HF 3435

as introduced - 90th Legislature (2017 - 2018) Posted on 03/28/2018 01:45pm

A bill for an act
relating to juvenile justice; providing for juvenile sentencing; amending Minnesota
Statutes 2016, sections 244.05, subdivisions 4, 5; 609.106, subdivision 2, by adding
a subdivision; 609.3455, subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 244.05, subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

(a) An inmate serving a mandatory
life sentence under section 609.106 new text begin , subdivision 2, new text end or 609.3455, subdivision 2, new text begin paragraph
(a), new text end must not be given supervised release under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, clause (3), (5),
or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given
supervised release under this section without having served a minimum term of 30 years.

(c) An inmate serving a mandatory life sentence under section 609.385 must not be given
supervised release under this section without having served a minimum term of imprisonment
of 17 years.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3
or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.

new text begin (e) An inmate serving a mandatory life sentence under section 609.106, subdivision 3,
or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under this
section without having served a minimum term of imprisonment of 30 years.
new text end

Sec. 2.

Minnesota Statutes 2016, section 244.05, subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The commissioner of corrections may,
under rules promulgated by the commissioner, give supervised release to an inmate serving
a mandatory life sentence under section 609.185, paragraph (a), clause (3), (5), or (6);
new text begin 609.106, subdivision 3; new text end 609.3455, subdivision new text begin 2, paragraph (c), new text end 3 new text begin , new text end or 4; 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.

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

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

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

(1) while in prison:

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

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

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

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

(e) As used in this subdivision, "victim" means the individual who suffered harm as a
result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse
or next of kin.

Sec. 3.

Minnesota Statutes 2016, section 609.106, subdivision 2, is amended to read:

Subd. 2.

Life without release.

new text begin Except as provided in subdivision 3, new text end the court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:

(1) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (1), (2), (4), or (7);

(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, paragraph (a), clause (3); or

(3) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (3), (5), or (6), and the court determines on the record at the time of sentencing that
the person has one or more previous convictions for a heinous crime.

Sec. 4.

Minnesota Statutes 2016, section 609.106, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Offender under age 18; life imprisonment with possibility of release. new text end

new text begin If the
defendant was under 18 years of age at the time of the commission of an offense that would
require a life without release sentence under subdivision 2, and the child has been certified
under section 260B.125 or designated an extended jurisdiction juvenile under section
260B.130, the court shall sentence the defendant to imprisonment for life.
new text end

Sec. 5.

Minnesota Statutes 2016, section 609.3455, subdivision 2, is amended to read:

Subd. 2.

Mandatory life sentence without release; egregious first-time and repeat
offenders.

(a) new text begin Except as provided in paragraph (c), new text end notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person convicted
under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or 609.343,
subdivision 1, paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, or 609.344, and the fact finder determines that a heinous element exists for the
present offense.

(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.

new text begin (c) If the defendant was under 18 years of age at the time of the commission of an offense
that would require a life without release sentence under paragraph (a), and the child has
been certified under section 260B.125 or designated an extended jurisdiction juvenile under
section 260B.130, the court shall sentence the defendant to imprisonment for life.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment and apply to offenders
sentenced on or after that date, and also retroactively to offenders sentenced to life without
release before that date.
new text end