Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1417 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 public safety; extending protection from report of fictitious emergency
3	3	1.3 to all state or local correctional employees; clarifying Tribal Nation access and
4	4	1.4 use of community supervision services subsidy; codifying certain provisions
5	5	1.5 relating to management of individuals on post-incarceration supervision; repealing
6	6	1.6 obsolete administrative rules of the hearing and release unit; modifying mental
7	7	1.7 health unit pilot program; extending duration of pilot program; prorating cost of
8	8	1.8 interstate transfer based on county share of probation population; providing for
9	9	1.9 enhanced criminal penalties for theft of public funds; appropriating money for
10	10	1.10 judiciary, public safety, and corrections; amending Minnesota Statutes 2024,
11	11	1.11 sections 14.03, subdivision 3; 201.014, subdivision 2a; 241.26, subdivisions 1, 3,
12	12	1.12 4, 5, by adding a subdivision; 242.10; 242.19, subdivision 3; 242.44; 243.05,
13	13	1.13 subdivisions 1, 2, 4; 243.88, subdivisions 2, 5, by adding a subdivision; 244.04,
14	14	1.14 subdivisions 1, 2, by adding a subdivision; 244.05, subdivisions 1b, 2; 244.0513,
15	15	1.15 subdivisions 1, 7, 8; 244.07, subdivision 1, by adding a subdivision; 244.13,
16	16	1.16 subdivision 1; 244.171, subdivision 4; 244.19, subdivision 1c; 244.20; 299A.01,
17	17	1.17 by adding a subdivision; 299F.47, subdivision 2; 401.01, subdivision 2; 401.03;
18	18	1.18 401.06, by adding a subdivision; 401.10, subdivision 1, by adding a subdivision;
19	19	1.19 401.11, subdivision 1; 401.12, subdivision 2; 401.14, subdivision 1; 609.105,
20	20	1.20 subdivision 2; 609.495, subdivision 1; 609.78, subdivision 2c; Laws 2023, chapter
21	21	1.21 52, article 2, section 6, as amended; article 11, section 31; proposing coding for
22	22	1.22 new law in Minnesota Statutes, chapters 243; 401; 609; repealing Minnesota
23	23	1.23 Statutes 2024, sections 243.58; 244.065, subdivision 1; Minnesota Rules, parts
24	24	1.24 2940.0100, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 19, 20, 21,
25	25	1.25 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34; 2940.0200; 2940.0300; 2940.0400;
26	26	1.26 2940.0500; 2940.0600; 2940.0700; 2940.0800; 2940.0900; 2940.1000; 2940.1100;
27	27	1.27 2940.1200; 2940.1300; 2940.1400; 2940.1500; 2940.1600; 2940.1700; 2940.1800;
28	28	1.28 2940.1900; 2940.2000; 2940.2100; 2940.2200; 2940.2300; 2940.2400; 2940.2500;
29	29	1.29 2940.2600; 2940.2700; 2940.2800; 2940.2900; 2940.3000; 2940.3100; 2940.3200;
30	30	1.30 2940.3300; 2940.3400; 2940.3500; 2940.3600; 2940.3700; 2940.3800; 2940.3900;
31	31	1.31 2940.4000; 2940.4100; 2940.4200; 2940.4300; 2940.4400; 2940.4500; 2940.5700.
32	32	1
33	33	25-01993 as introduced02/05/25 REVISOR KLL/HL
34	34	SENATE
35	35	STATE OF MINNESOTA
36	36	S.F. No. 1417NINETY-FOURTH SESSION
37	37	(SENATE AUTHORS: LATZ)
38	38	OFFICIAL STATUSD-PGDATE
39	39	Introduction and first reading02/13/2025
40	40	Referred to Judiciary and Public Safety 2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
41	41	2.2 ARTICLE 1
42	42	2.3 JUDICIARY APPROPRIATIONS
43	43	2.4Section 1. APPROPRIATIONS.
44	44	2.5 The sums shown in the columns marked "Appropriations" are appropriated to the agencies
45	45	2.6and for the purposes specified in this article. The appropriations are from the general fund,
46	46	2.7or another named fund, and are available for the fiscal years indicated for each purpose.
47	47	2.8The figures "2026" and "2027" used in this article mean that the appropriations listed under
48	48	2.9them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
49	49	2.10"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
50	50	2.11is fiscal years 2026 and 2027.
51	51	2.12 APPROPRIATIONS
52	52	2.13 Available for the Year
53	53	2.14 Ending June 30
54	54	20272.15 2026
55	55	2.16Sec. 2. SUPREME COURT
56	56	50,963,000$50,002,000$2.17Subdivision 1.Total Appropriation
57	57	2.18The amounts that may be spent for each
58	58	2.19purpose are specified in the following
59	59	2.20subdivisions.
60	60	5,0005,0002.21Subd. 2.Contingent Account
61	61	2.22$5,000 each year is for a contingent account
62	62	2.23for expenses necessary for the normal
63	63	2.24operation of the court for which no other
64	64	2.25reimbursement is provided
65	65	36,522,000$35,330,000$2.26Sec. 3. BOARD OF CIVIL LEGAL AID
66	66	15,936,000$15,593,000$2.27Sec. 4. COURT OF APPEALS
67	67	400,470,000$392,179,000$2.28Sec. 5. DISTRICT COURTS
68	68	26,732,000$26,169,000$2.29Sec. 6. GUARDIAN AD LITEM BOARD
69	69	2,353,000$2,312,000$2.30Sec. 7. TAX COURT
70	70	115,000$115,000$2.31Sec. 8. UNIFORM LAWS COMMISSION
71	71	666,000$655,000$2.32Sec. 9. BOARD ON JUDICIAL STANDARDS
72	72	2Article 1 Sec. 9.
73	73	25-01993 as introduced02/05/25 REVISOR KLL/HL 3.1Availability of Appropriation
74	74	3.2If the appropriation for either year is
75	75	3.3insufficient, the appropriation for the other
76	76	3.4fiscal year is available.
77	77	171,189,000$167,733,000$3.5Sec. 10. BOARD OF PUBLIC DEFENSE
78	78	9,203,000$9,044,000$3.6Sec. 11. HUMAN RIGHTS
79	79	1,560,000$1,560,000$
80	80	3.7Sec. 12. OFFICE OF APPELLATE COUNSEL
81	81	3.8AND TRAINING
82	82	11,426,000$11,160,000$
83	83	3.9Sec. 13. STATE COMPETENCY
84	84	3.10ATTAINMENT BOARD
85	85	3.11 ARTICLE 2
86	86	3.12 PUBLIC SAFETY APPROPRIATIONS
87	87	3.13Section 1. APPROPRIATIONS.
88	88	3.14 The sums shown in the columns marked "Appropriations" are appropriated to the agencies
89	89	3.15and for the purposes specified in this article. The appropriations are from the general fund,
90	90	3.16or another named fund, and are available for the fiscal years indicated for each purpose.
91	91	3.17The figures "2025," "2026," and "2027" used in this article mean that the appropriations
92	92	3.18listed under them are available for the fiscal year ending June 30, 2025, June 30, 2026, or
93	93	3.19June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is fiscal
94	94	3.20year 2027. "The biennium" is fiscal years 2026 and 2027. Appropriations for the fiscal year
95	95	3.21ending June 30, 2025, are effective the day following final enactment. Appropriations for
96	96	3.22the fiscal year ending June 30, 2025, are effective the day following final enactment.
97	97	3.23 APPROPRIATIONS
98	98	3.24 Available for the Year
99	99	3.25 Ending June 30
100	100	202720263.26 2025
101	101	1,112,000$1,092,000$3.27Sec. 2. SENTENCING GUIDELINES
102	102	3.28Sec. 3. PUBLIC SAFETY
103	103	271,664,000$276,247,000$3.29Subdivision 1.Total Appropriation
104	104	3.30 Appropriations by Fund
105	105	20273.31 2026
106	106	179,005,000183,491,0003.32General
107	107	21,397,00021,497,0003.33Special Revenue
108	108	103,000103,000
109	109	3.34State Government
110	110	3.35Special Revenue
111	111	3Article 2 Sec. 3.
112	112	25-01993 as introduced02/05/25 REVISOR KLL/HL 133,000130,0004.1Environmental
113	113	2,429,0002,429,0004.2Trunk Highway
114	114	68,597,00068,597,0004.3911 Fund
115	115	4.4The amounts that may be spent for each
116	116	4.5purpose are specified in the following
117	117	4.6subdivisions.
118	118	6,366,0005,504,0004.7Subd. 2.Emergency Management
119	119	4.8 Appropriations by Fund
120	120	6,233,0005,374,0004.9General
121	121	133,000130,0004.10Environmental
122	122	4.11Lake Superior Chippewa Tribal Emergency
123	123	4.12Management Coordinator
124	124	4.13$145,000 each year is for a grant to the Grand
125	125	4.14Portage Band of Lake Superior Chippewa to
126	126	4.15establish and maintain a Tribal emergency
127	127	4.16management coordinator under Minnesota
128	128	4.17Statutes, section 12.25.
129	129	114,081,000114,442,0004.18Subd. 3.Criminal Apprehension
130	130	4.19 Appropriations by Fund
131	131	110,973,000111,334,0004.20General
132	132	7,0007,000
133	133	4.21State Government
134	134	4.22Special Revenue
135	135	2,429,0002,429,0004.23Trunk Highway
136	136	4.24(a) DWI Lab Analysis; Trunk Highway
137	137	4.25Fund
138	138	4.26Notwithstanding Minnesota Statutes, sections
139	139	4.27161.045, subdivision 3, and 161.20,
140	140	4.28subdivision 3, $2,429,000 each year is from
141	141	4.29the trunk highway fund for staff and operating
142	142	4.30costs for laboratory analysis related to
143	143	4.31driving-while-impaired cases.
144	144	4.32(b) Decrease Forensic Evidence Turnaround
145	145	4Article 2 Sec. 3.
146	146	25-01993 as introduced02/05/25 REVISOR KLL/HL 5.1$3,504,000 each year is to decrease turnaround
147	147	5.2times for forensic processing of evidence in
148	148	5.3criminal investigations for state and local law
149	149	5.4enforcement partners.
150	150	5.5Additional staff and supplies funded under
151	151	5.6this provision are intended, among other
152	152	5.7purposes, to reduce the backlog in sexual
153	153	5.8assault examination kit testing, to prevent the
154	154	5.9development of any future backlogs in testing
155	155	5.10sexual assault examination kits, and to provide
156	156	5.11survivors access to the status of the testing of
157	157	5.12their exam kits via the relevant exam testing
158	158	5.13tracking systems. By January 1, 2027, and
159	159	5.14each year thereafter, the commissioner must
160	160	5.15submit a report to the chairs and ranking
161	161	5.16minority members of the house of
162	162	5.17representatives and senate committees with
163	163	5.18jurisdiction over public safety finance and
164	164	5.19policy on the use of these funds in the previous
165	165	5.20fiscal year. The report must: (1) include the
166	166	5.21data necessary to understand sexual assault
167	167	5.22examination kit testing times; and (2) identify
168	168	5.23the barriers to testing all sexual assault
169	169	5.24examination kits within 90 days of receipt by
170	170	5.25the laboratory in the preceding year and in the
171	171	5.26upcoming year.
172	172	5.27(c) Fraud and Financial Crime Unit
173	173	5.28$695,000 each year is for additional staff and
174	174	5.29resources for the centralized fraud and
175	175	5.30financial crimes unit.
176	176	5.31(d) Missing Persons
177	177	5.32$1,500,000 the first year is for a system to
178	178	5.33track, maintain, and share data related to
179	179	5Article 2 Sec. 3.
180	180	25-01993 as introduced02/05/25 REVISOR KLL/HL 6.1missing persons. This appropriation is
181	181	6.2available until June 30, 2029.
182	182	20,017,00020,117,0006.3Subd. 4.Fire Marshal
183	183	6.4 Appropriations by Fund
184	184	4,190,0004,190,0006.5General
185	185	15,827,00015,927,0006.6Special Revenue
186	186	6.7The special revenue fund appropriation is from
187	187	6.8the fire safety account in the special revenue
188	188	6.9fund and is for activities under Minnesota
189	189	6.10Statutes, section 299F.012. The base
190	190	6.11appropriation for this account is $15,927,000
191	191	6.12in fiscal year 2028 and $15,827,000 in fiscal
192	192	6.13year 2029.
193	193	6.14(a) Hazardous Materials and Emergency
194	194	6.15Response Teams
195	195	6.16$2,170,000 the first year and $2,070,000 the
196	196	6.17second year are from the fire safety account
197	197	6.18for hazardous materials and emergency
198	198	6.19response teams. The base for these purposes
199	199	6.20is $2,170,000 in the first year of future
200	200	6.21bienniums and $2,070,000 in the second year
201	201	6.22of future bienniums.
202	202	6.23(b) Bomb Squad Reimbursements
203	203	6.24$250,000 from the fire safety account and
204	204	6.25$50,000 from the general fund each year are
205	205	6.26for reimbursements to local governments for
206	206	6.27bomb squad services.
207	207	6.28(c) Nonresponsible Party Reimbursements
208	208	6.29$750,000 each year from the fire safety
209	209	6.30account is for nonresponsible party hazardous
210	210	6.31material, Urban Search and Rescue, Minnesota
211	211	6.32Air Rescue Team, and bomb squad incident
212	212	6Article 2 Sec. 3.
213	213	25-01993 as introduced02/05/25 REVISOR KLL/HL 7.1reimbursements. Money appropriated for this
214	214	7.2purpose is available for one year.
215	215	7.3(d) Hometown Heroes Assistance Program
216	216	7.4$4,000,000 each year from the general fund
217	217	7.5is for grants to the Minnesota Firefighter
218	218	7.6Initiative to fund the hometown heroes
219	219	7.7assistance program established in Minnesota
220	220	7.8Statutes, section 299A.477.
221	221	7.9(e) Task Force 1
222	222	7.10$1,425,000 each year from the fire safety
223	223	7.11account is for the Minnesota Task Force 1.
224	224	7.12(f) Task Force 2
225	225	7.13$300,000 each year from the fire safety
226	226	7.14account is for the Minnesota Task Force 2.
227	227	7.15(g) Air Rescue
228	228	7.16$500,000 each year from the fire safety
229	229	7.17account is for the Minnesota Air Rescue Team.
230	230	5,500,0005,500,000
231	231	7.18Subd. 5.Firefighter Training and Education
232	232	7.19Board
233	233	7.20 Appropriations by Fund
234	234	5,500,0005,500,0007.21Special Revenue
235	235	7.22The special revenue fund appropriation is from
236	236	7.23the fire safety account in the special revenue
237	237	7.24fund and is for activities under Minnesota
238	238	7.25Statutes, section 299F.012.
239	239	7.26(a) Firefighter Training and Education
240	240	7.27$5,500,000 each year from the fire safety
241	241	7.28account is for firefighter training and
242	242	7.29education.
243	243	7.30(b) Unappropriated Revenue
244	244	7.31Any additional unappropriated money
245	245	7.32collected in fiscal year 2025 is appropriated
246	246	7Article 2 Sec. 3.
247	247	25-01993 as introduced02/05/25 REVISOR KLL/HL 8.1to the commissioner of public safety for the
248	248	8.2purposes of Minnesota Statutes, section
249	249	8.3299F.012. The commissioner may transfer
250	250	8.4appropriations and base amounts between
251	251	8.5activities in this subdivision.
252	252	4,067,0004,056,000
253	253	8.6Subd. 6.Alcohol and Gambling
254	254	8.7Enforcement
255	255	8.8 Appropriations by Fund
256	256	3,997,0003,986,0008.9General
257	257	70,00070,0008.10Special Revenue
258	258	8.11The special revenue fund appropriation is from
259	259	8.12the lawful gambling regulation account.
260	260	53,708,00058,703,0008.13Subd. 7.Office of Justice Programs
261	261	8.14 Appropriations by Fund
262	262	53,612,00058,607,0008.15General
263	263	96,00096,000
264	264	8.16State Government
265	265	8.17Special Revenue
266	266	8.18(a) Domestic and Sexual Violence Housing
267	267	8.19$1,000,000 each year is for the Domestic
268	268	8.20Violence Housing First grant program to
269	269	8.21provide resources for survivors of violence to
270	270	8.22access safe and stable housing and for staff to
271	271	8.23provide mobile advocacy and expertise in
272	272	8.24housing resources in their community and a
273	273	8.25Minnesota Domestic and Sexual Violence
274	274	8.26Transitional Housing program to develop and
275	275	8.27support medium to long term transitional
276	276	8.28housing for survivors of domestic and sexual
277	277	8.29violence with supportive services.
278	278	8.30(b) Office for Missing and Murdered Black
279	279	8.31Women and Girls
280	280	8.32$1,248,000 each year is for the Minnesota
281	281	8.33Office for Missing and Murdered Black
282	282	8.34Women and Girls.
283	283	8Article 2 Sec. 3.
284	284	25-01993 as introduced02/05/25 REVISOR KLL/HL 9.1(c) Office for Missing and Murdered
285	285	9.2Indigenous Relatives
286	286	9.3$774,000 each year is for staff and operating
287	287	9.4costs of the Office for Missing and Murdered
288	288	9.5Indigenous Relatives, the Missing and
289	289	9.6Murdered Indigenous Relatives Advisory
290	290	9.7Board, and the Gaagige-Mikwendaagoziwag
291	291	9.8reward advisory group.
292	292	9.9(d) Sexual Assault Exam Costs
293	293	9.10$3,771,000 the first year and $3,776,000 the
294	294	9.11second year are to reimburse qualified health
295	295	9.12care providers for the expenses associated with
296	296	9.13medical examinations administered to victims
297	297	9.14of criminal sexual conduct as required under
298	298	9.15Minnesota Statutes, section 609.35.
299	299	9.16(e) Direct Assistance to Crime Victim
300	300	9.17Survivors
301	301	9.18$10,000,000 the first year and $5,000,000 the
302	302	9.19second year are to provide grants for direct
303	303	9.20services and advocacy for victims of sexual
304	304	9.21assault, general crime, domestic violence, and
305	305	9.22child abuse. Funding must support the direct
306	306	9.23needs of organizations serving victims of
307	307	9.24crime by providing: direct client assistance to
308	308	9.25crime victims; competitive wages for direct
309	309	9.26service staff; hotel stays and other
310	310	9.27housing-related supports and services;
311	311	9.28culturally responsive programming; prevention
312	312	9.29programming, including domestic abuse
313	313	9.30transformation and restorative justice
314	314	9.31programming; and for other needs of
315	315	9.32organizations and crime victim survivors.
