2003 Minnesota Statutes

CHAPTER 244. Criminal sentences, conditions, duration, appeals

DEFINITIONS AND GENERAL PROVISIONS

     244.01 Definitions. 

    Subdivision 1.    Scope.  For purposes of sections 
 244.01 to 244.11, the following terms shall have the meanings 
 given them.  

    Subd. 2.    Inmate.  "Inmate" means any person who is 
 convicted of a felony, is committed to the custody of the 
 commissioner of corrections and is confined in a state 
 correctional facility or released from a state correctional 
 facility pursuant to section 244.065 or 244.07.  

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of corrections or a designee. 

    Subd. 4.    Correctional facility.  "Correctional 
 facility" means any state facility under the operational 
 authority of the commissioner of corrections. 

    Subd. 5.    Good time.  "Good time" means the period of 
 time by which an inmate's term of imprisonment is reduced 
 pursuant to section 244.04. 

    Subd. 6.    Commission.  "Commission" means the 
 Minnesota Sentencing Guidelines Commission established pursuant 
 to section 244.09. 

    Subd. 7.    Supervised release.  "Supervised release" 
 means the release of an inmate pursuant to section 244.05. 

    Subd. 8.    Term of imprisonment.  "Term of 
 imprisonment," as applied to inmates whose crimes were committed 
 before August 1, 1993, is the period of time for which an inmate 
 is committed to the custody of the commissioner of corrections 
 minus earned good time.  "Term of imprisonment," as applied to 
 inmates whose crimes were committed on or after August 1, 1993, 
 is the period of time equal to two-thirds of the inmate's 
 executed sentence. 

    Subd. 9.    Executed sentence.  "Executed sentence" 
 means the total period of time for which an inmate is committed 
 to the custody of the commissioner of corrections. 

    HIST: 1978 c 723 art 1 s 1; 1979 c 102 s 13; 1980 c 417 s 
 12,13; 1984 c 589 s 1,2; 1986 c 444; 1992 c 571 art 2 s 1; 1993 
 c 326 art 9 s 3,4 

  244.02 Repealed, 1999 c 126 s 13 

     244.03 Rehabilitative programs. 

    The commissioner shall provide appropriate mental health 
 programs and vocational and educational programs with 
 employment-related goals for inmates.  The selection, design and 
 implementation of programs under this section shall be the sole 
 responsibility of the commissioner, acting within the 
 limitations imposed by the funds appropriated for such programs. 

    No action challenging the level of expenditures for 
 programs authorized under this section, nor any action 
 challenging the selection, design or implementation of these 
 programs, including employee assignments, may be maintained by 
 an inmate in any court in this state. 

    The commissioner may impose disciplinary sanctions upon any 
 inmate who refuses to participate in rehabilitative programs. 

    HIST: 1978 c 723 art 1 s 3; 1986 c 444; 1992 c 571 art 2 s 2; 
 1999 c 126 s 8; 1999 c 208 s 1 

     244.035 Sanctions related to litigation. 

    (a) As used in this section, "board" means a licensing or 
 certification board. 

    (b) The commissioner shall develop disciplinary sanctions 
 to provide infraction penalties for an inmate who submits a 
 frivolous or malicious claim to a court or board, or who is 
 determined by the court or board to have testified falsely or to 
 have submitted false evidence to a court or board.  Infraction 
 penalties may include loss of privileges, punitive segregation, 
 loss of good time, or adding discipline confinement time.  The 
 determination of the commissioner regarding disciplinary 
 sanctions under this section is limited to the nature and extent 
 of the infraction penalty to be imposed.  The commissioner is 
 bound by the finding of the court or board that the inmate 
 submitted a frivolous or malicious claim, testified falsely, or 
 submitted false evidence. 

    (c) The court or board shall determine whether a claim is 
 frivolous or malicious under section 563.02, subdivision 3. 

    HIST: 1995 c 226 art 6 s 5; 1997 c 33 s 1; 1999 c 208 s 2 

     244.04 Good time. 

    Subdivision 1.    Reduction of sentence; inmates sentenced 
 for crimes committed before 1993.  Notwithstanding the 
 provisions of section 609.11, subdivision 6, and section 
 609.109, subdivision 1, the term of imprisonment of any inmate 
 sentenced to a presumptive fixed sentence after May 1, 1980, and 
 whose crime was committed before August 1, 1993, 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 that the period of supervised release for a sex offender 
 sentenced and conditionally released by the commissioner under 
 section 609.108, subdivision 5, is governed by that provision. 

    Except as otherwise provided in subdivision 2, if an inmate 
 whose crime was committed before August 1, 1993, 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 
 the term of imprisonment after the violation without earning 
 good time. 

    Subd. 1a.    Reduction of sentence; inmates sentenced 
 before 1980.  Every inmate sentenced before May 1, 1980, for 
 any term other than life, confined in a state adult correctional 
 facility or on parole therefrom, may diminish the maximum term 
 of sentence one day for each two days during which the inmate 
 has not violated any facility rule or discipline. 

    The commissioner of corrections, in view of the aggravated 
 nature and frequency of offenses, may take away any or all of 
 the good time previously gained, and, in consideration of 
 mitigating circumstances or ignorance on the part of the inmate, 
 may afterwards restore the inmate, in whole or in part, to the 
 standing the inmate possessed before such good time was taken 
 away. 

    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 from punitive segregation confinement, 
 nor shall an inmate in segregation for violation of a 
 disciplinary rule for which the inmate 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.  

    Subd. 3.    Provisions not applicable to certain inmates. 
  The provisions of this section do not apply to an inmate 
 serving a mandatory life sentence or to persons whose crimes 
 were committed on or after August 1, 1993. 

    HIST: 1978 c 723 art 1 s 4; 1980 c 417 s 14; 1983 c 274 s 6; 
 1984 c 381 s 1,2; 1986 c 444; 1989 c 290 art 4 s 3; 1992 c 571 
 art 2 s 3,4; 1994 c 636 art 6 s 33; 1998 c 367 art 6 s 15 

     244.05 Supervised release term. 

    Subdivision 1.    Supervised release required.  Except 
 as provided in subdivisions 1b, 4, and 5, every inmate shall 
 serve a supervised release term upon completion of the inmate's 
 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.  Except for a sex 
 offender conditionally released under section 609.108, 
 subdivision 5, 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. 

    Subd. 1a.    Release on certain days.  Notwithstanding 
 the amount of good time earned by an inmate whose crime was 
 committed before August 1, 1992, if the inmate's scheduled 
 release date occurs on a Friday, Saturday, Sunday, or holiday, 
 the inmate's supervised release term shall begin on the last day 
 before the inmate's scheduled release date that is not a Friday, 
 Saturday, Sunday, or holiday.  For an inmate whose crime was 
 committed on or after August 1, 1992, if the inmate's scheduled 
 release date occurs on a Friday, Saturday, Sunday, or holiday, 
 the inmate's supervised release term shall begin on the first 
 day after the inmate's scheduled release date that is not a 
 Friday, Saturday, Sunday, or holiday. 

    Subd. 1b.    Supervised release; offenders who commit 
 crimes on or after August 1, 1993.  (a) Except as provided in 
 subdivisions 4 and 5, every inmate sentenced to prison for a 
 felony offense committed on or after August 1, 1993, shall serve 
 a supervised release term upon completion of the inmate's term 
 of imprisonment and any disciplinary confinement period imposed 
 by the commissioner due to the inmate's violation of any 
 disciplinary rule adopted by the commissioner or refusal to 
 participate in a rehabilitative program required under section 
 244.03.  The amount of time the inmate serves on supervised 
 release shall be equal in length to the amount of time remaining 
 in the inmate's executed sentence after the inmate has served 
 the term of imprisonment and any disciplinary confinement period 
 imposed by the commissioner. 

    (b) No inmate who violates a disciplinary rule or refuses 
 to participate in a rehabilitative program as required under 
 section 244.03 shall be placed on supervised release until the 
 inmate has served the disciplinary confinement period for that 
 disciplinary sanction or until the inmate is discharged or 
 released from punitive segregation confinement, whichever is 
 later.  The imposition of a disciplinary confinement period 
 shall be considered to be a disciplinary sanction imposed upon 
 an inmate, and the procedure for imposing the disciplinary 
 confinement period 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. 

    Subd. 1c.    Release to residential program; escort 
 required.  The commissioner shall provide an escort for any 
 inmate on parole or supervised release status who is released to 
 a halfway house or other residential community program.  The 
 escort shall be an employee of the commissioner or a person 
 acting as the commissioner's agent for this purpose. 

    Subd. 2.    Rules.  The commissioner of corrections 
 shall adopt by rule standards and procedures for the revocation 
 of supervised release, and shall specify the period of 
 revocation for each violation of supervised release.  Procedures 
 for the revocation of supervised release shall provide due 
 process of law for the inmate. 

    Subd. 3.    Sanctions for violation.  If an inmate 
 violates the conditions of the inmate's supervised release 
 imposed by the commissioner, the commissioner may: 

    (1) continue the inmate's supervised release term, with or 
 without modifying or enlarging the conditions imposed on the 
 inmate; or 

    (2) revoke the inmate's supervised release and reimprison 
 the inmate for the appropriate period of time. 

    The period of time for which a supervised release may be 
 revoked may not exceed the period of time remaining in the 
 inmate's sentence, except that if a sex offender is sentenced 
 and conditionally released under section 609.108, subdivision 5, 
 the period of time for which conditional release may be revoked 
 may not exceed the balance of the conditional release term. 

    Subd. 4.    Minimum imprisonment, life sentence.  An 
 inmate serving a mandatory life sentence under section 609.106 
 must not be given supervised release under this section.  An 
 inmate serving a mandatory life sentence under section 609.185, 
 clause (1), (3), (5), or (6); or 609.109, subdivision 2a, must 
 not be given supervised release under this section without 
 having served a minimum term of 30 years.  An inmate serving a 
 mandatory life sentence under section 609.385 must not be given 
 supervised release under this section without having served a 
 minimum term of imprisonment of 17 years. 

    Subd. 5.    Supervised release, life sentence.  (a) The 
 commissioner of corrections may, under rules promulgated by the 
 commissioner, give supervised release to an inmate serving a 
 mandatory life sentence under section 609.185, clause (1), (3), 
 (5), or (6); 609.109, subdivision 2a; or 609.385 after the 
 inmate has served the minimum term of imprisonment specified in 
 subdivision 4. 

    (b) The commissioner shall require the preparation of a 
 community investigation report and shall consider the findings 
 of the report when making a supervised release decision under 
 this subdivision.  The report shall reflect the sentiment of the 
 various elements of the community toward the inmate, both at the 
 time of the offense and at the present time.  The report shall 
 include the views of the sentencing judge, the prosecutor, any 
 law enforcement personnel who may have been involved in the 
 case, and any successors to these individuals who may have 
 information relevant to the supervised release decision.  The 
 report shall also include the views of the victim and the 
 victim's family unless the victim or the victim's family chooses 
 not to participate. 

    (c) The commissioner shall make reasonable efforts to 
 notify the victim, in advance, of the time and place of the 
 inmate's supervised release review hearing.  The victim has a 
 right to submit an oral or written statement at the review 
 hearing.  The statement may summarize the harm suffered by the 
 victim as a result of the crime and give the victim's 
 recommendation on whether the inmate should be given supervised 
 release at this time.  The commissioner must consider the 
 victim's statement when making the supervised release decision. 

    (d) As used in this subdivision, "victim" means the 
 individual who suffered harm as a result of the inmate's crime 
 or, if the individual is deceased, the deceased's surviving 
 spouse or next of kin. 

    Subd. 6.    Intensive supervised release.  The 
 commissioner may order that an inmate be placed on intensive 
 supervised release for all or part of the inmate's supervised 
 release or parole term if the commissioner determines that the 
 action will further the goals described in section 244.14, 
 subdivision 1, clauses (2), (3), and (4).  In addition, the 
 commissioner may order that an inmate be placed on intensive 
 supervised release for all of the inmate's conditional or 
 supervised release term if the inmate was convicted of a sex 
 offense under sections 609.342 to 609.345 or was sentenced under 
 the provisions of section 609.108.  The commissioner may impose 
 appropriate conditions of release on the inmate including but 
 not limited to unannounced searches of the inmate's person, 
 vehicle, or premises by an intensive supervision agent; 
 compliance with court-ordered restitution, if any; random drug 
 testing; house arrest; daily curfews; frequent face-to-face 
 contacts with an assigned intensive supervision agent; work, 
 education, or treatment requirements; and electronic 
 surveillance.  In addition, any sex offender placed on intensive 
 supervised release may be ordered to participate in an 
 appropriate sex offender program as a condition of release.  If 
 the inmate violates the conditions of the intensive supervised 
 release, the commissioner shall impose sanctions as provided in 
 subdivision 3 and section 609.108.  

    Subd. 7.    Sex offenders; civil commitment determination. 
  (a) Before the commissioner releases from prison any inmate 
 convicted under sections 609.342 to 609.345 or sentenced as a 
 patterned offender under section 609.108, and determined by the 
 commissioner to be in a high risk category, the commissioner 
 shall make a preliminary determination whether, in the 
 commissioner's opinion, a petition under section 253B.185 may be 
 appropriate.  

    (b) In making this decision, the commissioner shall have 
 access to the following data only for the purposes of the 
 assessment and referral decision: 

    (1) private medical data under section 13.384 or 144.335, 
 or welfare data under section 13.46 that relate to medical 
 treatment of the offender; 

    (2) private and confidential court services data under 
 section 13.84; 

    (3) private and confidential corrections data under section 
 13.85; and 

    (4) private criminal history data under section 13.87. 

    (c) If the commissioner determines that a petition may be 
 appropriate, the commissioner shall forward this determination, 
 along with a summary of the reasons for the determination, to 
 the county attorney in the county where the inmate was convicted 
 no later than 12 months before the inmate's release date.  If 
 the inmate is received for incarceration with fewer than 12 
 months remaining in the inmate's term of imprisonment, or if the 
 commissioner receives additional information less than 12 months 
 before release which makes the inmate's case appropriate for 
 referral, the commissioner shall forward the determination as 
 soon as is practicable.  Upon receiving the commissioner's 
 preliminary determination, the county attorney shall proceed in 
 the manner provided in section 253B.185.  The commissioner shall 
 release to the county attorney all requested documentation 
 maintained by the department. 

