving indeterminate sentences will not be allowed to leave the institution without an approved release plan.

2940.2700 RESTRUCTURE OF CONDITIONS OF PAROLE OR SUPERVISED RELEASE.

Subpart 1.

Request by offender.

Offenders on parole or supervised release may at any time during their term of release request that the standard or special conditions of release be modified. Their request must be made in writing through their supervising agent who shall submit the request and the supervising agent's recommendation to the hearings and release unit within ten days of its receipt. The executive officer of hearings and release shall review the request and respond in writing within 30 days of the receipt of the request for the modification of the standard or special conditions of release.

Subp. 2.

Request by supervising agent.

Supervising agents, after consultation with their supervisor, may request a restructure of a client's standard or special conditions of release.

Subp. 3.

Granting of modification.

The executive officer of hearings and release may authorize the supervising agent to modify the standard or special conditions of release or cause the releasee to be brought before the executive officer of hearings and release for a review of the matter of modification. Any modification of the standard or special conditions of release shall be in writing and executed with the same formality as the original conditions.

2940.2800 WORK RELEASE STATUS.

Subpart 1.

Participation.

Participation in the work release program is voluntary on the part of the inmate. Consideration for work release status shall be given to those offenders who have met the Department of Corrections eligibility requirements, have been accepted by the director of work release and recommended by the program review team. The executive officer of hearings and release shall make the decision for the granting or denial of work release.

Subp. 2.

Violations; revocations.

All violations of work release rules shall be handled according to the approved discipline plan. Revocation of work release status shall be the decision of the executive officer of hearings and release after an appropriate due process hearing.

2940.2900 WORK RELEASE FOR PRERELEASE PURPOSES.

Subpart 1.

Participation.

Participation in the prerelease program is voluntary on the part of the inmate. The procedure for granting work release for placement in the prerelease program shall be for the program review team to make the referral to the executive officer of the hearings and release unit. The executive officer of the hearings and release unit shall make the final decision regarding the granting of work release status for placement in the prerelease program.

Subp. 2.

Violations.

Violations of work release or prerelease shall be handled through the institutional disciplinary process.

2940.3000 GROUNDS FOR WARRANTS.

Warrants may be issued for the apprehension and detention of parolees, supervised releasees, and work releasees who are:

A.

alleged to have violated the conditions of their release;

B.

convicted of a new felony and who represent a risk either by absconding or who have a probability of committing acts which are dangerous to the community; or

C.

the subject of detainers in appropriate cases.

When warrants have been issued as detainers for releasees who are being prosecuted for new charges, including violations which are misdemeanors, gross misdemeanors, or felonies, the revocation process shall not begin until the court process has concluded. The court process will be considered concluded by dismissal of charges, a finding of not guilty, or the completion of any local incarceration time imposed by the court.

2940.3100 WARRANTS; FORMAL RECOMMENDATION REQUIREMENT.

At any time the releasee is prepared to make bail or has been sentenced by the court, the supervising agent shall submit a written formal recommendation to the executive officer of hearings and release regarding whether to:

A.

maintain the warrant or allow the releasee to make bail; or

B.

cancel the warrant and allow the local sentence imposed to satisfy the violation time. If this is done, a notice of release will be filed by the fugitive unit which provides that the supervising agent be notified 30 or 60 days prior to release.

2940.3200 ISSUANCE OF WARRANTS.

The executive officer of hearings and release shall have the authority to issue nationwide or statewide warrants on a case-by-case basis in accordance with the procedures in items A to D.

A.

After consultation with his or her supervisor, the supervising agent shall submit a violation report to the executive officer of hearings and release who shall make the final decision regarding the issuance of a warrant.

B.

In emergency situations, the supervising agent shall request authorization for the warrant by telephone. The supervising agent shall call the hearings and release unit and provide the necessary information for warrant authorization.

C.

Upon approval of the emergency warrant, the hearings and release unit shall provide the fugitive unit with the necessary information, and instruct the fugitive unit to issue the warrant.

D.

If an emergency warrant is issued, a written violation report must be received by the hearings and release unit within five working days.