316	316	9.33(f) Intensive Comprehensive Peace Officer
317	317	9.34Education and Training Program
318	318	9Article 2 Sec. 3.
319	319	25-01993 as introduced02/05/25 REVISOR KLL/HL 10.1$2,000,000 each year is to implement the
320	320	10.2intensive comprehensive peace officer
321	321	10.3education and training program described in
322	322	10.4Minnesota Statutes, section 626.8516. This is
323	323	10.5a onetime appropriation and is available
324	324	10.6through June 30, 2029.
325	325	68,597,00068,597,00010.7Subd. 8.Emergency Communication Networks
326	326	10.8 Appropriations by Fund
327	327	68,597,00068,597,00010.9911 Fund
328	328	10.10This appropriation is from the state
329	329	10.11government special revenue fund for 911
330	330	10.12emergency telecommunications services unless
331	331	10.13otherwise indicated.
332	332	10.14(a) Public Safety Answering Points
333	333	10.15$28,011,000 each year shall be distributed as
334	334	10.16provided under Minnesota Statutes, section
335	335	10.17403.113, subdivision 2.
336	336	10.18(b) ARMER State Backbone Operating
337	337	10.19Costs
338	338	10.20$10,384,000 each year is transferred to the
339	339	10.21commissioner of transportation for costs of
340	340	10.22maintaining and operating the statewide radio
341	341	10.23system backbone.
342	342	10.24(c) Statewide Emergency Communications
343	343	10.25Board
344	344	10.26$1,000,000 each year is to the Statewide
345	345	10.27Emergency Communications Board. Funds
346	346	10.28may be used for operating costs, to provide
347	347	10.29competitive grants to local units of
348	348	10.30government to fund enhancements to a
349	349	10.31communication system, technology, or support
350	350	10.32activity that directly provides the ability to
351	351	10.33deliver the 911 call between the entry point to
352	352	10Article 2 Sec. 3.
353	353	25-01993 as introduced02/05/25 REVISOR KLL/HL 11.1the 911 system and the first responder, and to
354	354	11.2further the strategic goals set forth by the
355	355	11.3SECB Statewide Communication
356	356	11.4Interoperability Plan.
357	357	6,797,000$6,749,000$
358	358	11.5Sec. 4. PEACE OFFICER STANDARDS AND
359	359	11.6TRAINING (POST) BOARD
360	360	11.7Peace Officer Training Reimbursements
361	361	11.8$2,949,000 each year is for reimbursements
362	362	11.9to local governments for peace officer training
363	363	11.10costs.
364	364	706,000$697,000$11.11Sec. 5. PRIVATE DETECTIVE BOARD
365	365	11.12Sec. 6. CORRECTIONS
366	366	871,647,000$847,648,000$9,091,000$
367	367	11.13Subdivision 1.Total
368	368	11.14Appropriation
369	369	11.15The amounts that may be spent for each
370	370	11.16purpose are specified in the following
371	371	11.17subdivisions.
372	372	600,689,000$583,470,000$9,091,000$
373	373	11.18Subd. 2.Incarceration and
374	374	11.19Prerelease Services
375	375	11.20(a) Operating Deficiency
376	376	11.21$9,091,000 in fiscal year 2025 is to meet
377	377	11.22financial obligations in fiscal year 2025.
378	378	11.23Amounts in this appropriation may be
379	379	11.24transferred to other programs within the
380	380	11.25Department of Corrections. This is a onetime
381	381	11.26appropriation.
382	382	11.27(b) Prison Rape Elimination Act
383	383	11.28$500,000 each year is for Prison Rape
384	384	11.29Elimination Act (PREA) compliance.
385	385	11.30(c) State Corrections Safety and Security
386	386	11.31$2,339,000 each year is for state corrections
387	387	11.32safety and security investments.
388	388	11Article 2 Sec. 6.
389	389	25-01993 as introduced02/05/25 REVISOR KLL/HL 12.1(d) Inmate Phone Calls
390	390	12.2$3,100,000 each year is to provide voice
391	391	12.3communication services for incarcerated
392	392	12.4persons under Minnesota Statutes, section
393	393	12.5241.252. Any unencumbered balance
394	394	12.6remaining at the end of the first year may be
395	395	12.7carried forward into the second year. If this
396	396	12.8appropriation is greater than the cost of
397	397	12.9providing voice communication services,
398	398	12.10remaining funds must be used to offset the
399	399	12.11cost of other communication services.
400	400	12.12(e) Medical Assistance Reentry
401	401	12.13Demonstration
402	402	12.14$1,924,000 the first year and $2,364,000 the
403	403	12.15second year are for planning and
404	404	12.16implementation of the medical assistance
405	405	12.17reentry demonstration.
406	406	12.18(f) Incarceration and Prerelease Services
407	407	12.19Base Budget
408	408	12.20The base for incarceration and prerelease
409	409	12.21services is $600,731,000 in fiscal year 2028
410	410	12.22and $600,789,000 in fiscal year 2029.
411	411	201,690,000196,362,000
412	412	12.23Subd. 3.Community
413	413	12.24Supervision and Postrelease
414	414	12.25Services
415	415	12.26(a) Community Supervision Funding
416	416	12.27$143,378,000 each year is for community
417	417	12.28supervision services. This appropriation shall
418	418	12.29be distributed according to the community
419	419	12.30supervision formula in Minnesota Statutes,
420	420	12.31section 401.10.
421	421	12.32(b) Tribal Nation Supervision
422	422	12.33$2,750,000 each year is for Tribal Nations to
423	423	12.34provide supervision or supportive services
424	424	12Article 2 Sec. 6.
425	425	25-01993 as introduced02/05/25 REVISOR KLL/HL 13.1pursuant to Minnesota Statutes, section
426	426	13.2401.10.
427	427	13.3(c) Housing Initiatives
428	428	13.4$1,685,000 each year is for housing initiatives
429	429	13.5to support stable housing of incarcerated
430	430	13.6individuals upon release.
431	431	69,268,00067,816,000
432	432	13.7Subd. 4.Organizational, Regulatory, and
433	433	13.8Administrative Services
434	434	13.9Public Safety Data Infrastructure
435	435	13.10$4,097,000 each year is for technology
436	436	13.11modernization and the development of an
437	437	13.12information-sharing and data-technology
438	438	13.13infrastructure. Any unspent funds from the
439	439	13.14current biennium do not cancel and are
440	440	13.15available in the next biennium.
441	441	1,137,000$1,118,000$
442	442	13.16Sec. 7. OMBUDSPERSON FOR
443	443	13.17CORRECTIONS
444	444	5,386,000$5,371,000$13.18Sec. 8. CANNABIS EXPUNGEMENT BOARD
445	445	$1,005,000$995,000$13.19Sec. 9. CLEMENCY REVIEW COMMISSION
446	446	13.20$995,000 the first year and $1,005,000 the
447	447	13.21second year are for the clemency review
448	448	13.22commission described in Minnesota Statutes,
449	449	13.23section 638.09. Of this amount, $200,000 each
450	450	13.24year is for grants to support outreach and
451	451	13.25clemency application assistance.
452	452	13.26Sec. 10. Laws 2023, chapter 52, article 2, section 6, as amended by Laws 2024, chapter
453	453	13.27123, article 1, section 12, and Laws 2024, chapter 123, article 1, section 13, is amended to
454	454	13.28read:
455	455	13.29Sec. 6. CORRECTIONS
456	456	825,675,000$797,937,000$12,643,000$
457	457	13.30Subdivision 1.Total
458	458	13.31Appropriation
459	459	13Article 2 Sec. 10.
460	460	25-01993 as introduced02/05/25 REVISOR KLL/HL 14.1The amounts that may be spent for each
461	461	14.2purpose are specified in the following
462	462	14.3subdivisions.
463	463	561,421,000$534,412,000$12,643,000$
464	464	14.4Subd. 2.Incarceration and
465	465	14.5Prerelease Services
466	466	14.6(a) Operating Deficiency
467	467	14.7$12,643,000 in fiscal year 2023 is to meet
468	468	14.8financial obligations in fiscal year 2023. This
469	469	14.9is a onetime appropriation.
470	470	14.10(b) Transfer
471	471	14.11Up to $4,050,000 may be transferred in fiscal
472	472	14.12year 2025 to other programs within the
473	473	14.13Department of Corrections for financial
474	474	14.14obligations.
475	475	14.15(b) (c) Body-worn Camera Program
476	476	14.16$1,000,000 each year is to create a body-worn
477	477	14.17camera program for corrections officers and
478	478	14.18intensive supervised release agents. This
479	479	14.19appropriation is onetime.
480	480	14.20(c) (d) ARMER Radio System
481	481	14.21$1,500,000 each year is to upgrade and
482	482	14.22maintain the ARMER radio system within
483	483	14.23correctional facilities. This is a onetime
484	484	14.24appropriation.
485	485	14.25(d) (e) Prison Rape Elimination Act
486	486	14.26$500,000 each year is for Prison Rape
487	487	14.27Elimination Act (PREA) compliance.
488	488	14.28(e) (f) State Corrections Safety and Security
489	489	14.29$1,932,000 each in fiscal year 2024 and
490	490	14.30$1,632,000 in fiscal year 2025 is for state
491	491	14.31corrections safety and security investments.
492	492	14Article 2 Sec. 10.
493	493	25-01993 as introduced02/05/25 REVISOR KLL/HL 15.1The base for this appropriation is $2,625,000
494	494	15.2beginning in fiscal year 2026.
495	495	15.3(f) (g) Health Services
496	496	15.4$2,750,000 each year is for increased health
497	497	15.5care services. The base for this appropriation
498	498	15.6is $3,400,000 beginning in fiscal year 2026.
499	499	15.7(g) (h) Educational Programming and
500	500	15.8Support Services
501	501	15.9$5,600,000 the first year and $4,000,000
502	502	15.10$1,000,000 the second year are for educational
503	503	15.11programming and support services. The base
504	504	15.12for this purpose is $2,000,000 beginning in
505	505	15.13fiscal year 2026.
506	506	15.14(h) (i) Family Support Unit
507	507	15.15$480,000 each year is for a family support
508	508	15.16unit.
509	509	15.17(i) (j) Inmate Phone Calls
510	510	15.18$3,100,000 each year is to provide voice
511	511	15.19communication services for incarcerated
512	512	15.20persons under Minnesota Statutes, section
513	513	15.21241.252. Any unencumbered balance
514	514	15.22remaining at the end of the first year may be
515	515	15.23carried forward into the second year. If this
516	516	15.24appropriation is greater than the cost of
517	517	15.25providing voice communication services,
518	518	15.26remaining funds must be used to offset the
519	519	15.27cost of other communication services.
520	520	15.28(j) (k) Virtual Court Coordination
521	521	15.29$500,000 each year is for virtual court
522	522	15.30coordination and modernization.
523	523	15.31(k) (l) Supportive Arts for Incarcerated
524	524	15.32Persons
525	525	15Article 2 Sec. 10.
526	526	25-01993 as introduced02/05/25 REVISOR KLL/HL 16.1$425,000 the first year is for supportive arts
527	527	16.2for incarcerated persons grants as provided
528	528	16.3for in section 17. Of this amount, up to ten
529	529	16.4percent is for administration, including facility
530	530	16.5space, access, liaison, and monitoring. Any
531	531	16.6unencumbered balance remaining at the end
532	532	16.7of the first year does not cancel but is available
533	533	16.8for this purpose in the second year.
534	534	16.9(l) (m) Successful Re-entry
535	535	16.10$375,000 the first year and $875,000 $375,000
536	536	16.11the second year are for reentry initiatives,
537	537	16.12including a culturally specific release program
538	538	16.13for Native American incarcerated individuals.
539	539	16.14The base for this appropriation beginning in
540	540	16.15fiscal year 2026 is $875,000.
541	541	16.16(m) (n) Evidence-based Correctional
542	542	16.17Practices Unit
543	543	16.18$750,000 each in fiscal year 2024 and
544	544	16.19$500,000 in fiscal year 2025 is to establish
545	545	16.20and maintain a unit to direct and oversee the
546	546	16.21use of evidence-based correctional practices
547	547	16.22across the department and supervision delivery
548	548	16.23systems. The base for this appropriation
549	549	16.24beginning in fiscal year 2026 is $750,000.
550	550	16.25(n) (o) Interstate Compact for Adult
551	551	16.26Supervision; Transfer Expense
552	552	16.27Reimbursement
553	553	16.28$250,000 each year is for reimbursements
554	554	16.29under Minnesota Statutes, section 243.1609.
555	555	16.30This is a onetime appropriation.
556	556	16.31(o) (p) Task Force on Aiding and Abetting
557	557	16.32Felony Murder
558	558	16Article 2 Sec. 10.
559	559	25-01993 as introduced02/05/25 REVISOR KLL/HL 17.1$25,000 the first year is for costs associated
560	560	17.2with the revival of the task force on aiding and
561	561	17.3abetting felony murder.
562	562	17.4(p) (q) Incarceration and Prerelease
563	563	17.5Services Base Budget
564	564	17.6The base for incarceration and prerelease
565	565	17.7services is $552,775,000 in fiscal year 2026
566	566	17.8and $553,043,000 in fiscal year 2027.
567	567	190,953,000189,939,000
568	568	17.9Subd. 3.Community
569	569	17.10Supervision and Postrelease
570	570	17.11Services
571	571	17.12(a) Community Supervision Funding
572	572	17.13$143,378,000 each year is for community
573	573	17.14supervision services. This appropriation shall
574	574	17.15be distributed according to the community
575	575	17.16supervision formula in Minnesota Statutes,
576	576	17.17section 401.10.
577	577	17.18(b) Transfer
578	578	17.19Up to $5,750,000 may be transferred in fiscal
579	579	17.20year 2025 to other programs within the
580	580	17.21Department of Corrections for financial
581	581	17.22obligations.
582	582	17.23(b) Tribal Nation Supervision
583	583	17.24$2,750,000 each year is for Tribal Nations to
584	584	17.25provide supervision or supportive services
585	585	17.26pursuant to Minnesota Statutes, section
586	586	17.27401.10.
587	587	17.28(c) Postrelease Sex Offender Program
588	588	17.29$1,915,000 each year is for postrelease sex
589	589	17.30offender treatment services and initiatives.
590	590	17.31(d) Community Supervision Advisory
591	591	17.32Committee
592	592	17Article 2 Sec. 10.
593	593	25-01993 as introduced02/05/25 REVISOR KLL/HL 18.1$75,000 the first year is to fund the community
594	594	18.2supervision advisory committee under
595	595	18.3Minnesota Statutes, section 401.17.
596	596	18.4(e) Regional and County Jails Study and
597	597	18.5Report
598	598	18.6$150,000 the first year is to fund the
599	599	18.7commissioner's study and report on the
600	600	18.8consolidation or merger of county jails and
601	601	18.9alternatives to incarceration for persons
602	602	18.10experiencing mental health disorders.
603	603	18.11(f) Work Release Programs
604	604	18.12$500,000 each year is for work release
605	605	18.13programs.
606	606	18.14(g) County Discharge Plans
607	607	18.15$80,000 each year is to develop model
608	608	18.16discharge plans pursuant to Minnesota
609	609	18.17Statutes, section 641.155. This appropriation
610	610	18.18is onetime.
611	611	18.19(h) Housing Initiatives
612	612	18.20$2,130,000 each in fiscal year 2024 and
613	613	18.21$880,000 in fiscal year 2025 is for housing
614	614	18.22initiatives to support stable housing of
615	615	18.23incarcerated individuals upon release. The
616	616	18.24base for this purpose beginning in fiscal year
617	617	18.252026 is $1,685,000. Of this amount:
618	618	18.26(1) $1,000,000 each year is for housing
619	619	18.27stabilization prerelease services and program
620	620	18.28evaluation. The base for this purpose
621	621	18.29beginning in fiscal year 2026 is $760,000;
622	622	18.30(2) $500,000 each year is for rental assistance
623	623	18.31for incarcerated individuals approaching
624	624	18.32release, on supervised release, or on probation
625	625	18.33who are at risk of homelessness;
626	626	18Article 2 Sec. 10.
627	627	25-01993 as introduced02/05/25 REVISOR KLL/HL 19.1(3) $405,000 each year is for culturally
628	628	19.2responsive trauma-informed transitional
629	629	19.3housing. The base for this purpose beginning
630	630	19.4in fiscal year 2026 is $200,000; and
631	631	19.5(4) $225,000 each year is for housing
632	632	19.6coordination activities.
633	633	19.7(i) Community Supervision and Postrelease
634	634	19.8Services Base Budget
635	635	19.9The base for community supervision and
636	636	19.10postrelease services is $189,272,000 in fiscal
637	637	19.11year 2026 and $189,172,000 in fiscal year
638	638	19.122027.
639	639	19.13(j) Naloxone
640	640	19.14$2,000 each year is to purchase naloxone for
641	641	19.15supervised release agents to use to respond to
642	642	19.16overdoses.
643	643	73,301,00073,586,000
644	644	19.17Subd. 4.Organizational, Regulatory, and
645	645	19.18Administrative Services
646	646	19.19(a) Public Safety Data Infrastructure
647	647	19.20$22,914,000 the first year and $22,915,000
648	648	19.21the second year are for technology
649	649	19.22modernization and the development of an
650	650	19.23information-sharing and data-technology
651	651	19.24infrastructure. The base for this purpose is
652	652	19.25$4,097,000 beginning in fiscal year 2026. Any
653	653	19.26unspent funds from the current biennium do
654	654	19.27not cancel and are available in the next
655	655	19.28biennium.
656	656	19.29(b) Transfer
657	657	19.30Up to $200,000 may be transferred in fiscal
658	658	19.31year 2025 to other programs within the
659	659	19.32Department of Corrections for financial
660	660	19.33obligations.
661	661	19Article 2 Sec. 10.
662	662	25-01993 as introduced02/05/25 REVISOR KLL/HL 20.1(b) (c) Supervised Release Board
663	663	20.2$40,000 each year is to establish and operate
664	664	20.3the supervised release board pursuant to
665	665	20.4Minnesota Statutes, section 244.049.
