Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1103 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to corrections; repealing the Minnesota Rehabilitation and Reinvestment
3	3	1.3 Act; repealing Minnesota Statutes 2024, sections 244.40; 244.41; 244.42; 244.43;
4	4	1.4 244.44; 244.45; 244.46; 244.47; 244.48; 244.49; 244.50; 244.51; Laws 2023,
5	5	1.5 chapter 52, article 12, sections 1; 2; 15.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. REPEALER.
8	8	1.8 (a) Minnesota Statutes 2024, sections 244.40; 244.41; 244.42; 244.43; 244.44; 244.45;
9	9	1.9244.46; 244.47; 244.48; 244.49; 244.50; and 244.51, are repealed.
10	10	1.10 (b) Laws 2023, chapter 52, article 12, sections 1; 2; and 15, are repealed.
11	11	1Section 1.
12	12	25-02943 as introduced01/28/25 REVISOR KLL/CH
13	13	SENATE
14	14	STATE OF MINNESOTA
15	15	S.F. No. 1103NINETY-FOURTH SESSION
16	16	(SENATE AUTHORS: KREUN, Limmer, Bahr and Koran)
17	17	OFFICIAL STATUSD-PGDATE
18	18	Introduction and first reading02/06/2025
19	19	Referred to Judiciary and Public Safety 244.40 MINNESOTA REHABILITATION AND REINVESTMENT ACT.
20	20	Sections 244.40 to 244.51 may be cited as the "Minnesota Rehabilitation and Reinvestment
21	21	Act."
22	22	244.41 DEFINITIONS.
23	23	Subdivision 1.Scope.For purposes of the act, the terms defined in this section have the meanings
24	24	given.
25	25	Subd. 2.Act."Act" means the Minnesota Rehabilitation and Reinvestment Act.
26	26	Subd. 3.Commissioner."Commissioner" means the commissioner of corrections.
27	27	Subd. 3a.Conditional release.As used in sections 244.40 to 244.51, "conditional release" has
28	28	the meaning given in section 609.02, subdivision 18.
29	29	Subd. 4.Correctional facility."Correctional facility" means a state facility under the direct
30	30	operational authority of the commissioner but does not include a commissioner-licensed local
31	31	detention facility.
32	32	Subd. 5.Direct-cost per diem."Direct-cost per diem" means the actual nonsalary expenditures,
33	33	including encumbrances as of July 31 following the end of the fiscal year, from the Department of
34	34	Corrections expense budgets for food preparation; food provisions; personal support for incarcerated
35	35	persons, including clothing, linen, and other personal supplies; transportation; and professional
36	36	technical contracted health care services.
37	37	Subd. 6.Earned compliance credit."Earned compliance credit" means a one-month reduction
38	38	from the period during active supervision of the supervised release term for every two months that
39	39	a supervised individual exhibits compliance with the conditions and goals of the individual's
40	40	supervision plan. Earned compliance credit also applies to a conditional release term.
41	41	Subd. 7.Earned incentive release credit."Earned incentive release credit" means credit that
42	42	is earned and included in calculating an incarcerated person's term of imprisonment for completing
43	43	objectives established by their individualized rehabilitation plan under section 244.42.
44	44	Subd. 8.Earned incentive release savings."Earned incentive release savings" means the
45	45	calculation of the direct-cost per diem multiplied by the number of incarcerated days saved for the
46	46	period of one fiscal year.
47	47	Subd. 9.Executed sentence."Executed sentence" means the total period for which an
48	48	incarcerated person is committed to the custody of the commissioner.
49	49	Subd. 10.Incarcerated days saved."Incarcerated days saved" means the number of days of
50	50	an incarcerated person's original term of imprisonment minus the number of actual days served,
51	51	excluding days not served due to death or as a result of time earned in the challenge incarceration
52	52	program under sections 244.17 to 244.173.
53	53	Subd. 11.Incarcerated person."Incarcerated person" has the meaning given "inmate" in section
54	54	244.01, subdivision 2.
55	55	Subd. 12.Supervised release."Supervised release" means the release of an incarcerated person
56	56	according to section 244.05.
57	57	Subd. 13.Supervised release term."Supervised release term" means the period equal to
58	58	one-third of the individual's fixed executed sentence, less any disciplinary confinement period or
59	59	punitive restrictive-housing confinement imposed under section 244.05, subdivision 1b.
60	60	Subd. 14.Supervision abatement status."Supervision abatement status" means an end to
61	61	active correctional supervision of a supervised individual without effect on the legal expiration date
62	62	of the individual's executed sentence less any earned incentive release credit or the expiration date
63	63	of a conditional release term.
