HF 5134

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 02:31pm

A bill for an act
relating to public safety; limiting supervision of parolees to five years; modifying
the grounds for early discharge from parole and the certificate of final discharge;
modifying the qualifications for the Supervised Release Board members; limiting
reappointment of members to the Supervised Release Board; making certain inmates
eligible for earned release credits; modifying the considerations for granting parole
or supervised release; modifying the standards for granting medical release;
establishing the Medical Release Review Board; eliminating life sentences;
amending Minnesota Statutes 2022, section 244.05, by adding a subdivision;
Minnesota Statutes 2023 Supplement, sections 243.05, subdivision 3; 244.049,
subdivisions 1, 2, 3; 244.05, subdivisions 4, 5, 8; repealing Minnesota Statutes
2023 Supplement, sections 244.45; 244.46, subdivision 4; 609.106, subdivision
2; 609.3455, subdivision 2.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 243.05, subdivision 3, is amended
to read:

Subd. 3.

Duty of board; final discharge.

It is the duty of the Supervised Release Board
to keep in communication, as far as possible, with all persons who are on parole and with
their employers. The board may grant a person on parole a final discharge from any sentence
new text begin within five years of release, and may do so earlier new text end when:

(1) the person on parole has complied with the conditions of parole for deleted text begin a period of time deleted text end
new text begin three years in a manner new text end sufficient to satisfy the board that the parolee is reliable and
trustworthy; new text begin and
new text end

(2) the board is satisfied the person on parole will remain at liberty without violating
the law deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) final discharge is not incompatible with the welfare of society.
deleted text end

Upon the granting of a final discharge, the board shall issue a certificate of final discharge
to the person discharged and also cause a record of the acts of the inmate to be made. The
record shall show the date of the inmate's confinement, deleted text begin the inmate's record while in prison, deleted text end
the date of parole, deleted text begin the inmate's record while on parole, reasons underlying the decision for
final discharge, deleted text end and other facts which the board regards as appropriate. Nothing in this
section or section 244.05 shall be construed as impairing the power of the board of pardons
to grant a pardon or commutation in any case.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 244.049, subdivision 1, is amended
to read:

Subdivision 1.

Establishment; membership.

(a) The Supervised Release Board is
established to review eligible cases and make release and final discharge decisions for:

(1) inmates serving life sentences with the possibility of parole or supervised release
under sections 243.05, subdivision 1, and 244.05, subdivision 5;

(2) inmates serving indeterminate sentences for crimes committed on or before April
30, 1980; and

(3) inmates eligible for early supervised release under section 244.05, subdivision 4a.

(b) Beginning July 1, 2024, the authority to grant discretionary release and final discharge
previously vested in the commissioner under sections 243.05, subdivisions 1, paragraph
(a), and 3; 244.08; and 609.12 is transferred to the board.

(c) The board consists of the following members:

(1) four individuals appointed by the governor who meet at least one of the following
qualifications:

(i) a degree from an accredited law school or a bachelor's, master's, or doctorate degree
in criminology, corrections, new text begin psychology, sociology, new text end social work, or a related social science;

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

(iii) demonstrated knowledge of victim issues and correctional processes;

(2) two individuals appointed by the governor with an academic degree in neurology,
psychology, or a comparable field and who have expertise in the neurological development
of juveniles; and

(3) the commissioner, who serves as chair.

(d) The majority leader of the senate, minority leader of the senate, speaker of the house,
and minority leader of the house shall each recommend two candidates for appointment to
the positions described in paragraph (c), clause (1).

Sec. 3.

Minnesota Statutes 2023 Supplement, section 244.049, subdivision 2, is amended
to read:

Subd. 2.

Terms; compensation.

(a) Appointed board members serve four-year staggered
terms, but the terms of the initial members are as follows:

(1) three members must be appointed for terms that expire January 1, 2026; and

(2) three members must be appointed for terms that expire January 1, 2028.

(b) An appointed member is eligible for reappointment new text begin for an additional two-year term
new text end and a vacancy must be filled according to subdivision 1.

