Minnesota Legislature
SF 1351
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 09/21/2023 09:09am
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A bill for an act
relating to corrections; establishing the Indeterminate Sentence Release Board;
requiring a report; amending Minnesota Statutes 2022, section 244.05, subdivisions
2, 5; proposing coding for new law in Minnesota Statutes, chapter 244.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[244.049] INDETERMINATE SENTENCE RELEASE BOARD.
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new text begin Subdivision 1. new text end
new text begin Establishment; membership. new text end
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(a) As provided under paragraph (b) and
section 244.05, subdivision 5, the Indeterminate Sentence Release Board is established to
review eligible cases and make release and final discharge decisions for:
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(1) inmates serving life sentences with the possibility of parole or supervised release
under sections 243.05, subdivision 1, and 244.05, subdivision 5; and
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(2) inmates serving indeterminate sentences for crimes committed on or before April
30, 1980.
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(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.
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(c) The board consists of five members as follows:
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(1) four members appointed by the governor from which each of the majority leaders
and minority leaders of the house of representatives and the senate provides two candidate
recommendations for consideration; and
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(2) the commissioner, who serves as chair.
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(d) Appointed board members must meet the following qualifications, at a minimum:
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(1) a law degree or a bachelor's degree in criminology, corrections, or a related social
science;
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(2) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; and
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(3) demonstrated knowledge of victim issues and correctional processes.
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new text begin Subd. 2. new text end
new text begin Terms; compensation. new text end
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(a) Appointed board members serve four-year staggered
terms, but the terms of the initial members are as follows:
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(1) two members must be appointed for terms that expire January 1, 2026; and
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(2) two members must be appointed for terms that expire January 1, 2028.
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(b) An appointed member is eligible for reappointment, and a vacancy must be filled
according to subdivision 1.
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(c) For appointed members, compensation and removal are as provided in section 15.0575.
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new text begin Subd. 3. new text end
new text begin Quorum; administrative duties. new text end
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(a) The majority of members constitutes a
quorum.
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(b) An appointed board member must visit at least one state correctional facility every
12 months.
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(c) 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.
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new text begin Subd. 4. new text end
new text begin Limitation. new text end
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Nothing in this section or section 244.05, subdivision 5:
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(1) supersedes the commissioner's authority to set conditions of release or revoke an
inmate's release for violating any of the conditions; or
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(2) impairs the power of the Board of Pardons to grant a pardon or commutation in any
case.
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new text begin Subd. 5. new text end
new text begin Report. new text end
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(a) Beginning February 15, 2025, and each year thereafter, the board
must submit to the legislative committees with jurisdiction over criminal justice policy a
written report that:
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(1) details the number of inmates reviewed;
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(2) identifies inmates granted release or final discharge in the preceding year; and
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(3) provides demographic data of inmates who were granted release or final discharge
and inmates who were denied release or final discharge.
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(b) The report must also include the board's recommendations to the commissioner for
policy modifications that influence the board's duties.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2023.
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Sec. 2.
Minnesota Statutes 2022, section 244.05, subdivision 2, is amended to read:
Subd. 2.
Rules.
new text begin (a) Notwithstanding section 14.03, subdivision 3, paragraph (b), clause
(1), new text end the commissioner deleted text begin of corrections shalldeleted text end new text begin mustnew text end adopt by rule standards and procedures for
deleted text begin the revocation ofdeleted text end new text begin revokingnew text end supervised or conditional releasedeleted text begin ,deleted text end and deleted text begin shalldeleted text end new text begin mustnew text end specify the
period of revocation for each violation of releasenew text begin except in accordance with subdivision 5,
paragraph (i), for inmates serving life sentencesnew text end .
new text begin (b)new text end Procedures for deleted text begin the revocation ofdeleted text end new text begin revokingnew text end release deleted text begin shalldeleted text end new text begin mustnew text end provide due process of
law for the inmate.
new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2024.
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Sec. 3.
Minnesota Statutes 2022, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised releasedeleted text begin ,deleted text end new text begin ;new text end life deleted text begin sentencedeleted text end new text begin and indeterminate sentencesnew text end .
(a) The
deleted text begin commissioner of correctionsdeleted text end new text begin boardnew text end may, under rules deleted text begin promulgateddeleted text end new text begin adoptednew text end by the
commissioner, deleted text begin givedeleted text end new text begin grantnew text end supervised release new text begin or parole new text end to an inmate serving a mandatory
life sentence deleted text begin under section 609.185, paragraph (a), clause (3), (5), or (6); 609.3455,
subdivision 3 or 4; 609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3,deleted text end new text begin :
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new text begin (1)new text end after the inmate has served the minimum term of imprisonment specified in
subdivision 4new text begin or section 243.05, subdivision 1, paragraph (a); or
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new text begin (2) at any time for an inmate serving a nonlife indeterminate sentence for a crime
committed on or before April 30, 1980new text end .
(b) new text begin No earlier than three years before an inmate reaches their minimum term of
imprisonment or parole eligibility date, the commissioner must conduct a formal review
and make programming recommendations relevant to the inmate's release review under this
subdivision.
