SF 3465

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:53pm

A bill for an act
relating to public safety; requiring probation and parole agents to consider and
recommend local options to address technical violations by offenders with mental
illness; providing courts with additional information and discretion regarding
defendants with mental illness; amending Minnesota Statutes 2018, sections 243.05,
subdivisions 1, 6; 244.05, subdivisions 2, 3; 244.19, subdivision 3; 244.198, by
adding a subdivision; 609.1055; 609.115, by adding a subdivision; 609.14,
subdivision 2a; 611.026; 629.53.

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

Section 1.

Minnesota Statutes 2018, section 243.05, subdivision 1, is amended to read:

Subdivision 1.

Conditional release.

(a) The commissioner of corrections may parole
any person sentenced to confinement in any state correctional facility for adults under the
control of the commissioner of corrections, provided that:

(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;

(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;

(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.

(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.

(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.

(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.

(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.

(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.

(h) Unless the district court directs otherwise, state parole and probation agents may
require a person who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the offender's rehabilitation, or both. Agents may impose up to eight hours of community
work service for each violation and up to a total of 24 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community work services, for a total
of 64 hours per offender per 12-month period, beginning with the date on which community
work service is first imposed. At the time community work service is imposed, parole and
probation agents are required to provide written notice to the offender that states:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed for the violation; and

(3) the total number of hours of community work service imposed to date in the 12-month
period.

An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.

Community work service includes sentencing to service.

(i) Prior to revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient chemical dependency treatment. If a probation or parole agent
determines that community options are appropriate, the agent shall seek to restructure the
offender's terms of release to incorporate those options. If an offender on probation stipulates
in writing to restructure the terms of release, a probation agent must forward a report to the
district court containing:

(1) the specific nature of the technical violation of probation;

(2) the recommended restructure to the terms of probation; and

(3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.

The recommended restructuring of probation becomes effective when confirmed by a
judge. The order of the court shall be proof of such confirmation and amend the terms of
the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
offender's parole or probation is revoked, the offender's agent must first attempt to place
the offender in a local jail. deleted text begin For purposes of this paragraph, "nonviolent controlled substance
offender" is a person who meets the criteria described under section 244.0513, subdivision
2, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
of probation or a condition of parole, except an allegation of a subsequent criminal act that
is alleged in a formal complaint, citation, or petition.
deleted text end

new text begin (j) Prior to revoking the parole or probation of an offender based on a technical violation,
a parole or probation agent must identify community options to address and correct the
violation, including but not limited to inpatient mental health treatment if the offender has
a mental illness, does not present a risk to the public, and is amenable to continued
supervision in the community. If a probation or parole agent determines that community
options are appropriate, the agent shall seek to restructure the offender's terms of release to
incorporate those options. If an offender on probation stipulates in writing to restructure
the terms of release, a probation agent must forward a report to the district court containing:
new text end

new text begin (1) the specific nature of the technical violation of probation;
new text end

new text begin (2) the recommended restructure to the terms of probation; and
new text end

new text begin (3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
new text end

new text begin The recommended restructuring of probation becomes effective when confirmed by a
judge. The order of the court shall be proof of such confirmation and amend the terms of
the sentence imposed by the court under section 609.135.
new text end

new text begin (k) For purposes of this subdivision, "nonviolent controlled substance offender" is a
person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
(2), and (5); "technical violation" means any violation of a court order of probation or a
condition of parole, except an allegation of a subsequent criminal act that is alleged in a
formal complaint, citation, or petition; and "mental illness" has the meaning given in section
245.462, subdivision 20, paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2018, section 243.05, subdivision 6, is amended to read:

Subd. 6.

Supervision by commissioner of corrections; agents.

(a) The commissioner
of corrections, as far as possible, shall exercise supervision over persons released on parole
or probation pursuant to this section and section 242.19.

(b) The commissioner of corrections shall exercise supervision over probationers as
provided in section 609.135, and over persons conditionally released pursuant to section
241.26.

