1.1 	A bill for an act
1.2 	relating to public safety; requiring certain offenders
1.3 	to be incarcerated at secure drug treatment
1.4 	facilities; issuing a request for proposals to operate
1.5 	secure drug treatment facilities; amending Minnesota
1.6 	Statutes 2004, sections 169A.276, subdivision 1;
1.7 	243.05, subdivision 1; 244.05, by adding a
1.8 	subdivision; 244.09, by adding a subdivision; 609.14,
1.9 	by adding a subdivision.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 169A.276,
1.12 	subdivision 1, is amended to read:
1.13 		Subdivision 1.Mandatory prison sentence.  (a) The court
1.14 	shall sentence a person who is convicted of a violation of
1.15 	section 169A.20 (driving while impaired) under the circumstances
1.16 	described in section 169A.24 (first-degree driving while
1.17 	impaired) to imprisonment for not less than three years.  In
1.18 	addition, the court may order the person to pay a fine of not
1.19 	more than $14,000.
1.20 	(b) The court may stay execution of this mandatory sentence
1.21 	as provided in subdivision 2 (stay of mandatory sentence), but
1.22 	may not stay imposition or adjudication of the sentence or
1.23 	impose a sentence that has a duration of less than three years.
1.24 	(c) An offender committed to the custody of the
1.25 	commissioner of corrections under this subdivision is not
1.26 	eligible for release as provided in section 241.26, 244.065,
1.27 	244.12, or 244.17, unless the offender has successfully
2.1 	completed a chemical dependency treatment program while in
2.2 	prison must be placed in a secure drug treatment facility
2.3 	described in section 6.
2.4 	(d) Notwithstanding the statutory maximum sentence provided
2.5 	in section 169A.24 (first-degree driving while impaired), when
2.6 	the court commits a person to the custody of the commissioner of
2.7 	corrections under this subdivision, it shall provide that after
2.8 	the person has been released from prison the commissioner shall
2.9 	place the person on conditional release for five years.  The
2.10 	commissioner shall impose any conditions of release that the
2.11 	commissioner deems appropriate including, but not limited to,
2.12 	successful completion of an intensive probation program as
2.13 	described in section 169A.74 (pilot programs of intensive
2.14 	probation for repeat DWI offenders).  If the person fails to
2.15 	comply with any condition of release, the commissioner may
2.16 	revoke the person's conditional release and order the person to
2.17 	serve all or part of the remaining portion of the conditional
2.18 	release term in prison.  The commissioner may not dismiss the
2.19 	person from supervision before the conditional release term
2.20 	expires.  Except as otherwise provided in this section,
2.21 	conditional release is governed by provisions relating to
2.22 	supervised release.  The failure of a court to direct the
2.23 	commissioner of corrections to place the person on conditional
2.24 	release, as required in this paragraph, does not affect the
2.25 	applicability of the conditional release provisions to the
2.26 	person.
2.27 	(e) The commissioner shall require persons placed on
2.28 	supervised or conditional release under this subdivision to pay
2.29 	as much of the costs of the supervision as possible.  The
2.30 	commissioner shall develop appropriate standards for this.
2.31 	
EFFECTIVE DATE. This section is effective July 1, 2006,
2.32 	and applies to offenders sentenced on or after that date.