2940.3300 OTHER ORDERS.

The executive officer of hearings and release shall have the authority to issue orders revoking parole, supervised release, or work release; to stop the time from running on the sentences of releasees who have absconded, and to start the running of the time on the inmate's sentence.

2940.3400 HOLD ORDERS.

Apprehension and detention orders may be issued by the executive officer of the hearings and release unit or a district supervisor upon written reasons submitted by a supervising agent under authority of Minnesota Statutes, section 243.05. No releasee shall be detained under an apprehension and detention order for more than 72 hours unless revocation proceedings have been initiated by the supervising agent.

2940.3500 REVOCATION HEARING.

Subpart 1.

Location.

Revocation hearings whenever possible must be held in the community where the conviction of the violation of a standard or condition occurred. Separate probable cause hearings may be held if circumstances warrant.

Subp. 2.

When held.

All revocation or separate probable cause hearings must be held within 12 working days of the releasee's availability to Department of Corrections.

Subp. 3.

Outside metropolitan area.

Outside the metropolitan area, as defined by Minnesota Statutes, section 473.121, revocation or separate probable cause hearings shall be conducted by a Department of Corrections district supervisor other than the supervising agent's supervisor. In cases of special need, the executive officer of hearings and release may conduct the revocation or separate probable cause hearings outside the metropolitan area.

Subp. 4.

Within metropolitan area.

Within the metropolitan area the hearings shall be conducted by the executive officer of hearings and release.

2940.3600 REVOCATION GROUNDS.

Grounds for the revocation of parole, work release, or supervised release are as follows in items A to C.

A.

Conviction of a felony, gross misdemeanor, any misdemeanor punishable by imprisonment as defined in Minnesota Statutes, section 609.02, or repeated traffic offenses other than parking violations. Acknowledgment in the form of a confession under oath in open court before a judge may be considered a conviction for the purpose of revocation.

B.

A finding of probable cause by a court of competent jurisdiction or a grand jury indictment shall be considered grounds to hold the offender in custody unless and until the releasee is found not guilty.

C.

Violation of any standard or special condition of parole or supervised release.

2940.3700 ACTIONS.

If the executive officer of hearings and release or a district supervisor finds that releasees are in violation of their parole, work release, or supervised release, the following actions may be taken:

A.

counsel the releasee and continue parole, work release, supervised release without modification;

B.

modify and enlarge the conditions of release; or

C.

revoke parole, work release, or supervised release and return the releasee to imprisonment for an appropriate period of time not to exceed the time remaining on the releasee's sentence.

2940.3800 REIMPRISONMENT.

Offenders who have violated the conditions of parole or supervised release and who have been returned to institutional status shall be assigned a release date and a term of reimprisonment, as follows:

A.

up to six months inclusive of any time spent in jail in connection with the violation, for violations of conditions of parole or supervised release other than convictions of or involvement in criminal activity;

B.

up to six months for convictions of misdemeanors or gross misdemeanors;

C.

six months to expiration of sentence for conviction of a felony; and

D.

depending on the time remaining to be served on the sentence, the type of violation, and the needs of the offender, up to expiration of the sentence may be assigned as the term of reimprisonment if there is a finding of risk to the public or if repeated violations of the conditions of release occur and the releasee is determined to be unamenable to supervision by the executive officer of hearings and release.

The term of reimprisonment under items A to C may be either concurrent or consecutive to incarceration time imposed by a court of law and served locally.

2940.3900 REVOCATION PROCEDURES; INVESTIGATION AND REPORT.

Supervising agents shall investigate all alleged violations of release and after consultation with their supervisor determine whether grounds exist to begin revocation procedures. If grounds are found to exist justifying the initiation of revocation procedures, a violation report must be submitted to the executive officer of hearings and release together with a recommendation as to the issuance of a warrant directing the apprehension and detention of the releasee pending a hearing.

2940.4000 EMERGENCY SITUATIONS.

In emergency situations supervising agents after consultation with their supervisor, may call the hearings and release unit to request an emergency warrant. The procedure indicated in parts 2940.3000 to 2940.3400 governs the issuance of emergency warrants.