(c) For the purposes of deleted text begin clauses deleted text end new text begin paragraphs new text end (a) and (b), and sections 609.115 and 609.135,
subdivision 1, the commissioner shall appoint state agents who shall be in the classified
service of the state civil service. The commissioner may also appoint suitable persons in
any part of the state or enter into agreements with individuals and public or private agencies,
for the same purposes, and pay the costs incurred under the agreements. Each agent or
person shall perform the duties the commissioner may prescribe in behalf of or in the
supervision of those persons described in deleted text begin clause deleted text end new text begin paragraph new text end (b). In addition, each agent or
person shall act under the orders of the commissioner in the supervision of those persons
conditionally released as provided in deleted text begin clause deleted text end new text begin paragraph new text end (a). Agents shall provide assistance
to conditionally released persons in obtaining employment, and shall conduct relevant
investigations and studies of persons under supervision upon the request of the commissioner.
new text begin Agents supervising a person as described in paragraphs (a) and (b) who has a mental illness,
as defined in section 245.462, subdivision 20, paragraph (a), shall provide assistance to the
supervised person in obtaining appropriate mental health services; determine if the person
is receiving case management services, including but not limited to targeted case management
pursuant to section 256B.0924; obtain appropriate permission to consult with case
management service providers; and ensure that conditions of supervision are consistent with
ongoing mental health treatment. new text end Regional supervisors may also supervise state parole
agents as directed by the commissioner of corrections. This duty shall not interfere with the
supervisor's responsibility under the County Probation Act, Laws 1959, chapter 698.

Sec. 3.

Minnesota Statutes 2018, section 244.05, subdivision 2, is amended to read:

Subd. 2.

Rules.

The commissioner of corrections shall adopt by rule standards and
procedures for the revocation of supervised or conditional release, and shall specify the
period of revocation for each violation of release. Procedures for the revocation of release
shall provide due process of law for the inmate. new text begin Procedures shall further include a
determination of whether the inmate has a mental illness, as defined in section 245.462,
subdivision 20, paragraph (a); whether the inmate is receiving case management services,
including but not limited to targeted case management pursuant to section 256B.0924; and
whether the revocation of supervised or conditional release is consistent with ongoing mental
health treatment.
new text end

Sec. 4.

Minnesota Statutes 2018, section 244.05, subdivision 3, is amended to read:

Subd. 3.

Sanctions for violation.

new text begin (a) new text end If an inmate violates the conditions of the inmate's
supervised release imposed by the commissioner, the commissioner may:

(1) continue the inmate's supervised release term, with or without modifying or enlarging
the conditions imposed on the inmate; or

(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
period of time.

new text begin (b) new text end Prior to revoking a nonviolent controlled substance offender's supervised release
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, the commissioner
must identify community options to address and correct the violation including, but not
limited to, inpatient chemical dependency treatment. If the commissioner determines that
community options are appropriate, the commissioner shall restructure the inmate's terms
of release to incorporate those options. If a nonviolent controlled substance offender's
supervised release is revoked, the offender's agent must first attempt to place the offender
in a local jail. deleted text begin For purposes of this subdivision, "nonviolent controlled substance offender"
is a person who meets the criteria described under section 244.0513, subdivision 2, clauses
(1), (2), and (5), and "technical violation" means a violation of a condition of supervised
release, except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.
deleted text end

new text begin (c) Prior to revoking the supervised release of an offender based on a technical violation,
the commissioner must identify community options to address and correct the violation,
including but not limited to inpatient mental health treatment if the offender has a mental
illness, does not present a risk to the public, and is amenable to continued supervision in
the community. If the commissioner determines that community options are appropriate,
the commissioner shall restructure the inmate's terms of release to incorporate those options.
new text end

new text begin (d) new text end The period of time for which a supervised release may be revoked may not exceed
the period of time remaining in the inmate's sentence, except that if a sex offender is
sentenced and conditionally released under Minnesota Statutes 2004, section 609.108,
subdivision 5, the period of time for which conditional release may be revoked may not
exceed the balance of the conditional release term.

new text begin (e) For purposes of this subdivision, "nonviolent controlled substance offender" is a
person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
(2), and (5); "technical violation" means a violation of a condition of supervised release,
except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition; and "mental illness" has the meaning given in section 245.462,
subdivision 20, paragraph (a).
new text end

Sec. 5.

Minnesota Statutes 2018, section 244.19, subdivision 3, is amended to read:

Subd. 3.

