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HF 2027

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 02:26pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/08/2021

Current Version - as introduced

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A bill for an act
relating to public safety; establishing eligibility for release for individuals sentenced
to life in prison for crimes committed while under the age of 18; establishing
eligibility for early supervised release for certain individuals sentenced for crimes
committed while under the age of 18; establishing a Juvenile Release Board;
providing for review by the court of appeals; amending Minnesota Statutes 2020,
sections 244.05, subdivisions 1b, 4, 5, by adding a subdivision; 244.101, subdivision
1; 480A.06, subdivision 4; 609.106, subdivision 2, by adding a subdivision;
609.3455, subdivisions 2, 5; proposing coding for new law in Minnesota Statutes,
chapter 244.

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

Section 1.

Minnesota Statutes 2020, section 244.05, subdivision 1b, is amended to read:


Subd. 1b.

Supervised release; offenders who commit crimes on or after August 1,
1993.

(a) Except as provided in subdivisions 4new text begin, 4a,new text end and 5, every inmate sentenced to prison
for a felony offense committed on or after August 1, 1993, shall serve a supervised release
term upon completion of the inmate's term of imprisonment and any disciplinary confinement
period imposed by the commissioner due to the inmate's violation of any disciplinary rule
adopted by the commissioner or refusal to participate in a rehabilitative program required
under section 244.03. The amount of time the inmate serves on supervised release shall be
equal in length to the amount of time remaining in the inmate's executed sentence after the
inmate has served the term of imprisonment and any disciplinary confinement period imposed
by the commissioner.

(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary sanction or until
the inmate is discharged or released from punitive segregation confinement, whichever is
later. The imposition of a disciplinary confinement period shall be considered to be a
disciplinary sanction imposed upon an inmate, and the procedure for imposing the
disciplinary confinement period and the rights of the inmate in the procedure shall be those
in effect for the imposition of other disciplinary sanctions at each state correctional institution.

Sec. 2.

Minnesota Statutes 2020, section 244.05, subdivision 4, is amended to read:


Subd. 4.

Minimum imprisonment, life sentence.

(a) An inmate serving a mandatory
life sentence under section 609.106new text begin, subdivision 2,new text end or 609.3455, subdivision 2, new text beginparagraph
(a),
new text endmust not be given supervised release under this section.

(b) new text beginExcept as provided in paragraph (f), new text endan inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6); or Minnesota Statutes 2004,
section 609.109, subdivision 3, must not be given supervised release under this section
without having served a minimum term of 30 years.

(c) new text beginExcept as provided in paragraph (f), new text endan inmate serving a mandatory life sentence
under section 609.385 must not be given supervised release under this section without having
served a minimum term of imprisonment of 17 years.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3
or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.

new text begin (e) An inmate serving a mandatory life sentence under section 609.106, subdivision 3,
or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under this
section without having served a minimum term of imprisonment of 15 years.
new text end

new text begin (f) An inmate serving a mandatory life sentence for a crime described in paragraph (b)
or (c) who was under 18 years of age at the time of the commission of the offense must not
be given supervised release under this section without having served a minimum term of
imprisonment of 15 years.
new text end

Sec. 3.

Minnesota Statutes 2020, section 244.05, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Eligibility for early supervised release; offenders who were under 18 at
the time of offense.
new text end

new text begin (a) Notwithstanding any other provision of law, any person who was
under the age of 18 at the time of the commission of an offense is eligible for early supervised
release if the person is serving an executed sentence that includes a term of imprisonment
of more that 15 years or separate, consecutive executed sentences for two or more crimes
that include combined terms of imprisonment that total more than 15 years.
new text end

new text begin (b) A person eligible for early supervised release under paragraph (a) must be considered
for early supervised release pursuant to section 244.0515 after serving 15 years of
imprisonment.
new text end

new text begin (c) Where the person is serving separate, consecutive executed sentences for two or
more crimes, the person may be granted early supervised release on all sentences.
new text end

Sec. 4.

Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:


Subd. 5.

Supervised release, life sentence.