64	64	Subd. 15.Term of imprisonment."Term of imprisonment" has the meaning given in section
65	65	244.01, subdivision 8.
66	66	244.42 COMPREHENSIVE ASSESSMENT AND INDIVIDUALIZED REHABILITATION
67	67	PLAN REQUIRED.
68	68	Subdivision 1.Comprehensive assessment.(a) The commissioner must develop a
69	69	comprehensive assessment process for each person who:
70	70	1R
71	71	APPENDIX
72	72	Repealed Minnesota Statutes: 25-02943 (1) is committed to the commissioner's custody and confined in a state correctional facility on
73	73	or after January 1, 2025; and
74	74	(2) has 365 or more days remaining until the person's scheduled supervised release date or
75	75	parole eligibility date.
76	76	(b) As part of the assessment process, the commissioner must take into account appropriate
77	77	rehabilitative programs under section 244.03.
78	78	Subd. 2.Individualized rehabilitation plan.After completing the assessment process, the
79	79	commissioner must ensure the development of an individualized rehabilitation plan, along with
80	80	identified goals, for every person committed to the commissioner's custody. The individualized
81	81	rehabilitation plan must be holistic in nature by identifying intended outcomes for addressing:
82	82	(1) the incarcerated person's needs and risk factors;
83	83	(2) the person's identified strengths; and
84	84	(3) available and needed community supports, including victim safety considerations as required
85	85	under section 244.47, if applicable.
86	86	Subd. 3.Victim input.(a) If an individual is committed to the commissioner's custody for a
87	87	crime listed in section 609.02, subdivision 16, the commissioner must make reasonable efforts to
88	88	notify a victim of the opportunity to provide input during the assessment and rehabilitation plan
89	89	process. Victim input may include:
90	90	(1) a summary of victim concerns relative to release;
91	91	(2) concerns related to victim safety during the committed individual's term of imprisonment;
92	92	or
93	93	(3) requests for imposing victim safety protocols as additional conditions of imprisonment or
94	94	supervised release.
95	95	(b) The commissioner must consider all victim input statements when developing an
96	96	individualized rehabilitation plan and establishing conditions governing confinement or release.
97	97	Subd. 4.Transition and release plan.For an incarcerated person with less than 365 days
98	98	remaining until the person's supervised release date, the commissioner, in consultation with the
99	99	incarcerated person, must develop a transition and release plan.
100	100	Subd. 5.Scope of act.This act is separate and distinct from other legislatively authorized release
101	101	programs, including the challenge incarceration program, work release, conditional medical release,
102	102	or the program for the conditional release of nonviolent controlled substance offenders.
103	103	244.43 EARNED INCENTIVE RELEASE CREDIT.
104	104	Subdivision 1.Policy for earned incentive release credit; stakeholder consultation.(a) To
105	105	encourage and support rehabilitation when consistent with the public interest and public safety, the
106	106	commissioner must establish a policy providing for earned incentive release credit as a part of the
107	107	term of imprisonment. The policy must be established in consultation with the following
108	108	organizations:
109	109	(1) Minnesota County Attorneys Association;
110	110	(2) Minnesota Board of Public Defense;
111	111	(3) Minnesota Association of Community Corrections Act Counties;
112	112	(4) Minnesota Indian Women's Sexual Assault Coalition;
113	113	(5) Violence Free Minnesota;
114	114	(6) Minnesota Coalition Against Sexual Assault;
115	115	(7) Minnesota Alliance on Crime;
116	116	(8) Minnesota Sheriffs' Association;
117	117	(9) Minnesota Chiefs of Police Association;
118	118	(10) Minnesota Police and Peace Officers Association; and
119	119	(11) faith-based organizations that reflect the demographics of the incarcerated population.
120	120	2R
121	121	APPENDIX
122	122	Repealed Minnesota Statutes: 25-02943 (b) The policy must:
123	123	(1) provide circumstances upon which an incarcerated person may receive earned incentive
124	124	release credits, including participation in rehabilitative programming under section 244.03; and
125	125	(2) address circumstances where:
126	126	(i) the capacity to provide rehabilitative programming in the correctional facility is diminished
127	127	but the programming is available in the community; and
128	128	(ii) the conditions under which the incarcerated person could be released to the community-based
129	129	resource but remain subject to commitment to the commissioner and could be considered for earned
130	130	incentive release credit.
131	131	Subd. 2.Policy on disparities.The commissioner must develop a policy establishing a process
132	132	for assessing and addressing any systemic and programmatic gender and racial disparities that may
133	133	be identified when awarding earned incentive release credits.