Powers and duties.

All county probation officers serving a district court shall
act under the orders of the court in reference to any person committed to their care by the
court, and in the performance of their duties shall have the general powers of a peace officer;
and it shall be their duty to make such investigations with regard to any person as may be
required by the court before, during, or after the trial or hearing, and to furnish to the court
such information and assistance as may be required; to take charge of any person before,
during or after trial or hearing when so directed by the court, and to keep such records and
to make such reports to the court as the court may order.

All county probation officers serving a district court shall, in addition, provide probation
and parole services to wards of the commissioner of corrections resident in the counties
they serve, and shall act under the orders of said commissioner of corrections in reference
to any ward committed to their care by the commissioner of corrections.

All probation officers serving a district court shall, under the direction of the authority
having power to appoint them, initiate programs for the welfare of persons coming within
the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the
community persons who come within the jurisdiction of the court and are properly subject
to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the
court, cooperate with all law enforcement agencies, schools, child welfare agencies of a
public or private character, and other groups concerned with the prevention of crime and
delinquency and the rehabilitation of persons convicted of crime and delinquency. new text begin All
probation officers serving a district court shall determine whether a person coming within
the jurisdiction of the court has a mental illness, as defined in section 245.462, subdivision
20, paragraph (a); determine whether the inmate is receiving case management services,
including but not limited to targeted case management pursuant to section 256B.0924; obtain
appropriate permission to consult with case management service providers; and ensure that
conditions of supervision are consistent with ongoing mental health treatment.
new text end

All probation officers serving a district court shall make monthly and annual reports to
the commissioner of corrections, on forms furnished by the commissioner, containing such
information on number of cases cited to the juvenile division of district court, offenses,
adjudications, dispositions, and related matters as may be required by the commissioner of
corrections.

Sec. 6.

Minnesota Statutes 2018, section 244.198, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Mental illness; preference for treatment. new text end

new text begin At a sanctions conference, a
probation agency must identify community options to address and correct a violation,
including but not limited to inpatient mental health treatment if the offender has a mental
illness, as defined in section 245.462, subdivision 20, paragraph (a), does not present a risk
to the public, and is amenable to continued supervision in the community. If the agency
determines that community options are appropriate, the county probation officer shall
recommend a sanction that incorporates those options.
new text end

Sec. 7.

Minnesota Statutes 2018, section 609.1055, is amended to read:

609.1055 OFFENDERS WITH deleted text begin SERIOUS AND PERSISTENT deleted text end MENTAL ILLNESS;
ALTERNATIVE PLACEMENT.

new text begin Subdivision 1. new text end

new text begin State correctional facility; alternative placement. new text end

When a court intends
to commit an offender with a serious and persistent mental illness, as defined in section
245.462, subdivision 20, paragraph (c), to the custody of the commissioner of corrections
for imprisonment at a state correctional facility, either when initially pronouncing a sentence
or when revoking an offender's probation, the court, when consistent with public safety,
may instead place the offender on probation or continue the offender's probation and require
as a condition of the probation that the offender successfully complete an appropriate
supervised alternative living program having a mental health treatment component. This
section applies only to offenders who would have a remaining term of imprisonment after
adjusting for credit for prior imprisonment, if any, of more than one year.

new text begin Subd. 2. new text end

new text begin Local correctional facility; alternative placement. new text end

new text begin When a court intends to
require an offender with a mental illness, as defined in section 245.462, subdivision 20,
paragraph (a), to serve incarceration in a county jail, a county regional jail, a county work
farm, a county workhouse, or other local correctional facility as a condition of probation or
an intermediate sanction, or intends to execute the nonfelony sentence of such an offender,
either when initially pronouncing a sentence or when revoking an offender's probation, the
court, when consistent with public safety, may instead place the offender on probation or
continue the offender's probation and require as a condition of the probation that the offender
successfully complete the least restrictive program which can meet the offender's treatment
needs.
new text end

Sec. 8.

