HF 4770

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 02:15pm

A bill for an act
relating to public safety; providing that undocumented noncitizens are ineligible
for early release from incarceration; providing that undocumented noncitizens are
ineligible for prosecutor-initiated sentence adjustments; amending Minnesota
Statutes 2023 Supplement, section 609.133, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 244.

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

Section 1.

new text begin [244.52] EARLY RELEASE FOR UNDOCUMENTED OFFENDERS
PROHIBITED.
new text end

new text begin (a) As used in this section the following terms have the meanings given:
new text end

new text begin (1) "term of imprisonment" has the meaning given in section 244.01, subdivision 8; and
new text end

new text begin (2) "undocumented offender" means an undocumented noncitizen who resides in the
United States without the approval or acquiescence of the United States Citizenship and
Immigration Services who has been committed to the custody of the commissioner of
corrections.
new text end

new text begin (b) Notwithstanding any law to the contrary, an undocumented offender is not eligible
for early supervised release, conditional medical or epidemic release, the challenge
incarceration program, earned incentive release credit, or any other program or credit that
would reduce the undocumented offender's term of imprisonment.
new text end

new text begin (c) The commissioner must not release an undocumented offender from incarceration
until the inmate has completed 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.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2023 Supplement, section 609.133, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Undocumented offenders; ineligible for sentence adjustment. new text end

new text begin An
undocumented noncitizen who resides in the United States without the approval or
acquiescence of the United States Citizenship and Immigration Services is ineligible for
sentence adjustment under this section.
new text end

new text begin EFFECTIVE DATE. new text end

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