134	134	244.44 APPLYING EARNED INCENTIVE RELEASE CREDIT.
135	135	Earned incentive release credits are included in calculating the term of imprisonment but are
136	136	not added to the person's supervised release term, the total length of which remains unchanged.
137	137	The maximum amount of earned incentive release credit that can be earned and subtracted from
138	138	the term of imprisonment is 17 percent of the total executed sentence. Earned credit cannot reduce
139	139	the term of imprisonment to less than one-half of the incarcerated person's executed sentence. Once
140	140	earned, earned incentive release credits are nonrevocable.
141	141	244.45 INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.
142	142	The following individuals are ineligible for earned incentive release credit:
143	143	(1) those serving life sentences;
144	144	(2) those given indeterminate sentences for crimes committed on or before April 30, 1980; or
145	145	(3) those subject to good time under section 244.04 or similar laws.
146	146	244.46 EARNED COMPLIANCE CREDIT AND SUPERVISION ABATEMENT STATUS.
147	147	Subdivision 1.Adopting policy for earned compliance credit; supervision abatement
148	148	status.(a) The commissioner must adopt a policy providing for earned compliance credit.
149	149	(b) Except as otherwise provided in the act, once the time served on active supervision plus
150	150	earned compliance credits equals the total length of the supervised release term, the commissioner
151	151	must place the individual on supervision abatement status for the remainder of the supervised release
152	152	term and, if applicable, the conditional release term.
153	153	Subd. 2.Violating conditions of release; commissioner action.If an individual violates the
154	154	conditions of release while on supervision abatement status, the commissioner may:
155	155	(1) return the individual to active supervision for the remainder of the supervised release or
156	156	conditional release term, with or without modifying the conditions of release; or
157	157	(2) revoke the individual's supervised release or conditional release in accordance with section
158	158	244.05, subdivision 3.
159	159	Subd. 3.Supervision abatement status; requirements.A person who is placed on supervision
160	160	abatement status under this section must not be required to regularly report to a supervised release
161	161	agent or pay a supervision fee but must continue to:
162	162	(1) obey all laws;
163	163	(2) report any new criminal charges; and
164	164	(3) abide by section 243.1605 before seeking written authorization to relocate to another state.
165	165	Subd. 4.Applicability.This section does not apply to individuals:
166	166	(1) serving life sentences;
167	167	(2) given indeterminate sentences for crimes committed on or before April 30, 1980; or
168	168	(3) subject to good time under section 244.04 or similar laws.
169	169	3R
170	170	APPENDIX
171	171	Repealed Minnesota Statutes: 25-02943 244.47 VICTIM INPUT.
172	172	Subdivision 1.Notifying victim; victim input.(a) If an individual is committed to the custody
173	173	of the commissioner for a crime listed in section 609.02, subdivision 16, and is eligible for earned
174	174	incentive release credit, the commissioner must make reasonable efforts to notify the victim that
175	175	the committed individual is eligible for earned incentive release credit.
176	176	(b) Victim input may include:
177	177	(1) a summary of victim concerns relative to eligibility of earned incentive release credit;
178	178	(2) concerns related to victim safety during the committed individual's term of imprisonment;
179	179	or
180	180	(3) requests for imposing victim safety protocols as additional conditions of imprisonment or
181	181	supervised release.
182	182	Subd. 2.Victim input statements.The commissioner must consider victim input statements
183	183	when establishing requirements governing conditions of release. The commissioner must provide
184	184	the name and telephone number of the local victim agency serving the jurisdiction of release to any
185	185	victim providing input on earned incentive release credit.
186	186	244.48 VICTIM NOTIFICATION.
187	187	Nothing in this act limits any victim notification obligations of the commissioner required by
188	188	statute related to a change in custody status, committing offense, end-of-confinement review, or
189	189	notification registration.
190	190	244.49 INTERSTATE COMPACT.
191	191	(a) This section applies to a person serving a Minnesota sentence while being supervised in
192	192	another state according to the Interstate Compact for Adult Supervision.
193	193	(b) As may be allowed under section 243.1605, a person may be eligible for supervision
194	194	abatement status according to the act only if they meet eligibility criteria for earned compliance
195	195	credit as established under section 244.46.
196	196	244.50 REALLOCATING EARNED INCENTIVE RELEASE SAVINGS.