Minnesota Statutes 2018, section 609.115, is amended by adding a subdivision to
read:

new text begin Subd. 8a. new text end

new text begin Mental health assessment. new text end

new text begin If a person is convicted of a felony, the probation
officer shall determine in the report prepared under subdivision 1 whether the person is
currently or has ever been the subject of an order issued pursuant to chapter 253B. If any
such order exists, the probation officer shall promptly notify the court, prosecuting attorney,
and defendant's attorney or, if the defendant is not represented by counsel, the defendant
of the existence of such an order. The court shall, before sentence is imposed, review any
order issued pursuant to chapter 253B and may consider the treatment recommendations of
any diagnosing or treating mental health professionals together with the treatment options
available to the defendant in imposing sentence.
new text end

Sec. 9.

Minnesota Statutes 2018, section 609.14, subdivision 2a, is amended to read:

Subd. 2a.

Alternatives to incarceration.

(a) A probation agent must present the court
with local options to address and correct the violation including, but not limited to, inpatient
chemical dependency treatment new text begin or mental health treatment new text end when the defendant at a summary
hearing provided by subdivision 2 is:

(1) a nonviolent controlled substance offender new text begin or has a mental illness new text end ;

(2) subject to supervised probation;

(3) appearing based on a technical violation; and

(4) admitting or found to have violated any of the conditions of probation.

(b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
(2), and (5) deleted text begin , and deleted text end new text begin ; new text end "technical violation" has the meaning given in section 244.196, subdivision
6 new text begin ; and "mental illness" has the meaning given in section 245.462, subdivision 20, paragraph
(a) new text end .

Sec. 10.

Minnesota Statutes 2018, section 611.026, is amended to read:

611.026 CRIMINAL RESPONSIBILITY OF PERSONS WITH A MENTAL
ILLNESS OR COGNITIVE IMPAIRMENT.

new text begin Subdivision 1. new text end

new text begin No criminal responsibility. new text end

No person having a mental illness or cognitive
impairment so as to be incapable of understanding the proceedings or making a defense
shall be tried, sentenced, or punished for any crime; but the person shall not be excused
from criminal liability except upon proof that at the time of committing the alleged criminal
act the person was laboring under such a defect of reason, from one of these causes, as not
to know the nature of the act, or that it was wrong.

new text begin Subd. 2. new text end

new text begin Mental illness; reduced culpability. new text end

new text begin Nothing in this section prohibits a court
from determining that a person's mental illness, as defined in section 245.462, subdivision
20, paragraph (a), or cognitive impairment constitutes a substantial factor that mitigates the
offender's culpability, although not excusing the person from criminal liability.
new text end

Sec. 11.

Minnesota Statutes 2018, section 629.53, is amended to read:

629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.

new text begin Subdivision 1. new text end

new text begin Pretrial release. new text end

A person charged with a criminal offense may be
released with or without bail in accordance with rule 6.02 of the Rules of Criminal Procedure new text begin
and this section new text end .

new text begin Subd. 2. new text end

new text begin Release conditions; mental health. new text end

new text begin (a) In addition to the considerations required
by the Rules of Criminal Procedure, when determining the conditions of release the court
must consider whether a condition is likely to result in the pretrial detention of a defendant
with a mental illness, as defined in section 245.462, subdivision 20, paragraph (a), and
whether it is more probable than not that the detention will interfere with ongoing mental
health treatment, including but not limited to receipt of prescribed medication. The court
shall impose the least restrictive conditions of release that will provide access to ongoing
mental health treatment and ensure the defendant's appearance and will not endanger the
public safety.
new text end

new text begin (b) The court must review conditions of release on request of any party and may amend
the conditions of release or make any other reasonable order upon receipt of information
that the pretrial detention of a defendant has interfered with ongoing mental health treatment.
new text end

new text begin Subd. 3. new text end

new text begin Money bail; disposition. new text end

Money bail is the property of the accused, whether
deposited by that person or by a third person on the accused's behalf. When money bail is
accepted by a judge, that judge shall order it to be deposited with the court administrator.
The court administrator shall retain it until the final disposition of the case and the final
order of the court disposing of the case. Upon release, the amount released must be paid to
the accused personally or upon that person's written order. In case of conviction, the judge
may order the money bail deposit to be applied to any fine or restitution imposed on the
defendant by the court and, if the fine or restitution is less than the deposit, order the balance
to be paid to the defendant. Money bail deposited with the court or any officer of it is exempt
from garnishment or levy under attachment or execution.