| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to corrections; expanding exclusions to earned incentive release credit; |
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| 3 | 3 | | 1.3 amending Minnesota Statutes 2024, section 244.45. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 244.45, is amended to read: |
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| 6 | 6 | | 1.6 244.45 INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT. |
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| 7 | 7 | | 1.7 The following individuals are ineligible for earned incentive release credit: |
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| 8 | 8 | | 1.8 (1) those serving life sentences; |
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| 9 | 9 | | 1.9 (2) those given indeterminate sentences for crimes committed on or before April 30, |
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| 10 | 10 | | 1.101980; or |
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| 11 | 11 | | 1.11 (3) those subject to good time under section 244.04 or similar laws. |
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| 12 | 12 | | 1.12 (a) A person committed to the commissioner for any of the following offenses shall be |
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| 13 | 13 | | 1.13ineligible for earned incentive release credit under sections 244.42 to 244.44: |
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| 14 | 14 | | 1.14 (1) section 609.185, murder in the first degree, or 609.19, murder in the second degree; |
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| 15 | 15 | | 1.15 (2) section 609.195, murder in the third degree, or 609.221, assault in the first degree; |
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| 16 | 16 | | 1.16 (3) section 609.342, criminal sexual conduct in the first degree; 609.343, criminal sexual |
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| 17 | 17 | | 1.17conduct in the second degree; or 609.344, criminal sexual conduct in the third degree, if |
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| 18 | 18 | | 1.18the offense was committed with force or violence; |
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| 19 | 19 | | 1.19 (4) section 609.3455, subdivision 5, dangerous sex offenders, where the court shall |
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| 20 | 20 | | 1.20specify a minimum term of imprisonment, based on the Sentencing Guidelines or any |
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| 21 | 21 | | 1Section 1. |
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| 22 | 22 | | 25-00734 as introduced12/05/24 REVISOR KLL/LN |
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| 23 | 23 | | SENATE |
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| 24 | 24 | | STATE OF MINNESOTA |
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| 25 | 25 | | S.F. No. 1365NINETY-FOURTH SESSION |
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| 26 | 26 | | (SENATE AUTHORS: LIMMER and Howe) |
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| 27 | 27 | | OFFICIAL STATUSD-PGDATE |
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| 28 | 28 | | Introduction and first reading02/13/2025 |
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| 29 | 29 | | Referred to Judiciary and Public Safety 2.1applicable mandatory minimum sentence, that must be served before the offender may be |
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| 30 | 30 | | 2.2considered for supervised release; |
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| 31 | 31 | | 2.3 (5) section 609.229, subdivision 4, paragraph (b), crimes committed for the benefit of |
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| 32 | 32 | | 2.4a gang where any person convicted and sentenced as required by section 609.229, subdivision |
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| 33 | 33 | | 2.54, paragraph (a), is not eligible for probation, parole, discharge, work release, or supervised |
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| 34 | 34 | | 2.6release until that person has served the full term of imprisonment as provided by law; |
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| 35 | 35 | | 2.7 (6) section 152.026 where a person with a mandatory minimum sentence imposed for |
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| 36 | 36 | | 2.8a first or second degree controlled substance crime is not eligible for probation, parole, |
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| 37 | 37 | | 2.9discharge, or supervised release until that person has served the full term of imprisonment |
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| 38 | 38 | | 2.10as provided by law; |
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| 39 | 39 | | 2.11 (7) a person who was convicted in any other jurisdiction of a crime and the person's |
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| 40 | 40 | | 2.12supervision was transferred to this state; |
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| 41 | 41 | | 2.13 (8) section 243.166, subdivision 5, paragraph (e), predatory offender registration; |
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| 42 | 42 | | 2.14 (9) section 609.11, subdivision 6, use of firearm or dangerous weapon during the |
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| 43 | 43 | | 2.15commission of certain offenses; |
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| 44 | 44 | | 2.16 (10) section 609.221, subdivision 5, paragraph (b), use of deadly force against a peace |
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| 45 | 45 | | 2.17officer, prosecutor, judge, or correctional employee; |
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| 46 | 46 | | 2.18 (11) section 609.2231, subdivision 3a, paragraph (d), assault against secure treatment |
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| 47 | 47 | | 2.19personnel; and |
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| 48 | 48 | | 2.20 (12) a person subject to a conditional release term under section 609.3455, subdivisions |
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| 49 | 49 | | 2.216 and 7, whether on the present offense or previous offense for which a term of conditional |
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| 50 | 50 | | 2.22release remains. |
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| 51 | 51 | | 2.23 (b) Persons serving life sentences; persons given indeterminate sentences for crimes |
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| 52 | 52 | | 2.24committed on or before April 30, 1980; or persons subject to good time under section 244.04 |
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| 53 | 53 | | 2.25or similar laws are ineligible for earned incentive release credit. |
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| 54 | 54 | | 2Section 1. |
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| 55 | 55 | | 25-00734 as introduced12/05/24 REVISOR KLL/LN |
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