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new text begin (c) new text end The deleted text begin commissioner shalldeleted text end new text begin board mustnew text end require the preparation of a community
investigation report and deleted text begin shalldeleted text end consider the findings of the report when making a deleted text begin superviseddeleted text end
release new text begin or parole new text end decision under this subdivision. The report deleted text begin shalldeleted text end new text begin must:
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new text begin (1)new text end reflect the sentiment of the various elements of the community toward the inmate,
both at the time of the offense and at the present timedeleted text begin .deleted text end new text begin ;
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deleted text begin The report shalldeleted text end new text begin (2)new text end 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 deleted text begin superviseddeleted text end release decisiondeleted text begin .deleted text end new text begin ; and
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deleted text begin The report shall alsodeleted text end new text begin (3)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.
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make reasonable efforts to notify the victim, in
advance, of the time and place of the inmate's deleted text begin superviseddeleted text end 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 releasenew text begin or parolenew text end at this
time. deleted text begin The commissioner must consider the victim's statement when making the supervised
release decision.
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deleted text begin (d)deleted text end new text begin (e) Supervised release or parole must be granted with a majority vote of the board
members.new text end When considering whether to deleted text begin givedeleted text end new text begin grantnew text end supervised release new text begin or parole new text end to an inmate
serving a life deleted text begin sentence under section 609.3455, subdivision 3 or 4deleted text end new text begin or indeterminate sentencenew text end ,
the deleted text begin commissioner shalldeleted text end new text begin board mustnew text end consider, at a minimum, the following:
new text begin (1)new text end the risk the inmate poses to the community if releaseddeleted text begin ,deleted text end new text begin ;
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new text begin (2)new text end the inmate's progress in treatmentdeleted text begin ,deleted text end new text begin ;
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new text begin (3)new text end the inmate's behavior while incarcerateddeleted text begin ,deleted text end new text begin ;
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new text begin (4)new text end psychological or other diagnostic evaluations of the inmatedeleted text begin ,deleted text end new text begin ;
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new text begin (5)new text end the inmate's criminal historydeleted text begin ,deleted text end new text begin ;
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new text begin (6) a victim statement under paragraph (d), if submitted;new text end and
new text begin (7)new text end any other relevant conduct of the inmate while incarcerated or before incarceration.
new text begin (f)new text end The deleted text begin commissionerdeleted text end new text begin boardnew text end may not deleted text begin givedeleted text end new text begin grantnew text end supervised releasenew text begin or parolenew text end to deleted text begin thedeleted text end new text begin annew text end
inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatmentnew text begin , if applicablenew text end ;
(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 thatnew text begin :
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new text begin (i)new text end ensures that, after release, the inmate will have suitable housing and receive appropriate
aftercare and community-based treatmentdeleted text begin . The comprehensive plan also must includedeleted text end new text begin ; and
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new text begin (ii) includesnew text end a postprison employment or education plan for the inmate.
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(e)
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(g) When granting supervised release under this subdivision, the board must set
prerelease conditions to be followed by the inmate before their actual release or before
constructive parole becomes effective. 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.
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(h) If the commissioner rescinds a grant of supervised release or parole, the board:
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(1) must set a release review date that occurs within 90 days of the commissioner's
rescission; and
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(2) by majority vote, may set a new supervised release date or set another review date.
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(i) 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:
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(1) must set a release review date that occurs within one year of the commissioner's final
revocation decision; and
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(2) by majority vote, may set a new supervised release date or set another review date.
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(j) 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.
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deleted text begin As used indeleted text end new text begin (k) For purposes ofnew text end this subdivisiondeleted text begin ,deleted text end new text begin :
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(1) "board" means the Indeterminate Sentence Release Board under section 244.049;
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(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
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new text begin (3)new text end "victim" means deleted text begin thedeleted text end new text begin annew text end individual who new text begin has directly new text end suffered new text begin loss or new text end harm deleted text begin as a resultdeleted text end
deleted text begin of thedeleted text end new text begin from annew text end inmate's crime ordeleted text begin , if the individual is deceased, the deceased'sdeleted text end new text begin a murder
victim'snew text end surviving spouse deleted text begin ordeleted text end new text begin ,new text end next of kinnew text begin , or family kinnew text end .
new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2024.
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Sec. 4. new text begin INDETERMINATE SENTENCE RELEASE BOARD.
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Notwithstanding Minnesota Statutes, section 244.049, subdivision 1, paragraph (a), the
Indeterminate Sentence Release Board may not begin to review eligible cases and make
release and final discharge decisions until July 1, 2024.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2023.
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Sec. 5. new text begin REVISOR INSTRUCTION.
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Where necessary to reflect the transfer under Minnesota Statutes, section 244.049,
subdivision 1, the revisor of statutes must change the term "commissioner" or "commissioner
of corrections" to "Indeterminate Sentence Release Board" or "board" in Minnesota Statutes,
sections 243.05, subdivisions 1, paragraph (a), and 3; 244.08; and 609.12, and make any
other necessary grammatical changes.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2024.
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