    Subd. 8.    Conditional medical release.  
 Notwithstanding subdivisions 4 and 5, the commissioner may order 
 that any offender be placed on conditional medical release 
 before the offender's scheduled supervised release date or 
 target release date if the offender suffers from a grave illness 
 or medical condition and the release poses no threat to the 
 public.  In making the decision to release an offender on this 
 status, the commissioner must consider the offender's age and 
 medical condition, the health care needs of the offender, the 
 offender's custody classification and level of risk of violence, 
 the appropriate level of community supervision, and alternative 
 placements that may be available for the offender.  An inmate 
 may not be released under this provision unless the commissioner 
 has determined that the inmate's health costs are likely to be 
 borne by medical assistance, Medicaid, general assistance 
 medical care, veteran's benefits, or by any other federal or 
 state medical assistance programs or by the inmate.  Conditional 
 medical release is governed by provisions relating to supervised 
 release except that it may be rescinded without hearing by the 
 commissioner if the offender's medical condition improves to the 
 extent that the continuation of the conditional medical release 
 presents a more serious risk to the public. 

    HIST: 1978 c 723 art 1 s 5; 1983 c 274 s 7; 1984 c 381 s 3; 
 1986 c 444; 1989 c 290 art 2 s 5-7; art 4 s 4,5; 1990 c 568 art 
 2 s 32; 1991 c 258 s 1; 1992 c 571 art 1 s 3-7; art 2 s 5,6; art 
 3 s 3; art 11 s 3; 1993 c 326 art 4 s 5,6; art 8 s 9; art 9 s 5; 
 1994 c 636 art 6 s 13; 1Sp1994 c 1 art 2 s 22; 1997 c 239 art 9 
 s 25; 1998 c 367 art 3 s 4; art 6 s 15; 1999 c 126 s 9; 2002 c 
 273 s 1 

     244.051 Early reports of missing offenders. 

    All programs serving inmates on supervised release 
 following a prison sentence shall notify the appropriate 
 probation officer, appropriate law enforcement agency, and the 
 Department of Corrections within two hours after an inmate in 
 the program fails to make a required report or after program 
 officials receive information indicating that an inmate may have 
 left the area in which the inmate is required to remain or may 
 have otherwise violated conditions of the inmate's supervised 
 release.  The Department of Corrections and county corrections 
 agencies shall ensure that probation offices are staffed on a 
 24-hour basis or make available a 24-hour telephone number to 
 receive the reports. 

    HIST: 1992 c 571 art 11 s 4 

PREDATORY OFFENDERS

     244.052 Predatory offenders; notice. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "confinement" means confinement in a state correctional 
 facility or a state treatment facility; 

    (2) "immediate household" means any and all individuals who 
 live in the same household as the offender; 

    (3) "law enforcement agency" means the law enforcement 
 agency having primary jurisdiction over the location where the 
 offender expects to reside upon release; 

    (4) "residential facility" means a facility that is 
 licensed as a residential program, as defined in section 
 245A.02, subdivision 14, by the commissioner of human services 
 under chapter 245A, or the commissioner of corrections under 
 section 241.021, whose staff are trained in the supervision of 
 sex offenders; and 

    (5) "predatory offender" and "offender" mean a person who 
 is required to register as a predatory offender under section 
 243.166.  However, the terms do not include persons required to 
 register based solely on a delinquency adjudication. 

    Subd. 2.    Risk assessment scale.  By January 1, 1997, 
 the commissioner of corrections shall develop a risk assessment 
 scale which assigns weights to the various risk factors listed 
 in subdivision 3, paragraph (g), and specifies the risk level to 
 which offenders with various risk assessment scores shall be 
 assigned.  In developing this scale, the commissioner shall 
 consult with county attorneys, treatment professionals, law 
 enforcement officials, and probation officers. 

    Subd. 3.    End-of-confinement review committee.  (a) 
 The commissioner of corrections shall establish and administer 
 end-of-confinement review committees at each state correctional 
 facility and at each state treatment facility where predatory 
 offenders are confined.  The committees shall assess on a 
 case-by-case basis the public risk posed by predatory offenders 
 who are about to be released from confinement. 

    (b) Each committee shall be a standing committee and shall 
 consist of the following members appointed by the commissioner: 

    (1) the chief executive officer or head of the correctional 
 or treatment facility where the offender is currently confined, 
 or that person's designee; 

    (2) a law enforcement officer; 

    (3) a treatment professional who is trained in the 
 assessment of sex offenders; 

    (4) a caseworker experienced in supervising sex offenders; 
 and 

    (5) a victim's services professional. 

    Members of the committee, other than the facility's chief 
 executive officer or head, shall be appointed by the 
 commissioner to two-year terms.  The chief executive officer or 
 head of the facility or designee shall act as chair of the 
 committee and shall use the facility's staff, as needed, to 
 administer the committee, obtain necessary information from 
 outside sources, and prepare risk assessment reports on 
 offenders. 

    (c) The committee shall have access to the following data 
 on a predatory offender only for the purposes of its assessment 
 and to defend the committee's risk assessment determination upon 
 administrative review under this section: 

    (1) private medical data under section 13.384 or 144.335, 
 or welfare data under section 13.46 that relate to medical 
 treatment of the offender; 

    (2) private and confidential court services data under 
 section 13.84; 

    (3) private and confidential corrections data under section 
 13.85; and 

    (4) private criminal history data under section 13.87. 

    Data collected and maintained by the committee under this 
 paragraph may not be disclosed outside the committee, except as 
 provided under section 13.05, subdivision 3 or 4.  The predatory 
 offender has access to data on the offender collected and 
 maintained by the committee, unless the data are confidential 
 data received under this paragraph. 

    (d)(i) Except as otherwise provided in item (ii), at least 
 90 days before a predatory offender is to be released from 
 confinement, the commissioner of corrections shall convene the 
 appropriate end-of-confinement review committee for the purpose 
 of assessing the risk presented by the offender and determining 
 the risk level to which the offender shall be assigned under 
 paragraph (e).  The offender and the law enforcement agency that 
 was responsible for the charge resulting in confinement shall be 
 notified of the time and place of the committee's meeting.  The 
 offender has a right to be present and be heard at the meeting.  
 The law enforcement agency may provide material in writing that 
 is relevant to the offender's risk level to the chair of the 
 committee.  The committee shall use the risk factors described 
 in paragraph (g) and the risk assessment scale developed under 
 subdivision 2 to determine the offender's risk assessment score 
 and risk level.  Offenders scheduled for release from 
 confinement shall be assessed by the committee established at 
 the facility from which the offender is to be released.  

    (ii) If an offender is received for confinement in a 
 facility with less than 90 days remaining in the offender's term 
 of confinement, the offender's risk shall be assessed at the 
 first regularly scheduled end of confinement review committee 
 that convenes after the appropriate documentation for the risk 
 assessment is assembled by the committee.  The commissioner 
 shall make reasonable efforts to ensure that offender's risk is 
 assessed and a risk level is assigned or reassigned at least 30 
 days before the offender's release date. 

    (e) The committee shall assign to risk level I a predatory 
 offender whose risk assessment score indicates a low risk of 
 reoffense.  The committee shall assign to risk level II an 
 offender whose risk assessment score indicates a moderate risk 
 of reoffense.  The committee shall assign to risk level III an 
 offender whose risk assessment score indicates a high risk of 
 reoffense. 

    (f) Before the predatory offender is released from 
 confinement, the committee shall prepare a risk assessment 
 report which specifies the risk level to which the offender has 
 been assigned and the reasons underlying the committee's risk 
 assessment decision.  The committee shall give the report to the 
 offender and to the law enforcement agency at least 60 days 
 before an offender is released from confinement.  If the risk 
 assessment is performed under the circumstances described in 
 paragraph (d), item (ii), the report shall be given to the 
 offender and the law enforcement agency as soon as it is 
 available.  The committee also shall inform the offender of the 
 availability of review under subdivision 6. 

    (g) As used in this subdivision, "risk factors" includes, 
 but is not limited to, the following factors: 

    (1) the seriousness of the offense should the offender 
 reoffend.  This factor includes consideration of the following:  

    (i) the degree of likely force or harm; 

    (ii) the degree of likely physical contact; and 

    (iii) the age of the likely victim; 

    (2) the offender's prior offense history.  This factor 
 includes consideration of the following: 

    (i) the relationship of prior victims to the offender; 

    (ii) the number of prior offenses or victims; 

    (iii) the duration of the offender's prior offense history; 

    (iv) the length of time since the offender's last prior 
 offense while the offender was at risk to commit offenses; and 

    (v) the offender's prior history of other antisocial acts; 

    (3) the offender's characteristics.  This factor includes 
 consideration of the following:  

    (i) the offender's response to prior treatment efforts; and 

    (ii) the offender's history of substance abuse; 

    (4) the availability of community supports to the offender. 
 This factor includes consideration of the following: 

    (i) the availability and likelihood that the offender will 
 be involved in therapeutic treatment; 

    (ii) the availability of residential supports to the 
 offender, such as a stable and supervised living arrangement in 
 an appropriate location; 

    (iii) the offender's familial and social relationships, 
 including the nature and length of these relationships and the 
 level of support that the offender may receive from these 
 persons; and 

    (iv) the offender's lack of education or employment 
 stability; 

    (5) whether the offender has indicated or credible evidence 
 in the record indicates that the offender will reoffend if 
 released into the community; and 

    (6) whether the offender demonstrates a physical condition 
 that minimizes the risk of reoffense, including but not limited 
 to, advanced age or a debilitating illness or physical condition.

    (h) Upon the request of the law enforcement agency or the 
 offender's corrections agent, the commissioner may reconvene the 
 end-of-confinement review committee for the purpose of 
 reassessing the risk level to which an offender has been 
 assigned under paragraph (e).  In a request for a reassessment, 
 the law enforcement agency which was responsible for the charge 
 resulting in confinement or agent shall list the facts and 
 circumstances arising after the initial assignment or facts and 
 circumstances known to law enforcement or the agent but not 
 considered by the committee under paragraph (e) which support 
 the request for a reassessment.  The request for reassessment by 
 the law enforcement agency must occur within 30 days of receipt 
 of the report indicating the offender's risk level assignment.  
 The offender's corrections agent, in consultation with the chief 
 law enforcement officer in the area where the offender resides 
 or intends to reside, may request a review of a risk level at 
 any time if substantial evidence exists that the offender's risk 
 level should be reviewed by an end-of-confinement review 
 committee.  This evidence includes, but is not limited to, 
 evidence of treatment failures or completions, evidence of 
 exceptional crime-free community adjustment or lack of 
 appropriate adjustment, evidence of substantial community need 
 to know more about the offender or mitigating circumstances that 
 would narrow the proposed scope of notification, or other 
 practical situations articulated and based in evidence of the 
 offender's behavior while under supervision.  Upon review of the 
 request, the end-of-confinement review committee may reassign an 
 offender to a different risk level.  If the offender is 
 reassigned to a higher risk level, the offender has the right to 
 seek review of the committee's determination under subdivision 6.

    (i) An offender may request the end-of-confinement review 
 committee to reassess the offender's assigned risk level after 
 three years have elapsed since the committee's initial risk 
 assessment and may renew the request once every two years 
 following subsequent denials.  In a request for reassessment, 
 the offender shall list the facts and circumstances which 
 demonstrate that the offender no longer poses the same degree of 
 risk to the community.  In order for a request for a risk level 
 reduction to be granted, the offender must demonstrate full 
 compliance with supervised release conditions, completion of 
 required post-release treatment programming, and full compliance 
 with all registration requirements as detailed in section 
 243.166.  The offender must also not have been convicted of any 
 felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 the assignment of the original risk level.  The committee shall 
 follow the process outlined in paragraphs (a) to (c) in the 
 reassessment.  An offender who is incarcerated may not request a 
 reassessment under this paragraph. 

    (j) Offenders returned to prison as release violators shall 
 not have a right to a subsequent risk reassessment by the 
 end-of-confinement review committee unless substantial evidence 
 indicates that the offender's risk to the public has increased. 

    (k) The commissioner shall establish an end-of-confinement 
 review committee to assign a risk level to offenders who are 
 released from a federal correctional facility in Minnesota or 
 another state and who intend to reside in Minnesota, and to 
 offenders accepted from another state under a reciprocal 
 agreement for parole supervision under the interstate compact 
 authorized by section 243.16.  The committee shall make 
 reasonable efforts to conform to the same timelines as applied 
 to Minnesota cases.  Offenders accepted from another state under 
 a reciprocal agreement for probation supervision are not 
 assigned a risk level, but are considered downward dispositional 
 departures.  The probation or court services officer and law 
 enforcement officer shall manage such cases in accordance with 
 section 244.10, subdivision 2a.  The policies and procedures of 
 the committee for federal offenders and interstate compact cases 
 must be in accordance with all requirements as set forth in this 
 section, unless restrictions caused by the nature of federal or 
 interstate transfers prevents such conformance. 

    (l) If the committee assigns a predatory offender to risk 
 level III, the committee shall determine whether residency 
 restrictions shall be included in the conditions of the 
 offender's release based on the offender's pattern of offending 
 behavior. 

    Subd. 4.    Law enforcement agency; disclosure of 
 information to public.  (a) The law enforcement agency in the 
 area where the predatory offender resides, expects to reside, is 
 employed, or is regularly found, shall disclose to the public 
 any information regarding the offender contained in the report 
 forwarded to the agency under subdivision 3, paragraph (f), that 
 is relevant and necessary to protect the public and to 
 counteract the offender's dangerousness, consistent with the 
 guidelines in paragraph (b).  The extent of the information 
 disclosed and the community to whom disclosure is made must 
 relate to the level of danger posed by the offender, to the 
 offender's pattern of offending behavior, and to the need of 
 community members for information to enhance their individual 
 and collective safety. 