666	666	20.5(c) (d) Recruitment and Retention
667	667	20.6$3,200,000 the first year and $400,000 the
668	668	20.7second year are for recruitment and retention
669	669	20.8initiatives. Of this amount, $2,800,000 the first
670	670	20.9year is for staff recruitment, professional
671	671	20.10development, conflict resolution, and staff
672	672	20.11wellness, and to contract with community
673	673	20.12collaborative partners who specialize in trauma
674	674	20.13recovery.
675	675	20.14(d) (e) Clemency Review Commission
676	676	20.15$986,000 the first year is for the clemency
677	677	20.16review commission described in Minnesota
678	678	20.17Statutes, section 638.09. Of this amount,
679	679	20.18$200,000 each year is for grants to support
680	680	20.19outreach and clemency application assistance.
681	681	20.20Any unencumbered balance remaining in the
682	682	20.21first year does not cancel, but must be
683	683	20.22transferred to the Clemency Review
684	684	20.23Commission by July 30, 2024. Funds
685	685	20.24transferred under this paragraph are available
686	686	20.25until June 30, 2025.
687	687	20.26(e) (f) Accountability and Transparency
688	688	20.27$1,000,000 each in fiscal year 2024 and
689	689	20.28$800,000 in fiscal year 2025 is for
690	690	20.29accountability and transparency initiatives.
691	691	20.30The base for this appropriation is $1,480,000
692	692	20.31beginning in fiscal year 2026.
693	693	20.32(f) (g) Organizational, Regulatory, and
694	694	20.33Administrative Services Base Budget
695	695	20Article 2 Sec. 10.
696	696	25-01993 as introduced02/05/25 REVISOR KLL/HL 21.1The base for organizational, regulatory, and
697	697	21.2administrative services is $54,863,000 in fiscal
698	698	21.3year 2026 and $54,663,000 in fiscal year 2027.
699	699	21.4 EFFECTIVE DATE.This section is effective the day following final enactment.
700	700	21.5 ARTICLE 3
701	701	21.6 PUBLIC SAFETY POLICY
702	702	21.7 Section 1. Minnesota Statutes 2024, section 299A.01, is amended by adding a subdivision
703	703	21.8to read:
704	704	21.9 Subd. 9.Grant contracts and programs administrative costs.Notwithstanding any
705	705	21.10law to the contrary, unless amounts are otherwise appropriated for administrative costs, the
706	706	21.11department may retain up to five percent of the amount appropriated to the department for
707	707	21.12grants enacted by the legislature and single or sole source and formula grants and up to ten
708	708	21.13percent for competitively awarded grants to be used for staff and related operating costs for
709	709	21.14grant administration. This subdivision applies to all new and existing grant programs
710	710	21.15administered by the department. This subdivision does not apply to grants funded with an
711	711	21.16appropriation of proceeds from the sale of state general obligation bonds.
712	712	21.17Sec. 2. Minnesota Statutes 2024, section 299F.47, subdivision 2, is amended to read:
713	713	21.18 Subd. 2.Charter school inspections; fees.The state fire marshal shall charge charter
714	714	21.19schools $100 $0.014 per square foot for each school building inspected. This rate These
715	715	21.20rates shall include two follow-up inspections or on-site consultations. If additional follow-up
716	716	21.21inspections or consultations are needed, the state fire marshal shall charge $50 $0.005 per
717	717	21.22square foot for each additional follow-up inspection to each applicable building in which a
718	718	21.23follow-up inspection is needed.
719	719	21.24Sec. 3. [609.5523] THEFT OF PUBLIC FUNDS.
720	720	21.25 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
721	721	21.26the meanings given.
722	722	21.27 (b) "Public funds" means all general, special, permanent, trust, and other funds, regardless
723	723	21.28of source or purpose, held or administered by a government entity.
724	724	21.29 (c) "Government entity" has the meaning provided in section 13.02, subdivision 7a.
725	725	21.30 Subd. 2.Acts constituting theft of public funds.Whoever does any of the following
726	726	21.31commits theft of public funds and may be sentenced as provided in subdivision 3:
727	727	21Article 3 Sec. 3.
728	728	25-01993 as introduced02/05/25 REVISOR KLL/HL 22.1 (1) intentionally and without claim of right takes, uses, transfers, conceals, or retains
729	729	22.2possession of public funds of a government entity or a third party administering a program
730	730	22.3funded by public vendors without consent and with intent to deprive the government entity
731	731	22.4permanently of possession of public funds;
732	732	22.5 (2) obtains for the actor or another the possession or custody of public funds from a
733	733	22.6government entity or third party administering a program funded by public funds by
734	734	22.7intentionally deceiving the government entity or third party with a false representation which
735	735	22.8is known to be false, is made with intent to defraud, and does defraud the government entity
736	736	22.9or third party to whom it is made. False representation includes without limitation:
737	737	22.10 (i) a promise made with intent not to perform. Failure to perform is not evidence of
738	738	22.11intent not to perform unless corroborated by other substantial evidence; or
739	739	22.12 (ii) the preparation or filing of a claim for reimbursement, a rate application, or a cost
740	740	22.13report which intentionally and falsely states the costs of or actual services provided by a
741	741	22.14vendor; or
742	742	22.15 (3) by swindling, whether by artifice, trick, device, or any other means, obtains public
743	743	22.16funds or services funded by public funds from a government entity or a third party
744	744	22.17administering a program funded by public funds.
745	745	22.18 Subd. 3.Sentence.(a) Whoever commits theft of public funds may be sentenced as
746	746	22.19follows:
747	747	22.20 (1) to imprisonment for not more than 24 years or to payment of a fine of not more than
748	748	22.21$100,000, or both, if the value of property stolen is more than $35,000;
749	749	22.22 (2) to imprisonment for not more than 12 years or to payment of a fine of not more than
750	750	22.23$20,000, or both, if the value of the property stolen exceeds $5,000; or
751	751	22.24 (3) to imprisonment for not more than six years or to payment of a fine of not more than
752	752	22.25$10,000, or both, if the value of the property is more than $1,000 but not more than $5,000.
753	753	22.26 (b) In any prosecution for theft of public funds, the value of the money or property
754	754	22.27received by the defendant in violation of any of these provisions within any six-month
755	755	22.28period may be aggregated and the defendant charged accordingly in applying the provisions
756	756	22.29of this subdivision.
757	757	22Article 3 Sec. 3.
758	758	25-01993 as introduced02/05/25 REVISOR KLL/HL 23.1 ARTICLE 4
759	759	23.2 CORRECTIONS POLICY
760	760	23.3 Section 1. Minnesota Statutes 2024, section 14.03, subdivision 3, is amended to read:
761	761	23.4 Subd. 3.Rulemaking procedures.(a) The definition of a rule in section 14.02,
762	762	23.5subdivision 4, does not include:
763	763	23.6 (1) rules concerning only the internal management of the agency or other agencies that
764	764	23.7do not directly affect the rights of or procedures available to the public;
765	765	23.8 (2) an application deadline on a form; and the remainder of a form and instructions for
766	766	23.9use of the form to the extent that they do not impose substantive requirements other than
767	767	23.10requirements contained in statute or rule;
768	768	23.11 (3) the curriculum adopted by an agency to implement a statute or rule permitting or
769	769	23.12mandating minimum educational requirements for persons regulated by an agency, provided
770	770	23.13the topic areas to be covered by the minimum educational requirements are specified in
771	771	23.14statute or rule;
772	772	23.15 (4) procedures for sharing data among government agencies, provided these procedures
773	773	23.16are consistent with chapter 13 and other law governing data practices.
774	774	23.17 (b) The definition of a rule in section 14.02, subdivision 4, does not include:
775	775	23.18 (1) rules of the commissioner of corrections:
776	776	23.19 (i) relating to the release, placement, term, revocation, and supervision of inmates on
777	777	23.20work release, on parole, or serving a supervised release or conditional release term,;
778	778	23.21 (ii) on the internal management of institutions under the commissioner's control, and
779	779	23.22rules adopted; and
780	780	23.23 (iii) under section 609.105 governing the inmates of those institutions under the
781	781	23.24commissioner's control;
782	782	23.25 (2) rules relating to weight limitations on the use of highways when the substance of the
783	783	23.26rules is indicated to the public by means of signs;
784	784	23.27 (3) opinions of the attorney general;
785	785	23.28 (4) the data element dictionary and the annual data acquisition calendar of the Department
786	786	23.29of Education to the extent provided by section 125B.07;
787	787	23.30 (5) the occupational safety and health standards provided in section 182.655;
788	788	23.31 (6) revenue notices and tax information bulletins of the commissioner of revenue;
789	789	23Article 4 Section 1.
790	790	25-01993 as introduced02/05/25 REVISOR KLL/HL 24.1 (7) uniform conveyancing forms adopted by the commissioner of commerce under
791	791	24.2section 507.09;
792	792	24.3 (8) standards adopted by the Electronic Real Estate Recording Commission established
793	793	24.4under section 507.0945; or
794	794	24.5 (9) the interpretive guidelines developed by the commissioner of human services to the
795	795	24.6extent provided in chapter 245A.
796	796	24.7 Sec. 2. Minnesota Statutes 2024, section 201.014, subdivision 2a, is amended to read:
797	797	24.8 Subd. 2a.Felony conviction; restoration of civil right to vote.An individual who is
798	798	24.9ineligible to vote because of a felony conviction has the civil right to vote restored during
799	799	24.10any period when the individual is not incarcerated for the offense. If the individual is later
800	800	24.11incarcerated for the offense, the individual's civil right to vote is lost only during that period
801	801	24.12of incarceration. For purposes of this subdivision only, an individual on work release under
802	802	24.13section 241.26 or 244.065 or an individual released under section 631.425 is not deemed
803	803	24.14to be incarcerated.
804	804	24.15Sec. 3. Minnesota Statutes 2024, section 241.26, subdivision 1, is amended to read:
805	805	24.16 Subdivision 1.Commissioner Granting work release.When consistent with the public
806	806	24.17interest and the public safety, (a) The commissioner of corrections may conditionally release
807	807	24.18an inmate who is eligible and being considered for release under section 243.05, to work
808	808	24.19at paid employment, seek employment, or participate in a vocational training or educational
809	809	24.20program.:
810	810	24.21 (1) when consistent with the public interest and the public safety; and
811	811	24.22 (2) if the inmate has served at least one-half of the term of imprisonment.
812	812	24.23 (b) Release under this subdivision is an extension of the limits of confinement, and each
813	813	24.24inmate so released shall must be confined in the correctional facility from which released
814	814	24.25or in some other suitable place of confinement designated by the commissioner of corrections
815	815	24.26during the hours the inmate is not employed, seeking employment, or engaged in a vocational
816	816	24.27training or educational program, or, if employed, seeking employment, or engaged in a
817	817	24.28vocational training or educational program, between the hours of such activity.
818	818	24.29 (c) A reasonable allowance for travel time and meals shall be permitted.
819	819	24Article 4 Sec. 3.
820	820	25-01993 as introduced02/05/25 REVISOR KLL/HL 25.1 Sec. 4. Minnesota Statutes 2024, section 241.26, subdivision 3, is amended to read:
821	821	25.2 Subd. 3.Rules Policy.The commissioner of corrections shall establish rules for placement
822	822	25.3and supervision of such must adopt policy for placing and supervising inmates under
823	823	25.4subdivision 1 and for administration of administrating programs authorized by this section.
824	824	25.5When consistent with the public interest, the commissioner may grant furloughs to those
825	825	25.6inmates participating in the programs authorized by this section who have spent at least 30
826	826	25.7days in a residential work release center operated by or under the control of the commissioner
827	827	25.8for a period of time not to exceed their supervised release date.
828	828	25.9 Sec. 5. Minnesota Statutes 2024, section 241.26, subdivision 4, is amended to read:
829	829	25.10 Subd. 4.Revocation Rescinding work release.The willful failure of an inmate to report
830	830	25.11to or return from planned employment, seeking employment, educational or vocational
831	831	25.12training, or furlough as provided in subdivision 3 shall be is considered an escape under
832	832	25.13section 609.485. If an inmate violates any of the policy rules provided for in under
833	833	25.14subdivision 3, the inmate's work placement, educational, or vocational training privileges
834	834	25.15may be withdrawn by the commissioner.
835	835	25.16Sec. 6. Minnesota Statutes 2024, section 241.26, subdivision 5, is amended to read:
836	836	25.17 Subd. 5.Earnings; work release account.(a) The net earnings of each inmate
837	837	25.18participating in the work release program provided by this section may be collected by or
838	838	25.19forwarded to the commissioner of corrections for deposit to the account of the inmate in
839	839	25.20the work release account in the state treasury, or the inmate may be permitted to collect,
840	840	25.21retain, and expend the net earnings from the inmate's employment under rules established
841	841	25.22according to policy adopted by the commissioner of corrections. The money collected by
842	842	25.23or forwarded to the commissioner under the rules shall remain remains under the control
843	843	25.24of the commissioner for the sole benefit of the inmate. After making deductions for the
844	844	25.25payment of state and local taxes, if necessary, and for repayment of advances and gate
845	845	25.26money as provided in section 243.24, wages under the control of the commissioner and
846	846	25.27wages retained by the inmate may be disbursed by the commissioner or expended by the
847	847	25.28inmate for the following purposes and in the following order:
848	848	25.29 (1) the cost of the inmate's keep as determined by subdivision 7, which money shall be
849	849	25.30deposited in the general fund of the state treasury if the inmate is housed in a state
850	850	25.31correctional facility, or shall be paid directly to the place of confinement as designated by
851	851	25.32the commissioner pursuant to subdivision 1;
852	852	25Article 4 Sec. 6.
853	853	25-01993 as introduced02/05/25 REVISOR KLL/HL 26.1 (2) necessary travel expense to and from work and other incidental expenses of the
854	854	26.2inmate;
855	855	26.3 (3) support of inmate's dependents, if any;
856	856	26.4 (4) court-ordered restitution, if any;
857	857	26.5 (5) fines, surcharges, or other fees assessed or ordered by the court;
858	858	26.6 (6) contribution to any programs established by law to aid victims of crime, provided
859	859	26.7that the contribution must not be more than 20 percent of the inmate's gross wages;
860	860	26.8 (7) restitution to the commissioner of corrections ordered by a prison disciplinary hearing
861	861	26.9officer for damage to property caused by an inmate's conduct;
862	862	26.10 (8) restitution to staff ordered by a prison disciplinary hearing officer for damage to
863	863	26.11property caused by an inmate's conduct;
864	864	26.12 (9) restitution to another inmate ordered by a prison disciplinary hearing officer for
865	865	26.13personal injury to another caused by an inmate's conduct;
866	866	26.14 (10) after the above expenditures, the inmate shall have discretion to direct payment of
867	867	26.15the balance, if any, upon proper proof of personal legal debts; and
868	868	26.16 (11) the balance, if any, shall be disbursed to the inmate as provided in section 243.24,
869	869	26.17subdivision 1.
870	870	26.18 (b) The commissioner may authorize the payment of court-ordered restitution from an
871	871	26.19inmate's wages when the restitution was court ordered as a sanction for the conviction of
872	872	26.20an offense which is not the offense of commitment, including offenses which occurred prior
873	873	26.21to the offense for which the inmate was committed to the commissioner. All money in the
874	874	26.22work release account are appropriated annually to the commissioner of corrections for the
875	875	26.23purposes of the work release program.
876	876	26.24Sec. 7. Minnesota Statutes 2024, section 241.26, is amended by adding a subdivision to
877	877	26.25read:
878	878	26.26 Subd. 8.Exempt from rulemaking.A commissioner policy or policy rule under this
879	879	26.27section is not a rule under chapter 14 and is exempt from the rulemaking provisions under
880	880	26.28chapter 14, including section 14.386.
881	881	26Article 4 Sec. 7.
882	882	25-01993 as introduced02/05/25 REVISOR KLL/HL 27.1 Sec. 8. Minnesota Statutes 2024, section 242.10, is amended to read:
883	883	27.2 242.10 HEARING OFFICERS, POWERS; PROBATION, COMMITMENT ,
884	884	27.3PAROLE.
885	885	27.4 Subdivision 1.Designated hearing officers.The commissioner of corrections may
886	886	27.5designate from among the members of the commissioner's staff, one or more hearing officers
887	887	27.6and delegate to them the authority to grant or revoke probation, commit to an institution,
888	888	27.7grant or revoke parole, or issue final discharge to any person under the control of the
889	889	27.8commissioner pursuant to a commitment committed to the commissioner by a juvenile court
890	890	27.9of this state.
891	891	27.10 Subd. 2.Appealing order of hearing officer.Any person aggrieved by an order issued
892	892	27.11by a hearing officer may appeal to the commissioner or to a review panel established by
893	893	27.12the commissioner a designee within the department pursuant according to rules policy issued
894	894	27.13by the commissioner.
895	895	27.14 Subd. 3.Exempt from rulemaking.A commissioner policy under this section is not a
896	896	27.15rule under chapter 14 and is exempt from the rulemaking provisions under chapter 14,
897	897	27.16including section 14.386.
898	898	27.17Sec. 9. Minnesota Statutes 2024, section 242.19, subdivision 3, is amended to read:
899	899	27.18 Subd. 3.Retaking absconding and other person.The written order of the commissioner
900	900	27.19of corrections is authority to any peace officer or parole or probation officer Warrants to
901	901	27.20take and detain any child committed to the commissioner of corrections by a juvenile court
902	902	27.21who absconds from field supervision or escapes from confinement, violates furlough
903	903	27.22conditions, or is released from court while on institution status are governed according to
904	904	27.23section 243.051. Any person of the age of 18 years or older who is taken into custody under
905	905	27.24the provisions of this subdivision may be detained as provided in section 260B.181,
906	906	27.25subdivision 4.
907	907	27.26Sec. 10. Minnesota Statutes 2024, section 242.44, is amended to read:
908	908	27.27 242.44 PUPILS JUVENILES.
909	909	27.28 Subdivision 1.Receiving and housing juveniles.The commissioner of corrections, so
910	910	27.29far as the accommodations of the correctional facilities and other means at the commissioner's
911	911	27.30disposal will permit, may receive juvenile delinquents and juvenile offenders serving a
912	912	27.31juvenile disposition under section 260B.130, subdivision 4. The commissioner's housing
913	913	27.32of these individuals must be consistent with federal and state law, including established
914	914	27Article 4 Sec. 10.