2.33 	Sec. 2. Minnesota Statutes 2004, section 243.05,
2.34 	subdivision 1, is amended to read:
2.35 		Subdivision 1.Conditional release.  (a) The commissioner
2.36 	of corrections may parole any person sentenced to confinement in
3.1 	any state correctional facility for adults under the control of
3.2 	the commissioner of corrections, provided that:
3.3 	(1) no inmate serving a life sentence for committing murder
3.4 	before May 1, 1980, other than murder committed in violation of
3.5 	clause (1) of section 609.185 who has not been previously
3.6 	convicted of a felony shall be paroled without having served 20
3.7 	years, less the diminution that would have been allowed for good
3.8 	conduct had the sentence been for 20 years;
3.9 	(2) no inmate serving a life sentence for committing murder
3.10 	before May 1, 1980, who has been previously convicted of a
3.11 	felony or though not previously convicted of a felony is serving
3.12 	a life sentence for murder in the first degree committed in
3.13 	violation of clause (1) of section 609.185 shall be paroled
3.14 	without having served 25 years, less the diminution which would
3.15 	have been allowed for good conduct had the sentence been for 25
3.16 	years;
3.17 	(3) any inmate sentenced prior to September 1, 1963, who
3.18 	would be eligible for parole had the inmate been sentenced after
3.19 	September 1, 1963, shall be eligible for parole; and
3.20 	(4) any new rule or policy or change of rule or policy
3.21 	adopted by the commissioner of corrections which has the effect
3.22 	of postponing eligibility for parole has prospective effect only
3.23 	and applies only with respect to persons committing offenses
3.24 	after the effective date of the new rule or policy or change.
3.25 	(b) Upon being paroled and released, an inmate is and
3.26 	remains in the legal custody and under the control of the
3.27 	commissioner, subject at any time to be returned to a facility
3.28 	of the Department of Corrections established by law for the
3.29 	confinement or treatment of convicted persons and the parole
3.30 	rescinded by the commissioner. If the commissioner rescinds an
3.31 	inmate's parole because the inmate possessed or used an illegal
3.32 	controlled substance, the commissioner must place the inmate in
3.33 	a secure drug treatment facility described in section 6 for up
3.34 	to 18 months, unless the inmate:
3.35 	(1) was sentenced for a predatory offense, as that term is
3.36 	defined in section 609.108, subdivision 3, or otherwise poses an
4.1 	unreasonable threat to public safety;
4.2 	(2) poses a flight risk; or 
4.3 	(3) is not amenable to drug treatment.
4.4 	(c) The written order of the commissioner of corrections,
4.5 	is sufficient authority for any peace officer, state
4.6 	correctional investigator, or state parole and probation agent
4.7 	to retake and place in actual custody any person on parole or
4.8 	supervised release.  In addition, when it appears necessary in
4.9 	order to prevent escape or enforce discipline, any state parole
4.10 	and probation agent or state correctional investigator may,
4.11 	without order of warrant, take and detain a parolee or person on
4.12 	supervised release or work release and bring the person to the
4.13 	commissioner for action.
4.14 	(d) The written order of the commissioner of corrections is
4.15 	sufficient authority for any peace officer, state correctional
4.16 	investigator, or state parole and probation agent to retake and
4.17 	place in actual custody any person on probation under the
4.18 	supervision of the commissioner pursuant to section 609.135.
4.19 	Additionally, when it appears necessary in order to prevent
4.20 	escape or enforce discipline, any state parole and probation
4.21 	agent or state correctional investigator may, without an order,
4.22 	retake and detain a probationer and bring the probationer before
4.23 	the court for further proceedings under section 609.14.
4.24 	(e) The written order of the commissioner of corrections is
4.25 	sufficient authority for any peace officer, state correctional
4.26 	investigator, or state parole and probation agent to detain any
4.27 	person on pretrial release who absconds from pretrial release or
4.28 	fails to abide by the conditions of pretrial release.
4.29 	(f) Persons conditionally released, and those on probation
4.30 	under the supervision of the commissioner of corrections
4.31 	pursuant to section 609.135 may be placed within or outside the
4.32 	boundaries of the state at the discretion of the commissioner of
4.33 	corrections or the court, and the limits fixed for these persons
4.34 	may be enlarged or reduced according to their conduct.
