HF 963

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/07/2025 04:39pm

A bill for an act
relating to corrections; authorizing commissioner of corrections to revoke earned
incentive credits granted under Minnesota Rehabilitation and Reinvestment Act;
modifying earned incentive release and supervision abatement status; amending
Minnesota Statutes 2024, sections 244.41, subdivision 6; 244.44; 244.46,
subdivision 1.

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

Section 1.

Minnesota Statutes 2024, section 244.41, subdivision 6, is amended to read:

Subd. 6.

Earned compliance credit.

"Earned compliance credit" means a one-month
reduction from the period deleted text begin during deleted text end new text begin of new text end active supervision deleted text begin of deleted text end new text begin during new text end the supervised release term
for every two months that a supervised individual exhibits compliance with the conditions
and goals of the individual's supervision plan new text begin , and otherwise meets the criteria established
by the commissioner of corrections in policy new text end . new text begin If an individual earns sufficient earned
compliance credits, the commissioner must weigh risk to public safety, including the
individual's stability, behavior, or overall adjustment while on supervision before placement
on supervision abatement status. new text end Earned compliance credit also applies to a conditional
release term.

Sec. 2.

Minnesota Statutes 2024, section 244.44, is amended to read:

244.44 APPLYING EARNED INCENTIVE RELEASE CREDIT.

Earned incentive release credits are included in calculating the term of imprisonment
but are not added to the person's supervised release term, the total length of which remains
unchanged. The maximum amount of earned incentive release credit that can be earned and
subtracted from the term of imprisonment is 17 percent of the total executed sentence.
Earned credit cannot reduce the term of imprisonment to less than one-half of the incarcerated
person's executed sentence. deleted text begin Once earned, deleted text end Earned incentive release credits are deleted text begin nonrevocable deleted text end new text begin
revocable if the person violates rules of the facility where the person is incarcerated or
otherwise commits a criminal act while incarcerated new text end .

Sec. 3.

Minnesota Statutes 2024, section 244.46, subdivision 1, is amended to read:

Subdivision 1.

Adopting policy for earned compliance credit; supervision abatement
status.

(a) The commissioner must adopt a policy providing for earned compliance credit new text begin
and supervision abatement status, including the circumstances under which an individual
may receive earned compliance credits and transition to supervision abatement status new text end .

(b) Except as otherwise provided in the act, once the time served on active supervision
plus earned compliance credits equals the total length of the supervised release term new text begin or new text end , new text begin if
applicable, the aggregate length of the supervised release term and conditional release term,
the individual is eligible for supervision abatement status. However, new text end the commissioner must new text begin
not new text end place the individual on supervision abatement status for the remainder of the supervised
new text begin or conditional new text end release term deleted text begin and, if applicable, the conditional release term deleted text end new text begin if the commissioner
determines that doing so would present a risk to public safety, after weighing factors
including the individual's stability, behavior, or overall adjustment while on supervision new text end . new text begin
For individuals with lifetime terms of conditional release, the commissioner shall not place
the individual on supervision abatement status unless the time served on active supervision
plus earned compliance credits equals at least ten years.
new text end