915	915	25-01993 as introduced02/05/25 REVISOR KLL/HL 28.1admissions criteria for Minnesota Correctional Facility-Red Wing. The commissioner may
916	916	28.2place these youths at employment, may provide education suitable to their years and capacity,
917	917	28.3and may place them in suitable homes.
918	918	28.4 Subd. 2.Parole or discharge.(a) Under rules policy prescribed by the commissioner,
919	919	28.5when deemed best for these youths, persons committed to the commissioner's care and
920	920	28.6custody by a juvenile court may be paroled or discharged from the facility by the
921	921	28.7commissioner.
922	922	28.8 (b) A commissioner policy under this subdivision is not a rule under chapter 14 and is
923	923	28.9exempt from the rulemaking provisions under chapter 14, including section 14.386.
924	924	28.10 Subd. 3.Youth in facility.All pupils youth in the facility shall must be clothed,
925	925	28.11instructed, and maintained by the commissioner of corrections.
926	926	28.12Sec. 11. Minnesota Statutes 2024, section 243.05, subdivision 1, is amended to read:
927	927	28.13 Subdivision 1.Conditional release.(a) The Supervised Release Board may parole any
928	928	28.14person sentenced to confinement in any state correctional facility for adults under the control
929	929	28.15of the commissioner of corrections, provided that:
930	930	28.16 (1) no inmate serving a life sentence for committing murder before May 1, 1980, other
931	931	28.17than murder committed in violation of clause (1) of section 609.185 who has not been
932	932	28.18previously convicted of a felony shall be paroled without having served 20 years, less the
933	933	28.19diminution that would have been allowed for good conduct had the sentence been for 20
934	934	28.20years;
935	935	28.21 (2) no inmate serving a life sentence for committing murder before May 1, 1980, who
936	936	28.22has been previously convicted of a felony or though not previously convicted of a felony
937	937	28.23is serving a life sentence for murder in the first degree committed in violation of clause (1)
938	938	28.24of section 609.185 shall be paroled without having served 25 years, less the diminution
939	939	28.25which would have been allowed for good conduct had the sentence been for 25 years;
940	940	28.26 (3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
941	941	28.27had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
942	942	28.28 (4) any new rule or policy or change of rule or policy adopted by the commissioner of
943	943	28.29corrections which has the effect of postponing eligibility for parole has prospective effect
944	944	28.30only and applies only with respect to persons committing offenses after the effective date
945	945	28.31of the new rule or policy or change.
946	946	28Article 4 Sec. 11.
947	947	25-01993 as introduced02/05/25 REVISOR KLL/HL 29.1 (b) Upon being paroled and released, an inmate is and remains in the legal custody and
948	948	29.2under the control of the commissioner, subject at any time to be returned to a facility of the
949	949	29.3Department of Corrections established by law for the confinement or treatment of convicted
950	950	29.4persons and the parole rescinded by the commissioner.
951	951	29.5 (c) The written order of the commissioner of corrections, is sufficient authority for any
952	952	29.6peace officer, state correctional investigator, or state parole and probation agent to retake
953	953	29.7and place in actual custody any person on parole or supervised release. In addition, when
954	954	29.8it appears necessary in order to prevent escape or enforce discipline, any state parole and
955	955	29.9probation agent or state correctional investigator may, without order of warrant, take and
956	956	29.10detain a parolee or person on supervised release or work release and bring the person to the
957	957	29.11commissioner for action.
958	958	29.12 (d) The written order of the commissioner of corrections is sufficient authority for any
959	959	29.13peace officer, state correctional investigator, or state parole and probation agent to retake
960	960	29.14and place in actual custody any person on probation under the supervision of the
961	961	29.15commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
962	962	29.16to prevent escape or enforce discipline, any state parole and probation agent or state
963	963	29.17correctional investigator may, without an order, retake and detain a probationer and bring
964	964	29.18the probationer before the court for further proceedings under section 609.14.
965	965	29.19 (e) The written order of the commissioner of corrections is sufficient authority for any
966	966	29.20peace officer, state correctional investigator, or state parole and probation agent to detain
967	967	29.21any person on pretrial release who absconds from pretrial release or fails to abide by the
968	968	29.22conditions of pretrial release.
969	969	29.23 (f) (c) Persons conditionally released, and those on probation under the supervision of
970	970	29.24the commissioner of corrections pursuant to section 609.135 may be placed within or outside
971	971	29.25the boundaries of the state at the discretion of the commissioner of corrections or the court,
972	972	29.26and the limits fixed for these persons may be enlarged or reduced according to their conduct.
973	973	29.27 (g) (d) Except as otherwise provided in subdivision 1b, in considering applications for
974	974	29.28conditional release or discharge, the commissioner is not required to hear oral argument
975	975	29.29from any attorney or other person not connected with an adult correctional facility of the
976	976	29.30Department of Corrections in favor of or against the parole or release of any inmates. The
977	977	29.31commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
978	978	29.32as to the previous history, physical or mental condition, and character of the inmate and, to
979	979	29.33that end, has the authority to require the attendance of the chief executive officer of any
980	980	29.34state adult correctional facility and the production of the records of these facilities, and to
981	981	29Article 4 Sec. 11.
982	982	25-01993 as introduced02/05/25 REVISOR KLL/HL 30.1compel the attendance of witnesses. The commissioner is authorized to administer oaths to
983	983	30.2witnesses for these purposes.
984	984	30.3 (h) (e) Before revoking a nonviolent controlled substance offender's parole or probation
985	985	30.4based on a technical violation, when the offender does not present a risk to the public and
986	986	30.5the offender is amenable to continued supervision in the community, a parole or probation
987	987	30.6agent must identify community options to address and correct the violation including, but
988	988	30.7not limited to, inpatient substance use disorder treatment. If a probation or parole agent
989	989	30.8determines that community options are appropriate and available in the state, the agent must
990	990	30.9seek to restructure the offender's terms of release to incorporate those options. If an offender
991	991	30.10on probation stipulates in writing to restructure the terms of release, a probation agent must
992	992	30.11forward a report to the district court containing:
993	993	30.12 (1) the specific nature of the technical violation of probation;
994	994	30.13 (2) the recommended restructure to the terms of probation; and
995	995	30.14 (3) a copy of the offender's signed stipulation indicating that the offender consents to
996	996	30.15the restructuring of probation.
997	997	30.16 (i) (f) The recommended restructuring of probation becomes effective when confirmed
998	998	30.17by a judge. The order of the court is proof of confirmation and amends the terms of the
999	999	30.18sentence imposed by the court under section 609.135.
1000	1000	30.19 (j) (g) If a nonviolent controlled substance offender's parole or probation is revoked, the
1001	1001	30.20offender's agent must first attempt to place the offender in a local jail.
1002	1002	30.21 (k) (h) For purposes of paragraphs (h) (e) to (k) (h):
1003	1003	30.22 (1) "nonviolent controlled substance offender" means a person who meets the criteria
1004	1004	30.23described under section 244.0513, subdivision 2, clauses (1), (2), and (5); and
1005	1005	30.24 (2) "technical violation" means any violation of a court order of probation or a condition
1006	1006	30.25of parole, except an allegation of a subsequent criminal act that is alleged in a formal
1007	1007	30.26complaint, citation, or petition.
1008	1008	30.27Sec. 12. Minnesota Statutes 2024, section 243.05, subdivision 2, is amended to read:
1009	1009	30.28 Subd. 2.Rules Policy on conditional release.(a) The commissioner of corrections may
1010	1010	30.29must adopt rules in accordance with chapter 14, the Administrative Procedure Act, policy
1011	1011	30.30governing the procedures for granting of conditional release and final discharge. The rules
1012	1012	30.31policy may provide for the conduct and employment of persons conditionally released, and
1013	1013	30Article 4 Sec. 12.
1014	1014	25-01993 as introduced02/05/25 REVISOR KLL/HL 31.1other matters necessary to implement the duties conferred by law upon the commissioner
1015	1015	31.2with respect to conditional release and discharge of persons.
1016	1016	31.3 (b) A commissioner policy under this subdivision is not a rule under chapter 14 and is
1017	1017	31.4exempt from the rulemaking provisions under chapter 14, including section 14.386.
1018	1018	31.5 (c) For purposes of this subdivision, "conditional release" means a person on parole,
1019	1019	31.6work release, or supervised release.
1020	1020	31.7 Sec. 13. Minnesota Statutes 2024, section 243.05, subdivision 4, is amended to read:
1021	1021	31.8 Subd. 4.Hearing officers; powers; duties.To carry out the powers and duties conferred
1022	1022	31.9by this section, the commissioner of corrections may designate from among staff members,
1023	1023	31.10one or more hearing officers and delegate to them any of the powers and duties conferred
1024	1024	31.11by this section. In the exercise of their delegated powers and duties the hearing officers
1025	1025	31.12shall be subject to the rules prescribed by the commissioner of corrections.
1026	1026	31.13Sec. 14. [243.051] WARRANTS AND STOP ORDERS.
1027	1027	31.14 Subdivision 1.Warrants and stop orders; commissioner policy.(a) For purposes of
1028	1028	31.15this section, "commissioner" means the commissioner of corrections.
1029	1029	31.16 (b) Consistent with this section, the commissioner must adopt policy governing warrants
1030	1030	31.17and stop orders.
1031	1031	31.18 (c) A commissioner policy under this section is not a rule under chapter 14 and is exempt
1032	1032	31.19from the rulemaking provisions under chapter 14, including section 14.386.
1033	1033	31.20 Subd. 2.Warrants; generally.(a) The commissioner may issue warrants, including
1034	1034	31.21nationwide warrants, for apprehension and detention in any of the following circumstances:
1035	1035	31.22 (1) when a person under the commissioner's supervision, including but not limited to a
1036	1036	31.23person on parole, supervised release, conditional release, work release, or probation, absconds
1037	1037	31.24from supervision or fails to abide by the conditions of their release;
1038	1038	31.25 (2) when a person on pretrial release absconds from pretrial release or fails to abide by
1039	1039	31.26the conditions of pretrial release;
1040	1040	31.27 (3) when an inmate escapes from any state correctional facility under the commissioner's
1041	1041	31.28control;
1042	1042	31.29 (4) when a convicted defendant fails to report postsentencing to their county authority
1043	1043	31.30or to a state correctional facility; or
1044	1044	31Article 4 Sec. 14.
1045	1045	25-01993 as introduced02/05/25 REVISOR KLL/HL 32.1 (5) when a child committed to the commissioner by a juvenile court absconds from field
1046	1046	32.2supervision, escapes from confinement, violates furlough conditions, or is released from
1047	1047	32.3court while on institution status.
1048	1048	32.4 (b) For an inmate under paragraph (a), clause (3), the commissioner must use all proper
1049	1049	32.5means to apprehend and return the inmate, which may include offering a reward of no more
1050	1050	32.6than $100 to be paid from the state treasury, for information leading to the arrest and return
1051	1051	32.7to custody of the inmate.
1052	1052	32.8 (c) Any individual 18 years of age or older who is taken into custody under paragraph
1053	1053	32.9(a), clause (5), may be detained according to section 260B.181, subdivision 4.
1054	1054	32.10 Subd. 3.Warrant authority.A warrant issued by the commissioner is sufficient authority
1055	1055	32.11for any peace officer, state correctional investigator, or state parole or probation agent to
1056	1056	32.12retake and place in actual custody any person.
1057	1057	32.13 Subd. 4.Preventing escape or enforcing discipline.When it appears necessary to
1058	1058	32.14prevent escape or enforce discipline, any state parole and probation agent or state correctional
1059	1059	32.15investigator may, without a warrant:
1060	1060	32.16 (1) take and detain any person on probation, parole, supervised release, conditional
1061	1061	32.17release, or work release; and
1062	1062	32.18 (2) take one of the following actions:
1063	1063	32.19 (i) for a person on probation, bring them before the court for further proceedings under
1064	1064	32.20section 609.14; or
1065	1065	32.21 (ii) for a person on parole, supervised release, conditional release, or work release, bring
1066	1066	32.22them to the commissioner for action.
1067	1067	32.23 Subd. 5.Stop time.The commissioner may stop the time from running on sentences of
1068	1068	32.24persons until they are taken into custody in the following circumstances:
1069	1069	32.25 (1) releasees who have absconded from supervision;
1070	1070	32.26 (2) inmates who have escaped from a state correctional facility; or
1071	1071	32.27 (3) convicted defendants who have failed to report postsentencing.
1072	1072	32.28Sec. 15. Minnesota Statutes 2024, section 243.88, subdivision 2, is amended to read:
1073	1073	32.29 Subd. 2.Private industry employment.(a) Any corporation operating a factory or
1074	1074	32.30other business or commercial enterprise under this section may employ selected inmates of
1075	1075	32.31the correctional institution upon whose grounds it operates and persons conditionally released
1076	1076	32Article 4 Sec. 15.
1077	1077	25-01993 as introduced02/05/25 REVISOR KLL/HL 33.1subject to the provisions of section 241.26. Persons conditionally released as provided in
1078	1078	33.2this subdivision shall be deemed to be are parolees within the purview of United States
1079	1079	33.3Code, title 49, section 60.
1080	1080	33.4 (b) Except as prohibited by applicable provisions of the United States Code, inmates of
1081	1081	33.5state correctional institutions may be employed in the manufacture and processing of goods,
1082	1082	33.6wares and merchandise for introduction into interstate commerce, provided that they are
1083	1083	33.7paid no less than the prevailing minimum wages for work of a similar nature performed by
1084	1084	33.8employees with similar skills in the locality in which the work is being performed.
1085	1085	33.9 Under rules (c) As prescribed by the commissioner of corrections, a portion of the wages
1086	1086	33.10of each inmate employed as authorized by this subdivision, in an amount to be determined
1087	1087	33.11by the commissioner, shall be set aside and kept by the chief executive officer of the facility
1088	1088	33.12in the public welfare fund of the state for the benefit of the inmate and for the purpose of
1089	1089	33.13assisting the inmate when leaving the facility on conditional release or by final discharge.
1090	1090	33.14Any portion remaining undisbursed at the time of the inmate's final discharge shall be given
1091	1091	33.15to the inmate upon final discharge.
1092	1092	33.16Sec. 16. Minnesota Statutes 2024, section 243.88, subdivision 5, is amended to read:
1093	1093	33.17 Subd. 5.Deductions.Notwithstanding any other law to the contrary, any compensation
1094	1094	33.18paid to inmates under this section is subject to section 243.23, subdivisions 2 and 3, and
1095	1095	33.19rules policy of the commissioner of corrections.
1096	1096	33.20Sec. 17. Minnesota Statutes 2024, section 243.88, is amended by adding a subdivision to
1097	1097	33.21read:
1098	1098	33.22 Subd. 6.Exempt from rulemaking.A commissioner prescription or policy under this
1099	1099	33.23section is not a rule under chapter 14 and is exempt from the rulemaking provisions under
1100	1100	33.24chapter 14, including section 14.386.
1101	1101	33.25Sec. 18. Minnesota Statutes 2024, section 244.04, subdivision 1, is amended to read:
1102	1102	33.26 Subdivision 1.Reduction of sentence; inmates sentenced for crimes committed
1103	1103	33.27before 1993.(a) Notwithstanding the provisions of section 609.11, subdivision 6, and
1104	1104	33.28Minnesota Statutes 2004, section 609.109, subdivision 1, the term of imprisonment of any
1105	1105	33.29inmate sentenced to a presumptive fixed sentence after May 1, 1980, and whose crime was
1106	1106	33.30committed before August 1, 1993, shall be reduced in duration by one day for each two
1107	1107	33.31days during which the inmate violates none of the disciplinary offense rules promulgated
1108	1108	33.32adopted by the commissioner. The reduction shall accrue to the period of supervised release
1109	1109	33Article 4 Sec. 18.
1110	1110	25-01993 as introduced02/05/25 REVISOR KLL/HL 34.1to be served by the inmate, except that the period of supervised release for a sex offender
1111	1111	34.2conditionally released by the commissioner under section 609.3455 is governed by that
1112	1112	34.3provision.
1113	1113	34.4 (b) Except as otherwise provided in subdivision 2, if an inmate whose crime was
1114	1114	34.5committed before August 1, 1993, violates a disciplinary offense rule promulgated by the
1115	1115	34.6commissioner, good time earned prior to the violation may not be taken away, but the inmate
1116	1116	34.7may be required to serve an appropriate portion of the term of imprisonment after the
1117	1117	34.8violation without earning good time.
1118	1118	34.9 Sec. 19. Minnesota Statutes 2024, section 244.04, subdivision 2, is amended to read:
1119	1119	34.10 Subd. 2.Loss of good time.By May 1, 1980, The commissioner shall promulgate rules
1120	1120	34.11must adopt policy specifying disciplinary offenses which that may result in the loss of good
1121	1121	34.12time and the amount of good time which that may be lost as a result of each disciplinary
1122	1122	34.13offense, including provision for restoration of good time. In no case shall an individual
1123	1123	34.14disciplinary offense result in the loss of more than 90 days of good time; except that no
1124	1124	34.15inmate confined in segregation for violation of a disciplinary rule shall be placed on
1125	1125	34.16supervised release until discharged or released from punitive segregation confinement, nor
1126	1126	34.17shall an inmate in segregation for violation of a disciplinary rule for which the inmate could
1127	1127	34.18also be prosecuted under the criminal laws earn good time while in segregation. The loss
1128	1128	34.19of good time shall be considered to be a disciplinary sanction imposed upon an inmate, and
1129	1129	34.20the procedure for the loss of good time and the rights of the inmate in the procedure shall
1130	1130	34.21be those in effect for the imposition of other disciplinary sanctions at each state correctional
1131	1131	34.22institution.
1132	1132	34.23Sec. 20. Minnesota Statutes 2024, section 244.04, is amended by adding a subdivision to
1133	1133	34.24read:
1134	1134	34.25 Subd. 4.Exempt from rulemaking.A commissioner policy or disciplinary rule under
1135	1135	34.26this section is not a rule under chapter 14 and is exempt from the rulemaking provisions
1136	1136	34.27under chapter 14, including section 14.386.