(c) For appointed members, compensation and removal are as provided in section 15.0575,
but the compensation rate is $250 a day or part of the day spent on board activities.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 244.049, subdivision 3, is amended
to read:

Subd. 3.

Quorum; compensation; administrative duties.

(a) To make release and final
discharge decisions for eligible cases described in subdivision 1, paragraph (a), clause (1),
when the inmate was 18 years of age or older at the time of the commission of the offense,
and clause (2), the board must comprise a majority of the five members identified in
subdivision 1, paragraph (c), clauses (1) and (3). The members described in subdivision 1,
paragraph (c), clause (2), are ineligible to vote on those cases.

(b) To make release and final discharge decisions for eligible cases described in
subdivision 1, paragraph (a), clause (1), when the inmate was under 18 years of age at the
time of the commission of the offense, and clause (3), the board must comprise a majority
of all seven members and include at least one member identified in subdivision 1, paragraph
(c), clause (2).

(c) An appointed board member must visit at least one state correctional facility every
deleted text begin 12 deleted text end new text begin six new text end months new text begin and have meaningful interaction with the inmate population. An appointed
board member must not visit the same facility two or more times in succession new text end .

(d) The commissioner must provide the board with personnel, supplies, equipment,
office space, and other administrative services necessary and incident to fulfilling the board's
functions.

Sec. 5.

Minnesota Statutes 2023 Supplement, 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, subdivision 2, or 609.3455, subdivision 2, paragraph
(a), must not be given supervised release under this section.

(b) Except as provided in paragraph (f), an inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6), or section 609.2661, clause (3);
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 new text begin , minus release
credits earned under section 244.40 new text end .

(c) Except as provided in paragraph (f), 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 , minus release credits
earned under section 244.40 new text end .

(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 specified in subdivision
4b.

(f) An inmate serving a mandatory life sentence for a crime described in paragraph (b)
or (c) who was under 18 years of age at the time of the commission of the offense must not
be given supervised release under this section without having served a minimum term of
imprisonment specified in subdivision 4b.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 244.05, subdivision 5, is amended
to read:

Subd. 5.

Supervised release, life and indeterminate sentences.

(a) The board deleted text begin may deleted text end new text begin
must new text end , under rules adopted by the commissioner, grant supervised release or parole deleted text begin as follows deleted text end new text begin
unless the board determines there is substantial evidence of the current dangerousness of
the inmate such that releasing the inmate would pose a significant risk to public safety new text end :

(1) to an inmate serving a mandatory life sentence after the inmate has served the
minimum term of imprisonment specified in subdivision 4 or section 243.05, subdivision
1, paragraph (a);

(2) at any time for an inmate serving a nonlife indeterminate sentence for a crime
committed on or before April 30, 1980; or

(3) to an inmate eligible for early supervised release under subdivision 4a after the inmate
has served the minimum term of imprisonment.

(b) For cases involving multiple sentences, the board must grant or deny supervised
release as follows:

(1) if an inmate is serving multiple sentences that are concurrent to one another, the
board must grant or deny supervised release on all unexpired sentences; and

(2) notwithstanding any other law to the contrary, if an inmate who was under the age
of 18 at the time of the commission of the relevant offenses and has served the minimum
term of imprisonment specified in subdivision 4b is serving multiple sentences that are
consecutive to one another, the board may grant or deny supervised release on one or more
sentences.

(c) No less than three years before an inmate has served the applicable minimum term
of imprisonment, the board must assess the inmate's status and make programming
recommendations relevant to the inmate's release review. The commissioner must ensure
that any board programming recommendations are followed and implemented.

(d) The board must conduct a supervised release review hearing as soon as practicable
before an inmate has served the applicable minimum term of imprisonment.

(e) The board shall require the preparation of a community investigation report. The
report shall:

(1) reflect the deleted text begin sentiment of the various elements deleted text end new text begin concerns new text end of the community deleted text begin toward the
inmate, both at the time of the offense and at the present time deleted text end new text begin into which the inmate will be
released new text end ; new text begin and
new text end

deleted text begin (2) 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; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end include the views of the victim and the victim's family unless the victim or the
victim's family chooses not to participate.