    (b) The law enforcement agency shall employ the following 
 guidelines in determining the scope of disclosure made under 
 this subdivision: 

    (1) if the offender is assigned to risk level I, the agency 
 may maintain information regarding the offender within the 
 agency and may disclose it to other law enforcement agencies.  
 Additionally, the agency may disclose the information to any 
 victims of or witnesses to the offense committed by the 
 offender. The agency shall disclose the information to victims 
 of the offense committed by the offender who have requested 
 disclosure and to adult members of the offender's immediate 
 household; 

    (2) if the offender is assigned to risk level II, the 
 agency also may disclose the information to agencies and groups 
 that the offender is likely to encounter for the purpose of 
 securing those institutions and protecting individuals in their 
 care while they are on or near the premises of the institution.  
 These agencies and groups include the staff members of public 
 and private educational institutions, day care establishments, 
 and establishments and organizations that primarily serve 
 individuals likely to be victimized by the offender.  The agency 
 also may disclose the information to individuals the agency 
 believes are likely to be victimized by the offender.  The 
 agency's belief shall be based on the offender's pattern of 
 offending or victim preference as documented in the information 
 provided by the department of corrections or human services; 

    (3) if the offender is assigned to risk level III, the 
 agency shall disclose the information to the persons and 
 entities described in clauses (1) and (2) and to other members 
 of the community whom the offender is likely to encounter, 
 unless the law enforcement agency determines that public safety 
 would be compromised by the disclosure or that a more limited 
 disclosure is necessary to protect the identity of the victim. 

    Notwithstanding the assignment of a predatory offender to 
 risk level II or III, a law enforcement agency may not make the 
 disclosures permitted or required by clause (2) or (3), if:  the 
 offender is placed or resides in a residential facility.  
 However, if an offender is placed or resides in a residential 
 facility, the offender and the head of the facility shall 
 designate the offender's likely residence upon release from the 
 facility and the head of the facility shall notify the 
 commissioner of corrections or the commissioner of human 
 services of the offender's likely residence at least 14 days 
 before the offender's scheduled release date.  The commissioner 
 shall give this information to the law enforcement agency having 
 jurisdiction over the offender's likely residence.  The head of 
 the residential facility also shall notify the commissioner of 
 corrections or human services within 48 hours after finalizing 
 the offender's approved relocation plan to a permanent 
 residence.  Within five days after receiving this notification, 
 the appropriate commissioner shall give to the appropriate law 
 enforcement agency all relevant information the commissioner has 
 concerning the offender, including information on the risk 
 factors in the offender's history and the risk level to which 
 the offender was assigned.  After receiving this information, 
 the law enforcement agency shall make the disclosures permitted 
 or required by clause (2) or (3), as appropriate. 

    (c) As used in paragraph (b), clauses (2) and (3), "likely 
 to encounter" means that:  

    (1) the organizations or community members are in a 
 location or in close proximity to a location where the offender 
 lives or is employed, or which the offender visits or is likely 
 to visit on a regular basis, other than the location of the 
 offender's outpatient treatment program; and 

    (2) the types of interaction which ordinarily occur at that 
 location and other circumstances indicate that contact with the 
 offender is reasonably certain. 

    (d) A law enforcement agency or official who discloses 
 information under this subdivision shall make a good faith 
 effort to make the notification within 14 days of receipt of a 
 confirmed address from the Department of Corrections indicating 
 that the offender will be, or has been, released from 
 confinement, or accepted for supervision, or has moved to a new 
 address and will reside at the address indicated.  If a change 
 occurs in the release plan, this notification provision does not 
 require an extension of the release date.  

    (e) A law enforcement agency or official who discloses 
 information under this subdivision shall not disclose the 
 identity or any identifying characteristics of the victims of or 
 witnesses to the offender's offenses. 

    (f) A law enforcement agency shall continue to disclose 
 information on an offender as required by this subdivision for 
 as long as the offender is required to register under section 
 243.166. 

    (g) A law enforcement agency that is disclosing information 
 on an offender assigned to risk level III to the public under 
 this subdivision shall inform the commissioner of corrections 
 what information is being disclosed and forward this information 
 to the commissioner within two days of the agency's 
 determination.  The commissioner shall post this information on 
 the Internet as required in subdivision 4b. 

    (h) A city council may adopt a policy that addresses when 
 information disclosed under this subdivision must be presented 
 in languages in addition to English.  The policy may address 
 when information must be presented orally, in writing, or both 
 in additional languages by the law enforcement agency disclosing 
 the information.  The policy may provide for different 
 approaches based on the prevalence of non-English languages in 
 different neighborhoods. 

    Subd. 4a.    Level III offenders; location of residence. 
  (a) When an offender assigned to risk level III is released 
 from confinement or a residential facility to reside in the 
 community or changes residence while on supervised or 
 conditional release, the agency responsible for the offender's 
 supervision shall take into consideration the proximity of the 
 offender's residence to that of other level III offenders and 
 proximity to schools and, to the greatest extent feasible, shall 
 mitigate the concentration of level III offenders and 
 concentration of level III offenders near schools.  

    (b) If the owner or property manager of a hotel, motel, 
 lodging establishment, or apartment building has an agreement 
 with an agency that arranges or provides shelter for victims of 
 domestic abuse, the owner or property manager may not knowingly 
 rent rooms to both level III offenders and victims of domestic 
 abuse at the same time.  If the owner or property manager has an 
 agreement with an agency to provide housing to domestic abuse 
 victims and discovers or is informed that a tenant is a level 
 III offender after signing a lease or otherwise renting to the 
 offender, the owner or property manager may evict the offender. 

    Subd. 4b.    Level III offenders; mandatory posting of 
 information on Internet.  The commissioner of corrections 
 shall create and maintain an Internet Web site and post on the 
 site the information about offenders assigned to risk level III 
 forwarded by law enforcement agencies under subdivision 4, 
 paragraph (g).  This information must be updated in a timely 
 manner to account for changes in the offender's address and 
 maintained for the period of time that the offender remains 
 subject to community notification as a level III offender. 

    Subd. 5.    Relevant information provided to law 
 enforcement.  At least 60 days before a predatory offender is 
 released from confinement, the Department of Corrections or the 
 Department of Human Services, in the case of a person who was 
 committed under section 253B.185 or Minnesota Statutes 1992, 
 section 526.10, shall give to the law enforcement agency that 
 investigated the offender's crime of conviction or, where 
 relevant, the law enforcement agency having primary jurisdiction 
 where the offender was committed, all relevant information that 
 the departments have concerning the offender, including 
 information on risk factors in the offender's history.  Within 
 five days after receiving the offender's approved release plan 
 from the hearings and release unit, the appropriate department 
 shall give to the law enforcement agency having primary 
 jurisdiction where the offender plans to reside all relevant 
 information the department has concerning the offender, 
 including information on risk factors in the offender's history 
 and the risk level to which the offender was assigned.  If the 
 offender's risk level was assigned under the circumstances 
 described in subdivision 3, paragraph (d), item (ii), the 
 appropriate department shall give the law enforcement agency all 
 relevant information that the department has concerning the 
 offender, including information on the risk factors in the 
 offender's history and the offender's risk level within five 
 days of the risk level assignment or reassignment. 

    Subd. 6.    Administrative review.  (a) An offender 
 assigned or reassigned to risk level II or III under subdivision 
 3, paragraph (e) or (h), has the right to seek administrative 
 review of an end-of-confinement review committee's risk 
 assessment determination.  The offender must exercise this right 
 within 14 days of receiving notice of the committee's decision 
 by notifying the chair of the committee.  Upon receiving the 
 request for administrative review, the chair shall notify:  (1) 
 the offender; (2) the victim or victims of the offender's 
 offense who have requested disclosure or their designee; (3) the 
 law enforcement agency that investigated the offender's crime of 
 conviction or, where relevant, the law enforcement agency having 
 primary jurisdiction where the offender was committed; (4) the 
 law enforcement agency having jurisdiction where the offender 
 expects to reside, providing that the release plan has been 
 approved by the hearings and release unit of the department of 
 corrections; and (5) any other individuals the chair may 
 select.  The notice shall state the time and place of the 
 hearing.  A request for a review hearing shall not interfere 
 with or delay the notification process under subdivision 4 or 5, 
 unless the administrative law judge orders otherwise for good 
 cause shown. 

    (b) An offender who requests a review hearing must be given 
 a reasonable opportunity to prepare for the hearing.  The review 
 hearing shall be conducted on the record before an 
 administrative law judge.  The review hearing shall be conducted 
 at the correctional facility in which the offender is currently 
 confined.  If the offender no longer is incarcerated, the 
 administrative law judge shall determine the place where the 
 review hearing will be conducted.  The offender has the burden 
 of proof to show, by a preponderance of the evidence, that the 
 end-of-confinement review committee's risk assessment 
 determination was erroneous.  The attorney general or a designee 
 shall defend the end-of-confinement review committee's 
 determination.  The offender has the right to be present and be 
 represented by counsel at the hearing, to present evidence in 
 support of the offender's position, to call supporting witnesses 
 and to cross-examine witnesses testifying in support of the 
 committee's determination.  Counsel for indigent offenders shall 
 be provided by the Legal Advocacy Project of the state public 
 defender's office.  

    (c) After the hearing is concluded, the administrative law 
 judge shall decide whether the end-of-confinement review 
 committee's risk assessment determination was erroneous and, 
 based on this decision, shall either uphold or modify the review 
 committee's determination.  The judge's decision shall be in 
 writing and shall include the judge's reasons for the decision.  
 The judge's decision shall be final and a copy of it shall be 
 given to the offender, the victim, the law enforcement agency, 
 and the chair of the end-of-confinement review committee. 

    (d) The review hearing is subject to the contested case 
 provisions of chapter 14. 

    (e) The administrative law judge may seal any portion of 
 the record of the administrative review hearing to the extent 
 necessary to protect the identity of a victim of or witness to 
 the offender's offense. 

    Subd. 7.    Immunity from liability.  (a) A state or 
 local agency or official, or a private organization or 
 individual authorized to act on behalf of a state or local 
 agency or official, is not criminally liable for disclosing or 
 failing to disclose information as permitted by this section.  

    (b) A state or local agency or official, or a private 
 organization or individual authorized to act on behalf of a 
 state or local agency or official, is not civilly liable for 
 failing to disclose information under this section. 

    (c) A state or local agency or official, or a private 
 organization or individual authorized to act on behalf of a 
 state or local agency or official, is not civilly liable for 
 disclosing information as permitted by this section.  However, 
 this paragraph applies only to disclosure of information that is 
 consistent with the offender's conviction history.  It does not 
 apply to disclosure of information relating to conduct for which 
 the offender was not convicted. 

    Subd. 8.    Limitation on scope.  Nothing in this 
 section imposes a duty upon a person licensed under chapter 82, 
 or an employee of the person, to disclose information regarding 
 an offender who is required to register under section 243.166, 
 or about whom notification is made under this section. 

    HIST: 1996 c 408 art 5 s 4; 1997 c 239 art 5 s 4-7; 1998 c 396 
 s 3-6; 1999 c 86 art 1 s 82; 1999 c 216 art 6 s 2-5; 1999 c 227 
 s 22; 1999 c 233 s 4,5; 2000 c 311 art 2 s 12; 2001 c 210 s 15; 
 2002 c 385 s 1-3 

RELEASE AND DISCHARGE

     244.053 Notice of release of certain offenders. 

    Subdivision 1.    Notice of impending release.  At least 
 60 days before the release of any inmate convicted of an offense 
 requiring registration under section 243.166, the commissioner 
 of corrections shall send written notice of the impending 
 release to the sheriff of the county and the police chief of the 
 city in which the inmate will reside or in which placement will 
 be made in a work release program.  The sheriff of the county 
 where the offender was convicted also shall be notified of the 
 inmate's impending release. 

    Subd. 2.    Additional notice.  The same notice shall be 
 sent to the following persons concerning a specific inmate 
 convicted of an offense requiring registration under section 
 243.166: 

    (1) the victim of the crime for which the inmate was 
 convicted or a deceased victim's next of kin if the victim or 
 deceased victim's next of kin requests the notice in writing; 

    (2) any witnesses who testified against the inmate in any 
 court proceedings involving the offense, if the witness requests 
 the notice in writing; and 

    (3) any person specified in writing by the prosecuting 
 attorney. 

    The notice sent to victims under clause (1) must inform the 
 person that the person has the right to request and receive 
 information about the offender authorized for disclosure under 
 the community notification provisions of section 244.052. 

    If the victim or witness is under the age of 16, the notice 
 required by this section shall be sent to the parents or legal 
 guardian of the child.  The commissioner shall send the notices 
 required by this provision to the last address provided to the 
 commissioner by the requesting party.  The requesting party 
 shall furnish the commissioner with a current address.  
 Information regarding witnesses requesting the notice, 
 information regarding any other person specified in writing by 
 the prosecuting attorney to receive the notice, and the notice 
 are private data on individuals, as defined in section 13.02, 
 subdivision 12, and are not available to the inmate. 

    The notice to victims provided under this subdivision does 
 not limit the victim's right to request notice of release under 
 section 611A.06. 

    Subd. 3.    No extension of release date.  The existence 
 of the notice requirements contained in this section shall in no 
 event require an extension of the release date. 

    HIST: 1996 c 408 art 5 s 5 

     244.054 Discharge plans; offenders with serious and 
  persistent mental illness. 

    Subdivision 1.    Offer to develop plan.  The 
 commissioner of human services, in collaboration with the 
 commissioner of corrections, shall offer to develop a discharge 
 plan for community-based services for every offender with 
 serious and persistent mental illness, as defined in section 
 245.462, subdivision 20, paragraph (c), who is being released 
 from a correctional facility.  If an offender is being released 
 pursuant to section 244.05, the offender may choose to have the 
 discharge plan made one of the conditions of the offender's 
 supervised release and shall follow the conditions to the extent 
 that services are available and offered to the offender. 

