SF 2099

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to corrections; creating a Conditional 
  1.3             Release Board with the authority to order the 
  1.4             conditional release of certain nonviolent controlled 
  1.5             substance possessors, if the release of these 
  1.6             offenders does not pose a danger to the public or any 
  1.7             individual; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 244. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [244.055] [CONDITIONAL RELEASE OF OLDER 
  1.11  PRISONERS AND NONVIOLENT CONTROLLED SUBSTANCE POSSESSORS.] 
  1.12     Subdivision 1.  [CONDITIONAL RELEASE BOARD; CREATION.] A 
  1.13  Conditional Release Board is created with the authority to 
  1.14  release offenders committed to the custody of the commissioner 
  1.15  of corrections who meet the requirements of this section and of 
  1.16  any rules adopted by the board.  
  1.17     Subd. 2.  [MEMBERSHIP.] (a) The board consists of the 
  1.18  following seven members: 
  1.19     (1) the commissioner of corrections or a designee; 
  1.20     (2) the commissioner of public safety or a designee; 
  1.21     (3) the attorney general or a designee; and 
  1.22     (4) four public members appointed by the governor with the 
  1.23  advice and consent of the senate.  
  1.24     (b) Members of the board appointed by the governor under 
  1.25  paragraph (a), clause (4), are not required to have specific 
  1.26  academic or professional qualifications but must have knowledge 
  1.27  of or experience in corrections or related fields and must be 
  2.1   selected based on their sound judgment and ability to consider 
  2.2   the needs of persons over whom the board has jurisdiction and 
  2.3   the safety of the public.  At least one of the public members 
  2.4   must be male, at least one must be female, and at least one must 
  2.5   be a member of a racial minority group. 
  2.6      (c) Members of the board shall serve for a term of six 
  2.7   years and are eligible for reappointment. 
  2.8      (d) The removal of members appointed by the governor under 
  2.9   paragraph (a), clause (4), and the filling of their vacant 
  2.10  positions is governed by section 15.0575. 
  2.11     Subd. 3.  [CONDITIONAL RELEASE OF CERTAIN NONVIOLENT 
  2.12  CONTROLLED SUBSTANCE POSSESSION OFFENDERS.] An offender who has 
  2.13  been committed to the custody of the commissioner may petition 
  2.14  the board for conditional release from prison before the 
  2.15  offender's scheduled supervised release date or target release 
  2.16  date if the offender is serving a sentence for violating section 
  2.17  152.023, subdivision 2; 152.024, subdivision 2; or 152.025, 
  2.18  subdivision 2, and has served at least one-half of the 
  2.19  offender's term of imprisonment and successfully completed a 
  2.20  drug treatment program while incarcerated.  
  2.21     Subd. 4.  [RELEASE PROCEDURES.] The board may not grant 
  2.22  conditional release to an offender under this section unless the 
  2.23  board determines that the offender's release will not pose a 
  2.24  danger to the public or an individual.  In making its 
  2.25  determination, the board shall follow the procedures contained 
  2.26  in section 244.05, subdivision 5, and the rules adopted by the 
  2.27  commissioner of corrections under that subdivision.  The board 
  2.28  shall also consider the offender's custody classification and 
  2.29  level of risk of violence and the availability of appropriate 
  2.30  community supervision for the offender.  Conditional release 
  2.31  granted under this section continues until the offender's 
  2.32  sentence expires, unless release is rescinded under subdivision 
  2.33  5. 
  2.34     Subd. 5.  [CONDITIONAL RELEASE.] The conditions of a 
  2.35  release granted under this section are governed by the statutes 
  2.36  and rules governing supervised release under this chapter, 
  3.1   except that release may be rescinded without hearing by the 
  3.2   Conditional Release Board if the board determines that 
  3.3   continuation of the conditional release poses a danger to the 
  3.4   public or to an individual.  If the board rescinds an offender's 
  3.5   conditional release, the offender shall be returned to prison 
  3.6   and shall serve the remaining portion of the offender's sentence.
  3.7      Subd. 6.  [APPLICABILITY TO CONDITIONAL MEDICAL 
  3.8   RELEASE.] The conditional release provisions of this section 
  3.9   supplement the authority of the commissioner to order that an 
  3.10  inmate be placed on conditional medical release under section 
  3.11  244.05, subdivision 8. 
  3.12     Sec. 2.  [EFFECTIVE DATE.] 
  3.13     Section 1 is effective January 1, 2005, and applies to 
  3.14  offenders serving terms of imprisonment on or after that date.