(f) The board shall require the preparation of a development report when making a
supervised release decision regarding an inmate who was under 18 years of age at the time
of the commission of the offense. The report must be prepared by a mental health professional
qualified to provide services to a client under section 245I.04, subdivision 2, clause (1) to
(4) or (6), and must address the inmate's cognitive, emotional, and social maturity. The
board may use a previous report that was prepared within 12 months immediately preceding
the hearing.

(g) The board shall make reasonable efforts to notify the victim new text begin and community
representatives new text end , in advance, of the time and place of the inmate's release review hearing new text begin and
help provide access to support services, as needed new text end . The victim deleted text begin has deleted text end new text begin and community
representatives have new text end a right to deleted text begin 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 deleted text end new text begin input into any directives or prerelease conditions the board may give the inmate new text end . new text begin
These may include any of the following:
new text end

new text begin (1) requiring an apology or accountability statement from the inmate;
new text end

new text begin (2) submitting a statement summarizing the harm suffered by the victim, the community,
or both as a result of the crime. This statement may be read to the inmate as part of the
review;
new text end

new text begin (3) requesting a victim-offender dialogue with the inmate;
new text end

new text begin (4) requesting a transition circle with the inmate prior to release to discuss fears and
amends with the community;
new text end

new text begin (5) submitting written questions to the inmate regarding the crime;
new text end

new text begin (6) requesting a protective order for the victim;
new text end

new text begin (7) requesting specific programming available within the Department of Corrections for
the inmate, such as anger management classes, domestic abuse classes, or attending substance
abuse support groups;
new text end

new text begin (8) requesting the inmate perform a set amount of community service once released as
a way to honor the victim and community; or
new text end

new text begin (9) other individualized criteria aimed at repairing the harm caused by the inmate's
actions.
new text end

(h) The board shall permit a prosecutor from the office that prosecuted the case to submit
a written statement in advance of the review hearing.

(i) When considering whether to grant supervised release or parole to an inmate serving
a life sentence or indeterminate sentence, the board shall consider, at a minimum, the
following:

(1) the report prepared pursuant to paragraph (e);

(2) the report prepared pursuant to paragraph (f), if applicable;

(3) a victim statement under paragraph (g), if submitted;

(4) the statement of a prosecutor under paragraph (h), if submitted;

(5) the risk the inmate poses to the community if released new text begin as indicated by the inmate's
score on a validated statistical tool to assess such risk new text end ;

(6) the inmate's progress in treatment, if applicable;

(7) the inmate's behavior while incarcerated;

(8) psychological or other diagnostic evaluations of the inmate new text begin that directly relate to the
current dangerousness of the inmate new text end ;

(9) information on the inmate's rehabilitation while incarcerated;

(10) deleted text begin the inmate's criminal history deleted text end new text begin community and victim concerns as detailed in paragraph
(e) new text end ;

(11) if the inmate was under 18 years of age at the time of the commission of the offense,
relevant science on the neurological development of juveniles and information on the inmate's
maturity and development while incarcerated; and

(12) any other relevant conduct of the inmate while incarcerated or before incarceration new text begin
that is relevant to the inmate's current dangerousness if released new text end .

(j) The board may not grant supervised release or parole to an inmate unless:

(1) while in prison:

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

(ii) the inmate has been assessed for substance use disorder needs and, if appropriate,
has successfully completed substance use disorder 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:

(i) ensures that, after release, the inmate will have suitable housing and receive appropriate
aftercare and community-based treatment; and

(ii) includes a postprison employment or education plan for the inmate.

(k) Supervised release or parole must be granted with a majority vote of the quorum
required under section 244.049, subdivision 3. If there is a tie vote, supervised release or
parole is granted only if the commissioner votes in favor of granting supervised release or
parole.

(l) Within 30 days after a supervised release review hearing, the board must issue a
decision on granting release, including an explanation for the decision. If an inmate is serving
multiple sentences that are concurrent to one another, the board must grant or deny supervised
release on all sentences.

