Bill Text: MN SF976 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Nonviolent controlled substance offenders conditional release and treatment program
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-05-20 - General Orders: Stricken and returned to author [SF976 Detail]
Download: Minnesota-2013-SF976-Engrossed.html
1.2relating to public safety; reenacting an expired program authorizing the release
1.3from prison of certain nonviolent controlled substance offenders;proposing
1.4coding for new law in Minnesota Statutes, chapter 244.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [244.0551] CONDITIONAL RELEASE OF NONVIOLENT
1.7CONTROLLED SUBSTANCE OFFENDERS; TREATMENT.
1.8 Subdivision 1. Conditional release authority. The commissioner of corrections has
1.9the authority to release offenders committed to the commissioner's custody who meet the
1.10requirements of this section and of any rules adopted by the commissioner.
1.11 Subd. 2. Conditional release of certain nonviolent controlled substance
1.12offenders. An offender who has been committed to the commissioner's custody may
1.13petition the commissioner for conditional release from prison before the offender's
1.14scheduled supervised release date or target release date if:
1.15(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
1.162a; 152.022, subdivision 2; 152.023; 152.024; or 152.025;
1.17(2) the offender committed the crime as a result of a controlled substance addiction,
1.18and not primarily for profit;
1.19(3) the offender has served at least 36 months or one-half of the offender's term of
1.20imprisonment, whichever is less;
1.21(4) the offender successfully completed a chemical dependency treatment program
1.22of the type described in this section while in prison;
1.23(5) the offender has not previously been conditionally released under this section; and
2.1(6) the offender has not within the past ten years been convicted or adjudicated
2.2delinquent for a violent crime as defined in section 609.1095 other than the current
2.3conviction for the controlled substance offense.
2.4 Subd. 3. Offer of chemical dependency treatment. The commissioner shall offer
2.5all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and
2.6(6), the opportunity to begin a suitable chemical dependency treatment program of the
2.7type described in this section within 160 days after the offender's term of imprisonment
2.8begins or as soon after 160 days as possible.
2.9 Subd. 4. Chemical dependency treatment program components. (a) The
2.10chemical dependency treatment program described in subdivisions 2 and 3 must:
2.11(1) contain a highly structured daily schedule for the offender;
2.12(2) contain individualized educational programs designed to improve the basic
2.13educational skills of the offender and to provide vocational training, if appropriate;
2.14(3) contain programs designed to promote the offender's self-worth and the offender's
2.15acceptance of responsibility for the consequences of the offender's own decisions;
2.16(4) be certified by the Department of Human Services and designed to serve the
2.17inmate population; and
2.18(5) require that each offender submit to a chemical use assessment and that the
2.19offender receive the appropriate level of treatment as indicated by the assessment.
2.20(b) The commissioner shall expel from the chemical dependency treatment program
2.21any offender who:
2.22(1) commits a material violation of or repeatedly fails to follow the rules of the
2.23program;
2.24(2) commits any criminal offense while in the program; or
2.25(3) presents any risk to other inmates based on the offender's behavior or attitude.
2.26 Subd. 5. Additional requirements. To be eligible for release under this section,
2.27an offender shall sign a written contract with the commissioner agreeing to comply with
2.28the requirements of this section and the conditions imposed by the commissioner. In
2.29addition to other items, the contract must specifically refer to the term of imprisonment
2.30extension in subdivision 6. In addition, the offender shall agree to submit to random drug
2.31and alcohol tests and electronic or home monitoring as determined by the commissioner or
2.32the offender's supervising agent. The commissioner may impose additional requirements
2.33on the offender that are necessary to carry out the goals of this section.
2.34 Subd. 6. Extension of term of imprisonment for offenders who fail in treatment.
2.35When an offender fails to successfully complete the chemical dependency treatment
2.36program under this section, the commissioner shall add the time that the offender was
3.1participating in the program to the offender's term of imprisonment. However, the
3.2offender's term of imprisonment may not be extended beyond the offender's executed
3.3sentence.
