SF 967

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to corrections; establishing a parole board;
prescribing its membership, duties, and powers;
prescribing when an individual is eligible to be
considered for parole; authorizing the board to
determine if selected Level III sex offenders should
be referred to the county attorney for civil
commitment; appropriating money; amending Minnesota
Statutes 2004, section 244.05, subdivision 7;
proposing coding for new law as Minnesota Statutes,
chapter 244A.

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

ARTICLE 1

CORRECTIONS BOARD

Section 1.

new text begin [244A.01] CORRECTIONS BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin There is created a Corrections
Board consisting of five full-time members; four members shall
be appointed by the governor, with the advice and consent of the
senate. No more than two members appointed by the governor
shall belong to the same political party. An appointment to a
vacancy shall be made in the same manner as other appointments
and shall be for the unexpired term. The fifth member shall be
chair and shall be an officer of the Department of Corrections
in the unclassified service and shall be appointed by the
commissioner of corrections to serve at the commissioner's
pleasure.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin A candidate for appointment to
the Corrections Board is not required to have specific academic
or professional attainment, but shall have knowledge or
experience in corrections or related fields and be selected on
the basis of sound judgment and the ability to consider both the
needs of individuals over whom the board has jurisdiction and
the safety of the public. Among the members appointed by the
governor, at least one shall be a woman, one a man, and one a
member of a racial minority.
new text end

new text begin Subd. 3. new text end

new text begin Terms of office; reappointment. new text end

new text begin Members of the
board shall serve six year staggered terms. A member is
eligible for reappointment.
new text end

new text begin Subd. 4. new text end

new text begin Compensation; expenses. new text end

new text begin Each member of the
board other than the chair shall receive as compensation 85
percent of a district court judge's salary per year, payable in
the same manner as other employees of the state. The chair of
the board shall receive as compensation the chair's salary as an
officer of the Department of Corrections, which shall not be
less than the salary of the other members of the board. In
addition to the compensation provided in this subdivision, each
member of the board shall be reimbursed for expenses paid or
incurred in the performance of official duties in the same
manner as other employees of the state. This compensation and
these expenses shall be paid out of the general fund in the same
manner as the salaries and expenses of other state officers,
except that the salary and expenses of the chair of the board
shall be paid out of funds appropriated to the commissioner of
corrections.
new text end

new text begin Subd. 5. new text end

new text begin Quorum. new text end

new text begin (a) The board may sit in units of three
as designated by the chair under rules prescribed by the board,
and such a unit constitutes a quorum.
new text end

new text begin (b) The chair may, with the approval of the commissioner of
corrections, appoint employees of the Department of Corrections
to perform administrative duties as assigned by the chair.
new text end

Sec. 2.

new text begin [244A.02] BOARD POWERS; LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Powers. new text end

new text begin Except as provided in subdivision
2, the Corrections Board, giving due consideration to public
safety, may parole an individual sentenced to confinement in an
adult correctional facility:
new text end

new text begin (1) if the individual has served three years or more on the
current sentence and is more than 60 years old; or
new text end

new text begin (2) if the individual committed the offense when a minor,
as defined in section 260B.007, subdivision 9, and was certified
for prosecution as an adult or designated as an extended
jurisdiction juvenile and has served five years or more of the
sentence; or
new text end

new text begin (3) if the individual was sentenced:
new text end

new text begin (i) for an indeterminate term;
new text end

new text begin (ii) for a drug offense;
new text end

new text begin (iii) for a crime arising out of chemical dependency;
new text end

new text begin (iv) for a conspiracy, if another conspirator dominated the
individual or was the individual's domestic partner;
new text end

new text begin (v) for a crime based on consequences that were not proved
to be intentional; or
new text end

new text begin (vi) for a commercial crime; or
new text end

new text begin (4) if there has been a profound change in the individual's
character and conduct since the time of the offense.
new text end

new text begin Subd. 2. new text end

new text begin Limitations. new text end

new text begin An individual sentenced under the
sentencing guidelines is not eligible for parole until the
individual has served one-half of his or her sentence-to-serve.
"Sentence-to-serve" as applied to individuals whose crimes were
committed before August 1, 1993, is the period of time for which
the individual was committed to the custody of the commissioner
of corrections minus good time allowed. Sentence-to-serve as
applied to individuals whose crimes were committed on or after
August 1, 1993, is the period of time equal to two-thirds of the
individual's executed sentence. Parole is not authorized if
proscribed by United States Code, title 42, section 13704. The
limitations specified in this subdivision shall not affect
parole eligibility for individuals 60 years or older as
specified in section 244A.02, subdivision 1, clause (1), and
minors as specified in section 244A.02, subdivision 1, clause
(2).
new text end