    Subd. 2.    Content of plan.  If an offender chooses to 
 have a discharge plan developed, the commissioner of human 
 services shall develop and implement a discharge plan, which 
 must include at least the following: 

    (1) at least 90 days before the offender is due to be 
 discharged, the commissioner of human services shall designate 
 an agent of the Department of Human Services with mental health 
 training to serve as the primary person responsible for carrying 
 out discharge planning activities; 

    (2) at least 75 days before the offender is due to be 
 discharged, the offender's designated agent shall: 

    (i) obtain informed consent and releases of information 
 from the offender that are needed for transition services; 

    (ii) contact the county human services department in the 
 community where the offender expects to reside following 
 discharge, and inform the department of the offender's impending 
 discharge and the planned date of the offender's return to the 
 community; determine whether the county or a designated 
 contracted provider will provide case management services to the 
 offender; refer the offender to the case management services 
 provider; and confirm that the case management services provider 
 will have opened the offender's case prior to the offender's 
 discharge; and 

    (iii) refer the offender to appropriate staff in the county 
 human services department in the community where the offender 
 expects to reside following discharge, for enrollment of the 
 offender if eligible in medical assistance or general assistance 
 medical care, using special procedures established by process 
 and Department of Human Services bulletin; 

    (3) at least 2-1/2 months before discharge, the offender's 
 designated agent shall secure timely appointments for the 
 offender with a psychiatrist no later than 30 days following 
 discharge, and with other program staff at a community mental 
 health provider that is able to serve former offenders with 
 serious and persistent mental illness; 

    (4) at least 30 days before discharge, the offender's 
 designated agent shall convene a predischarge assessment and 
 planning meeting of key staff from the programs in which the 
 offender has participated while in the correctional facility, 
 the offender, the supervising agent, and the mental health case 
 management services provider assigned to the offender.  At the 
 meeting, attendees shall provide background information and 
 continuing care recommendations for the offender, including 
 information on the offender's risk for relapse; current 
 medications, including dosage and frequency; therapy and 
 behavioral goals; diagnostic and assessment information, 
 including results of a chemical dependency evaluation; 
 confirmation of appointments with a psychiatrist and other 
 program staff in the community; a relapse prevention plan; 
 continuing care needs; needs for housing, employment, and 
 finance support and assistance; and recommendations for 
 successful community integration, including chemical dependency 
 treatment or support if chemical dependency is a risk factor.  
 Immediately following this meeting, the offender's designated 
 agent shall summarize this background information and continuing 
 care recommendations in a written report; 

    (5) immediately following the predischarge assessment and 
 planning meeting, the provider of mental health case management 
 services who will serve the offender following discharge shall 
 offer to make arrangements and referrals for housing, financial 
 support, benefits assistance, employment counseling, and other 
 services required in sections 245.461 to 245.486; 

    (6) at least ten days before the offender's first scheduled 
 postdischarge appointment with a mental health provider, the 
 offender's designated agent shall transfer the following records 
 to the offender's case management services provider and 
 psychiatrist:  the predischarge assessment and planning report, 
 medical records, and pharmacy records.  These records may be 
 transferred only if the offender provides informed consent for 
 their release; 

    (7) upon discharge, the offender's designated agent shall 
 ensure that the offender leaves the correctional facility with 
 at least a ten-day supply of all necessary medications; and 

    (8) upon discharge, the prescribing authority at the 
 offender's correctional facility shall telephone in 
 prescriptions for all necessary medications to a pharmacy in the 
 community where the offender plans to reside.  The prescriptions 
 must provide at least a 30-day supply of all necessary 
 medications, and must be able to be refilled once for one 
 additional 30-day supply. 

    HIST: 1Sp2001 c 9 art 9 s 4; 2002 c 220 art 6 s 9; 2002 c 379 
 art 1 s 113 

  244.06 Repealed, 1997 c 239 art 9 s 52 

PRIVATE EMPLOYMENT AND FURLOUGHS

     244.065 Private employment of inmates of state 
  correctional institutions in community. 

    When consistent with the public interest and the public 
 safety, the commissioner of corrections may conditionally 
 release an inmate to work at paid employment, seek employment, 
 or participate in a vocational training or educational program, 
 as provided in section 241.26, if the inmate has served at least 
 one half of the term of imprisonment.  

    HIST: 1980 c 417 s 11; 1983 c 274 s 9; 1986 c 444; 1993 c 326 
 art 13 s 14 

     244.07 Furloughs. 

    Subdivision 1.    Authority.  If consistent with the 
 public interest, the commissioner may, under rules prescribed by 
 the commissioner, furlough any inmate in custody to any point 
 within the state for up to five days.  A furlough may be granted 
 to assist the inmate with family needs, personal health needs, 
 or reintegration into society.  No inmate may receive more than 
 three furloughs under this section within any 12-month period.  
 The provisions of this section shall also apply to those inmates 
 convicted of offenses prior to May 1, 1980.  

    Subd. 2.    Health care.  Notwithstanding the provisions 
 of subdivision 1, if the commissioner determines that the inmate 
 requires health care not available at the state correctional 
 institution, the commissioner may grant the inmate the furloughs 
 necessary to provide appropriate noninstitutional or 
 extrainstitutional health care. 

    HIST: 1978 c 723 art 1 s 7; 1981 c 192 s 19; 1986 c 444 

     244.08 Commissioner of corrections. 

    Subdivision 1.    Authority; duties; powers.  Effective 
 May 1, 1980, the commissioner of corrections shall have only 
 those powers and duties in sections 244.01 to 244.11, 609.10, 
 609.145, subdivision 1, 609.165, subdivision 2, and 609.109, 
 subdivision 1, with relation to persons sentenced for crimes 
 committed on or after May 1, 1980. 

    The commissioner of corrections shall retain all powers and 
 duties presently vested in and imposed upon the commissioner 
 with relation to persons sentenced for crimes committed on or 
 before April 30, 1980. 

    The commissioner of corrections shall take into 
 consideration, but not be bound by, the sentence terms embodied 
 in the sentencing guidelines promulgated by the Minnesota 
 Sentencing Guidelines Commission and the penal philosophy 
 embodied in sections 244.01 to 244.11, 609.10, 609.145, 
 subdivision 1, 609.165, subdivision 2, and 609.109, subdivision 
 1, in its deliberations relative to parole, probation, release, 
 or other disposition of inmates who commit the crimes giving 
 rise to their sentences on or before April 30, 1980. 

    Subd. 2.    No limitation intent.  Nothing in sections 
 244.01 to 244.11, 609.10, 609.145, subdivision 1, 609.165, 
 subdivision 2, and 609.109, subdivision 1, shall be deemed to 
 limit the powers and duties otherwise provided by law to the 
 commissioner of corrections with regard to the management of 
 correctional institutions or the disposition of inmates unless 
 those powers and duties are inconsistent with the provisions of 
 sections 244.01 to 244.11, 609.10, 609.145, subdivision 1, 
 609.165, subdivision 2, and 609.109, subdivision 1, in which 
 case those powers and duties shall be superseded by sections 
 244.01 to 244.11, 609.10, 609.145, subdivision 1, 609.165, 
 subdivision 2, and 609.109, subdivision 1. 

    HIST: 1978 c 723 art 1 s 8; 1980 c 417 s 15; 1983 c 274 s 18; 
 1986 c 444; 1998 c 367 art 6 s 15 

SENTENCING GUIDELINES COMMISSION

     244.09 Minnesota Sentencing Guidelines Commission. 

    Subdivision 1.    Commission; establishment.  There is 
 hereby established the Minnesota Sentencing Guidelines 
 Commission which shall be comprised of 11 members. 

    Subd. 2.    Members.  The Sentencing Guidelines 
 Commission shall consist of the following: 

    (1) the chief justice of the Supreme Court or a designee; 

    (2) one judge of the Court of Appeals, appointed by the 
 chief justice of the Supreme Court; 

    (3) one district court judge appointed by the chief justice 
 of the Supreme Court; 

    (4) one public defender appointed by the governor upon 
 recommendation of the state public defender; 

    (5) one county attorney appointed by the governor upon 
 recommendation of the board of directors of the Minnesota County 
 Attorneys Association; 

    (6) the commissioner of corrections or a designee; 

    (7) one peace officer as defined in section 626.84 
 appointed by the governor; 

    (8) one probation officer or parole officer appointed by 
 the governor; and 

    (9) three public members appointed by the governor, one of 
 whom shall be a victim of a crime defined as a felony. 

    When an appointing authority selects individuals for 
 membership on the commission, the authority shall make 
 reasonable efforts to appoint qualified members of protected 
 groups, as defined in section 43A.02, subdivision 33. 

    One of the members shall be designated by the governor as 
 chair of the commission. 

    Subd. 3.    Appointment terms.  Each appointed member 
 shall be appointed for four years and shall continue to serve 
 during that time as long as the member occupies the position 
 which made the member eligible for the appointment.  Each member 
 shall continue in office until a successor is duly appointed.  
 Members shall be eligible for reappointment, and appointment may 
 be made to fill an unexpired term.  The term of any member 
 appointed or reappointed by the governor before the first Monday 
 in January 1991 expires on that date.  The term of any member 
 appointed or reappointed by the governor after the first Monday 
 in January 1991 is coterminous with the governor.  The members 
 of the commission shall elect any additional officers necessary 
 for the efficient discharge of their duties. 

    Subd. 4.    Reimbursement.  Each member of the 
 commission shall be reimbursed for all reasonable expenses 
 actually paid or incurred by that member in the performance of 
 official duties in the same manner as other employees of the 
 state.  The public members of the commission shall be 
 compensated at the rate of $50 for each day or part thereof 
 spent on commission activities. 

    Subd. 5.    Promulgation of sentencing guidelines.  The 
 commission shall promulgate sentencing guidelines for the 
 district court.  The guidelines shall be based on reasonable 
 offense and offender characteristics.  The guidelines 
 promulgated by the commission shall be advisory to the district 
 court and shall establish: 

    (1) The circumstances under which imprisonment of an 
 offender is proper; and 

    (2) A presumptive, fixed sentence for offenders for whom 
 imprisonment is proper, based on each appropriate combination of 
 reasonable offense and offender characteristics.  The guidelines 
 may provide for an increase or decrease of up to 15 percent in 
 the presumptive, fixed sentence. 

    The sentencing guidelines promulgated by the commission may 
 also establish appropriate sanctions for offenders for whom 
 imprisonment is not proper.  Any guidelines promulgated by the 
 commission establishing sanctions for offenders for whom 
 imprisonment is not proper shall make specific reference to 
 noninstitutional sanctions, including but not limited to the 
 following:  payment of fines, day fines, restitution, community 
 work orders, work release programs in local facilities, 
 community based residential and nonresidential programs, 
 incarceration in a local correctional facility, and probation 
 and the conditions thereof. 

    Although the sentencing guidelines are advisory to the 
 district court, the court shall follow the procedures of the 
 guidelines when it pronounces sentence in a proceeding to which 
 the guidelines apply by operation of statute.  Sentencing 
 pursuant to the sentencing guidelines is not a right that 
 accrues to a person convicted of a felony; it is a procedure 
 based on state public policy to maintain uniformity, 
 proportionality, rationality, and predictability in sentencing. 

    In establishing and modifying the sentencing guidelines, 
 the primary consideration of the commission shall be public 
 safety.  The commission shall also consider current sentencing 
 and release practices; correctional resources, including but not 
 limited to the capacities of local and state correctional 
 facilities; and the long-term negative impact of the crime on 
 the community. 

    The provisions of sections 14.001 to 14.69 do not apply to 
 the promulgation of the sentencing guidelines, and the 
 sentencing guidelines, including severity levels and criminal 
 history scores, are not subject to review by the legislative 
 commission to review administrative rules.  However, the 
 commission shall adopt rules pursuant to sections 14.001 to 
 14.69 which establish procedures for the promulgation of the 
 sentencing guidelines, including procedures for the promulgation 
 of severity levels and criminal history scores, and these rules 
 shall be subject to review by the legislative coordinating 
 commission. 

    Subd. 6.    Clearinghouse and information center.  The 
 commission, in addition to establishing sentencing guidelines, 
 shall serve as a clearinghouse and information center for the 
 collection, preparation, analysis and dissemination of 
 information on state and local sentencing practices, and shall 
 conduct ongoing research regarding sentencing guidelines, use of 
 imprisonment and alternatives to imprisonment, plea bargaining, 
 and other matters relating to the improvement of the criminal 
 justice system.  The commission shall from time to time make 
 recommendations to the legislature regarding changes in the 
 Criminal Code, criminal procedures, and other aspects of 
 sentencing. 

    Subd. 7.    Study.  After the implementation of the 
 sentencing guidelines promulgated by the commission, the 
 commission shall study their impact and review the powers and 
 duties of the commissioner of corrections.  

    Subd. 8.    Administrative services.  The commissioner 
 of corrections shall provide adequate office space and 
 administrative services for the commission, and the commission 
 shall reimburse the commissioner for the space and services 
 provided.  The commission may also utilize, with their consent, 
 the services, equipment, personnel, information and resources of 
 other state agencies; and may accept voluntary and uncompensated 
 services, contract with individuals, public and private 
 agencies, and request information, reports and data from any 
 agency of the state, or any of its political subdivisions, to 
 the extent authorized by law. 

    Subd. 9.    Funds acceptance.  When any person, 
 corporation, the United States government, or any other entity 
 offers funds to the sentencing guidelines commission to carry 
 out its purposes and duties, the commission may accept the offer 
 by majority vote and upon acceptance the chair shall receive the 
 funds subject to the terms of the offer, but no money shall be 
 accepted or received as a loan nor shall any indebtedness be 
 incurred except in the manner and under the limitations 
 otherwise provided by law. 

    Subd. 10.    Research director.  The commission may 
 select and employ a research director who shall perform the 
 duties the commission directs, including the hiring of any 
 clerical help and other employees as the commission shall 
 approve.  The research director and other staff shall be in the 
 unclassified service of the state and their compensation shall 
 be established pursuant to chapter 43A.  They shall be 
 reimbursed for the expenses necessarily incurred in the 
 performance of their official duties in the same manner as other 
 state employees. 

