SF 2667

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 03:34pm

A bill for an act
relating to criminal justice; establishing an earned compliance credit program for
persons under correctional supervision; requiring a report; proposing coding for
new law in Minnesota Statutes, chapter 244.

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

Section 1.

new text begin [244.40] EARNED COMPLIANCE CREDITS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have
the meanings given.
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new text begin (b) "Agency" means a state or local governmental agency responsible for supervising
individuals who have been placed under correctional supervision.
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new text begin (c) "Case plan" means an individualized accountability and behavior change strategy
for supervised individuals that has been approved by a court or agency for the supervised
individual and that:
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new text begin (1) targets and prioritizes the specific criminal risk factors of the individual;
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new text begin (2) includes educational, chemical dependency, employment and other objectives,
and programs as appropriate based on the individual's characteristics, such as gender, race,
ethnicity, culture, motivational stage, developmental stage, and learning style;
new text end

new text begin (3) establishes a timetable for achieving specific behavioral goals, including
a schedule for progress in treatment and other programs and for payment of victim
restitution, child support, fines, and other financial obligations; and
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new text begin (4) specifies positive and negative actions that will be taken in response to the
individual's behaviors.
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new text begin (d) "Compliance credit" means 30 days for each full calendar month that a
supervised individual does all of the following:
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new text begin (1) fulfills the terms of the individual's case plan;
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new text begin (2) has no new arrests; and
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new text begin (3) complies with the timetables related to progress in treatment and to making
scheduled payments for restitution, child support, fines, and other financial obligations.
new text end

new text begin (e) "Correctional supervision" means being on probation, parole, or supervised
release for a felony offense.
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new text begin (f) "Supervised individual" means an individual who is under correctional
supervision for a felony offense.
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new text begin Subd. 2. new text end

new text begin Credit required. new text end

new text begin An agency shall award earned compliance credits and,
when appropriate, discharge supervised individuals from correctional supervision as
provided in this section.
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new text begin Subd. 3. new text end

new text begin Process. new text end

new text begin (a) Each month, an agency shall compute the compliance credit
earned by a supervised individual during the preceding month. If the individual is on
probation for the offense and under court supervision, the agency shall inform the court
of the credit earned and request the court to award it. If the court awards the credit, the
agency shall inform the individual of the amount earned. For offenders under supervised
release, the agency shall determine whether the credit has been earned and inform the
individual of the earned credit.
new text end

new text begin (b) Earned compliance credits under this section do not fully vest with a supervised
individual until the individual is discharged from correctional supervision. An agency
shall keep track of the total credit earned by an individual. If, before being discharged
from correctional supervision, an individual violates or is not in compliance with the terms
of the person's case plan and is not eligible to earn credit for that period, the agency may
revoke all or a portion of the individual's previously earned credit, as appropriate given the
nature and seriousness of the violation or noncompliance. If the individual is on probation
for the offense and under court supervision, the agency shall make a request to the court
to revoke all or a portion of the individual's previously earned credit. An agency shall
inform an individual of any revoked earned credits. An individual whose credits have
been revoked under this paragraph remains eligible to earn future credits unless the court
or agency determines otherwise under subdivision 4, paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin (a) This section does not apply to a supervised individual who
is under conditional release pursuant to section 169A.276, 243.166, 609.2231, 609.3455,
617.246, or 617.247.
new text end

new text begin (b) An agency or the court, in the case of a supervised individual who is on probation
for the offense and under court supervision, may determine that a supervised individual
is ineligible to earn compliance credits under this section because of the nature and
circumstances of the offense or that the history and character of the individual indicates
that a longer term of correctional supervision is necessary for the protection of the public
or the rehabilitation of the individual.
new text end

new text begin Subd. 5. new text end

new text begin Discharge from supervision. new text end

new text begin (a) When a supervised individual who has
earned compliance credits has reached the completion of the individual's correctional
supervision period after accounting for the credits, the agency shall discharge the
individual from correctional supervision. For individuals who are on probation for the
offense and under court supervision, the determination to discharge the individual is to be
made by the court upon the request of the agency.
new text end

new text begin (b) An individual discharged under this subdivision is restored to civil rights
as provided in section 609.165. However, the individual is still subject to any other
applicable collateral sanctions that a person otherwise released from correctional
supervision would be subject to, including, but not limited to, restrictions on firearm
possession and predatory offender registration.
new text end

new text begin Subd. 6. new text end

new text begin Judicial review. new text end

new text begin The award or revocation of any credits earned under this
section is not subject to appeal or motion for postconviction relief.
new text end

new text begin Subd. 7. new text end

new text begin Conflicting law superseded. new text end

new text begin This section supersedes conflicting sections
of law relating to supervised release and probation.
new text end

new text begin Subd. 8. new text end

new text begin Reporting. new text end

new text begin (a) By January 15 of each year, each agency shall report to the
commissioner of corrections on how the earned compliance credit program has operated for
the past year. The content and manner of reporting shall be as directed by the commissioner.
new text end

new text begin (b) By February 15 of each odd-numbered year, the commissioner shall report
to the chairs and ranking minority members of the senate and house of representatives
committees having jurisdiction over criminal justice on the earned compliance credit
program. The report must include information on the operation of the program and any
recommendations on how to improve it.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to
individuals under correctional supervision on or after that date.
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Sec. 2. new text begin CONFORMING STATUTORY CHANGES.
new text end

new text begin The revisor of statutes shall make necessary statutory corrections to reflect the
changes made in this act. Any changes that are beyond the scope of the revisor's editorial
authority must be reflected in a bill prepared by the revisor for introduction in the 2017
legislative session.
new text end