HF 3833

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 05:56pm

A bill for an act
relating to corrections; expanding exclusions to earned incentive release credit;
amending Minnesota Statutes 2023 Supplement, section 244.45.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 244.45, is amended to read:

244.45 INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.

deleted text begin The following individuals are ineligible for earned incentive release credit:
deleted text end

deleted text begin (1) those serving life sentences;
deleted text end

deleted text begin (2) those given indeterminate sentences for crimes committed on or before April 30,
1980; or
deleted text end

deleted text begin (3) those subject to good time under section 244.04 or similar laws.
deleted text end

new text begin (a) A person committed to the commissioner for any of the following offenses shall be
ineligible for earned incentive release credit under sections 244.42 to 244.44:
new text end

new text begin (1) section 609.185, murder in the first degree, or 609.19, murder in the second degree;
new text end

new text begin (2) section 609.195, murder in the third degree, or 609.221, assault in the first degree;
new text end

new text begin (3) section 609.342, criminal sexual conduct in the first degree, 609.343, criminal sexual
conduct in the second degree, or 609.344, criminal sexual conduct in the third degree, if the
offense was committed with force or violence;
new text end

new text begin (4) section 609.3455, subdivision 5, dangerous sex offenders, where the court shall
specify a minimum term of imprisonment, based on the Sentencing Guidelines or any
applicable mandatory minimum sentence, that must be served before the offender may be
considered for supervised release;
new text end

new text begin (5) section 609.229, subdivision 4, paragraph (b), crimes committed for the benefit of
a gang where any person convicted and sentenced as required by section 609.229, subdivision
4, paragraph (a), is not eligible for probation, parole, discharge, work release, or supervised
release until that person has served the full term of imprisonment as provided by law;
new text end

new text begin (6) section 152.026 where a person with a mandatory minimum sentence imposed for
a first or second degree controlled substance crime is not eligible for probation, parole,
discharge, or supervised release until that person has served the full term of imprisonment
as provided by law;
new text end

new text begin (7) a person who was convicted in any other jurisdiction of a crime and the person's
supervision was transferred to this state;
new text end

new text begin (8) section 243.166, subdivision 5, paragraph (e), predatory offender registration;
new text end

new text begin (9) section 609.11, subdivision 6, use of firearm or dangerous weapon during the
commission of certain offenses;
new text end

new text begin (10) section 609.221, subdivision 5, paragraph (b), use of deadly force against a peace
officer, prosecutor, judge, or correctional employee;
new text end

new text begin (11) section 609.2231, subdivision 3a, paragraph (d), assault against secure treatment
personnel; and
new text end

new text begin (12) a person subject to a conditional release term under section 609.3455, subdivisions
6 and 7, whether on the present offense or previous offense for which a term of conditional
release remains.
new text end

new text begin (b) Persons serving life sentences; persons given indeterminate sentences for crimes
committed on or before April 30, 1980; or persons subject to good time under section 244.04
or similar laws, are ineligible for earned incentive release credit.
new text end