    Subd. 11.    Modification.  The commission shall meet as 
 necessary for the purpose of modifying and improving the 
 guidelines.  Any modification which amends the sentencing 
 guidelines grid, including severity levels and criminal history 
 scores, or which would result in the reduction of any sentence 
 or in the early release of any inmate, with the exception of a 
 modification mandated or authorized by the legislature or 
 relating to a crime created or amended by the legislature in the 
 preceding session, shall be submitted to the legislature by 
 January 1 of any year in which the commission wishes to make the 
 change and shall be effective on August 1 of that year, unless 
 the legislature by law provides otherwise.  All other 
 modifications shall take effect according to the procedural 
 rules of the commission.  On or before January 1 of each year, 
 the commission shall submit a written report to the committees 
 of the senate and the house of representatives with jurisdiction 
 over criminal justice policy that identifies and explains all 
 modifications made during the preceding 12 months and all 
 proposed modifications that are being submitted to the 
 legislature that year. 

    Subd. 11a. Repealed, 1997 c 239 art 3 s 25; 1Sp1997 c 5 
 s 5 

    Subd. 12.    Submission of guidelines.  The guidelines 
 shall be submitted to the legislature on January 1, 1980, and 
 shall be effective May 1, 1980, unless the legislature provides 
 otherwise. 

    Subd. 13.    Rulemaking power.  The commission shall 
 have authority to promulgate rules to carry out the purposes of 
 subdivision 5.  

    Subd. 14.    Report on mandatory minimum sentences.  The 
 Sentencing Guidelines Commission shall include in its annual 
 report to the legislature a summary and analysis of reports 
 received from county attorneys under section 609.11, subdivision 
 10. 

    HIST: 1978 c 723 art 1 s 9; 1982 c 424 s 130; 1982 c 536 s 
 1-3; 1982 c 642 s 3; 1983 c 216 art 1 s 35; 1983 c 274 s 10,18; 
 1983 c 299 s 24; 1984 c 589 s 3-6; 1984 c 640 s 32; 1986 c 444; 
 1987 c 377 s 1-3; 1987 c 384 art 2 s 1; 1988 c 618 s 1; 1989 c 
 290 art 2 s 8; 1990 c 422 s 10; 1991 c 258 s 6; 1994 c 636 art 3 
 s 1; art 6 s 14; 1996 c 408 art 3 s 11; 1997 c 7 art 2 s 31; art 
 5 s 21; 1997 c 96 s 1; 1998 c 254 art 1 s 66 

  244.095 Repealed, 1991 c 279 s 41 

SENTENCING

     244.10 Sentencing hearing; deviation from guidelines. 

    Subdivision 1.    Sentencing hearing.  Whenever a person 
 is convicted of a felony, the court, upon motion of either the 
 defendant or the state, shall hold a sentencing hearing.  The 
 hearing shall be scheduled so that the parties have adequate 
 time to prepare and present arguments regarding the issue of 
 sentencing.  The parties may submit written arguments to the 
 court prior to the date of the hearing and may make oral 
 arguments before the court at the sentencing hearing.  Prior to 
 the hearing, the court shall transmit to the defendant or the 
 defendant's attorney and the prosecuting attorney copies of the 
 presentence investigation report. 

    At the conclusion of the sentencing hearing or within 20 
 days thereafter, the court shall issue written findings of fact 
 and conclusions of law regarding the issues submitted by the 
 parties, and shall enter an appropriate order. 

    Subd. 2.    Deviation from guidelines.  Whether or not a 
 sentencing hearing is requested pursuant to subdivision 1, the 
 district court shall make written findings of fact as to the 
 reasons for departure from the sentencing guidelines in each 
 case in which the court imposes or stays a sentence that 
 deviates from the sentencing guidelines applicable to the case. 

    Subd. 2a.    Notice of information regarding predatory 
 offenders.  (a) Subject to paragraph (b), in any case in which 
 a person is convicted of an offense and the presumptive sentence 
 under the sentencing guidelines is commitment to the custody of 
 the commissioner of corrections, if the court grants a 
 dispositional departure and stays imposition or execution of 
 sentence, the probation or court services officer who is 
 assigned to supervise the offender shall provide in writing to 
 the following the fact that the offender is on probation and the 
 terms and conditions of probation: 

    (1) a victim of and any witnesses to the offense committed 
 by the offender, if the victim or the witness has requested 
 notice; and 

    (2) the chief law enforcement officer in the area where the 
 offender resides or intends to reside. 

    The law enforcement officer, in consultation with the 
 offender's probation officer, may provide all or part of this 
 information to any of the following agencies or groups the 
 offender is likely to encounter:  public and private educational 
 institutions, day care establishments, and establishments or 
 organizations that primarily serve individuals likely to be 
 victimized by the offender. 

    The probation officer is not required under this 
 subdivision to provide any notice while the offender is placed 
 or resides in a residential facility that is licensed under 
 section 245A.02, subdivision 14, or 241.021, if the facility 
 staff is trained in the supervision of sex offenders. 

    (b) Paragraph (a) applies only to offenders required to 
 register under section 243.166, as a result of the conviction. 

    (c) The notice authorized by paragraph (a) shall be limited 
 to data classified as public under section 13.84, subdivision 6, 
 unless the offender provides informed consent to authorize the 
 release of nonpublic data or unless a court order authorizes the 
 release of nonpublic data. 

    (d) Nothing in this subdivision shall be interpreted to 
 impose a duty on any person to use any information regarding an 
 offender about whom notification is made under this subdivision. 

    Subd. 3.    Computation of criminal history score.  If 
 the defendant contests the existence of or factual basis for a 
 prior conviction in the calculation of the defendant's criminal 
 history score, proof of it is established by competent and 
 reliable evidence, including a certified court record of the 
 conviction. 

    HIST: 1978 c 723 art 1 s 10; 1986 c 444; 1988 c 520 s 1; 1996 
 c 408 art 5 s 6; 2000 c 311 art 2 s 13 

     244.101 Sentencing of felony offenders who commit 
  offenses on and after August 1, 1993. 

    Subdivision 1.    Executed sentences.  When a felony 
 offender is sentenced to a fixed executed sentence for an 
 offense committed on or after August 1, 1993, the executed 
 sentence consists of two parts:  (1) a specified minimum term of 
 imprisonment that is equal to two-thirds of the executed 
 sentence; and (2) a specified maximum supervised release term 
 that is equal to one-third of the executed sentence.  The amount 
 of time the inmate actually serves in prison and on supervised 
 release is subject to the provisions of section 244.05, 
 subdivision 1b. 

    Subd. 2.    Explanation of sentence.  When a court 
 pronounces an executed sentence under this section, it shall 
 explain:  (1) the total length of the executed sentence; (2) the 
 amount of time the defendant will serve in prison; and (3) the 
 amount of time the defendant will serve on supervised release, 
 assuming the defendant commits no disciplinary offense in prison 
 that results in the imposition of a disciplinary confinement 
 period.  The court shall also explain that the amount of time 
 the defendant actually serves in prison may be extended by the 
 commissioner if the defendant commits any disciplinary offenses 
 in prison and that this extension could result in the 
 defendant's serving the entire executed sentence in prison.  The 
 court's explanation shall be included in a written summary of 
 the sentence. 

    Subd. 3.    No right to supervised release.  
 Notwithstanding the court's explanation of the potential length 
 of a defendant's supervised release term, the court's 
 explanation creates no right of a defendant to any specific, 
 minimum length of a supervised release term. 

    Subd. 4.    Application of statutory mandatory minimum 
 sentences.  If the defendant is convicted of any offense for 
 which a statute imposes a mandatory minimum sentence of 
 imprisonment, the statutory mandatory minimum sentence governs 
 the length of the entire executed sentence pronounced by the 
 court under this section. 

    HIST: 1992 c 571 art 2 s 7; art 9 s 6 

APPELLATE REVIEW

     244.11 Appellate review of sentence. 

    Subdivision 1.    Generally.  An appeal to the Court of 
 Appeals may be taken by the defendant or the state from any 
 sentence imposed or stayed by the district court according to 
 the rules of criminal procedure for the district court of 
 Minnesota.  Except as otherwise provided in subdivision 3, a 
 dismissal or a resolution of an appeal brought under this 
 section shall not prejudice an appeal brought under any other 
 section or rule. 

    Subd. 2.    Procedure.  (a) When an appeal taken under 
 this section is filed, the court administrator of the district 
 court shall certify the transcript of the proceedings and any 
 files or records relating to the defendant, the offense, and the 
 sentence imposed or stayed, that the Supreme Court by rule or 
 order may require. 

    (b) On an appeal pursuant to this section, the court may 
 review the sentence imposed or stayed to determine whether the 
 sentence is inconsistent with statutory requirements, 
 unreasonable, inappropriate, excessive, unjustifiably disparate, 
 or not warranted by the findings of fact issued by the district 
 court.  This review shall be in addition to all other powers of 
 review presently existing.  The court may dismiss or affirm the 
 appeal, vacate or set aside the sentence imposed or stayed and 
 direct entry of an appropriate sentence or order further 
 proceedings to be had as the court may direct.  

    Subd. 3.    Limitation on defendant's right to seek 
 sentence modification.  (a) As used in this subdivision, 
 "appeal" means: 

    (1) an appeal of a sentence under Rule 28 of the Rules of 
 Criminal Procedure; and 

    (2) an appeal from a denial of a sentence modification 
 motion brought under Rule 27.03, subdivision 9, of the Rules of 
 Criminal Procedure. 

    (b) If a defendant agrees to a plea agreement and is given 
 a stayed sentence, which is a dispositional departure from the 
 presumptive sentence under the Minnesota sentencing guidelines, 
 the defendant may appeal the sentence only if the appeal is 
 taken: 

    (1) within 90 days of the date sentence was pronounced; or 

    (2) before the date of any act committed by the defendant 
 resulting in revocation of the stay of sentence; 

 whichever occurs first. 

    (c) A defendant who is subject to paragraph (b) who has 
 failed to appeal as provided in that paragraph may not file a 
 petition for postconviction relief under chapter 590 regarding 
 the sentence. 

    (d) Nothing in this subdivision shall be construed to: 

    (1) alter the time period provided for the state to appeal 
 a sentence under Rule 28 of the Rules of Criminal Procedure; or 

    (2) affect the court's authority to correct errors under 
 Rule 27.03, subdivision 8, of the Rules of Criminal Procedure. 

    Subd. 4.    Release pending appeal.  This section shall 
 not be construed to confer or enlarge any right of a defendant 
 to be released pending an appeal. 

    HIST: 1978 c 723 art 1 s 11; 1983 c 247 s 103; 1Sp1986 c 3 art 
 1 s 82; 1997 c 96 s 2 

INTENSIVE COMMUNITY SUPERVISION

     244.12 Intensive community supervision. 

    Subdivision 1.    Generally.  The commissioner may order 
 that an offender who meets the eligibility requirements of 
 subdivisions 2 and 3 be placed on intensive community 
 supervision, as described in sections 244.14 and 244.15, for all 
 or part of the offender's sentence if the offender agrees to 
 participate in the program and the commissioner notifies the 
 sentencing court. 

    Subd. 2.    Eligibility.  The commissioner must limit 
 the intensive community supervision program to the following 
 persons: 

    (1) offenders who are committed to the commissioner's 
 custody following revocation of a stayed sentence; and 

    (2) offenders who are committed to the commissioner's 
 custody for a sentence of 30 months or less, who did not receive 
 a dispositional departure under the sentencing guidelines, and 
 who have already served a period of incarceration as a result of 
 the offense for which they are committed. 

    Subd. 3.    Offenders not eligible.  The following are 
 not eligible to be placed on intensive community supervision, 
 under subdivision 2, clause (2): 

    (1) offenders who were committed to the commissioner's 
 custody under a statutory mandatory minimum sentence; 

    (2) offenders who were committed to the commissioner's 
 custody following a conviction for murder, manslaughter, 
 criminal sexual conduct, or criminal vehicular homicide or 
 operation resulting in death; and 

    (3) offenders whose presence in the community would present 
 a danger to public safety. 

    HIST: 1990 c 568 art 2 s 33; 1991 c 258 s 2; 1992 c 571 art 1 
 s 8; 1994 c 636 art 6 s 15,16 

     244.13 Intensive community supervision and intensive 
  supervised release; establishment of programs. 

    Subdivision 1.    Establishment.  The commissioner of 
 corrections shall establish programs for those designated by the 
 commissioner to serve all or part of a sentence on intensive 
 community supervision or all or part of a supervised release or 
 parole term on intensive supervised release.  The adoption and 
 modification of policies and procedures to implement sections 
 244.05, subdivision 6, and 244.12 to 244.15 are not subject to 
 the rulemaking procedures of chapter 14 because these policies 
 and procedures are excluded from the definition of a rule under 
 section 14.03, subdivision 3, paragraph (b), clause (1).  The 
 commissioner shall locate the programs so that at least one-half 
 of the money appropriated for the programs in each year is used 
 for programs in Community Corrections Act counties.  In awarding 
 contracts for intensive supervision programs in Community 
 Corrections Act counties, the commissioner shall give first 
 priority to programs that utilize county employees as intensive 
 supervision agents and shall give second priority to programs 
 that utilize state employees as intensive supervision agents.  
 The commissioner may award contracts to other providers in 
 Community Corrections Act counties only if doing so will result 
 in a significant cost savings or a significant increase in the 
 quality of services provided, and only after notifying the 
 chairs of the committees in the senate and house of 
 representatives with jurisdiction over criminal justice policy. 

    Subd. 2.    Training.  The commissioner shall develop 
 specialized training programs for intensive supervision agents 
 assigned to the intensive community supervision and intensive 
 supervised release programs.  The agent caseload shall not 
 exceed the ratio of 30 offenders to two intensive supervision 
 agents.  An intensive supervision agent must have qualifications 
 comparable to those for a state corrections agent. 