new text begin Subd. 3. new text end

new text begin Legal custody of parolees. new text end

new text begin Upon being paroled
and released, an individual remains in the legal custody and
under the control of the Corrections Board, subject to be
returned at any time to a facility of the Department of
Corrections. If the individual is returned, the legal custody
of the individual reverts to the commissioner of corrections. A
written order of the Corrections Board, certified by the chair
of the board, is sufficient to authorize a peace officer or
state parole or probation agent to retake and place in the
custody of the Corrections Board any parolee, but a state parole
or probation agent may, without order of warrant, when it
appears necessary to prevent escape or enforce discipline, take
and detain a parolee to the custody of the Corrections Board for
its action. A written order of the commissioner of corrections
is sufficient for a peace officer or state parole or probation
agent to retake and place in actual custody an individual on
probation under the supervision of the commissioner pursuant to
section 609.135, but any state parole or probation agent may,
when it appears necessary to prevent escape or enforce
discipline, retake and detain such probationer without such an
order and bring a paroled individual before the court for
further proceedings under section 609.14. Paroled individuals,
and those on probation under the supervision of the commissioner
of corrections pursuant to section 609.135 may be placed within
or without the boundaries of the state at the discretion of the
board or of the commissioner of corrections, and the limits
fixed for such individuals may be enlarged or reduced according
to their conduct.
new text end

new text begin Subd. 4. new text end

new text begin Parole hearings. new text end

new text begin (a) In considering
applications for parole or final release, the board is not
required to hear oral argument from any attorney or other person
not connected with a facility of the Department of Corrections,
but it may institute inquiries by correspondence, taking
testimony or otherwise, as to the previous history, physical or
mental condition, and character of an applicant, and to that end
it has authority to require the attendance of the chief
executive officer of the relevant Minnesota correctional
facility and the production of the records of the facility, and
to compel the attendance of witnesses. Each member of the board
is authorized to administer oaths to witnesses.
new text end

new text begin (b) A victim, or if the victim is deceased, the victim's
next of kin, of a crime for which the parole applicant was
convicted has the right to testify in person or in writing
before the board. Testimony may include the victim's reaction
to the applicant's release and a summary of reasons supporting
the victim's statement. The board must consider the victim's
statement in its decision.
new text end

Sec. 3.

new text begin [244A.03] CREDITS FOR PRISONERS.
new text end

new text begin Each inmate shall be credited for good prison demeanor,
diligence in labor and study and results accomplished, and be
charged for derelictions, negligences, and offenses under a
uniform system of marks or other methods prescribed by the
commissioner of corrections. The commissioner of corrections
shall inform the Corrections Board of the work progress,
derelictions, negligences, demeanor, and future program of each
inmate a month before the inmate's appearance before the
Corrections Board.
new text end

Sec. 4.

new text begin [244A.04] DUTY OF BOARD; FINAL DISCHARGE.
new text end

new text begin The Corrections Board shall keep in communication with all
those on parole and also with their employers, and when any
parolee has kept the conditions of parole in a manner and for a
period of time that satisfies the board that the parolee is
rehabilitated, trustworthy, will remain at liberty without
violating the law, and that final release is not incompatible
with the welfare of society, then the board has power in its
discretion to grant to such individual a final discharge from
confinement. If final discharge is granted, the board shall
issue to the individual a certificate of final discharge, and
shall also cause a record of the acts of the individual to be
made showing the date of commitment, record while in prison, the
date of parole, record while on parole, and its reasons for
determining final discharge, together with any other facts that
the board deems relevant. Nothing in sections 244A.01 to
244A.08 impairs the power of the Board of Pardons to grant a
pardon or commutation in any case.
new text end

Sec. 5.

new text begin [244A.05] SUPERVISION BY COMMISSIONER OF
CORRECTIONS; AGENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Parole supervision. new text end

new text begin The commissioner of
corrections shall exercise supervision over individuals released
on parole or probation pursuant to sections 244A.01 to 244A.08.
The responsibilities and powers granted to the commissioner of
corrections under sections 241.26, 242.10, 242.19, 242.46,
243.05, and 244.05, shall be exercised with regard to an
individual paroled by the board under sections 244A.01 to
244A.08.
new text end

new text begin Subd. 2. new text end

new text begin Agents. new text end

new text begin For the purposes of subdivisions 1 and
2, and sections 609.115 and 609.135, subdivision 1, the
commissioner shall appoint state agents who shall be in the
classified service of the state civil service. The commissioner
may also appoint suitable persons in any part of the state or
enter into agreements with individuals and public or private
agencies, for the same purposes, and pay the costs incurred
under the agreements. Every agent shall perform the duties the
commissioner prescribes on behalf of or in the supervision of
individuals released on parole or probation. In addition, every
agent or person shall act under the orders of the Corrections
Board or the commissioner in the supervision of individuals
conditionally released. Agents shall provide assistance to
conditionally released individuals in obtaining employment, and
shall conduct relevant investigations and studies of individuals
under supervision upon the request of the commissioner or the
board. Regional supervisors may also supervise state parole or
probation agents as directed by the commissioner of
corrections. This duty shall not interfere with the
supervisor's responsibility under the County Probation Act, Laws
1959, chapter 698.
new text end

new text begin Subd. 3. new text end

new text begin Administrative services. new text end

new text begin The commissioner of
corrections shall provide the board with all other personnel,
supplies, equipment, office space, and other administrative
services necessary and incident to the discharge of the
functions of the board.
new text end

