SF 2464

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; public safety; 
  1.3             prohibiting the commissioner of corrections from 
  1.4             placing a sex offender on supervised or conditional 
  1.5             release if the offender has refused or failed offered 
  1.6             sex offender treatment; amending Minnesota Statutes 
  1.7             2002, sections 244.03; 244.05, subdivision 1b. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 244.03, is 
  1.10  amended to read: 
  1.11     244.03 [REHABILITATIVE PROGRAMS.] 
  1.12     The commissioner shall provide appropriate mental health 
  1.13  programs and vocational and educational programs with 
  1.14  employment-related goals for inmates.  The selection, design and 
  1.15  implementation of programs under this section shall be the sole 
  1.16  responsibility of the commissioner, acting within the 
  1.17  limitations imposed by the funds appropriated for such programs. 
  1.18     No action challenging the level of expenditures for 
  1.19  programs authorized under this section, nor any action 
  1.20  challenging the selection, design or implementation of these 
  1.21  programs, including employee assignments, may be maintained by 
  1.22  an inmate in any court in this state. 
  1.23     The commissioner may impose disciplinary sanctions upon any 
  1.24  inmate who refuses to participate in rehabilitative 
  1.25  programs.  The commissioner shall impose disciplinary sanctions 
  1.26  upon an inmate as provided in section 244.05, subdivision 1b, 
  2.1   paragraph (c).  
  2.2      Sec. 2.  Minnesota Statutes 2002, section 244.05, 
  2.3   subdivision 1b, is amended to read: 
  2.4      Subd. 1b.  [SUPERVISED RELEASE; OFFENDERS WHO COMMIT CRIMES 
  2.5   ON OR AFTER AUGUST 1, 1993.] (a) Except as provided in 
  2.6   subdivisions 4 and 5, every inmate sentenced to prison for a 
  2.7   felony offense committed on or after August 1, 1993, shall serve 
  2.8   a supervised release term upon completion of the inmate's term 
  2.9   of imprisonment and any disciplinary confinement period imposed 
  2.10  by the commissioner due to the inmate's violation of any 
  2.11  disciplinary rule adopted by the commissioner or refusal to 
  2.12  participate in a rehabilitative program required under section 
  2.13  244.03.  The amount of time the inmate serves on supervised 
  2.14  release shall be equal in length to the amount of time remaining 
  2.15  in the inmate's executed sentence after the inmate has served 
  2.16  the term of imprisonment and any disciplinary confinement period 
  2.17  imposed by the commissioner. 
  2.18     (b) No inmate who violates a disciplinary rule or refuses 
  2.19  to participate in a rehabilitative program as required under 
  2.20  section 244.03 shall be placed on supervised release until the 
  2.21  inmate has served the disciplinary confinement period for that 
  2.22  disciplinary sanction or until the inmate is discharged or 
  2.23  released from punitive segregation confinement, whichever is 
  2.24  later.  The imposition of a disciplinary confinement period 
  2.25  shall be considered to be a disciplinary sanction imposed upon 
  2.26  an inmate, and the procedure for imposing the disciplinary 
  2.27  confinement period and the rights of the inmate in the procedure 
  2.28  shall be those in effect for the imposition of other 
  2.29  disciplinary sanctions at each state correctional institution.  
  2.30     (c) No inmate imprisoned for a violation of section 
  2.31  609.342, 609.343, 609.344, or 609.345 may be placed on 
  2.32  supervised or conditional release if the inmate has refused to 
  2.33  enter or has not successfully completed sex offender treatment 
  2.34  that has been offered to the inmate by the commissioner.  The 
  2.35  commissioner shall add disciplinary confinement time under the 
  2.36  procedures specified in paragraph (b) to the term of 
  3.1   imprisonment of an inmate who refuses to enter or who does not 
  3.2   successfully complete treatment under this paragraph.  
  3.3      Sec. 3.  [EFFECTIVE DATE.] 
  3.4      Sections 1 and 2 are effective August 1, 2004, and apply to 
  3.5   offenders serving prison sentences on or after that date.