3.4 Subd. 7. Release procedures. The commissioner may deny conditional release to
3.5an offender under this section if the commissioner determines that the offender's release
3.6may reasonably pose a danger to the public or an individual. In making this determination,
3.7the commissioner shall follow the procedures contained in section 244.05, subdivision
3.85, and the rules adopted by the commissioner under that subdivision. The commissioner
3.9shall consider whether the offender was involved in criminal gang activity during the
3.10offender's prison term. The commissioner shall also consider the offender's custody
3.11classification and level of risk of violence and the availability of appropriate community
3.12supervision for the offender. Conditional release granted under this section continues until
3.13the offender's sentence expires, unless release is rescinded under subdivision 8. The
3.14commissioner may not grant conditional release unless a release plan is in place for the
3.15offender that addresses, at a minimum, plans for aftercare, community-based chemical
3.16dependency treatment, gaining employment, and securing housing.
3.17 Subd. 8. Conditional release. The conditions of release granted under this
3.18section are governed by the statutes and rules governing supervised release under this
3.19chapter, except that release may be rescinded without hearing by the commissioner if the
3.20commissioner determines that continuation of the conditional release poses a danger to
3.21the public or to an individual. If the commissioner rescinds an offender's conditional
3.22release, the offender shall be returned to prison and shall serve the remaining portion of
3.23the offender's sentence.
3.24 Subd. 9. Offenders serving other sentences. An offender who is serving
3.25both a sentence for an offense described in subdivision 2 and an offense not described
3.26in subdivision 2 is not eligible for release under this section unless the offender has
3.27completed the offender's full term of imprisonment for the other offense.
3.28 Subd. 10. Notice. Upon receiving an offender's petition for release under
3.29subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
3.30offender's conviction and the sentencing court. The commissioner shall give the authority
3.31and court a reasonable opportunity to comment on the offender's potential release. If
3.32the authority or court elects to comment, the comments must specify the reasons for
3.33the authority or court's position.
3.34EFFECTIVE DATE.This section is effective July 1, 2013, and applies to persons
3.35in prison on or after that date.
1.3from prison of certain nonviolent controlled substance offenders;proposing
1.4coding for new law in Minnesota Statutes, chapter 244.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [244.0551] CONDITIONAL RELEASE OF NONVIOLENT
1.7CONTROLLED SUBSTANCE OFFENDERS; TREATMENT.
1.8 Subdivision 1. Conditional release authority. The commissioner of corrections has
1.9the authority to release offenders committed to the commissioner's custody who meet the
1.10requirements of this section and of any rules adopted by the commissioner.
1.11 Subd. 2. Conditional release of certain nonviolent controlled substance
1.12offenders. An offender who has been committed to the commissioner's custody may
1.13petition the commissioner for conditional release from prison before the offender's
1.14scheduled supervised release date or target release date if:
1.15(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
1.162a; 152.022, subdivision 2; 152.023; 152.024; or 152.025;
1.17(2) the offender committed the crime as a result of a controlled substance addiction,
1.18and not primarily for profit;
1.19(3) the offender has served at least 36 months or one-half of the offender's term of
1.20imprisonment, whichever is less;
1.21(4) the offender successfully completed a chemical dependency treatment program
1.22of the type described in this section while in prison;
1.23(5) the offender has not previously been conditionally released under this section; and
2.1(6) the offender has not within the past ten years been convicted or adjudicated
2.2delinquent for a violent crime as defined in section 609.1095 other than the current
2.3conviction for the controlled substance offense.
2.4 Subd. 3. Offer of chemical dependency treatment. The commissioner shall offer
2.5all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and
2.6(6), the opportunity to begin a suitable chemical dependency treatment program of the
2.7type described in this section within 160 days after the offender's term of imprisonment
2.8begins or as soon after 160 days as possible.