1137	1137	34.28Sec. 21. Minnesota Statutes 2024, section 244.05, subdivision 1b, is amended to read:
1138	1138	34.29 Subd. 1b.Supervised release; inmates who commit crimes on or after August 1,
1139	1139	34.301993.(a) Except as provided in subdivisions 4, 4a, and 5, every inmate sentenced to prison
1140	1140	34.31for a felony offense committed on or after August 1, 1993, shall serve a supervised release
1141	1141	34.32term upon completion of the inmate's term of imprisonment and any disciplinary confinement
1142	1142	34Article 4 Sec. 21.
1143	1143	25-01993 as introduced02/05/25 REVISOR KLL/HL 35.1period imposed by the commissioner due to the inmate's violation of any disciplinary rule
1144	1144	35.2adopted by the commissioner or refusal to participate in a rehabilitative program required
1145	1145	35.3under section 244.03. The amount of time the inmate serves on supervised release is equal
1146	1146	35.4to one-third of the inmate's fixed executed sentence, less any disciplinary confinement period
1147	1147	35.5imposed by the commissioner and regardless of any earned incentive release credit applied
1148	1148	35.6toward the individual's term of imprisonment under section 244.44.
1149	1149	35.7 (b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
1150	1150	35.8program as required under section 244.03 shall be placed on supervised release until the
1151	1151	35.9inmate has served the disciplinary confinement period for that disciplinary sanction or until
1152	1152	35.10the inmate is discharged or released from punitive restrictive-housing confinement, whichever
1153	1153	35.11is later. The imposition of a disciplinary confinement period shall be considered to be a
1154	1154	35.12disciplinary sanction imposed upon an inmate, and the procedure for imposing the
1155	1155	35.13disciplinary confinement period and the rights of the inmate in the procedure shall be those
1156	1156	35.14in effect for the imposition of other disciplinary sanctions at each state correctional institution.
1157	1157	35.15 (c) A disciplinary rule under this subdivision is not a rule under chapter 14 and is exempt
1158	1158	35.16from the rulemaking provisions under chapter 14, including section 14.386.
1159	1159	35.17 (c) (d) For purposes of this subdivision, "earned incentive release credit" has the meaning
1160	1160	35.18given in section 244.41, subdivision 7.
1161	1161	35.19Sec. 22. Minnesota Statutes 2024, section 244.05, subdivision 2, is amended to read:
1162	1162	35.20 Subd. 2.Rules Policy.(a) The commissioner of corrections shall must adopt by rule
1163	1163	35.21standards and procedures policies for the establishment of:
1164	1164	35.22 (1) establishing conditions of release and the revocation of;
1165	1165	35.23 (2) revoking supervised or conditional release, and shall specify the period of revocation
1166	1166	35.24for each violation of release. Procedures for the revocation of release shall provide due
1167	1167	35.25process of law for the inmate. including revocation procedures that must provide for due
1168	1168	35.26process of law for the offender;
1169	1169	35.27 (3) assigning terms of reimprisonment for release violations; and
1170	1170	35.28 (4) extending terms of reimprisonment due to violations of disciplinary rules or other
1171	1171	35.29factors specified in policy relating to community supervision or public safety.
1172	1172	35.30 (b) In no case may a term of reimprisonment exceed 12 months unless:
1173	1173	35.31 (1) the release violation involved a conviction for a felony offense;
1174	1174	35.32 (2) the commissioner finds the releasee to be a risk to the public; or
1175	1175	35Article 4 Sec. 22.
1176	1176	25-01993 as introduced02/05/25 REVISOR KLL/HL 36.1 (3) the commissioner finds the releasee to be unamenable to supervision due to one or
1177	1177	36.2more prior violations of the conditions of release.
1178	1178	36.3 (b) (c) The commissioner may prohibit an inmate placed on parole, supervised release,
1179	1179	36.4or conditional release from using adult-use cannabis flower as defined in section 342.01,
1180	1180	36.5subdivision 3, or adult-use cannabis products as defined in section 342.01, subdivision 3,
1181	1181	36.6hemp-derived consumer products as defined in section 342.01, subdivision 35, or
1182	1182	36.7lower-potency hemp edibles as defined in section 342.01, subdivision 48, if the inmate
1183	1183	36.8undergoes a chemical use assessment and abstinence is consistent with a recommended
1184	1184	36.9level of care for the defendant in accordance with the criteria under section 254B.04,
1185	1185	36.10subdivision 4.
1186	1186	36.11 (c) (d) The commissioner of corrections shall not prohibit an inmate placed on parole,
1187	1187	36.12supervised release, or conditional release from participating in the registry program as
1188	1188	36.13defined in section 342.01, subdivision 61, as a condition of release or revoke a patient's
1189	1189	36.14parole, supervised release, or conditional release or otherwise sanction a patient on parole,
1190	1190	36.15supervised release, or conditional release solely for participating in the registry program or
1191	1191	36.16for a positive drug test for cannabis components or metabolites.
1192	1192	36.17 (e) A commissioner policy or disciplinary rule under this subdivision is not a rule under
1193	1193	36.18chapter 14 and is exempt from the rulemaking provisions under chapter 14, including section
1194	1194	36.1914.386.
1195	1195	36.20Sec. 23. Minnesota Statutes 2024, section 244.0513, subdivision 1, is amended to read:
1196	1196	36.21 Subdivision 1.Conditional release authority.The commissioner of corrections has
1197	1197	36.22the authority to release offenders committed to the commissioner's custody who meet the
1198	1198	36.23requirements of this section and of any rules policy adopted by the commissioner. A
1199	1199	36.24commissioner policy under this section is not a rule under chapter 14 and is exempt from
1200	1200	36.25the rulemaking provisions under chapter 14, including section 14.386.
1201	1201	36.26Sec. 24. Minnesota Statutes 2024, section 244.0513, subdivision 7, is amended to read:
1202	1202	36.27 Subd. 7.Release procedures.The commissioner may deny conditional release to an
1203	1203	36.28offender under this section if the commissioner determines that the offender's release may
1204	1204	36.29reasonably pose a danger to the public or an individual. In making this determination, the
1205	1205	36.30commissioner shall must follow the procedures in section 244.05, subdivision 5, and the
1206	1206	36.31rules adopted by the commissioner under that subdivision policy thereunder. The
1207	1207	36.32commissioner shall consider whether the offender was involved in criminal gang activity
1208	1208	36.33during the offender's prison term. The commissioner shall also consider the offender's
1209	1209	36Article 4 Sec. 24.
1210	1210	25-01993 as introduced02/05/25 REVISOR KLL/HL 37.1custody classification and level of risk of violence and the availability of appropriate
1211	1211	37.2community supervision for the offender. Conditional release granted under this section
1212	1212	37.3continues until the offender's sentence expires, unless release is rescinded under subdivision
1213	1213	37.48. The commissioner may not grant conditional release unless a release plan is in place for
1214	1214	37.5the offender that addresses, at a minimum, plans for aftercare, community-based substance
1215	1215	37.6use disorder treatment, gaining employment, and securing housing.
1216	1216	37.7 Sec. 25. Minnesota Statutes 2024, section 244.0513, subdivision 8, is amended to read:
1217	1217	37.8 Subd. 8.Conditional release.The conditions of release granted under this section are
1218	1218	37.9governed by the statutes and rules policy governing supervised release under this chapter,
1219	1219	37.10except that release may be rescinded without hearing by the commissioner if the
1220	1220	37.11commissioner determines that continuation of the conditional release poses a danger to the
1221	1221	37.12public or to an individual. If the commissioner rescinds an offender's conditional release,
1222	1222	37.13the offender shall be returned to prison and shall serve the remaining portion of the offender's
1223	1223	37.14sentence.
1224	1224	37.15Sec. 26. Minnesota Statutes 2024, section 244.07, subdivision 1, is amended to read:
1225	1225	37.16 Subdivision 1.Authority.If consistent with the public interest, the commissioner may,
1226	1226	37.17under rules prescribed by the commissioner, furlough any inmate in custody to any point
1227	1227	37.18within the state for up to five days. A furlough may be granted to assist the inmate with
1228	1228	37.19family needs, personal health needs, or reintegration into society. No inmate may receive
1229	1229	37.20more than three furloughs under this section within any 12-month period. The provisions
1230	1230	37.21of This section shall also apply applies to those inmates convicted of offenses prior to before
1231	1231	37.22May 1, 1980.
1232	1232	37.23Sec. 27. Minnesota Statutes 2024, section 244.07, is amended by adding a subdivision to
1233	1233	37.24read:
1234	1234	37.25 Subd. 3.Exempt from rulemaking.A commissioner determination under this section
1235	1235	37.26is not a rule under chapter 14 and is exempt from the rulemaking provisions under chapter
1236	1236	37.2714, including section 14.386.
1237	1237	37.28Sec. 28. Minnesota Statutes 2024, section 244.13, subdivision 1, is amended to read:
1238	1238	37.29 Subdivision 1.Establishment.The commissioner of corrections shall establish programs
1239	1239	37.30for those designated by the commissioner to serve all or part of a sentence on intensive
1240	1240	37.31community supervision or all or part of a supervised release or parole term on intensive
1241	1241	37Article 4 Sec. 28.
1242	1242	25-01993 as introduced02/05/25 REVISOR KLL/HL 38.1supervised release. The adoption and modification of policies and procedures to implement
1243	1243	38.2sections 244.05, subdivision 6, and 244.12 to 244.15 and 244.13 are not subject to the
1244	1244	38.3rulemaking procedures of chapter 14 because these policies and procedures are excluded
1245	1245	38.4from the definition of a rule under section 14.03, subdivision 3, paragraph (b), clause (1),
1246	1246	38.5including section 14.386. The commissioner shall locate the programs so that at least one-half
1247	1247	38.6of the money appropriated for the programs in each year is used for programs in Community
1248	1248	38.7Corrections Act counties. In awarding contracts for intensive supervision programs in
1249	1249	38.8Community Corrections Act counties, the commissioner shall give first priority to programs
1250	1250	38.9that utilize county employees as intensive supervision agents and shall give second priority
1251	1251	38.10to programs that utilize state employees as intensive supervision agents. The commissioner
1252	1252	38.11may award contracts to other providers in Community Corrections Act counties only if
1253	1253	38.12doing so will result in a significant cost savings or a significant increase in the quality of
1254	1254	38.13services provided, and only after notifying the chairs of the committees in the senate and
1255	1255	38.14house of representatives with jurisdiction over criminal justice policy.
1256	1256	38.15Sec. 29. Minnesota Statutes 2024, section 244.171, subdivision 4, is amended to read:
1257	1257	38.16 Subd. 4.Sanctions.(a) The commissioner shall impose severe and meaningful sanctions
1258	1258	38.17for violating the conditions of the challenge incarceration program. The commissioner shall
1259	1259	38.18remove an offender from the challenge incarceration program if the offender:
1260	1260	38.19 (1) commits a material violation of or repeatedly fails to follow the rules of the program;
1261	1261	38.20 (2) commits any misdemeanor, gross misdemeanor, or felony offense; or
1262	1262	38.21 (3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of
1263	1263	38.22alcohol or controlled substances. The removal of an offender from the challenge incarceration
1264	1264	38.23program is governed by the procedures in the commissioner's rules adopted policy under
1265	1265	38.24section 244.05, subdivision 2.
1266	1266	38.25 (b) An offender who is removed from the challenge incarceration program shall be
1267	1267	38.26imprisoned for a time period equal to the offender's term of imprisonment, minus earned
1268	1268	38.27good time if any, but in no case for longer than the time remaining in the offender's sentence.
1269	1269	38.28"Term of imprisonment" means a time period equal to two-thirds of the sentence originally
1270	1270	38.29executed by the sentencing court, minus jail credit, if any.
1271	1271	38.30 (c) Notwithstanding paragraph (b), an offender who has been removed from the challenge
1272	1272	38.31incarceration program but who remains otherwise eligible for acceptance into the program
1273	1273	38.32may be readmitted at the commissioner's discretion. An offender readmitted to the program
1274	1274	38Article 4 Sec. 29.
1275	1275	25-01993 as introduced02/05/25 REVISOR KLL/HL 39.1under this paragraph must participate from the beginning and complete all of the program's
1276	1276	39.2phases.
1277	1277	39.3 Sec. 30. Minnesota Statutes 2024, section 244.19, subdivision 1c, is amended to read:
1278	1278	39.4 Subd. 1c.Community supervision funding; eligibility for funding formula.(a) A
1279	1279	39.5CPO jurisdiction:
1280	1280	39.6 (1) must collaborate with the commissioner to develop a comprehensive plan under
1281	1281	39.7section 401.06; and
1282	1282	39.8 (2) is subject to all applicable eligibility provisions under chapter 401 necessary to
1283	1283	39.9receive a subsidy under section 401.10.
1284	1284	39.10 (b) A non-CPO jurisdiction is eligible to receive a subsidy under section 401.10 but is
1285	1285	39.11not a Community Corrections Act jurisdiction under chapter 401, and. Except as provided
1286	1286	39.12under section 401.115, the commissioner:
1287	1287	39.13 (1) is appropriated the jurisdiction's share of funding under section 401.10 for providing
1288	1288	39.14probation services; and
1289	1289	39.15 (2) may seek reimbursement from the jurisdiction according to subdivision 5a.
1290	1290	39.16Sec. 31. Minnesota Statutes 2024, section 244.20, is amended to read:
1291	1291	39.17 244.20 PROBATION; FELONY SUPERVISION.
1292	1292	39.18 (a) Notwithstanding sections 244.19, subdivisions 1 to 1d, and 609.135, subdivision 1,
1293	1293	39.19the Department of Corrections:
1294	1294	39.20 (1) has exclusive responsibility for providing probation services for adult felons in
1295	1295	39.21counties and Tribal Nations that do not take part in the Community Corrections Act subsidy
1296	1296	39.22program under chapter 401; and
1297	1297	39.23 (2) to provide felony supervision, retains the county's or Tribal Nation's funding allotted
1298	1298	39.24under section 401.10 for providing felony probation services.
1299	1299	39.25 (b) Paragraph (a), clause (2), does not apply to a Tribal Nation's subsidy under section
1300	1300	39.26401.115.
1301	1301	39.27Sec. 32. Minnesota Statutes 2024, section 401.01, subdivision 2, is amended to read:
1302	1302	39.28 Subd. 2.Definitions.(a) For purposes of this chapter, the terms defined in this subdivision
1303	1303	39.29have the meanings given them.
1304	1304	39Article 4 Sec. 32.
1305	1305	25-01993 as introduced02/05/25 REVISOR KLL/HL 40.1 (b) "CCA jurisdiction" means a county or Tribal Nation that participates in the
1306	1306	40.2Community Corrections Act, the subsidy program under this chapter.
1307	1307	40.3 (c) "Commissioner" means the commissioner of corrections or a designee.
1308	1308	40.4 (d) "Conditional release" means:
1309	1309	40.5 (1) parole, supervised release, or conditional release as authorized by section 609.3455,
1310	1310	40.6subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota
1311	1311	40.7Statutes 2004, section 609.109, subdivision 7;
1312	1312	40.8 (2) work release as authorized by sections 241.26, 244.065, and 631.425; and
1313	1313	40.9 (3) probation, furlough, and any other authorized temporary release from a correctional
1314	1314	40.10facility.
1315	1315	40.11 (e) "Detain" means to take into actual custody, including custody within a local
1316	1316	40.12correctional facility.
1317	1317	40.13 (f) "Joint board" means the board under section 471.59.
1318	1318	40.14 (g) "Local advisory board" means:
1319	1319	40.15 (1) for a CCA jurisdiction, a corrections advisory board as defined in section 401.08;
1320	1320	40.16 (2) for a non-CCA jurisdiction other than a Tribal Nation, a human services advisory
1321	1321	40.17board as defined in section 402.02, or advisory committee or task force as defined in section
1322	1322	40.18402.03; or
1323	1323	40.19 (3) for a Tribal Nation that is a non-CCA jurisdiction, a board with membership as
1324	1324	40.20determined by the Tribal Nation.
1325	1325	40.21 (h) "Non-CCA jurisdiction" means a county or Tribal Nation that is not participating in
1326	1326	40.22the Community Corrections Act subsidy program and provides or receives probation services
1327	1327	40.23according to section 244.19.
1328	1328	40.24 (i) "Probation officer" means a county or Tribal probation officer under a CCA or
1329	1329	40.25non-CCA jurisdiction appointed with the powers under section 244.19.
1330	1330	40.26 (j) "Release" means to release from actual custody.
1331	1331	40.27 (k) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries
1332	1332	40.28of the state of Minnesota.
1333	1333	40Article 4 Sec. 32.
1334	1334	25-01993 as introduced02/05/25 REVISOR KLL/HL 41.1 Sec. 33. Minnesota Statutes 2024, section 401.03, is amended to read:
1335	1335	41.2 401.03 RULEMAKING AUTHORITY; TECHNICAL ASSISTANCE.
1336	1336	41.3 (a) The commissioner must, as provided in chapter 14, adopt rules to implement this
1337	1337	41.4chapter and provide consultation and technical assistance to counties and Tribal Nations to
1338	1338	41.5help them develop comprehensive plans, including abbreviated plans.
1339	1339	41.6 (b) The time limit to adopt rules under section 14.125 does not apply.
1340	1340	41.7 Sec. 34. Minnesota Statutes 2024, section 401.06, is amended by adding a subdivision to
1341	1341	41.8read:
1342	1342	41.9 Subd. 1a.Commissioner approval required for allotment.A Tribal Nation is ineligible
1343	1343	41.10for its allotment under section 401.10, subdivision 1, paragraph (e), unless an abbreviated
1344	1344	41.11comprehensive plan has been approved by the commissioner. The abbreviated plan must
1345	1345	41.12at a minimum describe the community supervision services or reentry services for which
1346	1346	41.13the funding will be utilized and provide a budget for those services.
