Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

CHAPTER 244. CRIMINAL SENTENCES, CONDITIONS, DURATION, APPEALS

Table of Sections
SectionHeadnote
244.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.

DEFINITIONS AND GENERAL PROVISIONS

244.01DEFINITIONS.
244.02Repealed, 1999 c 126 s 13
244.03REHABILITATIVE PROGRAMS.
244.035SANCTIONS RELATED TO LITIGATION.
244.04GOOD TIME.
244.05SUPERVISED RELEASE TERM.
244.051EARLY REPORTS OF MISSING OFFENDERS.

PREDATORY OFFENDERS

244.052PREDATORY OFFENDERS; NOTICE.

RELEASE AND DISCHARGE

244.053NOTICE OF RELEASE OF CERTAIN OFFENDERS.
244.054DISCHARGE PLANS; OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS.

CONDITIONAL RELEASE OF NONVIOLENT

CONTROLLED SUBSTANCE OFFENDERS

244.055CONDITIONAL RELEASE OF NONVIOLENT CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.
244.056PREDATORY OFFENDER SEEKING HOUSING IN JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.
244.057PLACEMENT OF PREDATORY OFFENDER IN HOUSEHOLD WITH CHILDREN.
244.06Repealed, 1997 c 239 art 9 s 52

PRIVATE EMPLOYMENT AND FURLOUGHS

244.065PRIVATE EMPLOYMENT OF INMATES OF STATE CORRECTIONAL INSTITUTIONS IN COMMUNITY.
244.07FURLOUGHS.
244.08COMMISSIONER OF CORRECTIONS.

SENTENCING GUIDELINES COMMISSION

244.09MINNESOTA SENTENCING GUIDELINES COMMISSION.
244.095Repealed, 1991 c 279 s 41

SENTENCING

244.10SENTENCING HEARING; DEVIATION FROM GUIDELINES.
244.101SENTENCING OF FELONY OFFENDERS WHO COMMIT OFFENSES ON AND AFTER AUGUST 1, 1993.

APPELLATE REVIEW

244.11APPELLATE REVIEW OF SENTENCE.

INTENSIVE COMMUNITY SUPERVISION

244.12INTENSIVE COMMUNITY SUPERVISION.
244.13INTENSIVE COMMUNITY SUPERVISION AND INTENSIVE SUPERVISED RELEASE; ESTABLISHMENT OF PROGRAMS.
244.14INTENSIVE COMMUNITY SUPERVISION; BASIC ELEMENTS.
244.15INTENSIVE COMMUNITY SUPERVISION; PHASES I TO IV.

DAY-FINES

244.16DAY-FINES.

CHALLENGE INCARCERATION PROGRAM

244.17CHALLENGE INCARCERATION PROGRAM.
244.171CHALLENGE INCARCERATION PROGRAM; BASIC ELEMENTS.
244.172CHALLENGE INCARCERATION PROGRAM; PHASES I TO III.
244.173CHALLENGE INCARCERATION PROGRAM; EVALUATION AND REPORT.

OFFENDER FEES

244.18LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS.

PROBATION OFFICERS

244.19PROBATION OFFICERS.

DETENTION AND RELEASE

244.195DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.

PROBATION VIOLATION SANCTION CONFERENCES

244.196DEFINITIONS.
244.197INITIATION OF SANCTIONS CONFERENCE.
244.198PARTICIPATION IN SANCTIONS CONFERENCE.
244.199ELECTION NOT TO PARTICIPATE.
244.1995SANCTIONS CONFERENCE PROCEDURES.

PROBATION SERVICES AND

CLASSIFICATION SYSTEM

244.20PROBATION SUPERVISION.
244.21COLLECTION OF INFORMATION ON OFFENDERS; REPORTS REQUIRED.
244.22REVIEW OF PLANNED EXPENDITURES OF PROBATION SERVICE PROVIDERS; DISTRIBUTION OF MONEY TO MULTIPLE PROBATION SERVICE PROVIDERS WITHIN A SINGLE COUNTY.
244.24CLASSIFICATION SYSTEM FOR ADULT OFFENDERS.
244.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

