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Minnesota Legislature

Office of the Revisor of Statutes

SF 2761

as introduced - 91st Legislature (2019 - 2020) Posted on 04/01/2019 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to corrections; establishing a Clemency Review Commission; modifying
Board of Pardons procedures; making clarifying changes; amending Minnesota
Statutes 2018, sections 638.01; 638.02, subdivisions 1, 2; 638.04; 638.06; 638.07;
638.075; 638.08.

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

Section 1.

Minnesota Statutes 2018, section 638.01, is amended to read:


638.01 BOARD OF PARDONS; HOW CONSTITUTED; POWERS.

new text begin Subdivision 1. new text end

new text begin Board of Pardons. new text end

The Board of Pardons shall consist of the governor,
the chief justice of the supreme court, and the attorney general. The deleted text beginboarddeleted text endnew text begin governor, in
conjunction with the Board of Pardons,
new text end may grant pardons and reprieves and commute the
sentence of any person convicted of any offense against the laws of the state, in the manner
and under the conditions and rules hereinafter prescribed, but not otherwise.

new text begin Subd. 2. new text end

new text begin Clemency Review Commission. new text end

new text begin (a) The Clemency Review Commission shall
consist of nine members, each serving a four-year term. The commission shall review
applications for pardons, pardons extraordinary, reprieves, and commutations before the
applications are considered by the Board of Pardons.
new text end

new text begin (b) The governor, the attorney general, and the chief justice of the supreme court shall
each appoint three members and thereafter replace members upon expiration of their terms.
A person may serve no more than two terms on the commission.
new text end

new text begin (c) The commission shall make a positive or negative recommendation by majority vote
as to each petition submitted, with the vote of each commission member reported to the
Board of Pardons.
new text end

new text begin (d) The commission shall biannually elect one of its members as chair and one as
vice-chair. The chair of the commission shall serve as the secretary of the Board of Pardons.
new text end

Sec. 2.

Minnesota Statutes 2018, section 638.02, subdivision 1, is amended to read:


Subdivision 1.

Absolute or conditional pardons; commutation of sentences.

The
Board of Pardons may grant an absolute or a conditional pardon, but every conditional
pardon shall state the terms and conditions on which it was granted. Every pardon or
commutation of sentence shall be in writing and shall have no force or effect unless granted
by a deleted text beginunanimousdeleted text endnew text begin majoritynew text end vote of the board duly convenednew text begin, with the governor in that majoritynew text end.

Sec. 3.

Minnesota Statutes 2018, section 638.02, subdivision 2, is amended to read:


Subd. 2.

Petition; pardon extraordinary.

Any person, convicted of a crime in any
court of this state, who has served the sentence imposed by the court and has been discharged
of the sentence either by order of court or by operation of law, may petition the Board of
Pardons for the granting of a pardon extraordinary. Unless the Board of Pardons expressly
provides otherwise in writing by deleted text beginunanimousdeleted text endnew text begin majoritynew text end votenew text begin, with the governor in that majoritynew text end,
the application for a pardon extraordinary may not be filed until the applicable time period
in clause (1) or (2) has elapsed:

(1) if the person was convicted of a crime of violence as defined in section 624.712,
subdivision 5
, ten years must have elapsed since the sentence was discharged and during
that time the person must not have been convicted of any other crime; and

(2) if the person was convicted of any crime not included within the definition of crime
of violence under section 624.712, subdivision 5, five years must have elapsed since the
sentence was discharged and during that time the person must not have been convicted of
any other crime.

If the Board of Pardonsnew text begin, by majority vote with the governor in that majority,new text end determines
that the person is of good character and reputation, the board may, in its discretion, grant
the person a pardon extraordinary. The pardon extraordinary, when granted, has the effect
of setting aside and nullifying the conviction and of purging the person of it, and the person
shall never after that be required to disclose the conviction at any time or place other than
in a judicial proceeding or as part of the licensing process for peace officers.

The application for a pardon extraordinary, the proceedings to review an application,
and the notice requirements are governed by the statutes and the rules of the board new text beginand the
Clemency Review Commission
new text endin respect to other proceedings before the boardnew text begin and the
commission, respectively
new text end. The application shall contain any further information that the
board may require.

Sec. 4.