    Subd. 3.    Evaluation.  The commissioner shall develop 
 a system for gathering and analyzing information concerning the 
 value and effectiveness of the intensive community supervision 
 and intensive supervised release programs. 

    Subd. 4.    Definition.  For purposes of section 244.05, 
 subdivision 6, and sections 244.12 to 244.15, "intensive 
 supervision agent" means a probation officer, a corrections 
 agent, or any other qualified person employed in supervising 
 offenders serving a period of intensive community supervision or 
 intensive supervised release. 

    HIST: 1990 c 568 art 2 s 34; 1991 c 258 s 3; 1994 c 636 art 6 
 s 17,18; 1997 c 7 art 2 s 32; 1997 c 187 art 2 s 9; 2003 c 2 art 
 1 s 24 

     244.14 Intensive community supervision; basic elements. 

    Subdivision 1.    Requirements.  This section governs 
 the intensive community supervision programs established under 
 section 244.13.  The commissioner shall operate the programs in 
 conformance with this section.  The commissioner shall 
 administer the programs to further the following goals: 

    (1) to punish the offender; 

    (2) to protect the safety of the public; 

    (3) to facilitate employment of the offender during the 
 intensive community supervision and afterward; and 

    (4) to require the payment of restitution ordered by the 
 court to compensate the victims of the offender's crime. 

    Subd. 2.    Good time not available.  An offender 
 serving a sentence on intensive community supervision for a 
 crime committed before August 1, 1993, does not earn good time, 
 notwithstanding section 244.04. 

    Subd. 3.    Sanctions.  The commissioner shall impose 
 severe and meaningful sanctions for violating the conditions of 
 an intensive community supervision program.  The commissioner 
 shall provide for revocation of intensive community supervision 
 of an offender who:  

    (1) commits a material violation of or repeatedly fails to 
 follow the rules of the program; 

    (2) commits any misdemeanor, gross misdemeanor, or felony 
 offense; or 

    (3) presents a risk to the public, based on the offender's 
 behavior, attitude, or abuse of alcohol or controlled substances.
 The revocation of intensive community supervision is governed by 
 the procedures in the commissioner's rules adopted under section 
 244.05, subdivision 2. 

    An offender whose intensive community supervision is 
 revoked shall be imprisoned for a time period equal to the 
 offender's term of imprisonment, but in no case for longer than 
 the time remaining in the offender's sentence.  "Term of 
 imprisonment" means a time period equal to two-thirds of the 
 sentence originally executed by the sentencing court, minus jail 
 credit, if any.  

    Subd. 4.    All phases.  Throughout all phases of an 
 intensive community supervision program, the offender shall 
 submit at any time to an unannounced search of the offender's 
 person, vehicle, or premises by an intensive supervision agent.  
 If the offender received a restitution order as part of the 
 sentence, the offender shall make weekly payments as scheduled 
 by the agent until the full amount is paid. 

    HIST: 1990 c 568 art 2 s 35; 1991 c 258 s 4; 1993 c 326 art 9 
 s 7; art 13 s 15 

     244.15 Intensive community supervision; Phases I to IV. 

    Subdivision 1.    Duration.  Phase I of an intensive 
 community supervision program is six months, or one-half the 
 time remaining in the offender's term of imprisonment, whichever 
 is less.  Phase II lasts for at least one-third of the time 
 remaining in the offender's term of imprisonment at the 
 beginning of Phase II.  Phase III lasts for at least one-third 
 of the time remaining in the offender's term of imprisonment at 
 the beginning of Phase III.  Phase IV continues until the 
 commissioner determines that the offender has successfully 
 completed the program or until the offender's sentence, minus 
 jail credit, expires, whichever occurs first.  If an offender 
 successfully completes the intensive community supervision 
 program before the offender's sentence expires, the offender 
 shall be placed on supervised release for the remainder of the 
 sentence. 

    Subd. 2.    Random drug testing.  (a) During phase I, 
 the offender will be subjected at least weekly to urinalysis and 
 breath tests to detect the presence of controlled substances or 
 alcohol.  The tests will be random and unannounced. 

    (b) During phase II, the tests will be done at least twice 
 monthly. 

    (c) During phases III and IV, the tests will be done at 
 random at the frequency determined by the intensive supervision 
 agent. 

    Subd. 3.    House arrest.  (a) During phase I, the 
 offender will be under house arrest in a residence approved by 
 the offender's intensive supervision agent and may not move to 
 another residence without permission.  "House arrest" means that 
 the offender's movements will be severely restricted and 
 continually monitored by the assigned agent. 

    (b) During phase II, modified house arrest is imposed. 

    (c) During phases III and IV, the offender is subjected to 
 a daily curfew instead of house arrest. 

    Subd. 4.    Face-to-face contacts.  (a) During phase I, 
 the assigned intensive supervision agent shall have at least 
 four face-to-face contacts with the offender each week.  

    (b) During phase II, two face-to-face contacts a week are 
 required. 

    (c) During phase III, one face-to-face contact a week is 
 required. 

    (d) During phase IV, two face-to-face contacts a month are 
 required. 

    (e) When an offender is an inmate of a jail or a resident 
 of a facility which is staffed full time, the assigned agent may 
 reduce face-to-face contacts to one per week during all phases. 

    Subd. 5.    Work required.  During phases I, II, III, 
 and IV, the offender must spend at least 40 hours a week 
 performing approved work, undertaking constructive activity 
 designed to obtain employment, or attending a treatment or 
 education program as directed by the commissioner.  An offender 
 may not spend more than six months in a residential treatment 
 program that does not require the offender to spend at least 40 
 hours a week performing approved work or undertaking 
 constructive activity designed to obtain employment. 

    Subd. 6.    Electronic surveillance.  During any phase, 
 the offender may be placed on electronic surveillance if the 
 intensive supervision agent so directs. 

    Subd. 7.    Other requirements.  The commissioner may 
 include any other conditions in the various phases of the 
 intensive community supervision program that the commissioner 
 finds necessary and appropriate. 

    HIST: 1990 c 568 art 2 s 36; 1991 c 258 s 5; 1993 c 326 art 13 
 s 16; 1994 c 636 art 6 s 19 

DAY-FINES

     244.16 Day-fines. 

    Subdivision 1.    Model system.  The Sentencing 
 Guidelines Commission shall develop a model day-fine system.  
 The commission shall report its model system to the legislature 
 by February 1, 1993.  Upon request of a judicial district, the 
 commission may establish one pilot project for the development 
 of a day-fine system.  

    Subd. 2.    Components.  A day-fine system adopted under 
 this section must provide for a two-step sentencing procedure 
 for those receiving a fine as part of a probationary felony, 
 gross misdemeanor, or misdemeanor sentence.  In the first step, 
 the court determines how many punishment points a person will 
 receive, taking into account the severity of the offense and the 
 criminal history of the offender.  The second step is to 
 multiply the punishment points by a factor that accounts for the 
 offender's financial circumstances.  The goal of the system is 
 to provide a fine that is proportional to the seriousness of the 
 offense and largely equal in impact among offenders with 
 different financial circumstances.  The system may provide for 
 community service in lieu of fines for offenders whose means are 
 so limited that the payment of a fine would be unlikely. 

    HIST: 1990 c 568 art 2 s 102; 1991 c 292 art 8 s 6 

CHALLENGE INCARCERATION PROGRAM

     244.17 Challenge incarceration program. 

    Subdivision 1.    Generally.  The commissioner may 
 select offenders who meet the eligibility requirements of 
 subdivisions 2 and 3 to participate in a challenge incarceration 
 program described in sections 244.171 and 244.172 for all or 
 part of the offender's sentence if the offender agrees to 
 participate in the program and signs a written contract with the 
 commissioner agreeing to comply with the program's requirements. 

    Subd. 2.    Eligibility.  The commissioner must limit 
 the challenge incarceration program to the following persons: 

    (1) offenders who are committed to the commissioner's 
 custody following revocation of a stayed sentence; and 

    (2) offenders who are committed to the commissioner's 
 custody, who have 48 months or less in or remaining in their 
 term of imprisonment, and who did not receive a dispositional 
 departure under the sentencing guidelines. 

    Subd. 3.    Offenders not eligible.  The following 
 offenders are not eligible to be placed in the challenge 
 incarceration program: 

    (1) offenders who are committed to the commissioner's 
 custody following a conviction for murder, manslaughter, 
 criminal sexual conduct, assault, kidnapping, robbery, arson, or 
 any other offense involving death or intentional personal 
 injury; and 

    (2) offenders who were convicted within the preceding ten 
 years of an offense described in clause (1) and were committed 
 to the custody of the commissioner. 

    HIST: 1992 c 513 art 9 s 3; 1992 c 571 art 11 s 5,17; 1993 c 
 326 art 8 s 10; 1996 c 408 art 8 s 6; 1997 c 7 art 1 s 93; 1997 
 c 239 art 9 s 26 

     244.171 Challenge incarceration program; basic elements. 

    Subdivision 1.    Requirements.  The commissioner shall 
 administer an intensive, structured, and disciplined program 
 with a high level of offender accountability and control and 
 direct and related consequences for failure to meet behavioral 
 expectations.  The program shall have the following goals: 

    (1) to punish and hold the offender accountable; 

    (2) to protect the safety of the public; 

    (3) to treat offenders who are chemically dependent; and 

    (4) to prepare the offender for successful reintegration 
 into society.  

    Subd. 2.    Program components.  The program shall 
 contain all of the components described in paragraphs (a) to (e).

    (a) The program shall contain a highly structured daily 
 schedule for the offender. 

    (b) The program shall contain a rigorous physical program 
 designed to teach personal discipline and improve the physical 
 and mental well-being of the offender.  It shall include skills 
 designed to teach the offender how to reduce and cope with 
 stress. 

    (c) The program shall contain individualized educational 
 programs designed to improve the basic educational skills of the 
 offender and to provide vocational training. 

    (d) The program shall contain programs designed to promote 
 the offender's self-worth and the offender's acceptance of 
 responsibility for the consequences of the offender's own 
 decisions. 

    (e) The program shall contain culturally sensitive chemical 
 dependency programs, licensed by the Department of Human 
 Services and designed to serve the inmate population.  It shall 
 require that each offender submit to a chemical use assessment 
 and that the offender receive the appropriate level of treatment 
 as indicated by the assessment. 

    Subd. 3.    Good time not available.  An offender in the 
 challenge incarceration program whose crime was committed before 
 August 1, 1993, does not earn good time during phases I and II 
 of the program, notwithstanding section 244.04.  

    Subd. 4.    Sanctions.  The commissioner shall impose 
 severe and meaningful sanctions for violating the conditions of 
 the challenge incarceration program.  The commissioner shall 
 remove an offender from the challenge incarceration program if 
 the offender: 

    (1) commits a material violation of or repeatedly fails to 
 follow the rules of the program; 

    (2) commits any misdemeanor, gross misdemeanor, or felony 
 offense; or 

    (3) presents a risk to the public, based on the offender's 
 behavior, attitude, or abuse of alcohol or controlled 
 substances.  The removal of an offender from the challenge 
 incarceration program is governed by the procedures in the 
 commissioner's rules adopted under section 244.05, subdivision 2.

    An offender who is removed from the challenge incarceration 
 program shall be imprisoned for a time period equal to the 
 offender's term of imprisonment, minus earned good time if any, 
 but in no case for longer than the time remaining in the 
 offender's sentence.  "Term of imprisonment" means a time period 
 equal to two-thirds of the sentence originally executed by the 
 sentencing court, minus jail credit, if any. 

    Subd. 5.    Training.  The commissioner shall develop 
 specialized training for correctional employees who supervise 
 and are assigned to the challenge incarceration program. 

    HIST: 1992 c 513 art 9 s 4; 1992 c 571 art 11 s 6,17; 1993 c 
 326 art 9 s 8; art 13 s 17 

     244.172 Challenge incarceration program; Phases I to III.

    Subdivision 1.    Phase I.  Phase I of the program lasts 
 at least six months.  The offender must be confined in a state 
 correctional facility designated by the commissioner and must 
 successfully participate in all intensive treatment, education 
 and work programs required by the commissioner.  The offender 
 must also submit on demand to random drug and alcohol testing at 
 time intervals set by the commissioner.  Throughout phase I, the 
 commissioner must severely restrict the offender's telephone and 
 visitor privileges. 

    Subd. 2.    Phase II.  Phase II of the program lasts at 
 least six months.  The offender shall serve this phase of the 
 offender's sentence in an intensive supervision and surveillance 
 program established by the commissioner.  The commissioner may 
 impose such requirements on the offender as are necessary to 
 carry out the goals of the program.  Throughout phase II, the 
 offender must be required to submit to drug and alcohol tests 
 randomly or for cause, on demand of the supervising agent.  The 
 commissioner shall also require the offender to report daily to 
 a challenge incarceration agent or program staff. 

    Subd. 3.    Phase III.  Phase III continues until the 
 commissioner determines that the offender has successfully 
 completed the program or until the offender's sentence, minus 
 jail credit, expires, whichever comes first.  If an offender 
 successfully completes phase III of the challenge incarceration 
 program before the offender's sentence expires, the offender 
 shall be placed on supervised release for the remainder of the 
 sentence.  The commissioner shall set the level of the 
 offender's supervision based on the public risk presented by the 
 offender. 

    HIST: 1992 c 513 art 9 s 5; 1992 c 571 art 11 s 7,17; 1993 c 
 326 art 8 s 11,12; 1994 c 636 art 6 s 20; 1996 c 408 art 8 s 7; 
 2000 c 299 s 5 

     244.173 Challenge incarceration program; evaluation and 
  report. 

    The commissioner shall develop a system for gathering and 
 analyzing information concerning the value and effectiveness of 
 the challenge incarceration program.  