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.
History: 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.
History: 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.
History: 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 conditionally released by the commissioner under section 609.3455 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.
History: 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;
2005 c 136 art 2 s 1
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 or conditional release, and shall specify the period of
revocation for each violation of release. Procedures for the revocation of 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. (a) An inmate serving a mandatory
life sentence under section 609.106 or 609.3455, subdivision 2, must not be given supervised
release under this section.
(b) An inmate serving a mandatory life sentence under section 609.185, clause (3), (5), or
(6); or 609.109, subdivision 3, must not be given supervised release under this section without
having served a minimum term of 30 years.
(c) 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.
(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3 or 4,
must not be given supervised release under this section without having served the minimum term
of imprisonment specified by the court in its sentence.
    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 (3), (5), or (6); 609.109, subdivision 3; 609.3455,
subdivision 3
or 4; 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) When considering whether to give supervised release to an inmate serving a life sentence
under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at a minimum,
the following: the risk the inmate poses to the community if released, the inmate's progress in
treatment, the inmate's behavior while incarcerated, psychological or other diagnostic evaluations
of the inmate, the inmate's criminal history, and any other relevant conduct of the inmate while
incarcerated or before incarceration. The commissioner may not give supervised release to the
inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has successfully
completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison employment
or education plan for the inmate.
(e) 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 section 609.342, 609.343, 609.344,
609.345, or 609.3453 or was sentenced under the provisions of section 609.3455, subdivision
3a
. The commissioner shall order that all level III predatory offenders be placed on intensive
supervised release for the entire supervised release, conditional release, or parole term. 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 609.3455.
    Subd. 7. Sex offenders; civil commitment determination. (a) Before the commissioner
releases from prison any inmate convicted under section 609.342, 609.343, 609.344, 609.345,
or 609.3453, or sentenced as a patterned offender under section 609.3455, subdivision 3a, 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. The commissioner's opinion must be based on a recommendation
of a Department of Corrections screening committee and a legal review and recommendation from
independent counsel knowledgeable in the legal requirements of the civil commitment process.
The commissioner may retain a retired judge or other attorney to serve as independent counsel.
(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 that 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.
History: 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; 2005 c
10 art 1 s 40,41; 2005 c 136 art 2 s 2-4; art 3 s 10,11; 2006 c 260 art 1 s 47
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.
History: 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 items (ii), (iii), and (iv), 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.
(iii) If the offender is subject to a mandatory life sentence under section 609.3455, subdivision
3
or 4, the commissioner of corrections shall convene the appropriate end-of-confinement review
committee at least nine months before the offender's minimum term of imprisonment has been
served. If the offender is received for confinement in a facility with less than nine months
remaining before the offender's minimum term of imprisonment has been served, the committee
shall conform its procedures to those outlined in item (ii) to the extent practicable.
(iv) If the offender is granted supervised release, the commissioner of corrections shall
notify the appropriate end-of-confinement review committee that it needs to review the offender's
previously determined risk level at its next regularly scheduled meeting. The commissioner shall
make reasonable efforts to ensure that the offender's earlier risk level determination is reviewed
and the risk level is confirmed or reassigned at least 60 days before the offender's release date.
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.
(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. Except for an offender subject to
a mandatory life sentence under section 609.3455, subdivision 3 or 4, who has not been granted
supervised release, 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 offender is subject
to a mandatory life sentence and has not yet served the entire minimum term of imprisonment,
the committee shall give the report to the offender and to the commissioner at least six months
before the offender is first eligible for release. 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) 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. 3a. Offenders from other states and offenders released from federal facilities.
(a) Except as provided in paragraph (b), the commissioner shall establish an end-of-confinement
review committee to assign a risk level:
(1) to offenders who are released from a federal correctional facility in Minnesota or a
federal correctional facility in another state and who intend to reside in Minnesota;
(2) to offenders who are accepted from another state under the interstate compact authorized
by section 243.16 or 243.1605 or any other authorized interstate agreement; and
(3) to offenders who are referred to the committee by local law enforcement agencies