4.35 	(g) Except as otherwise provided in subdivision 1b, in
4.36 	considering applications for conditional release or discharge,
5.1 	the commissioner is not required to hear oral argument from any
5.2 	attorney or other person not connected with an adult
5.3 	correctional facility of the Department of Corrections in favor
5.4 	of or against the parole or release of any inmates.  The
5.5 	commissioner may institute inquiries by correspondence, taking
5.6 	testimony, or otherwise, as to the previous history, physical or
5.7 	mental condition, and character of the inmate and, to that end,
5.8 	has the authority to require the attendance of the chief
5.9 	executive officer of any state adult correctional facility and
5.10 	the production of the records of these facilities, and to compel
5.11 	the attendance of witnesses.  The commissioner is authorized to
5.12 	administer oaths to witnesses for these purposes.
5.13 	(h) Unless the district court directs otherwise, state
5.14 	parole and probation agents may require a person who is under
5.15 	the supervision of the commissioner of corrections to perform
5.16 	community work service for violating a condition of probation
5.17 	imposed by the court.  Community work service may be imposed for
5.18 	the purpose of protecting the public, to aid the offender's
5.19 	rehabilitation, or both.  Agents may impose up to eight hours of
5.20 	community work service for each violation and up to a total of
5.21 	24 hours per offender per 12-month period, beginning with the
5.22 	date on which community work service is first imposed.  The
5.23 	commissioner may authorize an additional 40 hours of community
5.24 	work services, for a total of 64 hours per offender per 12-month
5.25 	period, beginning with the date on which community work service
5.26 	is first imposed.  At the time community work service is
5.27 	imposed, parole and probation agents are required to provide
5.28 	written notice to the offender that states:
5.29 	(1) the condition of probation that has been violated;
5.30 	(2) the number of hours of community work service imposed
5.31 	for the violation; and
5.32 	(3) the total number of hours of community work service
5.33 	imposed to date in the 12-month period.
5.34 	An offender may challenge the imposition of community work
5.35 	service by filing a petition in district court.  An offender
5.36 	must file the petition within five days of receiving written
6.1 	notice that community work service is being imposed.  If the
6.2 	offender challenges the imposition of community work service,
6.3 	the state bears the burden of showing, by a preponderance of the
6.4 	evidence, that the imposition of community work service is
6.5 	reasonable under the circumstances.
6.6 	Community work service includes sentencing to service.
6.7 	
EFFECTIVE DATE. This section is effective July 1, 2006,
6.8 	and applies to persons currently on parole and those who receive
6.9 	parole on or after that date.

6.10 	Sec. 3. Minnesota Statutes 2004, section 244.05, is
6.11 	amended by adding a subdivision to read:
6.12 		Subd. 3a.Sanction for drug possession. If the
6.13 	commissioner revokes an inmate's supervised release because the
6.14 	inmate possessed or used an illegal controlled substance, the
6.15 	commissioner must place the inmate in a secure drug treatment
6.16 	facility described in section 6 for up to 18 months.  The
6.17 	commissioner is not required to comply with this subdivision if
6.18 	the inmate:
6.19 	(1) was sentenced for a predatory offense, as that term is
6.20 	defined in section 609.108, subdivision 3, or otherwise poses an
6.21 	unreasonable threat to public safety;
6.22 	(2) poses a flight risk; or 
6.23 	(3) is not amenable to drug treatment.
6.24 	
EFFECTIVE DATE. This section is effective July 1, 2006,
6.25 	and applies to offenders currently committed to the custody of
6.26 	the commissioner of corrections and offenders committed to the
6.27 	custody of the commissioner on or after that date.

6.28 	Sec. 4. Minnesota Statutes 2004, section 244.09, is
6.29 	amended by adding a subdivision to read:
6.30 		Subd. 15.Report on secure drug treatment
6.31 	facilities. The Sentencing Guidelines Commission, in
6.32 	consultation with the commissioners of corrections and human
6.33 	services, shall include in its annual report to the legislature
6.34 	an evaluation of the drug treatment programs administered at the
6.35 	secure drug treatment facilities described in section 6.  The
6.36 	evaluation must provide an analysis of recidivism rates for
7.1 	offenders released from secure drug treatment facilities.