Sec. 6.

new text begin [244A.06] DEPUTIZATION OF OUT-OF-STATE AGENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Out-of-state deputies. new text end

new text begin The Corrections
Board may deputize a person regularly employed by another state
to act as an agent of this state in effecting the return of an
individual who has violated the terms and conditions of parole
or probation granted by this state. In any matter relating to
the return of an individual, an agent so deputized has the
powers of a police officer of this state.
new text end

new text begin Subd. 2. new text end

new text begin In writing. new text end

new text begin A deputization pursuant to
subdivision 1 shall be in writing and a person so authorized to
act as an agent of this state shall carry formal evidence of the
deputization and shall produce the same upon demand.
new text end

new text begin Subd. 3. new text end

new text begin Sharing costs. new text end

new text begin Subject to the approval of the
commissioner of finance, the Corrections Board may enter into
contracts with similar officials of another state for the
purpose of sharing an equitable portion of the cost of effecting
the return of an individual who has violated the terms and
conditions of parole or probation granted by this state.
new text end

Sec. 7.

new text begin [244A.07] SEXUAL OFFENDERS.
new text end

new text begin In addition to exercising its powers under section 244A.02,
the Corrections Board shall, before the end of the sentence of
each Level III sex offender referred to the board by the
Department of Corrections under section 244.05, subdivision 7,
and in conformance with that subdivision, determine whether that
offender should be released at the end of the offender's term or
be referred to a county attorney for a civil commitment petition
under section 253B.185.
new text end

Sec. 8.

new text begin [244A.08] RULES GOVERNING PAROLES.
new text end

new text begin Subdivision 1. new text end

new text begin Rules. new text end

new text begin The Corrections Board has power to
make, amend, and publish rules governing the granting of paroles
and final discharges and the procedure relating thereto, and the
conditions of parole and the conduct and employment of
individuals on parole, and other matters touching the exercise
of the powers and duties conferred upon the board by sections
244A.01 to 244A.08.
new text end

new text begin Subd. 2. new text end

new text begin Prospective effect. new text end

new text begin Any new rule or policy
adopted by the board that has the effect of postponing
eligibility for parole has prospective effect only and applies
only with respect to individuals committing offenses after the
effective date of the new rule or policy.
new text end

Sec. 9. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the
commissioner of corrections to be used to implement sections 1
to 8. This appropriation is available until June 30, 2007.
new text end

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

new text begin (a) Sections 1 to 8 are effective the day following final
enactment.
new text end

new text begin (b) Section 9 is effective July 1, 2005.
new text end

ARTICLE 2

CONFORMANCE AMENDMENT

Section 1.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under sections 609.342 to 609.345 or sentenced as a
patterned offender under section 609.108, and determined by the
commissioner to be in a high risk category, the commissioner
shall make a preliminary determination whether, in the
commissioner's opinion, a petition under section 253B.185 may be
appropriate. new text begin In the alternative, if the inmate is determined by
the commissioner to be in a Level III high risk category, the
commissioner may forward the inmate's case with appropriate
documentation to the Corrections Board. The Corrections Board
shall make a preliminary determination whether, in the board's
opinion, a petition under section 253B.185 may be appropriate
for the Level III inmates referred to it.
new text end

(b) In making deleted text begin this deleted text end new text begin a new text end decision new text begin concerning the
appropriateness of a petition under section 253B.185 new text end , the
commissioner new text begin or board new text end shall have access to the following data
only for the purposes of the assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner new text begin or board new text end determines that a petition
may be appropriate, the commissioner new text begin or board new text end shall forward this
determination, along with a summary of the reasons for the
determination, to the county attorney in the county where the
inmate was convicted no later than 12 months before the inmate's
release date. If the inmate is received for incarceration with
fewer than 12 months remaining in the inmate's term of
imprisonment, or if the commissioner new text begin or board new text end receives
additional information less than 12 months before release which
makes the inmate's case appropriate for referral, the
commissioner new text begin or board new text end shall forward the determination as soon as
is practicable. Upon receiving the commissioner's new text begin or board's
new text end preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner new text begin or
board new text end shall release to the county attorney all requested
documentation maintained by the department.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

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