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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 381-S.F.No. 1832 
           An act relating to corrections; clarifying the effect 
          of punitive segregation confinement on the scheduled 
          release date of certain inmates; amending Minnesota 
          Statutes 1982, section 244.04, subdivision 2; and 
          Minnesota Statutes 1983 Supplement, sections 244.04, 
          subdivision 1; and 244.05, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
244.04, subdivision 1, is amended to read: 
    Subdivision 1.  [REDUCTION OF SENTENCE.] Notwithstanding 
the provisions of section 609.11, subdivision 6, and section 
609.346, subdivision 1, the term of imprisonment of any inmate 
sentenced to a presumptive fixed sentence after May 1, 1980, 
shall be reduced in duration by one day for each two days during 
which the inmate violates none of the disciplinary offense rules 
promulgated by the commissioner.  The reduction shall accrue to 
the period of supervised release to be served by the inmate. 
    Except as otherwise provided in subdivision 2, if an inmate 
violates a disciplinary offense rule promulgated by the 
commissioner, good time earned prior to the violation may not be 
taken away, but the inmate may be required to serve an 
appropriate portion of his term of imprisonment after the 
violation without earning good time. 
    Sec. 2.  Minnesota Statutes 1982, section 244.04, 
subdivision 2, is amended to read: 
    Subd. 2.  [LOSS OF GOOD TIME.] By May 1, 1980, the 
commissioner shall promulgate rules specifying disciplinary 
offenses which may result in the loss of good time and the 
amount of good time which may be lost as a result of each 
disciplinary offense, including provision for restoration of 
good time.  In no case shall an individual disciplinary offense 
result in the loss of more than 90 days of good time; except 
that no inmate confined in segregation for violation of a 
disciplinary rule shall be placed on supervised release until 
discharged or released therefrom from punitive segregation 
confinement, nor shall an inmate in segregation for violation of 
a disciplinary rule for which he could also be prosecuted under 
the criminal laws earn good time while in segregation.  The loss 
of good time shall be considered to be a disciplinary sanction 
imposed upon an inmate, and the procedure for the loss of good 
time 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. 3.  Minnesota Statutes 1983 Supplement, section 
244.05, subdivision 1, is amended to read: 
    Subdivision 1.  [SUPERVISED RELEASE REQUIRED.] Except as 
provided in subdivisions 4 and 5, every inmate shall serve a 
supervised release term upon completion of his term of 
imprisonment as reduced by any good time earned by the inmate or 
extended by confinement in punitive segregation pursuant to 
section 244.04, subdivision 2.  The supervised release term 
shall be equal to the period of good time the inmate has earned, 
and shall not exceed the length of time remaining in the 
inmate's sentence. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective the day after final enactment.
    Approved April 14, 1984