Minnesota Statutes 2018, section 638.04, is amended to read:


638.04 MEETINGS.

The Board of Pardons shall hold meetings at least twice each year and shall hold a
meeting whenever it takes formal action on an application for a pardon or commutation of
sentence. All board meetings shall be open to the public as provided in chapter 13D.

new text begin The Clemency Review Commission shall hold meetings at least four times each year to
review petitions for clemency, hold public hearings for petitioners, and make
recommendations to the board on each petition seeking pardon, commutation, or pardon
extraordinary. All commission meetings shall be open to the public as provided in chapter
13D.
new text end

The victim of an applicant's crime has a right to submit an oral or written statement at
the meetingnew text begin or hearing of the commission regarding that applicantnew text end. The statement may
summarize the harm suffered by the victim as a result of the crime and give the victim's
recommendation on whether the application for a pardon or commutation should be granted
or denied. In addition, any law enforcement agency may submit an oral or written statement
at the meeting, giving its recommendation on whether the application should be granted or
denied. The deleted text beginboarddeleted text endnew text begin commissionnew text end must consider the victim's and the law enforcement agency's
statement when making its deleted text begindecisiondeleted text endnew text begin recommendationnew text end on the application.new text begin The commission
shall provide to the board, with the commission's recommendations, any statement made
by the victim of the crime or the law enforcement agency.
new text end

Sec. 5.

Minnesota Statutes 2018, section 638.06, is amended to read:


638.06 ACTION ON APPLICATION.

Every application for relief by the Pardon Board shall be filed with the deleted text beginsecretary of the
Board of Pardons
deleted text endnew text begin Clemency Review Commissionnew text end not less than 60 days before the meeting
of the deleted text beginboarddeleted text endnew text begin commissionnew text end at which consideration of the application is desired. If an application
for a pardon or commutation has been once heard and denied on the merits, no subsequent
application shall be filed without the consent of two members of the board endorsed on the
application. Immediately on receipt of any application, the secretary to the board shall mail
notice of the application, and of the time and place of hearing on it, to the judge of the court
where the applicant was tried and sentenced, and to the prosecuting attorney who prosecuted
the applicant, or a successor in office. Additionally, the deleted text beginsecretarydeleted text endnew text begin commissionnew text end shall publish
notice of an application for a pardon extraordinary in the local newspaper of the county
where the crime occurred. The deleted text beginsecretarydeleted text endnew text begin commissionnew text end shall also make all reasonable efforts
to locate any victim of the applicant's crime. The deleted text beginsecretarydeleted text endnew text begin commissionnew text end shall mail notice of
the application and the time and place of the hearing to any victim who is located. This
notice shall specifically inform the victim of the victim's right to be present at the hearing
and to submit an oral or written statement to the board as provided in section 638.04.

Sec. 6.

Minnesota Statutes 2018, section 638.07, is amended to read:


638.07 RECORDS; SECRETARY.

The deleted text beginBoard of Pardonsdeleted text endnew text begin Clemency Review Commissionnew text end shall keep a record of every
petition received, and of every pardon, reprieve, or commutation of sentence granted or
refused, and the reasons assigned therefor, and shall have a seal, with which every pardon,
reprieve, or commutation of sentence shall be attested. It may adopt such additional necessary
and proper rules as are not inconsistent herewith. deleted text beginThe commissioner of corrections or a
designee shall be the secretary of the board. The commissioner shall have charge of and
keep its records and perform such other duties as the board may from time to time direct.
The commissioner
deleted text endnew text begin The commissionnew text end is hereby authorized and empowered to serve subpoenas
and other writs or processes necessary deleted text beginto return parole violators to prison, anddeleted text end to bring
before the board witnesses to be heard in matters pending before it. The records and all the
files shall be kept and preserved by the deleted text beginsecretarydeleted text endnew text begin commissionnew text end, and shall be open to public
inspection at all reasonable times.

Sec. 7.

Minnesota Statutes 2018, section 638.075, is amended to read:


638.075 ANNUAL REPORTS TO LEGISLATURE.

By February 15 of each year, the deleted text beginBoard of Pardonsdeleted text endnew text begin Clemency Review Commissionnew text end shall
file a written report with the legislature containing the following information:

(1) the number of applications received by the deleted text beginboarddeleted text endnew text begin commissionnew text end during the preceding
calendar year for pardons, pardons extraordinary, and commutations of sentencenew text begin, and the
recommendations made by the commission for each category, along with the crimes for
which each petition applied, the year of each conviction, and the age of the offender at the
time of the offense
new text end;

(2) the number of applications grantednew text begin and deniednew text end by the Board new text beginof Pardons new text endfor each
category; and

(3) the crimes for which the applications were grantednew text begin or deniednew text end by the Boardnew text begin of Pardonsnew text end,
the year of each conviction, and the age of the offender at the time of the offense.

Sec. 8.

Minnesota Statutes 2018, section 638.08, is amended to read:


638.08 ISSUANCE OF PROCESS; WITNESSES; STANDING APPROPRIATION.

Thenew text begin Clemency Review Commission and thenew text end Board of Pardons may issue process requiring
the presence of any person or officer before it, with or without books and papers, in any
matter pending, and may take such reasonable steps in the matter as it may deem necessary
to a proper determination thereof. When any person is summoned before the board by its
authority, the person may be allowed such compensation for travel and attendance as it may
deem reasonable.