(m) If the board does not grant supervised release, the explanation of that decision must
identify specific steps that the inmate can take to increase the likelihood that release will
be granted at a future hearing. new text begin These steps must guide the inmate toward addressing the
reasons release was denied and must be reasonably achievable. The board must include
directives suggested by the victim, the community, or both, as detailed in paragraph (e),
that it determines are reasonable. If the inmate completes the directives by the next review,
the board must grant the inmate supervised release or parole unless the board finds substantial
evidence of a new concern about the current dangerousness of the inmate that could not
reasonably have been known at the last review.
new text end

(n) When granting supervised release new text begin or parole new text end under this subdivision, the board must
set prerelease conditions to be followed by the inmate, if time permits, before their actual
release or before constructive parole becomes effective. new text begin These conditions must include
those conditions requested by the victim or community that the board deems reasonable. new text end If
the inmate violates any of the prerelease conditions, the commissioner may rescind the grant
of supervised release without a hearing at any time before the inmate's release or before
constructive parole becomes effective. A grant of constructive parole becomes effective
once the inmate begins serving the consecutive sentence.

(o) If the commissioner rescinds a grant of supervised release or parole, the board:

(1) must set a release review date that occurs within 90 days of the commissioner's
rescission; and

(2) by majority vote, may set a new supervised release date or set another review date.

(p) If the commissioner revokes supervised release or parole for an inmate serving a life
sentence, the revocation is not subject to the limitations under section 244.30 and the board:

(1) must set a release review date that occurs within one year of the commissioner's final
revocation decision; and

(2) by majority vote, may set a new supervised release date or set another review date.

(q) The board may, by a majority vote, grant a person on supervised release or parole
for a life or indeterminate sentence a final discharge from their sentence in accordance with
section 243.05, subdivision 3. In no case, however, may a person subject to a mandatory
lifetime conditional release term under section 609.3455, subdivision 7, be discharged from
that term.

(r) For purposes of this subdivision:

(1) "board" means the Indeterminate Sentence Release Board under section 244.049;

(2) "constructive parole" means the status of an inmate who has been paroled from an
indeterminate sentence to begin serving a consecutive sentence in prison; and

(3) "victim" has the meaning given in section 611A.01, paragraph (b).

Sec. 7.

Minnesota Statutes 2023 Supplement, section 244.05, subdivision 8, is amended
to read:

Subd. 8.

Conditional medical and epidemic release.

(a) Notwithstanding subdivisions
4 and 5, the deleted text begin commissioner may deleted text end new text begin Medical Release Review Board shall new text end order that an inmate
be placed on conditional medical release before their scheduled supervised release date or
target release date if:

(1) the inmate suffers from a grave illness or medical condition; and

(2) the release poses no threat to the public.

(b) If there is an epidemic of any potentially fatal infectious or contagious disease in the
community or in a state correctional facility, the commissioner may also release an inmate
to home confinement before the inmate's scheduled supervised release date or target release
date if:

(1) the inmate has a medical condition or state of health that would make the inmate
particularly vulnerable to the disease; and

(2) release to home confinement poses no threat to the public.

(c) deleted text begin When deciding whether deleted text end new text begin In making a decision new text end to release an inmate deleted text begin according to this
subdivision deleted text end new text begin on this status new text end , the deleted text begin commissioner deleted text end new text begin board new text end must consider:

(1) the inmate's age and medical condition, health care needs, and custody classification
and level of risk of violence;

(2) the appropriate level of community supervision; and

(3) alternative placements that may be available for the inmate.

(d) An inmate may not be released under this subdivision unless the deleted text begin commissioner deleted text end new text begin board new text end
has determined that the inmate's health costs are likely to be borne by:

(1) the inmate; or

(2) medical assistance, Medicaid, veteran's benefits, or any other federal or state medical
assistance programs.

