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SF 982

as introduced - 88th Legislature (2013 - 2014) Posted on 03/05/2013 08:38am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to judiciary; establishing a sentence of life with release when certain
juveniles commit a heinous crime; amending Minnesota Statutes 2012, sections
244.05, subdivisions 4, 5; 609.106, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, 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 609.106new text begin , subdivision 2,new text end or 609.3455, subdivision 2,
must not be given supervised release under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
(5), or (6);new text begin section 609.106, subdivision 3;new text end 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.

(c) 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.

Sec. 2.

Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:


Subd. 5.

Supervised release, life sentence.

(a) The commissioner of corrections
may, under rules promulgated by the commissioner, give supervised release to an inmate
serving a mandatory life sentence under section 609.185, clause (3), (5), or (6);new text begin 609.106,
subdivision 3;
new text end 609.3455, subdivision 3 or 4; 609.385; or Minnesota Statutes 2004, section
609.109, subdivision 3,
after the inmate has served the minimum term of imprisonment
specified in subdivision 4.

(b) The commissioner shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release
decision under this subdivision. The report shall reflect the sentiment of the various
elements of the community toward the inmate, both at the time of the offense and at the
present time. The report shall 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. The report shall also include the views of the victim and the victim's
family unless the victim or the victim's family chooses not to participate.

(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
of the time and place of the inmate's supervised release review hearing. The victim has
a right to 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.
The commissioner must consider the victim's statement when making the supervised
release decision.

(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at
a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
other relevant conduct of the inmate while incarcerated or before incarceration. The
commissioner may not give supervised release to the inmate unless:

(1) while in prison:

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

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
has successfully completed chemical dependency 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 ensures
that, after release, the inmate will have suitable housing and receive appropriate aftercare
and community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

(e) As used in this subdivision, "victim" means the individual who suffered harm as
a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

Sec. 3.

Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Life imprisonment. new text end

new text begin Notwithstanding subdivision 2, if the defendant was
under 18 years of age at the time of the commission of the offense, the court may sentence
the defendant to imprisonment for life if it is proven by a preponderance of the evidence
that the defendant's relative youth and potential for rehabilitation in prison outweighs
the public's interest in a sentence of life without possibility of release. In making this
determination the court should consider the following factors:
new text end

new text begin (1) the age, education, experience, and background, including mental and emotional
development, of the defendant at the time of commission of the offense;
new text end

new text begin (2) the circumstances and nature and severity of the offense including any
aggravating or mitigating factors in the commission of the offense;
new text end

new text begin (3) victim and community impact including age and vulnerability of the victim;
new text end

new text begin (4) the defendant's level of participation in the planning and carrying out of the
offense, including familial or peer influence in the commission of the crime;
new text end

new text begin (5) the defendant's juvenile delinquency and criminal history;
new text end

new text begin (6) the defendant's programing history, including child welfare, school and
community-based, and probation interventions and the defendant's willingness to
participate meaningfully in programing, probation, or both; and
new text end

new text begin (7) any other aggravating or mitigating circumstance bearing on the defendant's
culpability or potential for rehabilitation.
new text end