197	197	Subdivision 1.Establishing reallocation revenue account.The reallocation of earned incentive
198	198	release savings account is established in the special revenue fund in the state treasury. Funds in the
199	199	account are appropriated to the commissioner and must be expended in accordance with the allocation
200	200	established in subdivision 4 after the requirements of subdivision 2 are met. Funds in the account
201	201	are available until expended.
202	202	Subd. 2.Certifying earned incentive release savings.On or before the final closeout date of
203	203	each fiscal year, the commissioner must certify to Minnesota Management and Budget the earned
204	204	incentive release savings from the previous fiscal year. The commissioner must provide the detailed
205	205	calculation substantiating the savings amount, including accounting-system-generated data where
206	206	possible, supporting the direct-cost per diem and the incarcerated days saved.
207	207	Subd. 3.Savings to be transferred to reallocation revenue account.After the certification
208	208	in subdivision 2 is completed, the commissioner must transfer funds from the appropriation from
209	209	which the savings occurred to the reallocation revenue account according to the allocation in
210	210	subdivision 4. Transfers must occur by September 1 each year.
211	211	Subd. 4.Distributing reallocation funds.The commissioner must distribute funds as follows:
212	212	(1) 50 percent must be transferred to the Office of Justice Programs in the Department of Public
213	213	Safety for crime victim services;
214	214	(2) 25 percent must be transferred to the Community Corrections Act subsidy appropriation
215	215	and to the Department of Corrections for supervised release and intensive supervision services,
216	216	based upon a three-year average of the release jurisdiction of supervised releasees and intensive
217	217	supervised releasees across the state; and
218	218	(3) 25 percent must be transferred to the Department of Corrections for:
219	219	(i) grants to develop and invest in community-based services that support the identified needs
220	220	of correctionally involved individuals or individuals at risk of becoming involved in the criminal
221	221	justice system; and
222	222	4R
223	223	APPENDIX
224	224	Repealed Minnesota Statutes: 25-02943 (ii) sustaining the operation of evidence-based programming in state and local correctional
225	225	facilities.
226	226	244.51 REPORTING REQUIRED.
227	227	Subdivision 1.Annual report required.(a) Beginning January 15, 2026, and by January 15
228	228	each year thereafter for ten years, the commissioner must provide a report to the chairs and ranking
229	229	minority members of the house of representatives and senate committees and divisions with
230	230	jurisdiction over public safety and judiciary.
231	231	(b) For the 2026 report, the commissioner must report on implementing the requirements in this
232	232	act. Starting with the 2027 report, the commissioner must report on the status of the requirements
233	233	in this act for the previous fiscal year.
234	234	(c) Each report must be provided to the sitting president of the Minnesota Association of
235	235	Community Corrections Act Counties and the executive directors of the Minnesota Sentencing
236	236	Guidelines Commission, the Minnesota Indian Women's Sexual Assault Coalition, the Minnesota
237	237	Alliance on Crime, Violence Free Minnesota, the Minnesota Coalition Against Sexual Assault, and
238	238	the Minnesota County Attorneys Association.
239	239	(d) The report must include but not be limited to:
240	240	(1) a qualitative description of policy development; implementation status; identified
241	241	implementation or operational challenges; strategies identified to mitigate and ensure that the act
242	242	does not create or exacerbate gender, racial, and ethnic disparities; and proposed mechanisms for
243	243	projecting future savings and reallocation of savings;
244	244	(2) the number of persons who were granted earned incentive release credit, the total number
245	245	of days of incentive release earned, a summary of committing offenses for those persons who earned
246	246	incentive release credit, a summary of earned incentive release savings, and the demographic data
247	247	for all persons eligible for earned incentive release credit and the reasons and demographic data of
248	248	those eligible persons for whom earned incentive release credit was unearned or denied;
249	249	(3) the number of persons who earned supervision abatement status, the total number of days
250	250	of supervision abatement earned, the committing offenses for those persons granted supervision
251	251	abatement status, the number of revocations for reoffense while on supervision abatement status,
252	252	and the demographic data for all persons eligible for, considered for, granted, or denied supervision
253	253	abatement status and the reasons supervision abatement status was unearned or denied;
254	254	(4) the number of persons deemed ineligible to receive earned incentive release credits and
255	255	supervise abatement and the demographic data for the persons; and
256	256	(5) the number of victims who submitted input, the number of referrals to local victim-serving
257	257	agencies, and a summary of the kinds of victim services requested.
258	258	Subd. 2.Soliciting feedback.(a) The commissioner must solicit feedback on victim-related
259	259	operational concerns from the Minnesota Indian Women's Sexual Assault Coalition, Minnesota
260	260	Alliance on Crime, Minnesota Coalition Against Sexual Assault, and Violence Free Minnesota.