    HIST: 1992 c 513 art 9 s 6; 1992 c 571 art 11 s 8,17; 1994 c 
 636 art 6 s 21; 2001 c 210 s 16 

OFFENDER FEES

     244.18 Local correctional fees; imposition on offenders. 

    Subdivision 1.    Definition.  As used in this section, 
 "local correctional fees" include fees for the following 
 correctional services:  

    (1) community service work placement and supervision; 

    (2) restitution collection; 

    (3) supervision; 

    (4) court ordered investigations; 

    (5) any other court ordered service; 

    (6) postprison supervision or other form of release; or 

    (7) supervision or other services provided to probationers 
 or parolees under section 243.16 to be provided by a local 
 probation and parole agency established under section 244.19 or 
 community corrections agency established under chapter 401. 

    Subd. 2.    Local correctional fees.  A local 
 correctional agency may establish a schedule of local 
 correctional fees to charge persons convicted of a crime and 
 under the supervision and control of the local correctional 
 agency to defray costs associated with correctional services.  
 The local correctional fees on the schedule must be reasonably 
 related to defendants' abilities to pay and the actual cost of 
 correctional services. 

    Subd. 3.    Fee collection.  The chief executive officer 
 of a local correctional agency may impose and collect local 
 correctional fees.  The local correctional agency may collect 
 the fee at any time while the offender is under sentence or 
 after the sentence has been discharged.  A local probation and 
 parole agency established under section 244.19 or community 
 corrections agency established under section 401.02 may not 
 impose a fee under this section if the offender is supervised by 
 the commissioner of corrections and the commissioner of 
 corrections imposes and collects a fee under section 241.272.  
 The agency may use any available civil means of debt collection 
 in collecting a local correctional fee. 

    Subd. 4.    Exemption from fee.  The chief executive 
 officer of the local correctional agency may waive payment of 
 the fee if the officer determines that the offender does not 
 have the ability to pay the fee, the prospects for payment are 
 poor, or there are extenuating circumstances justifying waiver 
 of the fee.  Instead of waiving the fee, the local correctional 
 agency may require the offender to perform community work 
 service as a means of paying the fee.  

    Subd. 5.    Restitution payment priority.  If a 
 defendant has been ordered by a court to pay restitution, the 
 defendant shall be obligated to pay the restitution ordered 
 before paying the local correctional fee.  However, if the 
 defendant is making reasonable payments to satisfy the 
 restitution obligation, the local correctional agency may also 
 collect a local correctional fee. 

    Subd. 6.    Use of fees.  The local correctional fees 
 shall be used by the local correctional agency to pay the costs 
 of local correctional services.  Local correctional fees may not 
 be used to supplant existing local funding for local 
 correctional services.  

    HIST: 1992 c 571 art 11 s 9; 1997 c 239 art 9 s 51; 1999 c 111 
 s 1-3; 1999 c 216 art 4 s 9; 2001 c 210 s 17 

PROBATION OFFICERS

     244.19 Probation officers. 

    Subdivision 1.    Appointment; joint services; state 
 services.  (a) If a county or group of counties has 
 established a human services board pursuant to chapter 402, the 
 district court may appoint one or more county probation officers 
 as necessary to perform court services, and the human services 
 board shall appoint persons as necessary to provide correctional 
 services within the authority granted in chapter 402.  In all 
 counties of more than 200,000 population, which have not 
 organized pursuant to chapter 402, the district court shall 
 appoint one or more persons of good character to serve as county 
 probation officers during the pleasure of the court.  All other 
 counties shall provide adult misdemeanant and juvenile probation 
 services to district courts in one of the following ways: 

    (1) the court, with the approval of the county boards, may 
 appoint one or more salaried county probation officers to serve 
 during the pleasure of the court; 

    (2) when two or more counties offer probation services the 
 district court through the county boards may appoint common 
 salaried county probation officers to serve in the several 
 counties; 

    (3) a county or a district court may request the 
 commissioner of corrections to furnish probation services in 
 accordance with the provisions of this section, and the 
 commissioner of corrections shall furnish such services to any 
 county or court that fails to provide its own probation officer 
 by one of the two procedures listed above; 

    (4) if a county or district court providing probation 
 services under clause (1) or (2) asks the commissioner of 
 corrections or the legislative body for the state of Minnesota 
 mandates the commissioner of corrections to furnish probation 
 services to the district court, the probation officers and other 
 employees displaced by the changeover shall be employed by the 
 commissioner of corrections.  Years of service in the county 
 probation department are to be given full credit for future sick 
 leave and vacation accrual purposes; 

    (5) all probation officers serving the juvenile courts on 
 July 1, 1972, shall continue to serve in the county or counties 
 they are now serving. 

    (b) The commissioner of employee relations shall place 
 employees transferred to state service under paragraph (a), 
 clause (4), in the proper classifications in the classified 
 service.  Each employee is appointed without examination at no 
 loss in salary or accrued vacation or sick leave benefits, but 
 no additional accrual of vacation or sick leave benefits may 
 occur until the employee's total accrued vacation or sick leave 
 benefits fall below the maximum permitted by the state for the 
 employee's position.  An employee appointed under paragraph (a), 
 clause (4), shall serve a probationary period of six months.  
 After exhausting labor contract remedies, a noncertified 
 employee may appeal for a hearing within ten days to the 
 commissioner of employee relations, who may uphold the decision, 
 extend the probation period, or certify the employee.  The 
 decision of the commissioner of employee relations is final.  
 The state shall negotiate with the exclusive representative for 
 the bargaining unit to which the employees are transferred 
 regarding their seniority.  For purposes of computing seniority 
 among those employees transferring from one county unit only, a 
 transferred employee retains the same seniority position as the 
 employee had within that county's probation office. 

    Subd. 2.    Sufficiency of services.  Probation services 
 shall be sufficient in amount to meet the needs of the district 
 court in each county.  County probation officers serving 
 district courts in all counties of not more than 200,000 
 population shall also, pursuant to subdivision 3, provide 
 probation and parole services to wards of the commissioner of 
 corrections resident in their counties.  To provide these 
 probation services counties containing a city of 10,000 or more 
 population shall, as far as practicable, have one probation 
 officer for not more than 35,000 population; in counties that do 
 not contain a city of such size, the commissioner of corrections 
 shall, after consultation with the chief judge of the district 
 court and the county commissioners and in the light of 
 experience, establish probation districts to be served by one 
 officer. 

    All probation officers appointed for any district court or 
 community corrections agency shall be selected from a list of 
 eligible candidates who have minimally qualified according to 
 the same or equivalent examining procedures as used by the 
 commissioner of employee relations to certify eligibles to the 
 commissioner of corrections in appointing parole agents, and the 
 department of employee relations shall furnish the names of such 
 candidates on request.  This subdivision shall not apply to a 
 political subdivision having a civil service or merit system 
 unless the subdivision elects to be covered by this subdivision. 

    Subd. 3.    Powers and duties.  All county probation 
 officers serving a district court shall act under the orders of 
 the court in reference to any person committed to their care by 
 the court, and in the performance of their duties shall have the 
 general powers of a peace officer; and it shall be their duty to 
 make such investigations with regard to any person as may be 
 required by the court before, during, or after the trial or 
 hearing, and to furnish to the court such information and 
 assistance as may be required; to take charge of any person 
 before, during or after trial or hearing when so directed by the 
 court, and to keep such records and to make such reports to the 
 court as the court may order. 

    All county probation officers serving a district court 
 shall, in addition, provide probation and parole services to 
 wards of the commissioner of corrections resident in the 
 counties they serve, and shall act under the orders of said 
 commissioner of corrections in reference to any ward committed 
 to their care by the commissioner of corrections. 

    All probation officers serving a district court shall, 
 under the direction of the authority having power to appoint 
 them, initiate programs for the welfare of persons coming within 
 the jurisdiction of the court to prevent delinquency and crime 
 and to rehabilitate within the community persons who come within 
 the jurisdiction of the court and are properly subject to 
 efforts to accomplish prevention and rehabilitation.  They 
 shall, under the direction of the court, cooperate with all law 
 enforcement agencies, schools, child welfare agencies of a 
 public or private character, and other groups concerned with the 
 prevention of crime and delinquency and the rehabilitation of 
 persons convicted of crime and delinquency. 

    All probation officers serving a district court shall make 
 monthly and annual reports to the commissioner of corrections, 
 on forms furnished by the commissioner, containing such 
 information on number of cases cited to the juvenile division of 
 district court, offenses, adjudications, dispositions, and 
 related matters as may be required by the commissioner of 
 corrections. 

    Subd. 3a. Repealed, 1Sp2003 c 2 art 6 s 7 

    Subd. 4. Repealed, 1998 c 367 art 7 s 15; 1998 c 408 s 
 11 

    Subd. 5.    Compensation.  In counties of more than 
 200,000 population, a majority of the judges of the district 
 court may direct the payment of such salary to probation 
 officers as may be approved by the county board, and in addition 
 thereto shall be reimbursed for all necessary expenses incurred 
 in the performance of their official duties.  In all counties 
 which obtain probation services from the commissioner of 
 corrections the commissioner shall, out of appropriations 
 provided therefor, pay probation officers the salary and all 
 benefits fixed by the state law or applicable bargaining unit 
 and all necessary expenses, including secretarial service, 
 office equipment and supplies, postage, telephone and telegraph 
 services, and travel and subsistence.  Each county receiving 
 probation services from the commissioner of corrections shall 
 reimburse the department of corrections for the total cost and 
 expenses of such services as incurred by the commissioner of 
 corrections.  Total annual costs for each county shall be that 
 portion of the total costs and expenses for the services of one 
 probation officer represented by the ratio which the county's 
 population bears to the total population served by one officer.  
 For the purposes of this section, the population of any county 
 shall be the most recent estimate made by the Department of 
 Health.  At least every six months the commissioner of 
 corrections shall bill for the total cost and expenses incurred 
 by the commissioner on behalf of each county which has received 
 probation services.  The commissioner of corrections shall 
 notify each county of the cost and expenses and the county shall 
 pay to the commissioner the amount due for reimbursement.  All 
 such reimbursements shall be deposited in the general fund.  
 Objections by a county to all allocation of such cost and 
 expenses shall be presented to and determined by the 
 commissioner of corrections.  Each county providing probation 
 services under this section is hereby authorized to use 
 unexpended funds and to levy additional taxes for this purpose. 

    The county commissioners of any county of not more than 
 200,000 population shall, when requested to do so by the 
 juvenile judge, provide probation officers with suitable 
 offices, and may provide equipment, and secretarial help needed 
 to render the required services. 

    Subd. 6.    Reimbursement of counties.  In order to 
 reimburse the counties for the cost which they assume under this 
 section of providing probation and parole services to wards of 
 the commissioner of corrections and to aid the counties in 
 achieving the purposes of this section, the commissioner of 
 corrections shall annually, from funds appropriated for that 
 purpose, pay 50 percent of the costs of probation officers' 
 salaries to all counties of not more than 200,000 population.  
 Nothing in this section will invalidate any payments to counties 
 made pursuant to this section before May 15, 1963.  Salary costs 
 include fringe benefits, but only to the extent that fringe 
 benefits do not exceed those provided for state civil service 
 employees.  On or before July 1 of each even-numbered year each 
 county or group of counties which provide their own probation 
 services to the district court under subdivision 1, clause (1) 
 or (2), shall submit to the commissioner of corrections an 
 estimate of its costs under this section.  Reimbursement to 
 those counties shall be made on the basis of the estimate or 
 actual expenditures incurred, whichever is less. Reimbursement 
 for those counties which obtain probation services from the 
 commissioner of corrections pursuant to subdivision 1, clause 
 (3), must be made on the basis of actual expenditures.  Salary 
 costs shall not be reimbursed unless county probation officers 
 are paid salaries commensurate with the salaries paid to 
 comparable positions in the classified service of the state 
 civil service.  The salary range to which each county probation 
 officer is assigned shall be determined by the authority having 
 power to appoint probation officers, and shall be based on the 
 officer's length of service and performance.  The appointing 
 authority shall annually assign each county probation officer to 
 a position on the salary scale commensurate with the officer's 
 experience, tenure, and responsibilities.  The judge shall file 
 with the county auditor an order setting each county probation 
 officer's salary.  Time spent by a county probation officer as a 
 court referee shall not qualify for reimbursement.  
 Reimbursement shall be prorated if the appropriation is 
 insufficient.  A new position eligible for reimbursement under 
 this section may not be added by a county without the written 
 approval of the commissioner of corrections.  When a new 
 position is approved, the commissioner shall include the cost of 
 the position in calculating each county's share. 

    Subd. 7.    Certificate of counties entitled to state aid. 
  On or before January 1 of each year, until 1970 and on or 
 before April 1 thereafter, the commissioner of corrections shall 
 deliver to the commissioner of finance a certificate in 
 duplicate for each county of the state entitled to receive state 
 aid under the provisions of this section.  Upon the receipt of 
 such certificate, the commissioner of finance shall draw a 
 warrant in favor of the county treasurer for the amount shown by 
 each certificate to be due to the county specified.  The 
 commissioner of finance shall transmit such warrant to the 
 county treasurer together with a copy of the certificate 
 prepared by the commissioner of corrections. 

    Subd. 8.    Exception.  This section shall not apply to 
 Ramsey County. 

    HIST: 1917 c 397 s 9; 1933 c 204 s 1; 1945 c 517 s 4; 1959 c 
 698 s 3; 1961 c 430 s 2-4; 1963 c 694 s 1; 1965 c 316 s 7-11; 
 1965 c 697 s 1; 1969 c 278 s 1; 1969 c 399 s 1; 1971 c 25 s 51; 
 1971 c 951 s 41-43; 1973 c 492 s 14; 1973 c 507 s 45; 1973 c 654 
 s 15; 1975 c 258 s 5; 1975 c 271 s 6; 1975 c 381 s 21; 1976 c 
 163 s 58; 1977 c 281 s 1-3; 1977 c 392 s 8; 1980 c 617 s 47; 
 1981 c 192 s 20; 1983 c 274 s 18; 1985 c 220 s 5,6; 1Sp1985 c 9 
 art 2 s 76; 1986 c 444; 1987 c 252 s 8; 1988 c 505 s 1-4; 1992 c 
 571 art 11 s 10; 1996 c 408 art 8 s 8; 1997 c 239 art 9 s 32,51; 
 1998 c 367 art 7 s 2,15; 1998 c 408 s 10; 2003 c 112 art 2 s 31 

DETENTION AND RELEASE

     244.195 Detention and release; probationers, conditional 
  releasees, and pretrial releasees. 

    Subdivision 1.    Definitions.  (a) As used in this 
 subdivision, the following terms have the meanings given them. 