2940.4100 INITIATION OF REVOCATION PROCEEDINGS.

If the executive officer of the hearings and release unit determines that revocation proceedings shall be initiated, the supervising agent shall be notified in writing. The executive officer of the hearings and release unit shall send a copy of the violation report to the State Public Defender's Office at the same time that agent is notified to begin revocation proceedings.

2940.4200 DUTIES OF SUPERVISING AGENT.

Upon receipt of the notice to begin revocation proceedings, the supervising agent shall have the duties in items A to F.

A.

The agent shall give the releasee a copy of the violation report.

B.

The supervising agent shall advise the releasee of the purpose of the hearing; the right to a hearing; the right to the assistance of counsel of choice or the services of the State Public Defender; the right to present evidence and to confront and cross-examine witnesses; and the right to admit the violations of release.

C.

If the releasee signs the admission of violations form, the supervising agent shall notify the fugitive unit to transport the violator to a correctional facility designated by the commissioner.

D.

Upon return to the correctional facility, the releasee shall be provided with a dispositional hearing within 15 working days at which the supervising agent is not required to be present.

E.

If the releasee requests a revocation hearing, the supervising agent shall call the hearings and release unit to coordinate a date and time for the hearing.

F.

Upon receiving the date and time for the hearing, the supervising agent shall prepare a notice of hearing form, make six copies of the rules of release, six copies of any written evidence, and distribute one set of each according to the distribution indicated on the notice of revocation hearing form.

If the releasee is in custody pursuant to a warrant issued by the hearings and release unit, the hearing shall be held within 15 working days immediately after detention, unless good cause is shown for a continuance. At the time notice is given to the releasee, notice shall be sent to the State Public Defender or private counsel.

2940.4300 REVOCATION HEARING.

The revocation hearing shall be held near the site of the alleged violation, and conducted by the executive officer of hearings and release or a district supervisor who does not directly supervise the supervising agent alleging the violation. If parole, supervised release, or work release is revoked, the releasee shall be imprisoned in a place determined by the commissioner. Releasees may admit the alleged violations any time prior to the hearing. The admission must be in writing, and releasees must have been notified of the consequences of their admission, including that they may be returned to a correctional facility for a term of imprisonment specified by the executive officer of hearings and release or a district supervisor.

2940.4400 WARRANTS.

Subpart 1.

General requirement.

Unless taken into custody by a supervising agent under the authority of Minnesota Statutes 1983 Supplement, section 243.05, a releasee shall not be taken into custody unless a warrant is issued by the executive officer of hearings and release.

Subp. 2.

Content.

Requests for hold orders or warrants must allege the specific facts upon which the alleged violation is based, indicate the sources of information, and cite reasons why detention pending the hearing is necessary.

Subp. 3.

Absconding from supervision.

Warrants may be issued in all cases where a releasee has absconded from supervision. Issuance of warrant under these circumstances and the revocation of parole, supervised release, or work release shall stop the time from running on the sentence until the releasee is returned to custody. In all cases where a releasee is returned from out of state, whether by extradition proceedings or waiver of extradition, the hearing shall be held at a location determined by the executive officer of hearings and release.

2940.4500 FAILURE TO APPEAR.

Failure of a releasee to appear at a revocation or probable cause hearing after having been duly notified will result in the issuance of a warrant for their apprehension and detention and return to custody pending a hearing at a place to be determined by the executive officer of hearings and release.

2940.5700 REQUEST FOR INTERSTATE SUPERVISION OF MINNESOTA RELEASEE.

Subpart 1.

Request for transfer.

Transfer requests for interstate supervision of a Minnesota releasee must be submitted to the deputy compact administrator, in the central office, at least 60 days but not more than 90 days prior to the established release date. The request shall be submitted on correction form 245, and must include in specific terms the placement offer and employment, as well as the institution caseworker's evaluation and recommendation.

Subp. 2.

Material to be submitted.

The following material shall be submitted to the compact administrator:

A.

three copies of the transfer request correction form 245 (interstate transfer request);

B.

three copies of correction form 312 (application for compact services);

C.

three copies of correction form 248 (agreement to return form) signed, dated, and witnessed; and

D.

three copies of case management progress reports, fingerprints, and photos.

On cases already under field services supervision the deputy compact administrator will request the photos, fingerprints, and progress reports from the releasing institution.