Sec. 2.

new text begin [244.031] REHABILITATIVE NEED ASSESSMENT AND
INDIVIDUALIZED PROGRAM PLAN REQUIRED.
new text end

new text begin (a) The commissioner shall develop a comprehensive need assessment process for each
person who is serving a fixed term of imprisonment in a state correctional facility on or
after January 1, 2024, and has 365 days or more remaining until the person's scheduled
supervised release date.
new text end

new text begin (b) Upon completion of the assessment process, the commissioner shall ensure the
development of an individualized program plan, along with identified goals for every person
committed to the authority of the Department of Corrections. The individualized program
plan shall be holistic in nature in that it identifies intended outcomes for addressing the
incarcerated person's needs and risk factors, the individual's identified strengths, and available
and needed community supports, including victim safety considerations as required in
section 244.0552, if applicable.
new text end

new text begin (c) When an individual is committed to the custody of the commissioner for a crime
resulting in harm against a person or persons, the commissioner shall provide opportunity
for input during the assessment and program plan process. Victim input may include a
summary of victim concerns relative to release, concerns related to victim safety during the
committed person's term of imprisonment, and requests for imposition of victim safety
protocols as additional conditions of imprisonment or supervised release.
new text end

new text begin (d) The commissioner shall consider victim input statements in program planning and
establishing conditions governing confinement or release.
new text end

new text begin (e) For an individual with less than 365 days remaining until the individual's supervised
release date, the commissioner, in consultation with the incarcerated individual, shall develop
a transition and release plan.
new text end

Sec. 3.

new text begin [244.032] EARNED INCENTIVE RELEASE.
new text end

new text begin (a) For the purposes of this section, "earned incentive release" means release credit that
is earned and subtracted from the term of imprisonment for completion of objectives
established by an incarcerated person's individualized program plan.
new text end

new text begin (b) To encourage and support rehabilitation when consistent with public interest and
public safety, the commissioner of corrections, in consultation with the Minnesota County
Attorney's Association, Minnesota Board of Public Defense, Minnesota Association of
Community Corrections Act Counties, Minnesota Indian Women's Sexual Assault Coalition,
Violence Free Minnesota, Minnesota Coalition Against Sexual Assault, Minnesota Alliance
on Crime, Minnesota Sheriff's Association, Minnesota Chiefs of Police Association,
Minnesota Police and Peace Officers Association, and faith-based organizations that reflect
the demographics of the incarcerated population, shall establish policy providing for earned
incentive release credit and forfeiture of the credit as part of the term of imprisonment. The
policy shall:
new text end

new text begin (1) provide circumstances upon which an incarcerated person may earn incentive release
credits, including participation in rehabilitative programming as required under section
244.031; and
new text end

new text begin (2) address those circumstances where (i) the capacity to provide treatment programming
in the correctional facility is diminished but the services are available to the community,
and (ii) the conditions under which the incarcerated person could be released to the
community-based resource but remain subject to commitment to the commissioner and
considered for earned incentive release credit.
new text end

new text begin (c) The commissioner shall also develop a policy establishing a process for assessing
and addressing any systemic and programmatic gender and racial disparities that may be
identified in the award of earned incentive release credits.
new text end

Sec. 4.

new text begin [244.033] APPLICATION OF EARNED INCENTIVE RELEASE CREDIT.
new text end

new text begin (a) Earned incentive release credits shall be subtracted from the term of imprisonment
but shall not be added the person's supervised release term. The maximum amount of earned
incentive release credit that can be earned and subtracted from the term of imprisonment is
17 percent of the term of imprisonment, but in no case shall the credit reduce the term of
imprisonment to less than one-half of the incarcerated person's executed sentence.
new text end

new text begin (b) The earned incentive release program is separate and distinct from other legislatively
authorized release programs, including the challenge incarceration program, work release,
conditional medical release, or Conditional Release of Nonviolent Controlled Substance
Offenders program, which may have unique statutory requirements and obligations.
new text end

Sec. 5.

new text begin [244.034] CERTAIN OFFENSES INELIGIBLE FOR EARNED INCENTIVE
RELEASE CREDIT.
new text end

new text begin Persons serving life sentences, persons given indeterminate sentences for crimes
committed on or before April 30, 1980, or persons subject to good time under section 244.04,
or similar laws are ineligible for earned incentive release credit.
new text end