| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; specifying the term of imprisonment for first-degree |
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| 3 | 3 | | 1.3 murder of an unborn child; amending Minnesota Statutes 2022, sections 244.05, |
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| 4 | 4 | | 1.4 subdivisions 4, 5; 609.106, subdivision 2; 609.115, subdivision 2a. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2022, section 244.05, subdivision 4, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 4.Minimum imprisonment, life sentence.(a) An inmate serving a mandatory |
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| 8 | 8 | | 1.8life sentence under section 609.106 or 609.3455, subdivision 2, must not be given supervised |
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| 9 | 9 | | 1.9release under this section. |
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| 10 | 10 | | 1.10 (b) An inmate serving a mandatory life sentence under section 609.185, paragraph (a), |
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| 11 | 11 | | 1.11clause (3), (5), or (6); 609.2661, clause (3); or Minnesota Statutes 2004, section 609.109, |
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| 12 | 12 | | 1.12subdivision 3, must not be given supervised release under this section without having served |
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| 13 | 13 | | 1.13a minimum term of 30 years. |
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| 14 | 14 | | 1.14 (c) An inmate serving a mandatory life sentence under section 609.385 must not be given |
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| 15 | 15 | | 1.15supervised release under this section without having served a minimum term of imprisonment |
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| 16 | 16 | | 1.16of 17 years. |
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| 17 | 17 | | 1.17 (d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3 |
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| 18 | 18 | | 1.18or 4, must not be given supervised release under this section without having served the |
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| 19 | 19 | | 1.19minimum term of imprisonment specified by the court in its sentence. |
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| 20 | 20 | | 1.20 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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| 21 | 21 | | 1.21committed on or after that date. |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 23-00861 as introduced12/08/22 REVISOR KLL/NS |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 296NINETY-THIRD SESSION |
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| 27 | 27 | | (SENATE AUTHORS: EICHORN) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading01/17/2023 |
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| 30 | 30 | | Referred to Judiciary and Public Safety 2.1 Sec. 2. Minnesota Statutes 2022, section 244.05, subdivision 5, is amended to read: |
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| 31 | 31 | | 2.2 Subd. 5.Supervised release, life sentence.(a) The commissioner of corrections may, |
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| 32 | 32 | | 2.3under rules promulgated by the commissioner, give supervised release to an inmate serving |
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| 33 | 33 | | 2.4a mandatory life sentence under section 609.185, paragraph (a), clause (3), (5), or (6); |
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| 34 | 34 | | 2.5609.2661, clause (3); 609.3455, subdivision 3 or 4; 609.385; or Minnesota Statutes 2004, |
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| 35 | 35 | | 2.6section 609.109, subdivision 3, after the inmate has served the minimum term of |
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| 36 | 36 | | 2.7imprisonment specified in subdivision 4. |
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| 37 | 37 | | 2.8 (b) The commissioner shall require the preparation of a community investigation report |
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| 38 | 38 | | 2.9and shall consider the findings of the report when making a supervised release decision |
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| 39 | 39 | | 2.10under this subdivision. The report shall reflect the sentiment of the various elements of the |
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| 40 | 40 | | 2.11community toward the inmate, both at the time of the offense and at the present time. The |
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| 41 | 41 | | 2.12report shall include the views of the sentencing judge, the prosecutor, any law enforcement |
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| 42 | 42 | | 2.13personnel who may have been involved in the case, and any successors to these individuals |
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| 43 | 43 | | 2.14who may have information relevant to the supervised release decision. The report shall also |
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| 44 | 44 | | 2.15include the views of the victim and the victim's family unless the victim or the victim's |
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| 45 | 45 | | 2.16family chooses not to participate. |
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| 46 | 46 | | 2.17 (c) The commissioner shall make reasonable efforts to notify the victim, in advance, of |
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| 47 | 47 | | 2.18the time and place of the inmate's supervised release review hearing. The victim has a right |
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| 48 | 48 | | 2.19to submit an oral or written statement at the review hearing. The statement may summarize |
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| 49 | 49 | | 2.20the harm suffered by the victim as a result of the crime and give the victim's recommendation |
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| 50 | 50 | | 2.21on whether the inmate should be given supervised release at this time. The commissioner |
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| 51 | 51 | | 2.22must consider the victim's statement when making the supervised release decision. |
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| 52 | 52 | | 2.23 (d) When considering whether to give supervised release to an inmate serving a life |
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| 53 | 53 | | 2.24sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at a |
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| 54 | 54 | | 2.25minimum, the following: the risk the inmate poses to the community if released, the inmate's |
