1.1 A bill for an act
1.2 relating to public safety; providing that undocumented noncitizens are ineligible
1.3 for early release from incarceration; providing that undocumented noncitizens are
1.4 ineligible for prosecutor-initiated sentence adjustments; amending Minnesota
1.5 Statutes 2024, section 609.133, by adding a subdivision; proposing coding for new
1.6 law in Minnesota Statutes, chapter 244.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [244.52] EARLY RELEASE FOR UNDOCUMENTED OFFENDERS
1.9PROHIBITED.
1.10 (a) As used in this section the following terms have the meanings given:
1.11 (1) "term of imprisonment" has the meaning given in section 244.01, subdivision 8; and
1.12 (2) "undocumented offender" means an undocumented noncitizen who resides in the
1.13United States without the approval or acquiescence of the United States Citizenship and
1.14Immigration Services who has been committed to the custody of the commissioner of
1.15corrections.
1.16 (b) Notwithstanding any law to the contrary, an undocumented offender is not eligible
1.17for early supervised release, conditional medical or epidemic release, the challenge
1.18incarceration program, earned incentive release credit, or any other program or credit that
1.19would reduce the undocumented offender's term of imprisonment.
1.20 (c) The commissioner must not release an undocumented offender from incarceration
1.21until the inmate has completed the inmate's term of imprisonment and any disciplinary
1.22confinement period imposed by the commissioner due to the inmate's violation of any
1Section 1.
REVISOR KLL/ES 25-0341902/06/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 321
NINETY-FOURTH SESSION
Authored by Engen and Zeleznikar02/13/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1disciplinary rule adopted by the commissioner or refusal to participate in a rehabilitative
2.2program required under section 244.03.
2.3 EFFECTIVE DATE.This section is effective the day following final enactment.
2.4 Sec. 2. Minnesota Statutes 2024, section 609.133, is amended by adding a subdivision to
2.5read:
2.6 Subd. 1a.Undocumented offenders; ineligible for sentence adjustment.An
2.7undocumented noncitizen who resides in the United States without the approval or
2.8acquiescence of the United States Citizenship and Immigration Services is ineligible for
2.9sentence adjustment under this section.
2.10 EFFECTIVE DATE.This section is effective the day following final enactment.
2Sec. 2.
REVISOR KLL/ES 25-0341902/06/25