261	261	(b) The feedback should relate to applying earned incentive release credit and supervision
262	262	abatement status options. A summary of the feedback from the organizations must be included in
263	263	the annual report.
264	264	Subd. 3.Evaluating earned incentive release credit and act.The commissioner must direct
265	265	the Department of Corrections' research unit to regularly evaluate earned incentive release credits
266	266	and other provisions of the act. The findings must be published on the Department of Corrections'
267	267	website and in the annual report.
268	268	5R
269	269	APPENDIX
270	270	Repealed Minnesota Statutes: 25-02943 Laws 2023, chapter 52, article 12, section 1
271	271	Section 1. Minnesota Statutes 2022, section 244.03, is amended to read:
272	272	244.03 REHABILITATIVE PROGRAMS.
273	273	Subdivision 1.Commissioner responsibility.(a) For individuals committed to the
274	274	commissioner's authority, the commissioner shall provide appropriate mental health programs and
275	275	vocational and educational programs with employment-related goals for inmates. The selection,
276	276	design and implementation of programs under this section shall be the sole responsibility of the
277	277	commissioner, acting within the limitations imposed by the funds appropriated for such programs.
278	278	must develop, implement, and provide, as appropriate:
279	279	(1) substance use disorder treatment programs;
280	280	(2) sexual offender treatment programming;
281	281	(3) domestic abuse programming;
282	282	(4) medical and mental health services;
283	283	(5) spiritual and faith-based programming;
284	284	(6) culturally responsive programming;
285	285	(7) vocational, employment and career, and educational programming; and
286	286	(8) other rehabilitative programs.
287	287	(b) While evidence-based programs must be prioritized, selecting, designing, and implementing
288	288	programs under this section are the sole responsibility of the commissioner, acting within the
289	289	limitations imposed by the funds appropriated for the programs under this section.
290	290	Subd. 2.Challenge prohibited.No action challenging the level of expenditures for rehabilitative
291	291	programs authorized under this section, nor any action challenging the selection, design, or
292	292	implementation of these programs, including employee assignments, may be maintained by an
293	293	inmate in any court in this state.
294	294	Subd. 3.Disciplinary sanctions.The commissioner may impose disciplinary sanctions upon
295	295	on any inmate who refuses to participate in rehabilitative programs.
296	296	Laws 2023, chapter 52, article 12, section 15
297	297	Sec. 15. EFFECTIVE DATE.
298	298	Sections 1 to 14 are effective August 1, 2023.
299	299	Laws 2023, chapter 52, article 12, section 2
300	300	Sec. 2. Minnesota Statutes 2022, section 244.05, subdivision 1b, is amended to read:
301	301	Subd. 1b.Supervised release; offenders inmates who commit crimes on or after August 1,
302	302	1993.(a) Except as provided in subdivisions 4 and 5, every inmate sentenced to prison for a felony
303	303	offense committed on or after August 1, 1993, shall serve a supervised release term upon completion
304	304	of the inmate's term of imprisonment and any disciplinary confinement period imposed by the
305	305	commissioner due to the inmate's violation of any disciplinary rule adopted by the commissioner
306	306	or refusal to participate in a rehabilitative program required under section 244.03. The amount of
307	307	time the inmate serves on supervised release shall be is equal in length to the amount of time
308	308	remaining in to one-third of the inmate's fixed executed sentence after the inmate has served the
309	309	term of imprisonment and any disciplinary confinement period imposed by the commissioner, less
310	310	any disciplinary confinement period imposed by the commissioner and regardless of any earned
311	311	incentive release credit applied toward the individual's term of imprisonment under section 244.44.
312	312	(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative program
313	313	as required under section 244.03 shall be placed on supervised release until the inmate has served
314	314	the disciplinary confinement period for that disciplinary sanction or until the inmate is discharged
315	315	or released from punitive segregation restrictive-housing confinement, whichever is later. The
316	316	imposition of a disciplinary confinement period shall be considered to be a disciplinary sanction
317	317	imposed upon an inmate, and the procedure for imposing the disciplinary confinement period and
318	318	6R
319	319	APPENDIX
320	320	Repealed Minnesota Session Laws: 25-02943 the rights of the inmate in the procedure shall be those in effect for the imposition of other
321	321	disciplinary sanctions at each state correctional institution.
322	322	(c) For purposes of this subdivision, "earned incentive release credit" has the meaning given in
323	323	section 244.41, subdivision 7.
324	324	7R
325	325	APPENDIX
326	326	Repealed Minnesota Session Laws: 25-02943