SF 4269

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/03/2024 10:32am

A bill for an act
relating to higher education; prohibiting postsecondary institutions from considering
certain criminal records during the application process; providing that postsecondary
education participation satisfies employment requirements for persons on postprison
supervised release; suspending student loan payments for incarcerated borrowers;
modifying the commissioner of corrections' authority relating to prison education
partnerships in certain instances; repealing the prohibition on the commissioner
of corrections paying for college costs of certain incarcerated persons; proposing
coding for new law in Minnesota Statutes, chapters 135A; 136A; 241; 244;
repealing Minnesota Statutes 2022, sections 241.265; 609B.311.

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

Section 1.

new text begin [135A.062] CONSIDERATION OF CRIMINAL RECORDS LIMITED.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to postsecondary institutions under
section 136A.155, except the Board of Regents of the University of Minnesota is requested
to comply with this section.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin As used in this section "a violent felony or sexual assault" includes
a felony-level violation or attempted violation of section 609.185; 609.19; 609.195; 609.20;
609.2112; 609.2113, subdivision 1 or 2; 609.2662; 609.2663; 609.2664; 609.268; 609.342;
609.343; 609.344; 609.345; 609.3451; 609.3458; or 609.749.
new text end

new text begin Subd. 3. new text end

new text begin Consideration of criminal records limited. new text end

new text begin A postsecondary institution may
not inquire into, consider, or require disclosure of the criminal record or criminal history
of an applicant for admission. After a postsecondary institution has made an offer of
admission, the postsecondary institution may inquire into, consider, or require disclosure
of a conviction that occurred within the previous five years for a violent felony or sexual
assault. The postsecondary institution must provide the applicant with an opportunity to
submit an explanatory statement, letters of recommendation, evidence of rehabilitation, and
any other supporting documents. The institution must provide clear and detailed instructions
and guidance to applicants related to what criminal history requires disclosure. The institution
must not require the applicant to provide official records of criminal history. A postsecondary
institution that rescinds an offer of admission must:
new text end

new text begin (1) provide an explanation of the basis for the decision to rescind the conditional offer;
and
new text end

new text begin (2) provide the applicant with an opportunity to appeal the decision to rescind.
new text end

new text begin Subd. 4. new text end

new text begin Other information. new text end

new text begin This section shall not prohibit or limit a postsecondary
institution from inquiring about student conduct records at the applicant's prior postsecondary
institution after making an offer of admission. This section shall not prohibit or limit a
postsecondary institution from inquiring about a student's ability to meet licensure
requirements in a professional program after making an offer of admission.
new text end

Sec. 2.

new text begin [136A.786] INCARCERATED STUDENT AID BORROWERS.
new text end

new text begin The commissioner of corrections shall collect information upon intake about incarcerated
persons who have self-identified as federal student aid borrowers. The commissioner of
corrections shall relay this information to the commissioner of higher education. The
commissioner of higher education shall assist incarcerated persons in enrolling in a federal
income-driven repayment plan in which there are no monthly payments or accrual of interest
for borrowers with earnings below the federal poverty guidelines.
new text end

Sec. 3.

new text begin [241.267] PRISON EDUCATION PARTNERSHIPS.
new text end

new text begin The commissioner may not enter into an agreement or establish a prison education
partnership with a higher education institution that:
new text end

new text begin (1) is organized as a private for-profit postsecondary institution as described in section
136A.62, subdivision 3, clause (2), item (ii); or
new text end

new text begin (2) charges incarcerated students a higher per-credit rate than the rate for nonincarcerated
students.
new text end

Sec. 4.

new text begin [244.60] SUPERVISED RELEASE EMPLOYMENT REQUIREMENT;
POSTSECONDARY EDUCATION.
new text end

new text begin If the commissioner of corrections imposes a requirement on a person placed on
supervised release that the person work or be employed, the commissioner shall provide
that enrollment and participation in postsecondary education satisfies this requirement.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 241.265; and 609B.311, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S4269-1

241.265 HIGHER EDUCATION; CERTAIN PAYMENTS PROHIBITED.

The commissioner may not pay for a college education program beyond the associate of arts degree level for an inmate convicted of first- or second-degree murder. The commissioner of corrections may only pay for an associate of arts college education program for an inmate convicted of first or second degree murder if the inmate's participation in the program does not increase the cost of the program to the institution.

609B.311 MURDER CONVICTION; HIGHER EDUCATION PAYMENTS FOR PRISON INMATES LIMITED.

Section 241.265 prohibits the commissioner of corrections from paying for certain higher education programs for an inmate convicted of first- or second-degree murder.