SF 645

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to public safety; modifying and expanding the conditional release
program for nonviolent drug offenders; including an advisory board for
consultation with the commissioner of public safety for the conditional release
program; repealing the program's sunset; amending Minnesota Statutes 2008,
section 244.055, subdivisions 2, 3, 5, 7, by adding subdivisions; repealing
Minnesota Statutes 2008, section 244.055, subdivisions 6, 11.

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

Section 1.

Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:

Subd. 2.

Conditional release of certain nonviolent controlled substance
offenders new text begin and nonviolent nondrug offenders new text end .

An offender who has been committed to
the commissioner's custody may petition the commissioner for conditional release from
prison before the offender's scheduled supervised release date or target release date if:

(1) the offender is serving a sentence for violating section 152.021, subdivision 2
or 2a; 152.022 deleted text begin , subdivision 2 deleted text end ; 152.023; 152.024; or 152.025 new text begin , or serving a sentence for a
nonviolent nondrug offense new text end ;

(2) the offender committed the crime as a result of a controlled substance addiction deleted text begin ,
and not primarily for profit deleted text end ;

(3) the offender has served at least 36 months or one-half of the offender's term of
imprisonment, whichever is less;

(4) the offender successfully completed a chemical dependency treatment program
of the type described in this section while in prison;

(5) the offender has not previously been conditionally released under this section; and

(6) the offender has not within the past ten years been convicted or adjudicated
delinquent for a violent crime as defined in section 609.1095 other than the current
conviction for the controlled substance offense new text begin or nonviolent nondrug offense new text end .

Sec. 2.

Minnesota Statutes 2008, section 244.055, subdivision 3, is amended to read:

Subd. 3.

Offer of chemical dependency treatment.

The commissioner shall offer
all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and (6),
the opportunity to begin a suitable chemical dependency treatment program of the type
described in this section within 160 days after the offender's term of imprisonment begins
or as soon after 160 days as possible. new text begin In making the determination under subdivision 2,
clause (2), that the offender has a controlled substance addiction, the commissioner shall
consider the chemical dependency assessment completed at intake, and that the offender is
more suitable for early release, the commissioner shall consider validated risk assessment
tools such as the Level of Service Inventory-Revised (LSI-R).
new text end

Sec. 3.

Minnesota Statutes 2008, section 244.055, subdivision 5, is amended to read:

Subd. 5.

Additional requirements.

To be eligible for release under this section,
an offender shall sign a written contract with the commissioner agreeing to comply with
the requirements of this section and the conditions imposed by the commissioner. deleted text begin In
addition to other items, the contract must specifically refer to the term of imprisonment
extension in subdivision 6. deleted text end In addition, the offender shall agree to submit to random drug
and alcohol tests and electronic or home monitoring as determined by the commissioner or
the offender's supervising agent. The commissioner may impose additional requirements
on the offender that are necessary to carry out the goals of this section.

Sec. 4.

Minnesota Statutes 2008, section 244.055, subdivision 7, is amended to read:

Subd. 7.

Release procedures.

new text begin After consulting with the panel of judges created
under subdivision 7a, new text end the commissioner may deny conditional release to an offender under
this section if the commissioner determines that the offender's release may reasonably pose
a danger to the public or an individual. In making this determination, the commissioner
shall follow the procedures contained in section 244.05, subdivision 5, and the rules
adopted by the commissioner under that subdivision. The commissioner shall consider
whether the offender was involved in criminal gang activity during the offender's prison
term. The commissioner shall also consider the offender's custody classification and
level of risk of violence and the availability of appropriate community supervision for
the offender. Conditional release granted under this section continues until the offender's
sentence expires, unless release is rescinded under subdivision 8. The commissioner
may not grant conditional release unless a release plan is in place for the offender that
addresses, at a minimum, plans for aftercare, community-based chemical dependency
treatment, gaining employment, and securing housing.

Sec. 5.

Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Panel of judges. new text end

new text begin The Chief Justice of the Supreme Court shall appoint
three retired judges to advise the commissioner of corrections on eligibility decisions
made under this section.
new text end

Sec. 6.

Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Savings used for drug treatment. new text end

new text begin The commissioner shall use any
savings realized from the early release of offenders under this section for chemical
dependency treatment programs in state correctional facilities.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 244.055, subdivisions 6 and 11, new text end new text begin are repealed.
new text end