(a) new text beginExcept as provided in section 244.0515,
new text end the commissioner of corrections may, under rules promulgated by the commissioner, give
supervised release to an inmate serving a mandatory life sentence under section 609.185,
paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4; 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.

(b) The commissioner shall require the preparation of a community investigation report
and shall consider the findings of the report when making a supervised release decision
under this subdivision. The report shall reflect the sentiment of the various elements of the
community toward the inmate, both at the time of the offense and at the present time. The
report shall include the views of the sentencing judge, the prosecutor, any law enforcement
personnel who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision. The report shall also
include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.

(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's supervised release review hearing. The victim has a right
to submit an oral or written statement at the review hearing. 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 inmate should be given supervised release at this time. The commissioner
must consider the victim's statement when making the supervised release decision.

(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at a
minimum, the following: the risk the inmate poses to the community if released, the inmate's
progress in treatment, the inmate's behavior while incarcerated, psychological or other
diagnostic evaluations of the inmate, the inmate's criminal history, and any other relevant
conduct of the inmate while incarcerated or before incarceration. The commissioner may
not give supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

(e) As used in this subdivision, "victim" means the individual who suffered harm as a
result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse
or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 5.

new text begin [244.0515] JUVENILE REVIEW BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Board. new text end

new text begin The Juvenile Review Board is created with the power and duties
established by subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The board consists of seven members as follows:
new text end

new text begin (1) the commissioner of corrections or the commissioner's designee;
new text end

new text begin (2) the commissioner of human services or the commissioner's designee;
new text end

new text begin (3) the commissioner of public safety or the commissioner's designee;
new text end

new text begin (4) the attorney general or the attorney general's designee; and
new text end

new text begin (5) three at-large members with expertise in the neurodevelopment of youth, appointed
by the governor.
new text end

new text begin (b) The board shall select one of its members to serve as chair.
new text end

new text begin Subd. 3. new text end

new text begin Terms, compensation, and removal. new text end

new text begin The membership terms, compensation,
and removal of members and the filling of membership vacancies is as provided in section
15.0575.
new text end

new text begin Subd. 4. new text end

new text begin Powers and duties. new text end

new text begin (a) Consistent with the requirements of this section, the
board has authority to grant supervised release to an inmate who was under 18 years of age
at the time of the commission of the offense and is serving a mandatory life sentence; an
executed sentence that includes a term of imprisonment of more that 15 years; or separate,
consecutive executed sentences for two or more crimes that include combined terms of
imprisonment that total more than 15 years.
new text end

new text begin (b) The board may give supervised release to an inmate described in paragraph (a) after
the inmate has served the minimum term of imprisonment specified by the court or 15 years,
whichever is earlier.
new text end

new text begin (c) Where an inmate is serving multiple sentences that are concurrent to one another,
the board must grant or deny supervised release on all sentences. Notwithstanding any law
to the contrary, where an inmate is serving multiple sentences that are consecutive to one
another, the court may grant or deny supervised release on one or more sentences.
new text end

new text begin (d) The board shall conduct an initial supervised release review hearing as soon as
practicable after the inmate has served the applicable minimum term of imprisonment.
Hearings for inmates eligible for a review hearing on or before July 1, 2021, shall take place
before July 1, 2022.
new text end

new text begin (e) If the inmate is not released at the initial supervised release review hearing, the board
shall conduct subsequent review hearings until the inmate's release. Review hearings shall
not be scheduled to take place within six months of a previous hearing or more than three
years after a previous hearing.
new text end

new text begin (f) The board may order that an inmate be placed on intensive supervised release for all
or part of the inmate's supervised release pursuant to section 244.05, subdivision 6.
new text end

new text begin Subd. 5. new text end

new text begin Administrative services. new text end

new text begin The commissioner of corrections shall provide
adequate office space and administrative services for the board and the board shall reimburse
the commissioner for the space and services provided. The board may also utilize, with their
consent, the services, equipment, personnel, information, and resources of other state
agencies; and may accept voluntary and uncompensated services, contract with individuals
and public and private agencies, and request information, reports, and data from any agency
of the state or any of its political subdivisions to the extent authorized by law.
new text end

