1.1 	A bill for an act
1.2 	relating to public safety; allowing prisoners facing civil commitment in 
1.3 	certain cases to elect to remain confined in state correctional facilities beyond 
1.4 	their scheduled release date; amending Minnesota Statutes 2006, section 
1.5 	244.05, subdivision 1b; Minnesota Statutes 2007 Supplement, section 244.05, 
1.6 	subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 243.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [243.053] OPTION TO REMAIN IN PRISON FOR OFFENDERS 
1.9 	FACING CIVIL COMMITMENT.
1.10 		Subdivision 1.Election to remain confined. Upon the approval of the 
1.11 	commissioner of corrections, a person who is committed to the commissioner's custody, 
1.12 	who is being imprisoned in a state correctional facility, who is participating in sex offender 
1.13 	treatment, and who is eligible for supervised release may elect to remain confined in a 
1.14 	state correctional facility for a portion or the remainder of the person's executed sentence 
1.15 	to continue treatment if the person is being petitioned for commitment under section 
1.16 	253B.185 as a sexually dangerous person or as having a sexual psychopathic personality. 
1.17 	Upon the resolution of the petition, the completion of treatment, or the completion of the 
1.18 	person's executed sentence, whichever occurs first, the person shall either be released from 
1.19 	confinement or transferred to the custody of the commissioner of human services.
1.20 		Subd. 2.Terms of confinement. A person who elects to continue confinement 
1.21 	under subdivision 1 remains under the custody of the commissioner of corrections in the 
1.22 	same manner and under the same terms as before the person's term of imprisonment 
1.23 	expired except that the person has the right to request release from imprisonment under 
1.24 	this section. If the person requests release, the commissioner shall accommodate this 
2.1 	request as soon as is practicable. If this occurs, the provisions of chapter 253B govern the 
2.2 	physical custody of the person.

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

2.4 	Sec. 2. Minnesota Statutes 2007 Supplement, section 244.05, subdivision 1, is 
2.5 	amended to read:
2.6 		Subdivision 1.Supervised release required. Except as provided in subdivisions 
2.7 	1b, 4, and 5 and section 243.053, every inmate shall serve a supervised release term upon 
2.8 	completion of the inmate's term of imprisonment as reduced by any good time earned 
2.9 	by the inmate or extended by confinement in punitive segregation pursuant to section 
2.10 	244.04, subdivision 2. Except for a sex offender conditionally released under Minnesota 
2.11 	Statutes 2004, section 609.108, subdivision 5, the supervised release term shall be equal to 
2.12 	the period of good time the inmate has earned, and shall not exceed the length of time 
2.13 	remaining in the inmate's sentence. 

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

2.15 	Sec. 3. Minnesota Statutes 2006, section 244.05, subdivision 1b, is amended to read:
2.16 		Subd. 1b.Supervised release; offenders who commit crimes on or after August 
2.17 	1, 1993. (a) Except as provided in subdivisions 4 and 5 and section 243.053, every inmate 
2.18 	sentenced to prison for a felony offense committed on or after August 1, 1993, shall serve 
2.19 	a supervised release term upon completion of the inmate's term of imprisonment and 
2.20 	any disciplinary confinement period imposed by the commissioner due to the inmate's 
2.21 	violation of any disciplinary rule adopted by the commissioner or refusal to participate in 
2.22 	a rehabilitative program required under section 244.03. The amount of time the inmate 
2.23 	serves on supervised release shall be equal in length to the amount of time remaining in 
2.24 	the inmate's executed sentence after the inmate has served the term of imprisonment and 
2.25 	any disciplinary confinement period imposed by the commissioner. 
2.26 	(b) No inmate who violates a disciplinary rule or refuses to participate in a 
2.27 	rehabilitative program as required under section 244.03 shall be placed on supervised 
2.28 	release until the inmate has served the disciplinary confinement period for that disciplinary 
2.29 	sanction or until the inmate is discharged or released from punitive segregation 
2.30 	confinement, whichever is later. The imposition of a disciplinary confinement period shall 
2.31 	be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for 
2.32 	imposing the disciplinary confinement period and the rights of the inmate in the procedure 
3.1 	shall be those in effect for the imposition of other disciplinary sanctions at each state 
3.2 	correctional institution. 

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