7.2 	
EFFECTIVE DATE. This section is effective July 1, 2007.

7.3 	Sec. 5. Minnesota Statutes 2004, section 609.14, is
7.4 	amended by adding a subdivision to read:
7.5 		Subd. 3a.Revocation for drug possession. (a) If the
7.6 	court revokes a stay because the defendant possessed or used an
7.7 	illegal controlled substance and the defendant receives a jail
7.8 	or prison sentence that is six months or longer, the court must
7.9 	order the sheriff or commissioner of corrections to place the
7.10 	defendant in a secure drug treatment facility described in
7.11 	section 6 for up to 18 months.  The court is not required to
7.12 	comply with this subdivision if the defendant:
7.13 	(1) was sentenced for a predatory offense, as that term is
7.14 	defined in section 609.108, subdivision 3, or otherwise poses an
7.15 	unreasonable threat to public safety;
7.16 	(2) poses a flight risk; or 
7.17 	(3) is not amenable to drug treatment.
7.18 	(b) If the defendant willfully fails to participate in drug
7.19 	treatment while incarcerated at a secure drug treatment
7.20 	facility, the commissioner or sheriff may remove the defendant
7.21 	from the facility and place the defendant in the appropriate
7.22 	jail or correctional facility.  A defendant who is removed from
7.23 	a secure drug treatment facility shall be imprisoned for a time
7.24 	period equal to the defendant's term of imprisonment, minus
7.25 	earned good time if any, but in no case for longer than the time
7.26 	remaining in the offender's sentence.  "Term of imprisonment"
7.27 	means a time period equal to two-thirds of the sentence
7.28 	originally executed by the sentencing court, minus jail credit,
7.29 	if any.
7.30 	
EFFECTIVE DATE. This section is effective July 1, 2006,
7.31 	and applies to offenders sentenced on or after that date.

7.32 	Sec. 6. RFP TO CONSTRUCT AND OPERATE TREATMENT FACILITIES
7.33 	FOR MALE AND FEMALE ALCOHOL AND CONTROLLED SUBSTANCE OFFENDERS.
 7.34 	(a) The commissioner of administration shall issue a
7.35 	request for proposals from both private and public vendors to
7.36 	operate, for a minimum of ten years, secure drug treatment
8.1 	facilities to house offenders sentenced under sections 169A.276,
8.2 	subdivision 1, paragraph (c); 243.05, subdivision 1, paragraph
8.3 	(b); 244.05, subdivision 3a; and 609.14, subdivision 3a.  The
8.4 	Department of Corrections may submit a proposal.  Proposals may
8.5 	include plans for new construction and renovation of existing
8.6 	facilities.  The request must solicit proposals for:
8.7 	(1) facilities for male offenders with a capacity of at
8.8 	least 750 beds; and 
8.9 	(2) a facility for female offenders with a capacity of at
8.10 	least 250 beds.
8.11 	(b) Proposals must:
8.12 	(1) satisfy Department of Human Services licensing
8.13 	requirements for inpatient alcohol and chemical dependency
8.14 	treatment programming;
8.15 	(2) satisfy Department of Corrections facility licensing
8.16 	requirements provided for in section 241.021 and by rule;
8.17 	(3) include a plan for the operation of comprehensive
8.18 	chemical dependency treatment programs within the facilities for
8.19 	methamphetamine as well as other controlled substances,
8.20 	including alcohol;
8.21 	(4) provide for the tracking of released offenders to
8.22 	document recidivism rates for a minimum of four years after
8.23 	release; and 
8.24 	(5) provide the state of Minnesota with a first right to
8.25 	acquire facilities if a private vendor elects to discontinue
8.26 	providing services to the state.

8.27 	EFFECTIVE DATE. This section is effective the day
8.28 	following final enactment.