under paragraph (f).
(b) This subdivision does not require the commissioner to convene an end-of-confinement
review committee for a person coming into Minnesota who is subject to probation under another
state's law. The probation or court services officer and law enforcement officer shall manage such
cases in accordance with section 244.10, subdivision 8.
(c) The committee shall make reasonable efforts to conform to the same timelines applied to
offenders released from a Minnesota correctional facility and shall collect all relevant information
and records on offenders assessed and assigned a risk level under this subdivision. However, for
offenders who were assigned the most serious risk level by another state, the committee must act
promptly to collect the information required under this paragraph.
The end-of-confinement review committee must proceed in accordance with all requirements
set forth in this section and follow all policies and procedures applied to offenders released from a
Minnesota correctional facility in reviewing information and assessing the risk level of offenders
covered by this subdivision, unless restrictions caused by the nature of federal or interstate
transfers prevent such conformance. All of the provisions of this section apply to offenders who
are assessed and assigned a risk level under this subdivision.
(d) If a local law enforcement agency learns or suspects that a person who is subject to this
section is living in Minnesota and a risk level has not been assigned to the person under this
section, the law enforcement agency shall provide this information to the Bureau of Criminal
Apprehension and the commissioner of corrections within three business days.
(e) If the commissioner receives reliable information from a local law enforcement agency or
the bureau that a person subject to this section is living in Minnesota and a local law enforcement
agency so requests, the commissioner must determine if the person was assigned a risk level under
a law comparable to this section. If the commissioner determines that the law is comparable and
public safety warrants, the commissioner, within three business days of receiving a request, shall
notify the local law enforcement agency that it may, in consultation with the department, proceed
with notification under subdivision 4 based on the person's out-of-state risk level. However, if the
commissioner concludes that the offender is from a state with a risk level assessment law that is
not comparable to this section, the extent of the notification may not exceed that of a risk level
II offender under subdivision 4, paragraph (b), unless the requirements of paragraph (f) have
been met. If an assessment is requested from the end-of-confinement review committee under
paragraph (f), the local law enforcement agency may continue to disclose information under
subdivision 4 until the committee assigns the person a risk level. After the committee assigns a
risk level to an offender pursuant to a request made under paragraph (f), the information disclosed
by law enforcement shall be consistent with the risk level assigned by the end-of-confinement
review committee. The commissioner of corrections, in consultation with legal advisers, shall
determine whether the law of another state is comparable to this section.
(f) If the local law enforcement agency wants to make a broader disclosure than is authorized
under paragraph (e), the law enforcement agency may request that an end-of-confinement review
committee assign a risk level to the offender. The local law enforcement agency shall provide to
the committee all information concerning the offender's criminal history, the risk the offender
poses to the community, and other relevant information. The department shall attempt to obtain
other information relevant to determining which risk level to assign the offender. The committee
shall promptly assign a risk level to an offender referred to the committee under this paragraph.
    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. This requirement on a law enforcement agency to continue to disclose information also
applies to an offender who lacks a primary address and is registering under section 243.166,
subdivision 3a
.
(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.
(i) An offender who is the subject of a community notification meeting held pursuant to this
section may not attend the meeting.
(j) When a school, day care facility, or other entity or program that primarily educates or
serves children receives notice under paragraph (b), clause (3), that a level III predatory offender
resides or works in the surrounding community, notice to parents must be made as provided in this
paragraph. If the predatory offender identified in the notice is participating in programs offered
by the facility that require or allow the person to interact with children other than the person's
children, the principal or head of the entity must notify parents with children at the facility of the
contents of the notice received pursuant to this section. The immunity provisions of subdivision 7
apply to persons disclosing information under this paragraph.
    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. 4c. Law enforcement agency; disclosure of information to a health care facility.
(a) The law enforcement agency in the area where a health care facility is located shall disclose
the registrant status of any predatory offender registered under section 243.166 to the health care
facility if the registered offender is receiving inpatient care in that facility.
(b) As used in this section, "health care facility" means a hospital or other entity licensed
under sections 144.50 to 144.58, a nursing home licensed to serve adults under section 144A.02,
or a group residential housing facility or an intermediate care facility for the developmentally
disabled licensed under chapter 245A.
    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.
History: 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; 2005 c 56 s 1; 2005 c 136 art 3 s 12-15; art 16 s 13; 2006 c 260 art 3 s 11

