SF 903

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; creating a Conditional
Release Board with the authority to order the
conditional release from prison of certain nonviolent
controlled substance offenders, if the release of
these offenders does not pose a danger to the public
or any individual; authorizing expungements of
conviction records for these offenders; requiring the
Department of Corrections to offer chemical dependency
treatment to certain offenders; changing criminal
sentencing for certain controlled substance possession
offenses; amending Minnesota Statutes 2004, section
609A.02, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapters 152; 244.

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

Section 1.

new text begin [152.0255] STAYED SENTENCES FOR CERTAIN
FIRST-TIME CONTROLLED SUBSTANCE POSSESSORS.
new text end

new text begin Subdivision 1. new text end

new text begin Stayed sentences authorized; first-time
second-, third-, fourth-, and fifth-degree controlled substance
possessors. new text end

new text begin (a) Notwithstanding any contrary provision of the
sentencing guidelines, the court may stay the execution of
sentence for an offender convicted of violating section 152.022,
subdivision 2; 152.023, subdivision 2; 152.024, subdivision 2;
or 152.025, subdivision 2, if the offender has not previously
been convicted or adjudicated delinquent for a violation of this
chapter, or an offense from another jurisdiction similar to an
offense under this chapter. The court may impose appropriate
terms and conditions on the offender.
new text end

new text begin (b) If the court stays an offender's sentence under
paragraph (a), it shall order the offender to successfully
complete a chemical dependency treatment program designated by
the court. The court shall select a program that is appropriate
given the offender's chemical dependency needs. When possible,
the program must be tailored specifically to the offender's
specific addiction, have an inpatient and outpatient component,
including aftercare, and be of a sufficient duration to
adequately address the offender's chemical dependency issues.
new text end

new text begin (c) A sentence under this subdivision is not a departure
under the sentencing guidelines.
new text end

new text begin Subd. 2. new text end

new text begin Costs. new text end

new text begin When a court sentences an offender under
this section, it may require the offender to pay the costs of
the treatment program as well as other costs authorized by law.
new text end

new text begin Subd. 3. new text end

new text begin Presentence investigation. new text end

new text begin The court shall
consider the results of the presentence investigation under
section 609.115, including the chemical use assessment, and any
other relevant information before sentencing an offender
described in this section. The court may sentence the offender
under this section only if the sentence is appropriate based on
the results of the assessment.
new text end

new text begin Subd. 4. new text end

new text begin Exception; prior violent crimes or possession of
dangerous weapon. new text end

new text begin Except as otherwise provided in this section,
this section does not apply to an offender who has previously
been convicted or adjudicated delinquent for a violent crime as
defined in section 609.1095 or who possessed a dangerous weapon
at the time of arrest.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders sentenced on or after that date.
new text end

Sec. 2.

new text begin [244.055] CONDITIONAL RELEASE OF NONVIOLENT
CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Conditional release board. new text end

new text begin The
Conditional Release Board has the authority to release offenders
committed to the custody of the commissioner of corrections who
meet the requirements of this section and of any rules adopted
by the board.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The board consists of the
following five members:
new text end

new text begin (1) the commissioner of corrections or a designee;
new text end

new text begin (2) the commissioner of public safety or a designee; and
new text end

new text begin (3) three public members appointed by the governor with the
advice and consent of the senate.
new text end

new text begin (b) Members of the board appointed by the governor under
paragraph (a), clause (3), are not required to have specific
academic or professional qualifications but must have knowledge
of or experience in corrections or related fields and must be
selected based on their sound judgment and ability to consider
the needs of persons over whom the board has jurisdiction and
the safety of the public. At least one of the public members
must be male, at least one must be female, and at least one must
be a member of a racial minority group.
new text end

new text begin (c) Members of the board shall serve for staggered terms
and are eligible for reappointment. Of the initial appointments
for the public members, one must be for a two-year term, one
must be for a four-year term, and one must be for a six-year
term. The term for reappointments is six years.
new text end

new text begin (d) The removal of members appointed by the governor under
paragraph (a), clause (3), and the filling of their vacant
positions is governed by section 15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Conditional release of certain nonviolent
controlled substance offenders. new text end

new text begin An offender who has been
committed to the commissioner's custody may petition the board
for conditional release from prison before the offender's
scheduled supervised release date or target release date if:
new text end

new text begin (1) the offender is serving a sentence for violating
section 152.021, 152.022, 152.023, 152.024, or 152.025;
new text end

new text begin (2) the offender committed the crime as a result of a
controlled substance addiction, and not primarily for profit;
new text end

new text begin (3) the offender has served at least 36 months or one-half
of the offender's term of imprisonment, whichever is less;
new text end

new text begin (4) the offender successfully completed a chemical
dependency treatment program while in prison; and
new text end

new text begin (5) the offender has not previously been conditionally
released under this section.
new text end

new text begin Subd. 4. new text end

new text begin Offer of chemical dependency treatment. new text end

new text begin The
commissioner shall offer all offenders meeting the criteria
described in subdivision 3, clauses (1) and (2), the opportunity
to begin a suitable chemical dependency treatment program within
120 days after the offender's term of imprisonment begins.
new text end

new text begin Subd. 5. new text end

new text begin Release procedures. new text end

new text begin The board may not grant
conditional release to an offender under this section unless the
board determines that the offender's release will not pose a
danger to the public or an individual. In making its
determination, the board shall follow the procedures contained
in section 244.05, subdivision 5, and the rules adopted by the
commissioner of corrections under that subdivision. The board
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
6.
new text end

new text begin Subd. 6. new text end

new text begin Conditional release. new text end

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

new text begin Subd. 7. new text end

new text begin Offenders serving other sentences. new text end

new text begin An offender
who is serving both a sentence for an offense described in
subdivision 3 and an offense not described in subdivision 3, is
not eligible for release under this section unless the offender
has completed the offender's full term of imprisonment for the
other offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1,
2006, and applies to offenders serving terms of imprisonment and
to offenders sentenced on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 609A.02, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Other controlled substance offenses;
convictions. new text end

new text begin A petition may be filed under section 609A.03 to
seal all records relating to an arrest, indictment or
information, trial, or verdict for a violation of section
152.022, 152.023, 152.024, or 152.025 if the actions or
proceedings were not resolved in favor of the petitioner, and if:
new text end

new text begin (1) the petitioner was conditionally released under section
244.055;
new text end

new text begin (2) at least five years have elapsed since the petitioner
has been discharged from conditional release or since the
petitioner's sentence has expired; and
new text end

new text begin (3) the petitioner has not been convicted of any new
offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 4. new text begin CONTROLLED SUBSTANCE OFFENDERS CURRENTLY IN
PRISON; CONDITIONAL RELEASE.
new text end

new text begin An offender meeting the criteria described in Minnesota
Statutes, section 244.055, subdivision 3, clauses (1), (3), (4),
and (5), and subdivision 7, may petition the Conditional Release
Board under Minnesota Statutes, section 244.055, for conditional
release. The provisions of Minnesota Statutes, section 244.055,
apply to the petition, release decision, and conditional release
of offenders under this section. However, the board shall
ensure that the prosecutorial authority responsible for the
offender's conviction receives reasonable advance notice of the
offender's petition for conditional release. In addition to the
other criteria for release, the board may not conditionally
release an offender unless it determines that the offender
committed the crime as a result of a controlled substance
addiction, and not primarily for profit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1,
2006, and applies to offenders who committed controlled
substance crimes before that date.
new text end