Minnesota Legislature
SF 2850
as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2022 10:46am
Current Version - as introduced
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A bill for an act
relating to corrections; extending the presumptive period of incarceration for
offenders committed to the custody of the commissioner of corrections; amending
Minnesota Statutes 2020, sections 244.01, subdivision 8; 244.101, subdivision 1;
244.14, subdivision 3; 244.171, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 244.01, subdivision 8, is amended to read:
Subd. 8.
Term of imprisonment.
"Term of imprisonment," as applied to inmates whose
crimes were committed before August 1, 1993, is the period of time for which an inmate is
committed to the custody of the commissioner of corrections minus earned good time. "Term
of imprisonment," as applied to inmates whose crimes were committed on or after August
1, 1993, is the period of time equal to deleted text begin two-thirdsdeleted text end new text begin three-fourthsnew text end of the inmate's executed
sentence.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to persons
sentenced on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2020, section 244.101, subdivision 1, is amended to read:
Subdivision 1.
Executed sentences.
When a felony offender is sentenced to a fixed
executed sentence for an offense committed on or after August 1, 1993, the executed sentence
consists of two parts: (1) a specified minimum term of imprisonment that is equal to
deleted text begin two-thirdsdeleted text end new text begin three-fourthsnew text end of the executed sentence; and (2) a specified maximum supervised
release term that is equal to deleted text begin one-thirddeleted text end new text begin one-quarternew text end of the executed sentence. The amount of
time the inmate actually serves in prison and on supervised release is subject to the provisions
of section 244.05, subdivision 1b.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to persons
sentenced on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2020, section 244.14, subdivision 3, is amended to read:
Subd. 3.
Sanctions.
The commissioner shall impose severe and meaningful sanctions
for violating the conditions of an intensive community supervision program. The
commissioner shall provide for revocation of intensive community supervision of an offender
who:
(1) commits a material violation of or repeatedly fails to follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of
alcohol or controlled substances. The revocation of intensive community supervision is
governed by the procedures in the commissioner's rules adopted under section 244.05,
subdivision 2.
An offender whose intensive community supervision is revoked shall be imprisoned for
a time period equal to the offender's term of imprisonment, but in no case for longer than
the time remaining in the offender's sentence. "Term of imprisonment" means a time period
equal to deleted text begin two-thirdsdeleted text end new text begin three-fourthsnew text end of the sentence originally executed by the sentencing court,
minus jail credit, if any.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to persons
sentenced on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2020, section 244.171, subdivision 4, is amended to read:
Subd. 4.
Sanctions.
The commissioner shall impose severe and meaningful sanctions
for violating the conditions of the challenge incarceration program. The commissioner shall
remove an offender from the challenge incarceration program if the offender:
(1) commits a material violation of or repeatedly fails to follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of
alcohol or controlled substances. The removal of an offender from the challenge incarceration
program is governed by the procedures in the commissioner's rules adopted under section
244.05, subdivision 2.
An offender who is removed from the challenge incarceration program shall be
imprisoned for a time period equal to the offender's term of imprisonment, minus earned
good time if any, but in no case for longer than the time remaining in the offender's sentence.
"Term of imprisonment" means a time period equal to deleted text begin two-thirdsdeleted text end new text begin three-fourthsnew text end of the sentence
originally executed by the sentencing court, minus jail credit, if any.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to persons
sentenced on or after that date.
new text end