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

CONDITIONAL RELEASE OF NONVIOLENT

CONTROLLED SUBSTANCE OFFENDERS

244.055 CONDITIONAL RELEASE OF NONVIOLENT CONTROLLED SUBSTANCE
OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.
    Subdivision 1. Conditional release authority. The commissioner of corrections has
the authority to release offenders committed to the commissioner's custody who meet the
requirements of this section and of any rules adopted by the commissioner.
    Subd. 2. Conditional release of certain nonviolent controlled substance offenders. An
offender who has been committed to the commissioner's custody may petition the commissioner
for conditional release from prison before the offender's scheduled supervised release date or
target release date if:
(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or 2a;
152.022, subdivision 2; 152.023; 152.024; or 152.025;
(2) the offender committed the crime as a result of a controlled substance addiction, and not
primarily for profit;
(3) the offender has served at least 36 months or one-half of the offender's term of
imprisonment, whichever is less;
(4) the offender successfully completed a chemical dependency treatment program of the
type described in this section while in prison;
(5) the offender has not previously been conditionally released under this section; and
(6) the offender has not within the past ten years been convicted or adjudicated delinquent
for a violent crime as defined in section 609.1095 other than the current conviction for the
controlled substance offense.
    Subd. 3. Offer of chemical dependency treatment. The commissioner shall offer all
offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and (6), the
opportunity to begin a suitable chemical dependency treatment program of the type described
in this section within 160 days after the offender's term of imprisonment begins or as soon after
160 days as possible.
    Subd. 4. Chemical dependency treatment program components. (a) The chemical
dependency treatment program described in subdivisions 2 and 3 must:
(1) contain a highly structured daily schedule for the offender;
(2) contain individualized educational programs designed to improve the basic educational
skills of the offender and to provide vocational training, if appropriate;
(3) 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;
(4) be licensed by the Department of Human Services and designed to serve the inmate
population; and
(5) 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.
(b) The commissioner shall expel from the chemical dependency treatment program, any
offender who:
(1) commits a material violation of, or repeatedly fails to follow the rules of the program;
(2) commits any criminal offense while in the program; or
(3) presents any risk to other inmates based on the offender's behavior or attitude.
    Subd. 5. Additional requirements. To be eligible for release under this section, an offender
shall sign a written contract with the commissioner agreeing to comply with the requirements
of this section and the conditions imposed by the commissioner. In addition to other items, the
contract must specifically refer to the term of imprisonment extension in subdivision 6. In
addition, the offender shall agree to submit to random drug and alcohol tests and electronic or
home monitoring as determined by the commissioner or the offender's supervising agent. The
commissioner may impose additional requirements on the offender that are necessary to carry
out the goals of this section.
    Subd. 6. Extension of term of imprisonment for offenders who fail in treatment. When
an offender fails to successfully complete the chemical dependency treatment program under this
section, the commissioner shall add the time that the offender was participating in the program to
the offender's term of imprisonment. However, the offender's term of imprisonment may not be
extended beyond the offender's executed sentence.
    Subd. 7. Release procedures. The commissioner may deny conditional release to an offender
under this section if the commissioner determines that the offender's release may reasonably pose
a danger to the public or an individual. In making this determination, the commissioner shall
follow the procedures contained in section 244.05, subdivision 5, and the rules adopted by the
commissioner under that subdivision. The commissioner shall consider whether the offender
was involved in criminal gang activity during the offender's prison term. The commissioner
shall also consider the offender's custody classification and level of risk of violence and the
availability of appropriate community supervision for the offender. Conditional release granted
under this section continues until the offender's sentence expires, unless release is rescinded
under subdivision 8. The commissioner may not grant conditional release unless a release plan
is in place for the offender that addresses, at a minimum, plans for aftercare, community-based
chemical dependency treatment, gaining employment, and securing housing.
    Subd. 8. Conditional release. The conditions of release granted under this section are
governed by the statutes and rules governing supervised release under this chapter, except that
release may be rescinded without hearing by the commissioner if the commissioner determines
that continuation of the conditional release poses a danger to the public or to an individual. If the
commissioner rescinds an offender's conditional release, the offender shall be returned to prison
and shall serve the remaining portion of the offender's sentence.
    Subd. 9. Offenders serving other sentences. An offender who is serving both a sentence
for an offense described in subdivision 2 and an offense not described in subdivision 2, is not
eligible for release under this section unless the offender has completed the offender's full term of
imprisonment for the other offense.
    Subd. 10. Notice. Upon receiving an offender's petition for release under subdivision 2, the
commissioner shall notify the prosecuting authority responsible for the offender's conviction