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| 55 | 55 | | 2.26progress in treatment, the inmate's behavior while incarcerated, psychological or other |
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| 56 | 56 | | 2.27diagnostic evaluations of the inmate, the inmate's criminal history, and any other relevant |
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| 57 | 57 | | 2.28conduct of the inmate while incarcerated or before incarceration. The commissioner may |
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| 58 | 58 | | 2.29not give supervised release to the inmate unless: |
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| 59 | 59 | | 2.30 (1) while in prison: |
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| 60 | 60 | | 2.31 (i) the inmate has successfully completed appropriate sex offender treatment; |
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| 61 | 61 | | 2.32 (ii) the inmate has been assessed for substance use disorder needs and, if appropriate, |
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| 62 | 62 | | 2.33has successfully completed substance use disorder treatment; and |
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| 63 | 63 | | 2Sec. 2. |
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| 64 | 64 | | 23-00861 as introduced12/08/22 REVISOR KLL/NS 3.1 (iii) the inmate has been assessed for mental health needs and, if appropriate, has |
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| 65 | 65 | | 3.2successfully completed mental health treatment; and |
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| 66 | 66 | | 3.3 (2) a comprehensive individual release plan is in place for the inmate that ensures that, |
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| 67 | 67 | | 3.4after release, the inmate will have suitable housing and receive appropriate aftercare and |
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| 68 | 68 | | 3.5community-based treatment. The comprehensive plan also must include a postprison |
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| 69 | 69 | | 3.6employment or education plan for the inmate. |
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| 70 | 70 | | 3.7 (e) As used in this subdivision, "victim" means the individual who suffered harm as a |
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| 71 | 71 | | 3.8result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse |
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| 72 | 72 | | 3.9or next of kin. |
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| 73 | 73 | | 3.10 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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| 74 | 74 | | 3.11committed on or after that date. |
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| 75 | 75 | | 3.12 Sec. 3. Minnesota Statutes 2022, section 609.106, subdivision 2, is amended to read: |
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| 76 | 76 | | 3.13 Subd. 2.Life without release.The court shall sentence a person to life imprisonment |
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| 77 | 77 | | 3.14without possibility of release under the following circumstances: |
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| 78 | 78 | | 3.15 (1) the person is convicted of first-degree murder under section 609.185, paragraph (a), |
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| 79 | 79 | | 3.16clause (1), (2), (4), or (7); |
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| 80 | 80 | | 3.17 (2) the person is convicted of committing first-degree murder in the course of a |
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| 81 | 81 | | 3.18kidnapping under section 609.185, paragraph (a), clause (3); or |
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| 82 | 82 | | 3.19 (3) the person is convicted of first-degree murder under section 609.185, paragraph (a), |
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| 83 | 83 | | 3.20clause (3), (5), or (6), or 609.2661, clause (3), and the court determines on the record at the |
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| 84 | 84 | | 3.21time of sentencing that the person has one or more previous convictions for a heinous crime; |
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| 85 | 85 | | 3.22or |
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| 86 | 86 | | 3.23 (4) the person is convicted of first-degree murder of an unborn child under section |
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| 87 | 87 | | 3.24609.2661, clause (1) or (2). |
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| 88 | 88 | | 3.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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| 89 | 89 | | 3.26committed on or after that date. |
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| 90 | 90 | | 3.27 Sec. 4. Minnesota Statutes 2022, section 609.115, subdivision 2a, is amended to read: |
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| 91 | 91 | | 3.28 Subd. 2a.Sentencing worksheet; sentencing guidelines commission.If the defendant |
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| 92 | 92 | | 3.29has been convicted of a felony, including a felony for which a mandatory life sentence is |
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| 93 | 93 | | 3.30required by law, the court shall cause a sentencing worksheet as provided in subdivision 1 |
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| 94 | 94 | | 3.31to be completed and forwarded to the Sentencing Guidelines Commission. |
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| 95 | 95 | | 3Sec. 4. |
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| 96 | 96 | | 23-00861 as introduced12/08/22 REVISOR KLL/NS 4.1 For the purpose of this section, "mandatory life sentence" means a sentence under section |
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| 97 | 97 | | 4.2609.106, subdivision 2; 609.185; 609.2661; 609.3455; 609.385, subdivision 2; or Minnesota |
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| 98 | 98 | | 4.3Statutes 2004, section 609.109, subdivision 3, and governed by section 244.05. |
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| 99 | 99 | | 4.4 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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| 100 | 100 | | 4.5committed on or after that date. |
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| 101 | 101 | | 4Sec. 4. |
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| 102 | 102 | | 23-00861 as introduced12/08/22 REVISOR KLL/NS |
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