    (b) "Commissioner" means the commissioner of corrections. 

    (c) "Conditional release" means parole, supervised release, 
 conditional release as authorized by section 609.108, 
 subdivision 6, or 609.109, subdivision 7, work release as 
 authorized by sections 241.26, 244.065, and 631.425, probation, 
 furlough, and any other authorized temporary release from a 
 correctional facility. 

    (d) "Court services director" means the director or 
 designee of a county probation agency that is not organized 
 under chapter 401. 

    (e) "Detain" means to take into actual custody, including 
 custody within a local correctional facility. 

    (f) "Local correctional facility" has the meaning given in 
 section 241.021, subdivision 1. 

    (g) "Release" means to release from actual custody. 

    Subd. 2.    Detention pending hearing.  When it appears 
 necessary to enforce discipline or to prevent a person on 
 conditional release from escaping or absconding from 
 supervision, a court services director has the authority to 
 issue a written order directing any peace officer in the county 
 or any county probation officer serving the district and 
 juvenile courts of the county to detain and bring the person 
 before the court or the commissioner, whichever is appropriate, 
 for disposition.  This written order is sufficient authority for 
 the peace officer or probation officer to detain the person for 
 not more than 72 hours, excluding Saturdays, Sundays, and 
 holidays, pending a hearing before the court or the commissioner.

    Subd. 3.    Release before hearing.  A court services 
 director has the authority to issue a written order directing a 
 county probation officer serving the district and juvenile 
 courts of the county to release a person detained under 
 subdivision 2 within 72 hours, excluding Saturdays, Sundays, and 
 holidays, without an appearance before the court or the 
 commissioner.  This written order is sufficient authority for 
 the county probation officer to release the detained person. 

    Subd. 4.    Detention of pretrial releasee.  A court 
 services director has the authority to issue a written order 
 directing any peace officer in the county or any probation 
 officer serving the district and juvenile courts of the county 
 to detain any person on court-ordered pretrial release who 
 absconds from pretrial release or fails to abide by the 
 conditions of pretrial release.  A written order issued under 
 this subdivision is sufficient authority for the peace officer 
 or probation officer to detain the person. 

    Subd. 5.    Detention by state correctional investigator, 
 or by peace officer or probation officer from other county.  
 (a) A court services director has the authority to issue a 
 written order directing any state correctional investigator or 
 any peace officer, probation officer, or county probation 
 officer from another county to detain a person under sentence or 
 on probation who: 

    (1) fails to report to serve a sentence at a local 
 correctional facility; 

    (2) fails to return from furlough or authorized temporary 
 release from a local correctional facility; 

    (3) escapes from a local correctional facility; or 

    (4) absconds from court-ordered home detention. 

    (b) A court services director has the authority to issue a 
 written order directing any state correctional investigator or 
 any peace officer, probation officer, or county probation 
 officer from another county to detain any person on 
 court-ordered pretrial release who absconds from pretrial 
 release or fails to abide by the conditions of pretrial release. 

    (c) A written order issued under paragraph (a) or (b) is 
 sufficient authority for the state correctional investigator, 
 peace officer, probation officer, or county probation officer to 
 detain the person. 

    HIST: 1998 c 367 art 7 s 3 

PROBATION VIOLATION SANCTION CONFERENCES

     244.196 Definitions. 

    Subdivision 1.    Definitions.  As used in sections 
 244.196 to 244.199, the following terms have the meanings given 
 them. 

    Subd. 2.    Probation.  "Probation" has the meaning 
 given in section 609.02, subdivision 15. 

    Subd. 3.    Probation violation sanction.  "Probation 
 violation sanction" includes, but is not limited to, electronic 
 monitoring, intensive probation, sentencing to service, 
 reporting to a day reporting center, chemical dependency or 
 mental health treatment or counseling, community work service, 
 remote electronic alcohol monitoring, random drug testing, and 
 participation in an educational or restorative justice program. 
 A probation violation sanction does not include any type of 
 custodial sanction, including, but not limited to, detention and 
 incarceration. 

    Subd. 4.    Sanctions conference.  "Sanctions conference"
 means a voluntary conference at which the county probation 
 officer, offender, and, if appropriate, other interested parties 
 meet to discuss the probation violation sanction for the 
 offender's technical violation of probation. 

    Subd. 5.    Sanctions conference form.  "Sanctions 
 conference form" means a form developed by the chief executive 
 officer of a local corrections agency with the approval of the 
 district court that explains the sanctions conference and the 
 offender's option to elect to participate in the sanctions 
 conference or to proceed to a judicial hearing. 

    Subd. 6.    Technical violation.  "Technical violation" 
 means any violation of a court order of probation, except an 
 allegation of a subsequent criminal act that is alleged in a 
 formal complaint, citation, or petition. 

    HIST: 1Sp2003 c 2 art 6 s 1 

     244.197 Initiation of sanctions conference. 

    Subdivision 1.    Authority.  Unless the district court 
 directs otherwise, a probation agency may use a sanctions 
 conference to address an offender's technical violation of 
 probation. 

    Subd. 2.    Notice of violation.  When a probation 
 agency has reason to believe that an offender has committed a 
 technical violation of probation, the agency shall notify the 
 offender in writing of the specific nature of the technical 
 violation and the scheduling of a sanctions conference, 
 including the date, time, and location of the sanctions 
 conference.  The notice shall also state that if the offender 
 fails to appear at the sanctions conference, the probation 
 agency may apprehend and detain the offender under section 
 244.195 and ask the court to commence revocation proceedings 
 under section 609.14 and rule 27.04 of the Rules of Criminal 
 Procedure.  To the extent feasible, the sanctions conference 
 must take place within seven days of mailing of the notice to 
 the offender. 

    Subd. 3.    Sanctions conference.  At the sanctions 
 conference, the county probation officer shall provide the 
 offender with a copy of a sanctions conference form explaining 
 the sanctions conference and the offender's options for 
 proceeding.  The offender must stipulate, in writing, that the 
 offender has received a copy of the sanctions conference form 
 and that the offender understands the information contained in 
 the form and the options available to the offender.  The 
 offender also must declare, in writing, the offender's decision 
 to either participate in the sanctions conference or proceed 
 with a judicial hearing. 

    HIST: 1Sp2003 c 2 art 6 s 2 

     244.198 Participation in sanctions conference. 

    Subdivision 1.    Election to participate.  If the 
 offender elects to participate in the sanctions conference, the 
 county probation officer shall inform the offender, orally and 
 in writing, of the probation violation sanction that the county 
 probation officer is recommending for the technical violation of 
 probation.  The county probation officer shall inform the 
 offender that the probation violation sanction becomes effective 
 upon confirmation by a judge of the district court. 

    Subd. 2.    Report to district court.  If the offender 
 elects to participate in the sanctions conference, the county 
 probation officer conducting the sanctions conference shall 
 provide a report to the district court containing: 

    (1) the specific nature of the technical violation of 
 probation; 

    (2) the notice provided to the offender of the technical 
 violation of probation and the scheduling of the sanctions 
 conference; 

    (3) a copy of the offender's signed stipulation indicating 
 that the offender received a copy of the sanctions conference 
 form and understood it; 

    (4) a copy of the offender's written declaration to 
 participate in the sanctions conference; and 

    (5) the recommended probation violation sanction. 

 The recommended probation violation sanction becomes effective 
 when confirmed by a judge.  The order of the court shall be 
 proof of such confirmation. 

    Subd. 3.    Response to district court action.  (a) Upon 
 the county probation officer's receipt of a confirmed order by 
 the judge, the county probation officer shall notify the 
 offender and the prosecuting authority in writing that the 
 probation violation sanction has been approved by the court. 

    (b) If the court does not confirm the recommendation of the 
 county probation officer, the probation violation sanction shall 
 not go into effect.  The county probation officer shall notify 
 the offender that the court has not confirmed the sanction. 

    (c) If the court does not confirm the recommendation, the 
 county probation officer may ask the court to commence 
 revocation proceedings under section 609.14. 

    Subd. 4.    Appeal.  An offender may appeal the judge's 
 confirmation of the probation violation sanction as provided in 
 rule 28.05 of the Rules of Criminal Procedure. 

    HIST: 1Sp2003 c 2 art 6 s 3 

     244.199 Election not to participate. 

    If the offender elects not to participate in the sanctions 
 conference, the county probation officer may ask the court to 
 initiate revocation proceedings or refer the matter to the 
 appropriate prosecuting authority for action under section 
 609.14.  The county probation officer also may take action to 
 apprehend and detain the offender under section 244.195. 

    HIST: 1Sp2003 c 2 art 6 s 4 

     244.1995 Sanctions conference procedures. 

    The chief executive officer of a local corrections agency, 
 with approval of the district court, shall develop procedures 
 for the sanctions conference identified in sections 244.196 to 
 244.199, and develop a sanctions conference form that includes 
 notice to the offender: 

    (1) of the specific court-ordered condition of release that 
 the offender has allegedly violated, the probation officer's 
 authority to ask the court to revoke the offender's probation 
 for the technical violation, and the offender's right to elect 
 to participate in a sanctions conference to address the 
 technical violation in lieu of the probation officer asking the 
 court to revoke the offender's probation; 

    (2) that participation in the sanctions conference is in 
 lieu of a court hearing under section 609.14, and that, if the 
 offender elects to participate in the sanctions conference, the 
 offender must admit, or agree not to contest, the alleged 
 technical violation and must waive the right to contest the 
 violation at a judicial hearing, present evidence, call 
 witnesses, cross-examine the state's witnesses, and be 
 represented by counsel; 

    (3) that, if the offender chooses, the offender has a right 
 to a hearing before the court under section 609.14, for a 
 determination of whether the offender committed the alleged 
 violation, including the right to be present at the hearing, to 
 cross-examine witnesses, to have witnesses subpoenaed for the 
 offender, to have an attorney present or to have an attorney 
 appointed if the offender cannot afford one, and to require the 
 state to prove the allegations against the offender; 

    (4) that if, after a hearing, the court finds the 
 violations have been proven, the court may continue the 
 sentence, subject to the same, modified, or additional 
 conditions, or order a sanction that may include incarceration, 
 additional fines, revocation of the stay of sentence, imposition 
 of sentence, or other sanctions; 

    (5) that the decision to participate in the sanctions 
 conference will not result in the probation officer recommending 
 revocation of the offender's stay of sentence, unless the 
 offender fails to successfully complete the probation violation 
 sanction; 

    (6) that various types of probation violation sanctions may 
 be imposed and that the probation violation sanctions imposed on 
 the offender will depend on the nature of the technical 
 violation, the offender's criminal history, and the offender's 
 level of supervision; 

    (7) that the probation violation sanctions supplement any 
 existing conditions of release; and 

    (8) that participation in the sanctions conference requires 
 completion of all probation violation sanctions imposed by the 
 probation agency, and that failure to successfully complete the 
 imposed probation violation sanctions could result in additional 
 sanctions or the commencement of revocation proceedings under 
 section 609.14. 

    HIST: 1Sp2003 c 2 art 6 s 6 

PROBATION SERVICES AND CLASSIFICATION SYSTEM

     244.20 Probation supervision. 

    Notwithstanding sections 244.19, subdivision 1, and 
 609.135, subdivision 1, the Department of Corrections shall have 
 exclusive responsibility for providing probation services for 
 adult felons in counties that do not take part in the Community 
 Corrections Act.  In counties that do not take part in the 
 Community Corrections Act, the responsibility for providing 
 probation services for individuals convicted of gross 
 misdemeanor offenses shall be discharged according to local 
 judicial policy. 

    HIST: 1997 c 239 art 9 s 27,51 

     244.21 Collection of information on offenders; reports 
  required. 

    Subdivision 1.    Collection of information by probation 
 service providers; report required.  By January 1, 1998, 
 probation service providers shall begin collecting and 
 maintaining information on offenders under supervision.  The 
 commissioner of corrections shall specify the nature and extent 
 of the information to be collected.  By April 1 of every year, 
 each probation service provider shall report a summary of the 
 information collected to the commissioner. 

    Subd. 2.    Commissioner of corrections report.  By 
 January 15, 1998, the commissioner of corrections shall report 
 to the chairs of the senate crime prevention and house of 
 representatives judiciary committees on recommended methods of 
 coordinating the exchange of information collected on offenders 
 under subdivision 1:  (1) between probation service providers; 
 and (2) between probation service providers and the Department 
 of Corrections, without requiring service providers to acquire 
 uniform computer software. 

    HIST: 1997 c 239 art 9 s 28 

     244.22 Review of planned expenditures of probation 
  service providers; distribution of money to multiple probation 
  service providers within a single county. 

    (a) The commissioner of corrections shall review the 
 planned expenditures of probation service providers before 
 allocating probation caseload reduction grants appropriated by 
 the legislature.  The review must determine whether the planned 
 expenditures comply with applicable law. 

    (b) In counties where probation services are provided by 
 both county and Department of Corrections employees, a 
 collaborative plan addressing the local needs shall be 
 developed.  The commissioner of corrections shall specify the 
 manner in which probation caseload reduction grant money shall 
 be distributed between the providers according to the approved 
 plan. 

    HIST: 1997 c 239 art 9 s 29 

     244.24 Classification system for adult offenders. 

    By February 1, 1998, all probation agencies shall adopt 
 written policies for classifying adult offenders.  The 
 commissioner of corrections shall assist probation agencies in 
 locating organizations that may provide training and technical 
 assistance to the agencies concerning methods to develop and 
 implement effective, valid classification systems. 

    HIST: 1997 c 239 art 9 s 30