1347	1347	41.14Sec. 35. Minnesota Statutes 2024, section 401.10, subdivision 1, is amended to read:
1348	1348	41.15 Subdivision 1.Community supervision funding formula.(a) Beginning July 1, 2023,
1349	1349	41.16the community supervision subsidy paid to each county, the commissioner for supervision
1350	1350	41.17of non-CCA jurisdictions served by the Department of Corrections, and each applicable
1351	1351	41.18Tribal Nation under paragraph (e) providing services as a CCA jurisdiction or CPO
1352	1352	41.19jurisdiction as defined in section 244.19, subdivision 1a, paragraph (b), equals the sum of:
1353	1353	41.20 (1) a base funding amount equal to $150,000; and
1354	1354	41.21 (2) a community supervision formula equal to the sum of:
1355	1355	41.22 (i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied
1356	1356	41.23by the sum of the county's or Tribal Nation's adult felony population, adult supervised
1357	1357	41.24release and parole populations, and juvenile supervised release and parole populations as
1358	1358	41.25reported in the most recent probation survey published by the commissioner, multiplied by
1359	1359	41.26365; and
1360	1360	41.27 (ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under
1361	1361	41.28juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied
1362	1362	41.29by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile
1363	1363	41.30populations as reported in the most recent probation survey published by the commissioner,
1364	1364	41.31multiplied by 365.
1365	1365	41Article 4 Sec. 35.
1366	1366	25-01993 as introduced02/05/25 REVISOR KLL/HL 42.1 (b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or
1367	1367	42.2(c), the base funding amount must be shared equally between the jurisdiction and the
1368	1368	42.3commissioner for the provision of felony supervision under section 244.20.
1369	1369	42.4 (c) If in any year the total amount appropriated for the purpose of this section is more
1370	1370	42.5than or less than the total of base funding plus community supervision formula funding for
1371	1371	42.6all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal
1372	1372	42.7Nation's base funding plus community supervision formula funding is adjusted by the ratio
1373	1373	42.8of amounts appropriated for this purpose divided by the total of base funding plus community
1374	1374	42.9supervision formula funding for all counties and applicable Tribal Nations.
1375	1375	42.10 (d) If in any year the base funding plus the community supervision formula amount
1376	1376	42.11based on what was appropriated in fiscal year 2024 is less than the funding paid to the
1377	1377	42.12county in fiscal year 2023, the difference is added to the community supervision formula
1378	1378	42.13amount for that county. A county is not eligible for additional funding under this paragraph
1379	1379	42.14unless the base funding plus community supervision formula results in an increase in funding
1380	1380	42.15for the county based on what was appropriated in the previous fiscal year. This paragraph
1381	1381	42.16expires June 30, 2029.
1382	1382	42.17 (e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase
1383	1383	42.18probation services or probation-related services, including contracted services, but a Tribal
1384	1384	42.19Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
1385	1385	42.20subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to
1386	1386	42.21(c) and:
1387	1387	42.22 (1) has the Tribal Nation's funding amount of $250,000 transferred to the total community
1388	1388	42.23supervision subsidy amount appropriated for the purposes of this section; and
1389	1389	42.24 (2) is allotted a base funding amount equal to $150,000 plus an amount as determined
1390	1390	42.25according to the community supervision formula under paragraph (a), clause (2).
1391	1391	42.26 (f) (e) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,
1392	1392	42.27subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction
1393	1393	42.28served by the Department of Corrections by dividing the three-year average of the number
1394	1394	42.29of individuals on supervised release and intensive supervised release within the jurisdiction
1395	1395	42.30by the three-year average of the total number of individuals under supervised release and
1396	1396	42.31intensive supervised release statewide, using the numbers reported annually in the Probation
1397	1397	42.32Survey report.
1398	1398	42Article 4 Sec. 35.
1399	1399	25-01993 as introduced02/05/25 REVISOR KLL/HL 43.1 Sec. 36. Minnesota Statutes 2024, section 401.10, is amended by adding a subdivision to
1400	1400	43.2read:
1401	1401	43.3 Subd. 1a.Interstate Transfer Unit.Prior to disbursing the community supervision
1402	1402	43.4subsidy in subdivision 1, the commissioner shall prorate the cost of the Interstate Transfer
1403	1403	43.5Unit based upon the county's share of the probation population as reported in the most recent
1404	1404	43.6probation survey and deduct that amount from the county's subsidy.
1405	1405	43.7 Sec. 37. Minnesota Statutes 2024, section 401.11, subdivision 1, is amended to read:
1406	1406	43.8 Subdivision 1.Policy items.(a) Except for an abbreviated comprehensive plan submitted
1407	1407	43.9under section 401.115, a comprehensive plan submitted to the commissioner for approval
1408	1408	43.10under section 401.06 must include items prescribed by commissioner policy and may include
1409	1409	43.11the following:
1410	1410	43.12 (1) the manner in which presentence and postsentence investigations and reports for the
1411	1411	43.13district courts and social history reports for the juvenile courts will be made;
1412	1412	43.14 (2) the manner in which conditional release services to the courts and persons under
1413	1413	43.15jurisdiction of the commissioner will be provided;
1414	1414	43.16 (3) a program for detaining, supervising, and treating persons under pretrial detention
1415	1415	43.17or under commitment;
1416	1416	43.18 (4) delivery of other correctional services;
1417	1417	43.19 (5) proposals for new programs, which proposals must demonstrate a need for the
1418	1418	43.20program, and the program's purpose, objective, administrative structure, staffing pattern,
1419	1419	43.21staff training, financing, evaluation process, degree of community involvement, client
1420	1420	43.22participation, and duration;
1421	1421	43.23 (6) descriptions of programs that adhere to best practices for assessing risk and using
1422	1422	43.24interventions that address an individual's needs while tailoring supervision and interventions
1423	1423	43.25by using risk, need, and responsivity principles; and
1424	1424	43.26 (7) data on expenditures, costs, and programming results and outcomes for individuals
1425	1425	43.27under community supervision.
1426	1426	43.28 (b) The commissioner must develop in policy budgetary requirements for comprehensive
1427	1427	43.29plans to ensure the efficient and accountable expenditure of a county's or Tribal Nation's
1428	1428	43.30subsidy for correctional services and programming to produce successful community
1429	1429	43.31supervision outcomes.
1430	1430	43Article 4 Sec. 37.
1431	1431	25-01993 as introduced02/05/25 REVISOR KLL/HL 44.1 Sec. 38. [401.115] NONPARTICIPATING TRIBAL NATIONS.
1432	1432	44.2 Subdivision 1.Subsidy amount.A Tribal Nation electing not to provide services as a
1433	1433	44.3CCA jurisdiction or a CPO jurisdiction under section 244.19, subdivision 1a, paragraph (b),
1434	1434	44.4is eligible for a subsidy of $250,000 annually to purchase or provide community supervision
1435	1435	44.5services or reentry services, including contracted services.
1436	1436	44.6 Subd. 2.Eligibility for subsidy.A Tribal Nation is eligible to receive funding under
1437	1437	44.7subdivision 1 upon submission and approval by the commissioner of an abbreviated
1438	1438	44.8comprehensive plan. Section 401.08 does not apply. The abbreviated plan must comply
1439	1439	44.9with commissioner-developed standards, and at minimum:
1440	1440	44.10 (1) describe the community supervision services or reentry services for which the funding
1441	1441	44.11will be utilized;
1442	1442	44.12 (2) identify a steering committee to oversee the use of funds; and
1443	1443	44.13 (3) provide a budget for those services.
1444	1444	44.14Once approved, the abbreviated comprehensive plan is valid for two years.
1445	1445	44.15 Subd. 3.Paying subsidy.A Tribal Nation receiving the subsidy under subdivision 1
1446	1446	44.16must be paid according to section 401.14.
1447	1447	44.17 Subd. 4.Eligibility for community supervision funding formula.A Tribal Nation
1448	1448	44.18electing to become a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
1449	1449	44.19subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under section 401.10,
1450	1450	44.20subdivision 1, paragraphs (a) to (c), and:
1451	1451	44.21 (1) has the Tribal Nation's funding amount under subdivision 1 transferred to the
1452	1452	44.22community supervision formula amount appropriated for the purpose of section 401.10;
1453	1453	44.23 (2) is allotted a base funding amount equal to $150,000 plus an amount as determined
1454	1454	44.24according to the community supervision formula under section 401.10, subdivision 1,
1455	1455	44.25paragraph (a), clause (2); and
1456	1456	44.26 (3) is subject to all requirements relating to providing correctional services in section
1457	1457	44.27244.19 and chapter 401.
1458	1458	44.28Sec. 39. Minnesota Statutes 2024, section 401.12, subdivision 2, is amended to read:
1459	1459	44.29 Subd. 2.Not expending full subsidy amount.If a county or Tribal Nation is unable to
1460	1460	44.30expend the full amount of the subsidy or allotment to which it would be entitled in the first
1461	1461	44.31year of a biennium, the commissioner must:
1462	1462	44Article 4 Sec. 39.
1463	1463	25-01993 as introduced02/05/25 REVISOR KLL/HL 45.1 (1) retain the surplus; and
1464	1464	45.2 (2) disburse the surplus in the second year of the biennium if the county or Tribal Nation
1465	1465	45.3can demonstrate a need for and ability to expend the surplus.
1466	1466	45.4 Sec. 40. Minnesota Statutes 2024, section 401.14, subdivision 1, is amended to read:
1467	1467	45.5 Subdivision 1.Payment.After a county or Tribal Nation becomes compliant with the
1468	1468	45.6prerequisites for receiving the subsidy or allotment under section 401.10 and the
1469	1469	45.7commissioner approves the applicable comprehensive plan, the commissioner must determine
1470	1470	45.8whether funds exist to pay the subsidy or allotment and proceed to pay it in accordance with
1471	1471	45.9applicable law.
1472	1472	45.10Sec. 41. Minnesota Statutes 2024, section 609.105, subdivision 2, is amended to read:
1473	1473	45.11 Subd. 2.Place of confinement.(a) The commissioner of corrections shall determine
1474	1474	45.12the place of confinement in a prison, reformatory, or other facility of the Department of
1475	1475	45.13Corrections established by law for the confinement of convicted persons and prescribe
1476	1476	45.14reasonable conditions and rules for their employment, conduct, instruction, and discipline
1477	1477	45.15within or without the facility. When the remaining term of imprisonment for a convicted
1478	1478	45.16person upon commitment is 90 days or less, the commissioner of corrections may contract
1479	1479	45.17with a county for placement of the person in a county jail or detention center for the
1480	1480	45.18remainder of the person's term.
1481	1481	45.19 (b) A commissioner determination, prescription, or policy rule under this section is not
1482	1482	45.20a rule under chapter 14 and is exempt from the rulemaking provisions under chapter 14,
1483	1483	45.21including section 14.386.
1484	1484	45.22Sec. 42. Minnesota Statutes 2024, section 609.495, subdivision 1, is amended to read:
1485	1485	45.23 Subdivision 1.Definition of crime.(a) Whoever harbors, conceals, aids, or assists by
1486	1486	45.24word or acts another whom the actor knows or has reason to know has committed a crime
1487	1487	45.25under the laws of this or another state or of the United States with intent that such offender
1488	1488	45.26shall avoid or escape from arrest, trial, conviction, or punishment, may be sentenced to
1489	1489	45.27imprisonment for not more than three years or to payment of a fine of not more than $5,000,
1490	1490	45.28or both if the crime committed or attempted by the other person is a felony.
1491	1491	45.29 (b) Whoever knowingly harbors, conceals, or aids a person who is on probation, parole,
1492	1492	45.30or supervised release because of a felony level conviction and for whom an arrest and
1493	1493	45.31detention order has been issued, with intent that the person evade or escape being taken into
1494	1494	45.32custody under the order, may be sentenced to imprisonment for not more than three years
1495	1495	45Article 4 Sec. 42.
1496	1496	25-01993 as introduced02/05/25 REVISOR KLL/HL 46.1or to payment of a fine of not more than $5,000, or both. As used in this paragraph, "arrest
1497	1497	46.2and detention order" means a written order to take and detain a probationer, parolee, or
1498	1498	46.3supervised releasee that is issued under section 243.05, subdivision 1; 244.195 243.051;
1499	1499	46.4244.1951; or 401.025.
1500	1500	46.5 Sec. 43. Minnesota Statutes 2024, section 609.78, subdivision 2c, is amended to read:
1501	1501	46.6 Subd. 2c.Felony offense; reporting fictitious emergency resulting in response to
1502	1502	46.7the home of certain officials.Whoever violates subdivision 2, clause (2), is guilty of a
1503	1503	46.8felony and may be sentenced to imprisonment for not more than one year or to payment of
1504	1504	46.9a fine of not more than $5,000, or both, if the person places the call with the intent of
1505	1505	46.10prompting an emergency response to the home of:
1506	1506	46.11 (1) an elected official;
1507	1507	46.12 (2) a judge as defined in section 609.221, subdivision 6, clause (5);
1508	1508	46.13 (3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4);
1509	1509	46.14 (4) an employee of a correctional facility as defined in section 241.021, subdivision 1i
1510	1510	46.15a correctional employee of the state or a local political subdivision; or
1511	1511	46.16 (5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c).
1512	1512	46.17Sec. 44. Laws 2023, chapter 52, article 11, section 31, is amended to read:
1513	1513	46.18Sec. 31. MENTAL HEALTH UNIT PILOT PROGRAM.
1514	1514	46.19 (a) The commissioner of corrections shall establish a pilot program with interested
1515	1515	46.20counties to provide mental health care to individuals with serious and persistent mental
1516	1516	46.21illness who are incarcerated in county jails. The pilot program must require the participating
1517	1517	46.22counties to pay according to Minnesota Statutes, section 243.51, a per diem for
1518	1518	46.23reimbursement of the Mental Health Unit at the Minnesota Correctional Facility - Oak Park
1519	1519	46.24Heights, and other costs incurred by the Department of Corrections.
1520	1520	46.25 (b) The commissioner in consultation with the Minnesota Sheriffs' Association shall
1521	1521	46.26develop program protocols, guidelines, and procedures and qualifications for participating
1522	1522	46.27counties and incarcerated individuals to be treated in the Mental Health Unit. The program
1523	1523	46.28is limited to a total of five incarcerated individuals from the participating counties at any
1524	1524	46.29one time. Incarcerated individuals must volunteer to be treated in the unit and be able to
1525	1525	46.30participate in programming with other incarcerated individuals. A licensed mental health
1526	1526	46Article 4 Sec. 44.
1527	1527	25-01993 as introduced02/05/25 REVISOR KLL/HL 47.1professional must evaluate the incarcerated individual and recommend the individual to
1528	1528	47.2receive treatment in the unit.
1529	1529	47.3 (c) The Minnesota Correctional Facility - Oak Park Heights warden, director of
1530	1530	47.4psychology, and associate director of behavioral health, or a designee of each, in consultation
1531	1531	47.5with the Minnesota Sheriffs' Association, the Minnesota branch of the National Association
1532	1532	47.6on Mental Illness, and the Department of Human Services, shall oversee the pilot program.
1533	1533	47.7 (d) On November 15, 2024, the warden shall submit a report to the chairs and ranking
1534	1534	47.8minority members of the legislative committees and divisions with jurisdiction over
1535	1535	47.9corrections describing the protocols, guidelines, and procedures for participation in the pilot
1536	1536	47.10program by counties and incarcerated individuals, challenges with staffing, cost sharing
1537	1537	47.11with counties, capacity of the program, services provided to the incarcerated individuals,
1538	1538	47.12program outcomes, concerns regarding the program, and recommendations for the viability
1539	1539	47.13of a long-term program.
1540	1540	47.14 (e) (d) The pilot program expires November 16, 2024 August 1, 2027.
1541	1541	47.15Sec. 45. REPEALER.
1542	1542	47.16 (a) Minnesota Statutes 2024, sections 243.58; and 244.065, subdivision 1, are repealed.
1543	1543	47.17 (b) Minnesota Rules, parts 2940.0100, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14,
1544	1544	47.1816, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, and 34; 2940.0200;
1545	1545	47.192940.0300; 2940.0400; 2940.0500; 2940.0600; 2940.0700; 2940.0800; 2940.0900;
1546	1546	47.202940.1000; 2940.1100; 2940.1200; 2940.1300; 2940.1400; 2940.1500; 2940.1600;
1547	1547	47.212940.1700; 2940.1800; 2940.1900; 2940.2000; 2940.2100; 2940.2200; 2940.2300;
1548	1548	47.222940.2400; 2940.2500; 2940.2600; 2940.2700; 2940.2800; 2940.2900; 2940.3000;
1549	1549	47.232940.3100; 2940.3200; 2940.3300; 2940.3400; 2940.3500; 2940.3600; 2940.3700;
1550	1550	47.242940.3800; 2940.3900; 2940.4000; 2940.4100; 2940.4200; 2940.4300; 2940.4400;
1551	1551	47.252940.4500; and 2940.5700, are repealed.
1552	1552	47Article 4 Sec. 45.
1553	1553	25-01993 as introduced02/05/25 REVISOR KLL/HL Page.Ln 2.2JUDICIARY APPROPRIATIONS.........................................................ARTICLE 1
1554	1554	Page.Ln 3.11PUBLIC SAFETY APPROPRIATIONS................................................ARTICLE 2
1555	1555	Page.Ln 21.5PUBLIC SAFETY POLICY..................................................................ARTICLE 3
1556	1556	Page.Ln 23.1CORRECTIONS POLICY.....................................................................ARTICLE 4
1557	1557	1
1558	1558	APPENDIX
1559	1559	Article locations for 25-01993 243.58 ISSUING WARRANT FOR ESCAPED INMATE OR CONVICTED DEFENDANT.
1560	1560	If an inmate escapes from any state correctional facility under the control of the commissioner
1561	1561	of corrections, the commissioner shall issue a warrant directed to any peace officer requiring that
1562	1562	the fugitive be taken into immediate custody and returned to any state correctional facility designated
1563	1563	by the commissioner. The commissioner may also issue such a warrant when a convicted defendant
1564	1564	fails to report postsentencing to their county authority or to a state correctional facility. The chief
1565	1565	executive officer of the facility from which the escape occurred shall use all proper means to
1566	1566	apprehend and return the escapee, which may include the offer of a reward of not more than $100
1567	1567	to be paid from the state treasury, for information leading to the arrest and return to custody of the
1568	1568	escapee.
1569	1569	244.065 PRIVATE EMPLOYMENT OF INMATES OR SPECIALIZED PROGRAMMING
1570	1570	FOR PREGNANT INMATES OF STATE CORRECTIONAL INSTITUTIONS IN
1571	1571	COMMUNITY .