2.9 Subd. 4. Chemical dependency treatment program components. (a) The
2.10chemical dependency treatment program described in subdivisions 2 and 3 must:
2.11(1) contain a highly structured daily schedule for the offender;
2.12(2) contain individualized educational programs designed to improve the basic
2.13educational skills of the offender and to provide vocational training, if appropriate;
2.14(3) contain programs designed to promote the offender's self-worth and the offender's
2.15acceptance of responsibility for the consequences of the offender's own decisions;
2.16(4) be certified by the Department of Human Services and designed to serve the
2.17inmate population; and
2.18(5) require that each offender submit to a chemical use assessment and that the
2.19offender receive the appropriate level of treatment as indicated by the assessment.
2.20(b) The commissioner shall expel from the chemical dependency treatment program
2.21any offender who:
2.22(1) commits a material violation of or repeatedly fails to follow the rules of the
2.23program;
2.24(2) commits any criminal offense while in the program; or
2.25(3) presents any risk to other inmates based on the offender's behavior or attitude.
2.26 Subd. 5. Additional requirements. To be eligible for release under this section,
2.27an offender shall sign a written contract with the commissioner agreeing to comply with
2.28the requirements of this section and the conditions imposed by the commissioner. In
2.29addition to other items, the contract must specifically refer to the term of imprisonment
2.30extension in subdivision 6. In addition, the offender shall agree to submit to random drug
2.31and alcohol tests and electronic or home monitoring as determined by the commissioner or
2.32the offender's supervising agent. The commissioner may impose additional requirements
2.33on the offender that are necessary to carry out the goals of this section.
2.34 Subd. 6. Extension of term of imprisonment for offenders who fail in treatment.
2.35When an offender fails to successfully complete the chemical dependency treatment
2.36program under this section, the commissioner shall add the time that the offender was
3.1participating in the program to the offender's term of imprisonment. However, the
3.2offender's term of imprisonment may not be extended beyond the offender's executed
3.3sentence.
3.4 Subd. 7. Release procedures. The commissioner may deny conditional release to
3.5an offender under this section if the commissioner determines that the offender's release
3.6may reasonably pose a danger to the public or an individual. In making this determination,
3.7the commissioner shall follow the procedures contained in section 244.05, subdivision
3.85, and the rules adopted by the commissioner under that subdivision. The commissioner
3.9shall consider whether the offender was involved in criminal gang activity during the
3.10offender's prison term. The commissioner shall also consider the offender's custody
3.11classification and level of risk of violence and the availability of appropriate community
3.12supervision for the offender. Conditional release granted under this section continues until
3.13the offender's sentence expires, unless release is rescinded under subdivision 8. The
3.14commissioner may not grant conditional release unless a release plan is in place for the
3.15offender that addresses, at a minimum, plans for aftercare, community-based chemical
3.16dependency treatment, gaining employment, and securing housing.
3.17 Subd. 8. Conditional release. The conditions of release granted under this
3.18section are governed by the statutes and rules governing supervised release under this
3.19chapter, except that release may be rescinded without hearing by the commissioner if the
3.20commissioner determines that continuation of the conditional release poses a danger to
3.21the public or to an individual. If the commissioner rescinds an offender's conditional
3.22release, the offender shall be returned to prison and shall serve the remaining portion of
3.23the offender's sentence.
3.24 Subd. 9. Offenders serving other sentences. An offender who is serving
3.25both a sentence for an offense described in subdivision 2 and an offense not described
3.26in subdivision 2 is not eligible for release under this section unless the offender has
3.27completed the offender's full term of imprisonment for the other offense.
3.28 Subd. 10. Notice. Upon receiving an offender's petition for release under
3.29subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
3.30offender's conviction and the sentencing court. The commissioner shall give the authority
3.31and court a reasonable opportunity to comment on the offender's potential release. If
3.32the authority or court elects to comment, the comments must specify the reasons for
3.33the authority or court's position.
3.34EFFECTIVE DATE.This section is effective July 1, 2013, and applies to persons
3.35in prison on or after that date.