(e) new text begin Conditional medical release is governed by provisions relating to supervised release
except that it may be rescinded by new text end the commissioner deleted text begin may rescind conditional medical release
without deleted text end new text begin via new text end a hearing if the deleted text begin commissioner considers that the inmate's medical condition has
improved to the extent that: deleted text end new text begin conditional medical release presents a demonstrably significant
risk to the public.
new text end

deleted text begin (1) the illness or condition is no longer grave or can be managed by correctional health
care options; or
deleted text end

deleted text begin (2) the epidemic that precipitated release has subsided or effective vaccines or other
treatments have become available.
deleted text end

deleted text begin (f) Release under this subdivision may also be revoked in accordance with subdivisions
2 and 3 if the inmate violates any conditions of release imposed by the commissioner.
deleted text end

Sec. 8.

Minnesota Statutes 2022, section 244.05, is amended by adding a subdivision to
read:

new text begin Subd. 8a. new text end

new text begin Medical Release Review Board; applications. new text end

new text begin (a) The Medical Release
Review Board must consist of the following members:
new text end

new text begin (1) a medical health professional, nominated by the University of Minnesota Medical
School;
new text end

new text begin (2) a mental health professional nominated by a community-based mental health provider;
new text end

new text begin (3) a reentry specialist, nominated by formerly incarcerated members of the Minnesota
Transitions Coalition;
new text end

new text begin (4) a nursing home provider, nominated by Care Providers of Minnesota;
new text end

new text begin (5) a formerly incarcerated person, nominated by groups led by formerly incarcerated
persons;
new text end

new text begin (6) a victim rights advocate, nominated by a statewide victim rights coalition; and
new text end

new text begin (7) an attorney or advocate with expertise in the Americans with Disabilities Act,
nominated by the Minnesota Disability Law Center.
new text end

new text begin (b) The executive board of the Department of Direct Care and Treatment shall review
the nominations and appoint members from the nominated individuals.
new text end

new text begin (c) The executive board of the Department of Direct Care and Treatment must, along
with the commissioner of corrections, create an application process for any incarcerated
person to apply for conditional medical release.
new text end

new text begin (d) An application for conditional medical release must be processed within 14 days of
receipt.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2023 Supplement, sections 244.45; 244.46, subdivision 4; 609.106,
subdivision 2; and 609.3455, subdivision 2, new text end new text begin are repealed.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 4, 5, and 8 are effective August 1, 2024, and apply retroactively to inmates
serving a mandatory life sentence.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-07801

244.45 INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.

The following individuals are ineligible for earned incentive release credit:

(1) those serving life sentences;

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

(3) those subject to good time under section 244.04 or similar laws.

244.46 EARNED COMPLIANCE CREDIT AND SUPERVISION ABATEMENT STATUS.

Subd. 4.

Applicability.

This section does not apply to individuals:

(1) serving life sentences;

(2) given indeterminate sentences for crimes committed on or before April 30, 1980; or

(3) subject to good time under section 244.04 or similar laws.

609.106 HEINOUS CRIMES.

Subd. 2.

Life without release.

Except as provided in subdivision 3, 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), or murder of unborn child in the first degree under section 609.2661, clause (1) or (2);

(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 murder of unborn child in the first degree in the course of a kidnapping under section 609.2661, clause (3); or

(3) the person is convicted of first-degree murder under section 609.185, paragraph (a), clause (3), (5), or (6), or murder of unborn child in the first degree under section 609.2661, clause (3), 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.

609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL RELEASE.

Subd. 2.

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

(a) Except as provided in paragraph (c), notwithstanding the statutory maximum penalty otherwise applicable to the offense, the court shall sentence a person convicted under section 609.342, subdivision 1, paragraph (a), (b), (c), (d), or (e), or subdivision 1a, clause (a), (b), (c), (d), (h), or (i); or 609.343, subdivision 1, paragraph (a), (b), (c), (d), or (e), or subdivision 1a, clause (a), (b), (c), (d), (h), or (i), 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, 609.344, or 609.3458, subdivision 1, paragraph (b), 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.

(c) The court shall sentence a person who was under 18 years of age at the time of the commission of an offense described in paragraph (a) to imprisonment for life.