and the sentencing court. The commissioner shall give the authority and court a reasonable
opportunity to comment on the offender's potential release. If the authority or court elects to
comment, the comments must specify the reasons for the authority or court's position. This
subdivision applies only to offenders sentenced before July 1, 2005.
    Subd. 11. Sunset. This section expires July 1, 2009.
History: 2005 c 136 art 13 s 6; 2006 c 260 art 4 s 11,12
244.056 PREDATORY OFFENDER SEEKING HOUSING IN JURISDICTION OF
DIFFERENT CORRECTIONS AGENCY.
If a corrections agency supervising an offender who is required to register as a predatory
offender under section 243.166 and who is classified by the department as a public risk monitoring
case has knowledge that the offender is seeking housing arrangements in a location under the
jurisdiction of another corrections agency, the agency shall notify the other agency of this and
initiate a supervision transfer request.
History: 2005 c 136 art 3 s 16
244.057 PLACEMENT OF PREDATORY OFFENDER IN HOUSEHOLD WITH
CHILDREN.
A corrections agency supervising an offender required to register as a predatory offender
under section 243.166 shall notify the appropriate child protection agency before authorizing the
offender to live in a household where children are residing.
History: 2005 c 136 art 3 s 17
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.
History: 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.
History: 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.
History: 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
shall provide for an increase of 20 percent and a decrease of 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 15 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 15 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.
History: 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; 2005 c 136 art 16 s 1,2
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.[Repealed, 2005 c 136 art 16 s 16; Renumbered subd 8]
    Subd. 3.[Repealed, 2005 c 136 art 16 s 16; Renumbered subd 9]
    Subd. 4. Aggravated departures. In bringing a motion for an aggravated sentence, the
state is not limited to factors specified in the Sentencing Guidelines provided the state provides
reasonable notice to the defendant and the district court prior to sentencing of the factors on
which the state intends to rely.
    Subd. 5. Procedures in cases where state intends to seek an aggravated departure. (a)
When the prosecutor provides reasonable notice under subdivision 4, the district court shall allow
the state to prove beyond a reasonable doubt to a jury of 12 members the factors in support of the
state's request for an aggravated departure from the Sentencing Guidelines or the state's request
for an aggravated sentence under any sentencing enhancement statute or the state's request for a
mandatory minimum under section 609.11 as provided in paragraph (b) or (c).
(b) The district court shall allow a unitary trial and final argument to a jury regarding both
evidence in support of the elements of the offense and evidence in support of aggravating factors
when the evidence in support of the aggravating factors:
(1) would be admissible as part of the trial on the elements of the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be determined by use of a special verdict form.
Upon the request of the prosecutor, the court shall allow bifurcated argument and jury
deliberations.
(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury, to
allow for the production of evidence, argument, and deliberations on the existence of factors
in support of an aggravated departure after the return of a guilty verdict when the evidence in
support of an aggravated departure:
(1) includes evidence that is otherwise inadmissible at a trial on the elements of the offense;
and
(2) would result in unfair prejudice to the defendant.
    Subd. 6. Defendants to present evidence and argument. In either a unitary or bifurcated
trial under subdivision 5, a defendant shall be allowed to present evidence and argument to
the jury or factfinder regarding whether facts exist that would justify an aggravated departure
or an aggravated sentence under any sentencing enhancement statute or a mandatory minimum
sentence under section 609.11. A defendant is not allowed to present evidence or argument to
the jury or factfinder regarding facts in support of a mitigated departure during the trial, but may
present evidence and argument in support of a mitigated departure to the judge as factfinder
during a sentencing hearing.
    Subd. 7. Waiver of jury determination. The defendant may waive the right to a jury
determination of whether facts exist that would justify an aggravated sentence. Upon receipt of a
waiver of a jury trial on this issue, the district court shall determine beyond a reasonable doubt
whether the factors in support of the state's motion for aggravated departure or an aggravated
sentence under any sentencing enhancement statute or a mandatory minimum sentence under
section 609.11 exist.
    Subd. 8. 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 law enforcement officer, in consultation with the offender's probation officer, also
may disclose the information to individuals the officer believes are likely to be victimized by
the offender. The officer'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
Department of Human Services.
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 241.021 or
245A.02, subdivision 14, 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. 9. 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.
History: 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; 2005 c 136 art 3 s 18; art 16 s 3-8,13; 1Sp2005 c 7 s 17; 2006 c 260 art 1 s 1-3
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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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 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.
History: 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; 2005 c 136 art 13 s 7

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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 1997 c 239 art 9 s 30