2006 Minnesota Statutes

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