A bill for an act
relating to corrections; establishing the Minnesota Rehabilitation and Reinvestment
Act; providing for earned incentive release and supervision abatement status;
requiring reports; appropriating money; amending Minnesota Statutes 2020, sections
244.03; 244.05, subdivision 1b; proposing coding for new law in Minnesota
Statutes, chapter 244.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 244.03, is amended to read:
The commissioner shall deleted text beginprovide 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
programsdeleted text endnew text begin develop, implement, and provide appropriate substance abuse treatment programs;
sexual offender treatment programming; medical and mental health services; and vocational,
employment and career, educational, and other rehabilitative programs for persons committed
to the authority of the commissionernew text end.
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While evidence-based programs shall be prioritized, 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 the
programs under this section.
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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 deleted text begininmatedeleted text endnew text begin incarcerated personnew text end in
any court in this state.
The commissioner may impose disciplinary sanctions upon any deleted text begininmatedeleted text endnew text begin incarcerated
personnew text end who refuses to participate in rehabilitative programs.
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(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 August 1, 2021, and has 365 days or more remaining until the person's scheduled
supervised release date.
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(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.
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(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.
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(d) The commissioner shall consider victim input statements in program planning and
establishing conditions governing confinement or release.
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(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.
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(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.
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(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, the Minnesota Sheriff's Association, Minnesota Chiefs of Police Association,
and the Minnesota Police and Peace Officers Association, shall establish policy providing
for earned incentive release credit and forfeiture of the credit as part of the term of
imprisonment. The policy shall:
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(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
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(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.
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(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.
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(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.
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(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.
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(a) A person committed to the commissioner for any of the following offenses shall be
ineligible for earned incentive release credit under sections 244.031 to 244.033:
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(1) section 609.185, first degree murder, or 609.19, murder in the second degree;
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(2) section 609.195, murder in the third degree, or 609.221, assault in the first degree;
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(3) section 609.342, first degree criminal sexual conduct, 609.343, second degree criminal
sexual conduct, or 609.344, third degree criminal sexual conduct, if the offense was
committed with force or violence;
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(4) section 609.3455, subdivision 5, dangerous sex offenders, where the court shall
specify a minimum term of imprisonment, based on the sentencing guidelines or any
applicable mandatory minimum sentence, that must be served before the offender may be
considered for supervised release;
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(5) section 609.229, subdivision 4, paragraph (b), crimes committed for the benefit of
a gang where any person convicted and sentenced as required by section 609.229, subdivision
4, paragraph (a), is not eligible for probation, parole, discharge, work release, or supervised
release until that person has served the full term of imprisonment as provided by law;
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(6) section 152.026 where a person with a mandatory minimum sentence imposed for
a first or second degree controlled substance crime is not eligible for probation, parole,
discharge, or supervised release until that person has served the full term of imprisonment
as provided by law;
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(7) a person who was convicted in any other jurisdiction of a crime and the person's
supervision was transferred to this state;
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(8) section 243.166, subdivision 5, paragraph (e), predatory offender registration;
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(9) section 609.11, subdivision 6, use of firearm or dangerous weapon during the
commission of certain offenses;
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(10) section 609.221, subdivision 2, paragraph (b), use of deadly force against a peace
officer, prosecutor, judge, or correctional employee;
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(11) section 609.2231, subdivision 3a, paragraph (d), assault against secure treatment
personnel; and
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(12) a person subject to a conditional release term under section 609.3455, subdivisions
6 and 7, whether on the present offense or previous offense for which a term of conditional
release remains.
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(b) 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.
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