1572	1572	Subdivision 1.Work.When consistent with the public interest and the public safety, the
1573	1573	commissioner of corrections may conditionally release an inmate to work at paid employment, seek
1574	1574	employment, or participate in a vocational training or educational program, as provided in section
1575	1575	241.26, if the inmate has served at least one half of the term of imprisonment.
1576	1576	1R
1577	1577	APPENDIX
1578	1578	Repealed Minnesota Statutes: 25-01993 2940.0100DEFINITIONS.
1579	1579	Subpart 1.Scope.As used in this chapter, the following terms have the meanings
1580	1580	given them in this part.
1581	1581	Subp. 2.Availability."Availability" means the date on which the offender has made
1582	1582	bail, bond, or has been released on personal recognizance or no bail required; or completed
1583	1583	any local incarceration time which results from a misdemeanor, gross misdemeanor, or
1584	1584	felony stayed sentence.
1585	1585	Subp. 3.Board of Pardons."Board of Pardons" means the Board of Pardons
1586	1586	established by Minnesota Statutes, chapter 638.
1587	1587	Subp. 4.Bookslip."Bookslip" means the form issued by the central office records
1588	1588	clerk which designates the agent of record.
1589	1589	Subp. 5.Case management."Case management" means the total system employed
1590	1590	in the management of an inmate's case, including but not limited to the development of
1591	1591	needs assessments and program plans; conducting progress and reentry reviews; and
1592	1592	developing recommendations for conditions of release.
1593	1593	Subp. 6.Commissioner."Commissioner" means the commissioner of corrections.
1594	1594	Subp. 7.District supervisor."District supervisor" means a Department of Corrections
1595	1595	field supervisor.
1596	1596	Subp. 8.Executive officer of hearings and release."Executive officer of hearings
1597	1597	and release" means the person to whom the commissioner of corrections has delegated the
1598	1598	authority for granting parole and work release; for revoking parole, work release, and
1599	1599	supervised release; and for granting discharge from an indeterminate sentence.
1600	1600	Subp. 9.Expiration of the determinate sentence."Expiration of the determinate
1601	1601	sentence" means the date on which the maximum sentence pronounced by the court occurs.
1602	1602	Subp. 10.Expiration of the indeterminate sentence."Expiration of the indeterminate
1603	1603	sentence" means the date on which the maximum sentence pronounced by the court less
1604	1604	good time reduction occurs.
1605	1605	Subp. 12.Guidelines."Guidelines" mean a sentence under Minnesota sentencing
1606	1606	guidelines.
1607	1607	Subp. 13.Inmate."Inmate" means a person committed to the jurisdiction of the
1608	1608	commissioner who is imprisoned in a correctional facility or other place designated by the
1609	1609	commissioner.
1610	1610	Subp. 14.Institution caseworker."Institution caseworker" means the institution's
1611	1611	staff person assigned the responsibility of coordinating the development of needs assessment,
1612	1612	program plans, progress review, and reentry reviews for those inmates assigned to their
1613	1613	caseloads.
1614	1614	Subp. 16.Near the site."Near the site" means a place not to exceed 50 miles from
1615	1615	the site of the alleged violation.
1616	1616	Subp. 17.Parole."Parole" means that portion of an indeterminate sentence served by
1617	1617	an inmate in the community under supervision and subject to prescribed rules.
1618	1618	Subp. 18.Probable cause."Probable cause" means a finding by a court in an omnibus
1619	1619	hearing or by a hearing officer in a probable cause hearing.
1620	1620	Subp. 19.Probable cause hearing."Probable cause hearing" means a hearing held
1621	1621	to determine if there are reasonable grounds for belief that one or more conditions of release
1622	1622	may have been violated.
1623	1623	Subp. 20.Program review team."Program review team" means a group of Department
1624	1624	of Corrections employees in a correctional facility whose assigned function is to develop
1625	1625	2R
1626	1626	APPENDIX
1627	1627	Repealed Minnesota Rules: 25-01993 needs assessments and program plans and to conduct progress reviews for those inmates
1628	1628	assigned to them.
1629	1629	Subp. 21.Projected release date."Projected release date" means a date in the future
1630	1630	at which an inmate will be released providing the inmate's behavior is satisfactory, the
1631	1631	release date was based on complete and accurate information, and the inmate is not considered
1632	1632	to be a risk to the public at the time of release.
1633	1633	Subp. 22.Projected release plan."Projected release plan" means a proposed plan
1634	1634	for an inmate when released to the community, including a place of residence and
1635	1635	employment as well as any special or standard conditions which may be imposed at the time
1636	1636	of release.
1637	1637	Subp. 23.Public interest."Public interest" means the interest the public has in
1638	1638	maintaining the integrity of legal sanctions and the rights of citizens.
1639	1639	Subp. 24.Public safety."Public safety" means the protection of the public from injury,
1640	1640	danger, and violence.
1641	1641	Subp. 25.Reentry review."Reentry review" means the review which is held in order
1642	1642	to establish conditions of release.
1643	1643	Subp. 26.Releasee."Releasee" means a person on parole, work release, or supervised
1644	1644	release status from a correctional facility who is under sentence to the commissioner.
1645	1645	Subp. 27.Residential community program."Residential community program"
1646	1646	means a structured residential program in the community such as a halfway house, chemical
1647	1647	dependency treatment center, or another treatment program designed to change the behavior
1648	1648	of residents and to protect the public.
1649	1649	Subp. 28.Revocation hearing."Revocation hearing" means a hearing held for the
1650	1650	purpose of determining whether cause exists for the revocation of parole, work release, or
1651	1651	supervised release and for determining whether parole, work release, or supervised release
1652	1652	should be revoked and for setting the term of reimprisonment to be served by the violator.
1653	1653	Subp. 29.Risk to the public."Risk to the public" means the degree to which an
1654	1654	individual is likely to cause injury, damage, loss, pain, or peril to the public or to engage in
1655	1655	unlawful sexual behavior involving a victim.
1656	1656	Subp. 31.Supervised release."Supervised release" means that portion of a determinate
1657	1657	sentence served by an inmate in the community under supervision and subject to prescribed
1658	1658	rules, adopted in accordance with Minnesota Statutes, section 244.05.
1659	1659	Subp. 32.Supervising agent."Supervising agent" means the parole and probation
1660	1660	agent who is assigned to the individual on parole, work release, or supervised release status.
1661	1661	Subp. 33.Working days."Working days" means all working days exclusive of legal
1662	1662	holidays and weekends.
1663	1663	Subp. 34.Work release."Work release" means an extension of confinement in which
1664	1664	inmates are conditionally released to work at gainful employment, seek employment, or
1665	1665	participate in vocational or educational training in the community while serving their sentence
1666	1666	in accordance with Minnesota Statutes, section 241.26.
1667	1667	2940.0200PURPOSE.
1668	1668	The purpose of this chapter is to establish the policies, procedures, rules, regulations,
1669	1669	and guidelines which will govern the operation of the hearings and release unit established
1670	1670	within the Department of Corrections by the commissioner in order to discharge the
1671	1671	responsibilities established by law.
1672	1672	3R
1673	1673	APPENDIX
1674	1674	Repealed Minnesota Rules: 25-01993 2940.0300ADMINISTRATION.
1675	1675	For the purpose of coordinating, monitoring, and assuring uniformity and objectivity
1676	1676	in the decisions of parole, supervised release, and work release, the commissioner has
1677	1677	established the hearings and release unit and appointed an executive officer of hearings and
1678	1678	release. The commissioner has delegated to the executive officer of hearings and release
1679	1679	the authority to grant parole and work release; to revoke parole, work release, and supervised
1680	1680	release; to discharge persons under indeterminate sentences; and to approve the conditions
1681	1681	of parole, work release, and supervised release.
1682	1682	The executive officer of hearings and release shall be independent from the
1683	1683	administration of the institutions and community services division.
1684	1684	One or more Department of Corrections staff approved by the commissioner may assist
1685	1685	the executive officer of hearings and release in carrying out the officer's responsibilities.
1686	1686	2940.0400EXECUTIVE OFFICER OF HEARINGS AND RELEASE.
1687	1687	The executive officer of hearings and release shall have the authority, under the
1688	1688	guidelines prescribed in this chapter, with the exception of those inmates under life sentences,
1689	1689	to:
1690	1690	A.grant parole and work release and discharge inmates with indeterminate
1691	1691	sentences;
1692	1692	B.approve or modify conditions of parole or supervised release as developed by
1693	1693	the program review teams;
1694	1694	C.restructure conditions of parole or supervised release;
1695	1695	D.revoke parole, supervised release, and work release status;
1696	1696	E.issue warrants for the apprehension of parolees, supervised releasees, and work
1697	1697	releasees;
1698	1698	F.authorize the extradition of absconders from parole, supervised release, and
1699	1699	work release; and
1700	1700	G.issue revocation orders to stop time on parolees, supervised releasees, and work
1701	1701	releasees who have absconded and to start the time running on the inmates' sentences.
1702	1702	2940.0500PROGRAM REVIEW TEAMS.
1703	1703	In each adult institution there shall be one or more program review teams appointed
1704	1704	by the institution superintendent or warden. One member of each team shall be designated
1705	1705	as the chair.
1706	1706	2940.0600TEAM FUNCTIONS.
1707	1707	A program review team shall perform the following functions regarding each inmate:
1708	1708	A.develop a needs assessment;
1709	1709	B.develop a program plan;
1710	1710	C.develop projected release plans;
1711	1711	D.develop institutional transfer recommendations;
1712	1712	E.develop recommendations for work release for prerelease purposes;
1713	1713	F.develop recommendations for work release;
1714	1714	G.conduct program plan progress reviews at least once every 12 months;
1715	1715	H.modify needs assessment or program plans as required;
1716	1716	4R
1717	1717	APPENDIX
1718	1718	Repealed Minnesota Rules: 25-01993 I.develop conditions of parole or supervised release jointly with the inmate's
1719	1719	assigned field agent; and
1720	1720	J.conduct reentry reviews.
1721	1721	2940.0700PLANS.
1722	1722	All needs assessments, program, and projected release plans must be in writing and the
1723	1723	central office file copy must be forwarded to the hearings and release unit for informational
1724	1724	purposes. All conditions of parole or supervised release shall be imposed by the executive
1725	1725	officer of hearings and release.
1726	1726	2940.0800NEEDS ASSESSMENTS, PROGRAM, AND PROJECTED RELEASE
1727	1727	PLANS.
1728	1728	Subpart 1.60-day limit.Each inmate shall have a needs assessment, program plan,
1729	1729	and projected release plan developed within 60 days of admission.
1730	1730	Subp. 2.General content.The needs assessment must specify the inmate's needs as
1731	1731	identified by the program review committee regarding chemical dependency, sexual deviancy,
1732	1732	psychological disorder, and other.
1733	1733	The projected release plan shall be based on the inmate's needs and shall contain the
1734	1734	conditions required to meet the department's objective of public protection.
1735	1735	Subp. 3.Developed by team.The needs assessment, program plan, and projected
1736	1736	release plan shall be developed by the program review team, and the central office copy
1737	1737	shall be forwarded to the hearings and release unit for information purposes.
1738	1738	2940.0900PROGRESS REVIEWS.
1739	1739	Subpart 1.Times of review.The progress of each inmate under the jurisdiction of the
1740	1740	commissioner shall be reviewed at least annually by the program review team. Progress
1741	1741	reviews may occur in conjunction with custody status changes and as individual program
1742	1742	needs require.
1743	1743	Subp. 2.Application.The inmate's progress reviews may result in the modification
1744	1744	of the inmate's needs assessment, modification of program plan, recommendations for
1745	1745	institutional transfer, work release recommendations, and the development of conditions of
1746	1746	parole or supervised release.
1747	1747	Subp. 3.Copies forwarded.The central office copy of the inmate's progress reviews
1748	1748	shall be forwarded to the hearings and release unit for information purposes.
1749	1749	2940.1000WORK RELEASE FOR PRERELEASE PURPOSES.
1750	1750	Subpart 1.Housing facility.Inmates on prerelease status shall be housed at the
1751	1751	Minnesota Correctional Facility-Lino Lakes. Requests for this status shall be coordinated
1752	1752	through the work release director at least 90 days prior to the inmate's release date. These
1753	1753	inmates will be housed in facilities appropriate to provide the necessary services.
1754	1754	Subp. 2.Recommendations reviewed.The recommendations of the program review
1755	1755	teams shall be reviewed by the executive officer for granting prerelease status. The executive
1756	1756	officer of hearings and release shall make the decision to grant or deny work release status
1757	1757	for placement in the prerelease program.
1758	1758	2940.1100WORK RELEASE.
1759	1759	Applications for work release must be forwarded to the director of work release for
1760	1760	approval. If approved by the director of work release, the application must be considered
1761	1761	by the program review team. If approved by the program review team, the recommendation
1762	1762	of the program review team must be reviewed by the executive officer of hearings and
1763	1763	release for the granting or denial of work release.
1764	1764	5R
1765	1765	APPENDIX
1766	1766	Repealed Minnesota Rules: 25-01993 2940.1200REENTRY REVIEWS.
1767	1767	Subpart 1.Projected release plan.The institution caseworker and the inmate must
1768	1768	complete the projected release plan 105 to 120 days prior to the inmate's established release
1769	1769	date. The projected release plan, current case summary, annual progress reviews, and
1770	1770	psychological evaluation must be forwarded to the district supervisor or Community
1771	1771	Corrections Act contact person of the county in which the offender intends to reside. A copy
1772	1772	of that request shall also be forwarded to the district supervisor or Community Corrections
1773	1773	Act contact person of the county of commitment.
1774	1774	Subp. 2.Supervising agent.The district supervisor or Community Corrections Act
1775	1775	contact person shall assign a supervising agent within 90 days of the offender's release. The
1776	1776	name and telephone number of the supervising agent assigned must be sent to the institution
1777	1777	caseworker as notification of the supervising agent assignment.
1778	1778	Subp. 3.Plan concurrence.The supervising agent shall verify the appropriateness
1779	1779	of the release plan. If the supervising agent concurs with the plan, the supervising agent
1780	1780	must submit a prerelease report within 65 days of the inmate's release date. If the supervising
1781	1781	agent does not concur, he or she must call the institution caseworker. The institution
1782	1782	caseworker and the supervising agent shall confer to resolve the difference.
1783	1783	Subp. 4.Review scheduled.Within 45 to 60 days of the inmate's release date the
1784	1784	institution caseworker or parole unit shall schedule the inmate for a review before the
1785	1785	program review team. The program review team shall conduct a reentry review and finalize
1786	1786	the projected release plan.
1787	1787	Subp. 5.Bookslip.The district supervisor shall request the central office records clerk
1788	1788	to issue a bookslip. Upon receipt of a copy of the signed conditions of parole or supervised
1789	1789	release by the central office records clerk, a bookslip must be issued.
1790	1790	2940.1300FINAL PLAN RECOMMENDA TIONS.
1791	1791	Subpart 1.Final review.The final recommendations regarding release plans which
1792	1792	have been developed jointly with the supervising agent, the institution caseworker, and
1793	1793	forwarded by the program review team shall be reviewed by the executive officer of the
1794	1794	hearings and release unit at least 30 days prior to the inmate's established release date. These
1795	1795	reviews shall take place at each Minnesota correctional facility as follows:
1796	1796	A.at least every ten working days at Minnesota Correctional Facility-Stillwater
1797	1797	and Minnesota Correctional Facility-St. Cloud; and
1798	1798	B.at least every 15 working days at Minnesota Correctional Facility-Shakopee,
1799	1799	Minnesota Correctional Facility-Oak Park Heights, and Minnesota Correctional Facility-Lino
1800	1800	Lakes.
1801	1801	Subp. 2.Final decision.The executive officer of hearings and release shall make the
1802	1802	final decision regarding the conditions of parole, supervised release, or work release, with
1803	1803	the exception of those inmates under life sentences.
1804	1804	2940.1400NOTICE TO INMATES.
1805	1805	At least 30 days prior to the reentry review, the inmate shall receive written notice of
1806	1806	the date and time of the review. The notice shall state the purpose of the review, the material
1807	1807	to be covered, and the right to review the files, records, and other documents which will be
1808	1808	considered at that time. The notice shall also inform the inmate of the right to submit written
1809	1809	documentation and to appear and speak on his or her own behalf during the hearing. All
1810	1810	inmates shall be notified, in writing, of any decisions which affect their program plans,
1811	1811	conditions of release, or release date which occur as a result of program team reviews or
1812	1812	through the disciplinary process.
1813	1813	6R
1814	1814	APPENDIX
1815	1815	Repealed Minnesota Rules: 25-01993 2940.1500INMATES WITH INDETERMINATE SENTENCES.
1816	1816	Subpart 1.Concurrent sentences.When an inmate is under sentence for a pre-May
1817	1817	1, 1980, offense and a guideline sentence concurrently, and the sentence for the pre-May
1818	1818	1, 1980, offense exceeds the guidelines sentence, release shall be considered under Minnesota
1819	1819	Statutes 1983 Supplement, section 243.05.
1820	1820	Subp. 2.Review of release dates.Incarcerated inmates with indeterminate sentences
1821	1821	governing their release dates which were established prior to July 1, 1982, shall be handled
1822	1822	as follows in items A to C.
1823	1823	A.All release dates established by the Minnesota Corrections Board will be left
1824	1824	in full force and effect by the commissioner.
1825	1825	B.Special reviews for the purpose of modifying release dates established by the
1826	1826	Minnesota Corrections Board shall be considered by the executive officer of hearings and
1827	1827	release for the following reasons:
1828	1828	(1)correcting mathematical, data entry, or computational errors; and
1829	1829	(2)policy changes established by the commissioner which affect the term of
1830	1830	imprisonment.
1831	1831	C.The program review team shall determine if the criteria for a special review
1832	1832	have been met. If the criteria have been met, the program review team shall forward the
1833	1833	information and a recommendation to the executive officer of hearings and release. The
1834	1834	executive officer of hearings and release shall make the final decision regarding the requested
1835	1835	adjustment in the release date.
1836	1836	Subp. 3.Application of guidelines.Minnesota sentencing guidelines policies and
1837	1837	procedures must be utilized in determining the term of imprisonment and projected release
1838	1838	date of each inmate with an indeterminate sentence whose new admission review occurs
1839	1839	after July 1, 1982.
