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SF 2109

as introduced - 89th Legislature (2015 - 2016) Posted on 04/28/2015 08:56am

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

Current Version - as introduced

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A bill for an act
relating to corrections; establishing a program for the release from correctional
institutions individuals who are judged to be ready to live successfully in the
community and without danger to the public; appropriating money.

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

Section 1. new text begin RELEASE OF INMATES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A program for release of inmates under the custody
of the commissioner of corrections is established. The program shall operate for the
period from July 1, 2015, to June 30, 2017, on the terms established by this section. A
goal of the program is to reduce the population of correctional institutions sufficiently to
reduce the cost of operating those institutions by not less than $6,000,000 during the
biennium in which the program is in effect.
new text end

new text begin Subd. 2. new text end

new text begin Petitions. new text end

new text begin (a) Inmates may petition for release by submitting to the
commissioner of corrections an application for release. The commissioner shall forward
to release panels of three judges the petition of the inmates whose petitions are not vetoed
by the commissioner. The commissioner may veto a petition for any reason and is not
required to state a reason for the veto.
new text end

new text begin (b) The petitions shall be reviewed by panels of three retired or sitting district or
appellate judges. The panels, by majority vote, may approve a petition and, if approved,
the inmate shall be released from incarceration on parole within six weeks of petition
approval. The chief justice shall designate judges to serve on the release panels, at random
and based on availability, taking advantage of the availability of retired judges.
new text end

new text begin (c) If an inmate's first petition is vetoed by the commissioner or rejected by a panel, the
inmate may re-petition, but only once and not earlier than three months after the rejection.
The decisions of the commissioner and review panels are not subject to judicial review,
and inmates may not be represented by counsel before the commissioner or review panels.
new text end

new text begin (d) Inmates are eligible for release on parole under this section only after serving 60
percent of their sentence to serve under the sentencing guidelines.
new text end

new text begin Subd. 3. new text end

new text begin Special favor. new text end

new text begin The commissioner and review panels shall look with special
favor on the petitions of inmates who:
new text end

new text begin (1) were sentenced for crimes for which the current sentencing guidelines' sentence
is less than the time the petitioner has served;
new text end

new text begin (2) are more than 65 years of age;
new text end

new text begin (3) have disabilities that make criminal conduct unlikely;
new text end

new text begin (4) were convicted of crimes that include an element of consequences that were
not intended; or
new text end

new text begin (5) are serving sentences for offenses committed as juveniles and were convicted at
least 20 years earlier, after certification as adults.
new text end

new text begin Subd. 4. new text end

new text begin Standards. new text end

new text begin The commissioner and panel judges shall act on petitions
applying the following standards:
new text end

new text begin (1) the safety of the public;
new text end

new text begin (2) the readiness of the inmate to live lawfully if released;
new text end

new text begin (3) the quality of the petitioner's participation in correction department programs
while incarcerated and changes in self-control achieved during incarceration; and
new text end

new text begin (4) other standards deemed relevant for judging the likelihood of lawful behavior
after release.
new text end

new text begin Subd. 5. new text end

new text begin Records. new text end

new text begin The commissioner shall provide to the release panels the record
of the petitioner during incarceration, the record of the petitioner's offense, and the record
of any psychological or other test of the petitioner designed to measure factors relevant to
the readiness of the petitioner for release on parole, including self-control.
new text end

new text begin The commissioner shall administer to a petitioner any tests requested by release
panels.
new text end

new text begin Subd. 6. new text end

new text begin Compensation. new text end

new text begin Panel judges shall be reimbursed for expenses and retired
judges shall be compensated at the rate of compensation provided as if designated to sit as
retired judges on a district court.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin The following amounts are appropriated from the general fund to the commissioner
of corrections to support the program established by section 1:
new text end

new text begin (1) $....... in fiscal year 2016 and $....... in fiscal year 2017 to compensate retired
judges and to pay expenses of the release panels; and
new text end

new text begin (2) $....... in fiscal year 2016 and $....... in fiscal year 2017 to distribute, as
appropriate, to counties to cover the increased costs for parole officers to supervise those
released under this program.
new text end