new text begin Subd. 6. new text end

new text begin Development report. new text end

new text begin (a) Except as provided in paragraph (b), the board shall
require the preparation of a development report and shall consider the findings of the report
when making a supervised release decision under this section. The report shall be prepared
by a mental health professional as defined in section 245.462, subdivision 18, clauses (1)
to (4) or (6), and shall address the cognitive, emotional, and social maturity of the inmate.
new text end

new text begin (b) If a development report was prepared within the 12 months immediately proceeding
the hearing, the board may rely on that report.
new text end

new text begin Subd. 7. new text end

new text begin Victim statement. new text end

new text begin The board shall make reasonable efforts to notify the victim,
in advance, of the time and place of the inmate's supervised release review hearing. The
victim has a right to submit an oral or written statement at the review hearing. 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 inmate should be given supervised release at this time. The
board must consider the victim's statement when making the supervised release decision.
As used in this subdivision, "victim" means the individual who suffered harm as a result of
the inmate's crime or, if the individual is deceased, the deceased's surviving spouse or next
of kin.
new text end

new text begin Subd. 8. new text end

new text begin Review hearing; notice. new text end

new text begin (a) At least 90 days before a supervised release review
hearing, the commissioner of corrections shall notify the inmate of the time and place of
the hearing and that the inmate has the right to be present at the hearing, request appointment
of counsel, access the inmate's prison file prior to the hearing, and submit written arguments
to the board prior to the hearing.
new text end

new text begin (b) The inmate may make oral arguments to the board at the hearing.
new text end

new text begin Subd. 9. new text end

new text begin Considerations. new text end

new text begin (a) When considering whether to give supervised release to
an inmate serving a mandatory life sentence the board shall consider, at a minimum, the
following:
new text end

new text begin (1) the development report;
new text end

new text begin (2) the victim statement, if any;
new text end

new text begin (3) the risk the inmate poses to the community if released;
new text end

new text begin (4) the inmate's progress in treatment;
new text end

new text begin (5) the inmate's behavior while incarcerated;
new text end

new text begin (6) any additional psychological or other diagnostic evaluations of the inmate;
new text end

new text begin (7) the inmate's criminal history;
new text end

new text begin (8) whether the inmate is serving consecutive sentences; and
new text end

new text begin (9) any other relevant conduct of the inmate while incarcerated or before incarceration.
new text end

new text begin (b) In making its decision, the board must consider relevant science regarding the
neurological development of juveniles and shall prioritize information regarding the inmate's
maturity and rehabilitation while incarcerated.
new text end

new text begin (c) Except as provided in paragraph (d), the board may not give supervised release to
the inmate unless:
new text end

new text begin (1) while in prison:
new text end

new text begin (i) if applicable, the inmate has successfully completed appropriate sex offender treatment;
new text end

new text begin (ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and
new text end

new text begin (iii) the inmate has been assessed for mental health needs and, if appropriate, has been
provided mental health treatment; and
new text end

new text begin (2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.
new text end

new text begin (d) The board shall not deny supervised release to an inmate pursuant to paragraph (c)
if the appropriate assessments, treatment, or planning were not made available to the inmate.
new text end

new text begin Subd. 10. new text end

new text begin Findings of the board. new text end

new text begin Within 30 days after a supervised release hearing, the
board shall issue its decision on granting release, including a statement of reasons for that
decision. If the board does not grant supervised release, the statement of the reasons for that
denial must identify specific steps the inmate can take to increase the likelihood that release
will be granted at a future hearing.
new text end

new text begin Subd. 11. new text end

new text begin Review by court of appeals. new text end

new text begin When the board has issued its findings, an inmate
who acts within 30 days from the date the inmate received the findings may have the order
reviewed by the court of appeals upon either of the following grounds:
new text end

new text begin (1) the order does not conform with this section; or
new text end

new text begin (2) the findings of fact and order were unsupported by substantial evidence in view of
the entire record as submitted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, section 244.101, subdivision 1, is amended to read:


Subdivision 1.

