SF 1120

as introduced - 85th Legislature (2007 - 2008) 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; appropriating money; proposing coding for new law as Minnesota
Statutes, chapter 244A.

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

Section 1.

new text begin [244A.01] PAROLE 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 Parole 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 Parole 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 subdivisions 2 and 3, the Parole
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 a drug offense;
new text end

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

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

new text begin (iv) 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 Sex offenders; parole eligibility. new text end

new text begin (a) The Parole Board is not authorized to
parole an offender convicted of a sex offense.
new text end

new text begin (b) As used in this section, "sex offense" means a violation of section 609.342;
609.343; 609.344; 609.345; 609.3451; 609.3453; 609.3455; 609.352; 609.365; 617.23;
617.246; or 617.247, or another offense arising out of a charge based on one or more of
those sections.
new text end

new text begin Subd. 3. 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. 4. 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 Parole 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 Parole 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 Parole 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 Parole 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. 5. new text end

new text begin Parole hearings. new text end

new text begin 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

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 Parole Board of the work
progress, derelictions, negligences, demeanor, and future program of each inmate a month
before the inmate's appearance before the Parole Board.
new text end

Sec. 4.

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

new text begin The Parole 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 Parole 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 Parole 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 Parole 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] 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 Parole 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.07.
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. 8. 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 7. This appropriation is available until June 30, 2009.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective the day following final enactment.
new text end