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