Executed sentences.

new text beginExcept as provided in section 244.05, subdivision
4a,
new text endwhen 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 two-thirds of the executed sentence; and
(2) a specified maximum supervised release term that is equal to one-third 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.

Sec. 7.

Minnesota Statutes 2020, section 480A.06, subdivision 4, is amended to read:


Subd. 4.

Administrative review.

The court of appeals shall have jurisdiction to review
on the record the validity of administrative rules, as provided in sections 14.44 and 14.45,
deleted text begin anddeleted text end the decisions of administrative agencies in contested cases, as provided in sections
14.63 to 14.69new text begin, and the decisions of the Juvenile Review Board as provided in section
244.0515
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2020, section 609.106, subdivision 2, is amended to read:


Subd. 2.

Life without release.

new text beginExcept as provided in subdivision 3, new text endthe court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:

(1) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (1), (2), (4), or (7);

(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, paragraph (a), clause (3); or

(3) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (3), (5), or (6), and the court determines on the record at the time of sentencing that
the person has one or more previous convictions for a heinous crime.

Sec. 9.

Minnesota Statutes 2020, section 609.106, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Offender under age 18; life imprisonment. new text end

new text begin The court shall sentence a person
who was under 18 years of age at the time of the commission of an offense under the
circumstances described in subdivision 2 to imprisonment for life.
new text end

Sec. 10.

Minnesota Statutes 2020, section 609.3455, subdivision 2, is amended to read:


Subd. 2.

Mandatory life sentence without release; egregious first-time and repeat
offenders.

(a) new text beginExcept as provided in paragraph (c), new text endnotwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person convicted
under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or 609.343,
subdivision 1
, paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, or 609.344, and the fact finder determines that a heinous element exists for the
present offense.

(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.

new text begin (c) The court shall sentence a person who was under 18 years of age at the time of the
commission of an offense described in paragraph (a) to imprisonment for life.
new text end

Sec. 11.

Minnesota Statutes 2020, section 609.3455, subdivision 5, is amended to read:


Subd. 5.

Life sentences; minimum term of imprisonment.

At the time of sentencing
under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum sentence, that must be
served before the offender may be considered for supervised release.new text begin If the offender was
under 18 years of age at the time of the commission of the offense, the minimum term of
imprisonment specified by the court shall not exceed 15 years.
new text end

Sec. 12. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 3, 6, and 8 to 11 are effective the day following final enactment and apply
to offenders sentenced on or after that date, and retroactively to offenders:
new text end

new text begin (1) sentenced to life imprisonment without possibility of release following a conviction
under Minnesota Statutes, section 609.185, paragraph (a), for an offense committed when
the offender was under 18 years of age and when a sentence was imposed pursuant to
Minnesota Statutes, section 609.106, subdivision 2;
new text end

new text begin (2) sentenced to life imprisonment without possibility of release following a conviction
under Minnesota Statutes, section 609.3455, subdivision 2, for an offense committed when
the offender was under 18 years of age;
new text end

new text begin (3) sentenced to life imprisonment under Minnesota Statutes, section 609.185, paragraph
(a), clause (3), (5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, for
an offense committed when the offender was under 18 years of age;
new text end

new text begin (4) sentenced to life imprisonment under Minnesota Statutes, section 609.385, for an
offense committed when the offender was under 18 years of age;
new text end

new text begin (5) sentenced to life imprisonment under Minnesota Statutes, section 609.3455,
subdivision 3
or 4, if the minimum term of imprisonment specified by the court in its sentence
exceeds 15 years for an offense committed when the offender was under 18 years of age;
or
new text end

new text begin (6) sentenced to an executed sentence that includes a term of imprisonment of more than
15 years or separate, consecutive executed sentences for two or more crimes that include
combined terms of imprisonment that total more than 15 years for an offense committed
when the offender was under 18 years of age.
new text end