1840	1840	The criminal history score shall be based on the inmate's status on the date the
1841	1841	indeterminate offense occurred.
1842	1842	A.To be assigned a juvenile point, the offender must have been under 21 years
1843	1843	of age at the time of the offense. If so, standard guidelines policies apply.
1844	1844	B.To be assigned a custody status point, the offender must have been under
1845	1845	applicable Minnesota state guidelines policy custody status at the time the indeterminate
1846	1846	offense occurred. If so, standard guidelines policies apply.
1847	1847	C.The only misdemeanor, gross misdemeanor, or felony convictions which shall
1848	1848	be utilized to compute the criminal history score shall be those for which the offender had
1849	1849	received a stayed or imposed sentence prior to the date on which the indeterminate offense
1850	1850	occurred.
1851	1851	The program review team shall complete a Minnesota sentencing guidelines worksheet
1852	1852	on such inmates and forward the worksheet to the executive officer of hearings and release
1853	1853	for approval. If the program review team recommends departure from the guidelines grid,
1854	1854	the written reasons for the departure must accompany the worksheet.
1855	1855	2940.1600GOOD TIME LOST; EXTENSION OF TERM OF IMPRISONMENT .
1856	1856	All inmates shall be subject to the loss of good time or extension of term of imprisonment
1857	1857	for institutional disciplinary infractions as follows in items A to E.
1858	1858	A.All inmates with indeterminate sentences and established release dates shall
1859	1859	have their release date and expiration date extended by one day for each day of good time
1860	1860	lost, not to exceed the maximum sentence imposed by the court.
1861	1861	7R
1862	1862	APPENDIX
1863	1863	Repealed Minnesota Rules: 25-01993 B.All inmates with indeterminate sentences who have their expiration date as
1864	1864	their assigned release date shall have their expiration date extended by one day for each day
1865	1865	of good time lost, not to exceed the maximum sentence imposed by the court.
1866	1866	C.All inmates with guidelines sentences shall have their supervised release date
1867	1867	extended by one day for each day of good time lost or disciplinary confinement time added.
1868	1868	D.All parole violators shall have their release date extended by one day for each
1869	1869	day of good time lost.
1870	1870	E.All violators of supervised release shall have their projected release date
1871	1871	extended by one day for each three days of segregation time served.
1872	1872	2940.1700OFFENDERS ON PAROLE OR SUPERVISED RELEASE STATUS.
1873	1873	Progress reviews shall be completed annually on all offenders on parole or supervised
1874	1874	release status by the supervising agent. Unless the expiration date occurs earlier, offenders
1875	1875	on parole status shall be considered for discharge when consistent with public safety.
1876	1876	2940.1800INMATES WITH LIFE SENTENCES.
1877	1877	Subpart 1.Advisory panel.The commissioner shall convene an advisory panel of
1878	1878	Department of Corrections employees, which shall consist of, but not be limited to, the
1879	1879	following:
1880	1880	A.the deputy commissioner for institutions;
1881	1881	B.the deputy commissioner for community services;
1882	1882	C.the superintendent or warden of the institution of the inmate's residence; and
1883	1883	D.the executive officer of the hearings and release unit.
1884	1884	The commissioner shall serve as the chair of the advisory panel.
1885	1885	Subp. 2.Duties of panel.The advisory panel shall review each inmate who is serving
1886	1886	a life sentence three years prior to the inmate's parole or supervised release eligibility date
1887	1887	in order to establish a projected release date or a future review date. The advisory panel
1888	1888	shall assist the commissioner in thoroughly considering the inmate's entire case history,
1889	1889	including the facts and circumstances of the offense for which the life sentence is being
1890	1890	served; past criminal history, institutional adjustment, program team reports, psychological
1891	1891	and psychiatric reports where pertinent; and the results of community investigations.
1892	1892	The program review team of the inmate's residence shall prepare appropriate reports
1893	1893	and recommendations as requested by the institution superintendent or warden.
1894	1894	Subp. 3.Inmate's rights.The inmate shall be given 60 days notice prior to the date
1895	1895	of review; shall be entitled to submit written documentation in support of his or her position;
1896	1896	and shall have the choice to be present at the review hearing.
1897	1897	An attorney representing the inmate or an advocate of the inmate's choice shall be
1898	1898	allowed at the review hearing.
1899	1899	A representative of the ombudsman's office may be present at the review hearing.
1900	1900	Subp. 4.Duties of officials.The commissioner may initiate inquiries and take testimony
1901	1901	as authorized by Minnesota Statutes, section 243.05.
1902	1902	The executive officer of hearings and release shall assist the commissioner in
1903	1903	interviewing interested parties and prepare a summary of community input for presentation
1904	1904	to the advisory panel.
1905	1905	During the deliberative process only members of the advisory panel shall be present
1906	1906	unless determined otherwise by the commissioner.
1907	1907	8R
1908	1908	APPENDIX
1909	1909	Repealed Minnesota Rules: 25-01993 Subp. 5.Projected release date.The commissioner shall establish a projected release
1910	1910	date for each inmate or continue the case to a future review date. The decision of the
1911	1911	commissioner shall be communicated to the inmate in writing within 30 days of the review
1912	1912	and shall contain the following:
1913	1913	A.the factors utilized in arriving at the projected release date or a future review
1914	1914	date;
1915	1915	B.the future review or projected release date; and
1916	1916	C.actions by the inmate which could cause the projected release or review date
1917	1917	to be changed.
1918	1918	The projected release date, once established shall not be modified without a review
1919	1919	incorporating the elements of the initial review referred to in subpart 3 with the exception
1920	1920	of changes caused by a loss of good time.
1921	1921	2940.1900OBJECTIVE OF PUBLIC SAFETY.
1922	1922	Conditions of parole or supervised release shall be based on the need for public safety.
1923	1923	Surveillance with optional treatment programming shall be utilized when consistent with
1924	1924	case planning in order to achieve maximum public safety.
1925	1925	2940.2000REQUIREMENTS AND PROHIBITIONS OF RELEASE.
1926	1926	Subpart 1.Compliance.All offenders on parole or supervised release shall be required
1927	1927	to comply with the standard conditions of parole or supervised release in subparts 2 to 10.
1928	1928	Subp. 2.Report.Releasees upon leaving the institution shall report immediately at
1929	1929	the destination specified by the supervising agent.
1930	1930	Subp. 3.Inform.Releasees shall at all times follow the instructions of their supervising
1931	1931	agent and keep the supervising agent informed of their residence and activities. Releasees
1932	1932	shall advise their supervising agent within 24 hours if they are arrested.
1933	1933	Subp. 4.Contact.Releasees shall maintain contact with the supervising agent in the
1934	1934	manner prescribed by that supervising agent.
1935	1935	Subp. 5.Submit reports and respond.Releasees shall submit reports as required by
1936	1936	the supervising agent and shall respond promptly to any communication from their
1937	1937	supervising agent.
1938	1938	Subp. 6.Intoxicants and drugs.Releasees shall follow the supervising agent's
1939	1939	instructions with respect to the use of intoxicants and shall not possess or use narcotics or
1940	1940	other drugs, preparations, or substances as defined by Minnesota Statutes, chapter 152,
1941	1941	except those prescribed for the releasee by a licensed physician.
1942	1942	Subp. 7.Firearms.Releasees shall not purchase or otherwise obtain or have in their
1943	1943	possession any type of firearm or dangerous weapon as defined by Minnesota Statutes,
1944	1944	section 609.02, subdivision 6.
1945	1945	Subp. 8.Leaving the state.Releasees shall not leave the state without the written
1946	1946	permission of the supervising agent specifying the terms and conditions under which
1947	1947	permission is granted.
1948	1948	Subp. 9.Subsequent convictions.Releasees shall not be convicted of any felony,
1949	1949	gross misdemeanor, or any misdemeanor punishable by imprisonment as defined in
1950	1950	Minnesota Statutes, section 609.02, or of repeated traffic offenses other than parking
1951	1951	violations. Acknowledgment in the form of a confession under oath in open court before a
1952	1952	judge may be considered a conviction for the purpose of this condition.
1953	1953	Subp. 10.Probable cause to hold.A finding of probable cause by a court of competent
1954	1954	jurisdiction or grand jury indictment shall be considered grounds to hold a releasee in custody
1955	1955	unless and until the releasee is found not guilty.
1956	1956	9R
1957	1957	APPENDIX
1958	1958	Repealed Minnesota Rules: 25-01993 2940.2100SPECIAL CONDITIONS OF RELEASE.
1959	1959	Special conditions of release mean any conditions on the release form other than the
1960	1960	standard conditions, setting forth individual specified requirements to be followed by a
1961	1961	releasee. These special conditions include:
1962	1962	A.special conditions which set forth limits regarding contact with specified
1963	1963	persons, travel from or to specified locations or areas, or increased contact with the
1964	1964	supervising agent beyond that which is considered standard;
1965	1965	B.participation conditions which require the releasee to be involved in
1966	1966	nonresidential therapy or counseling programs; and
1967	1967	C.residential conditions which require the releasee to be involved in a residential
1968	1968	program.
1969	1969	2940.2200DEVELOPMENT OF SPECIAL CONDITIONS OF RELEASE.
1970	1970	Special conditions of parole or supervised release shall be developed jointly by the
1971	1971	program review team and the supervising agent.
1972	1972	2940.2300APPROVAL OF CONDITIONS OF RELEASE.
1973	1973	All conditions of parole or supervised release shall be subject to the approval of the
1974	1974	executive officer of hearings and release.
1975	1975	2940.2400PLACEMENT IN RESIDENTIAL COMMUNITY PROGRAM.
1976	1976	If placement in a residential community program is prescribed as a special condition
1977	1977	of supervised release, failure to enter and complete such a program is grounds for revocation
1978	1978	of release. If no community program is available at the time of release, the matter shall be
1979	1979	referred to the executive officer of the hearings and release unit for approval of an alternative
1980	1980	program or plan.
1981	1981	2940.2500NOTICE OF CONDITIONS OF RELEASE.
1982	1982	At the time of release from a correctional facility each inmate shall have read to him
1983	1983	or her the conditions of parole or supervised release, and the inmate shall sign the conditions
1984	1984	of parole or supervised release. The inmate's signature shall be witnessed by the staff member
1985	1985	who read the conditions of parole or supervised release to the inmate.
1986	1986	2940.2600COOPERATION OF INMATE REQUIRED.
1987	1987	Refusal to cooperate in determining place of residence, employment plans, or conditions
1988	1988	of release shall result in an extension of the inmate's term of imprisonment through the
1989	1989	institutional disciplinary process. Inmates serving indeterminate sentences will not be allowed
1990	1990	to leave the institution without an approved release plan.
1991	1991	2940.2700RESTRUCTURE OF CONDITIONS OF PAROLE OR SUPERVISED
1992	1992	RELEASE.
1993	1993	Subpart 1.Request by offender.Offenders on parole or supervised release may at
1994	1994	any time during their term of release request that the standard or special conditions of release
1995	1995	be modified. Their request must be made in writing through their supervising agent who
1996	1996	shall submit the request and the supervising agent's recommendation to the hearings and
1997	1997	release unit within ten days of its receipt. The executive officer of hearings and release shall
1998	1998	review the request and respond in writing within 30 days of the receipt of the request for
1999	1999	the modification of the standard or special conditions of release.
2000	2000	Subp. 2.Request by supervising agent.Supervising agents, after consultation with
2001	2001	their supervisor, may request a restructure of a client's standard or special conditions of
2002	2002	release.
2003	2003	10R
2004	2004	APPENDIX
2005	2005	Repealed Minnesota Rules: 25-01993 Subp. 3.Granting of modification.The executive officer of hearings and release
2006	2006	may authorize the supervising agent to modify the standard or special conditions of release
2007	2007	or cause the releasee to be brought before the executive officer of hearings and release for
2008	2008	a review of the matter of modification. Any modification of the standard or special conditions
2009	2009	of release shall be in writing and executed with the same formality as the original conditions.
2010	2010	2940.2800WORK RELEASE STATUS.
2011	2011	Subpart 1.Participation.Participation in the work release program is voluntary on
2012	2012	the part of the inmate. Consideration for work release status shall be given to those offenders
2013	2013	who have met the Department of Corrections eligibility requirements, have been accepted
2014	2014	by the director of work release and recommended by the program review team. The executive
2015	2015	officer of hearings and release shall make the decision for the granting or denial of work
2016	2016	release.
2017	2017	Subp. 2.Violations; revocations.All violations of work release rules shall be handled
2018	2018	according to the approved discipline plan. Revocation of work release status shall be the
2019	2019	decision of the executive officer of hearings and release after an appropriate due process
2020	2020	hearing.
2021	2021	2940.2900WORK RELEASE FOR PRERELEASE PURPOSES.
2022	2022	Subpart 1.Participation.Participation in the prerelease program is voluntary on the
2023	2023	part of the inmate. The procedure for granting work release for placement in the prerelease
2024	2024	program shall be for the program review team to make the referral to the executive officer
2025	2025	of the hearings and release unit. The executive officer of the hearings and release unit shall
2026	2026	make the final decision regarding the granting of work release status for placement in the
2027	2027	prerelease program.
2028	2028	Subp. 2.Violations.Violations of work release or prerelease shall be handled through
2029	2029	the institutional disciplinary process.
2030	2030	2940.3000GROUNDS FOR WARRANTS.
2031	2031	Warrants may be issued for the apprehension and detention of parolees, supervised
2032	2032	releasees, and work releasees who are:
2033	2033	A.alleged to have violated the conditions of their release;
2034	2034	B.convicted of a new felony and who represent a risk either by absconding or
2035	2035	who have a probability of committing acts which are dangerous to the community; or
2036	2036	C.the subject of detainers in appropriate cases.
2037	2037	When warrants have been issued as detainers for releasees who are being prosecuted
2038	2038	for new charges, including violations which are misdemeanors, gross misdemeanors, or
2039	2039	felonies, the revocation process shall not begin until the court process has concluded. The
2040	2040	court process will be considered concluded by dismissal of charges, a finding of not guilty,
2041	2041	or the completion of any local incarceration time imposed by the court.
2042	2042	2940.3100WARRANTS; FORMAL RECOMMENDA TION REQUIREMENT .
2043	2043	At any time the releasee is prepared to make bail or has been sentenced by the court,
2044	2044	the supervising agent shall submit a written formal recommendation to the executive officer
2045	2045	of hearings and release regarding whether to:
2046	2046	A.maintain the warrant or allow the releasee to make bail; or
2047	2047	B.cancel the warrant and allow the local sentence imposed to satisfy the violation
2048	2048	time. If this is done, a notice of release will be filed by the fugitive unit which provides that
2049	2049	the supervising agent be notified 30 or 60 days prior to release.
2050	2050	11R
2051	2051	APPENDIX
2052	2052	Repealed Minnesota Rules: 25-01993 2940.3200ISSUANCE OF WARRANTS.
2053	2053	The executive officer of hearings and release shall have the authority to issue nationwide
2054	2054	or statewide warrants on a case-by-case basis in accordance with the procedures in items A
2055	2055	to D.
2056	2056	A.After consultation with his or her supervisor, the supervising agent shall submit
2057	2057	a violation report to the executive officer of hearings and release who shall make the final
2058	2058	decision regarding the issuance of a warrant.
2059	2059	B.In emergency situations, the supervising agent shall request authorization for
2060	2060	the warrant by telephone. The supervising agent shall call the hearings and release unit and
2061	2061	provide the necessary information for warrant authorization.
2062	2062	C.Upon approval of the emergency warrant, the hearings and release unit shall
2063	2063	provide the fugitive unit with the necessary information, and instruct the fugitive unit to
2064	2064	issue the warrant.
2065	2065	D.If an emergency warrant is issued, a written violation report must be received
2066	2066	by the hearings and release unit within five working days.
2067	2067	2940.3300OTHER ORDERS.
2068	2068	The executive officer of hearings and release shall have the authority to issue orders
2069	2069	revoking parole, supervised release, or work release; to stop the time from running on the
2070	2070	sentences of releasees who have absconded, and to start the running of the time on the
2071	2071	inmate's sentence.
2072	2072	2940.3400HOLD ORDERS.
2073	2073	Apprehension and detention orders may be issued by the executive officer of the hearings
2074	2074	and release unit or a district supervisor upon written reasons submitted by a supervising
2075	2075	agent under authority of Minnesota Statutes, section 243.05. No releasee shall be detained
2076	2076	under an apprehension and detention order for more than 72 hours unless revocation
2077	2077	proceedings have been initiated by the supervising agent.
2078	2078	2940.3500REVOCATION HEARING.
2079	2079	Subpart 1.Location.Revocation hearings whenever possible must be held in the
2080	2080	community where the conviction of the violation of a standard or condition occurred. Separate
2081	2081	probable cause hearings may be held if circumstances warrant.
2082	2082	Subp. 2.When held.All revocation or separate probable cause hearings must be held
2083	2083	within 12 working days of the releasee's availability to Department of Corrections.
2084	2084	Subp. 3.Outside metropolitan area.Outside the metropolitan area, as defined by
2085	2085	Minnesota Statutes, section 473.121, revocation or separate probable cause hearings shall
2086	2086	be conducted by a Department of Corrections district supervisor other than the supervising
2087	2087	agent's supervisor. In cases of special need, the executive officer of hearings and release
2088	2088	may conduct the revocation or separate probable cause hearings outside the metropolitan
2089	2089	area.
2090	2090	Subp. 4.Within metropolitan area.Within the metropolitan area the hearings shall
2091	2091	be conducted by the executive officer of hearings and release.
2092	2092	2940.3600REVOCATION GROUNDS.
2093	2093	Grounds for the revocation of parole, work release, or supervised release are as follows
2094	2094	in items A to C.
2095	2095	A.Conviction of a felony, gross misdemeanor, any misdemeanor punishable by
2096	2096	imprisonment as defined in Minnesota Statutes, section 609.02, or repeated traffic offenses
2097	2097	12R
2098	2098	APPENDIX
2099	2099	Repealed Minnesota Rules: 25-01993 other than parking violations. Acknowledgment in the form of a confession under oath in
2100	2100	open court before a judge may be considered a conviction for the purpose of revocation.
2101	2101	B.A finding of probable cause by a court of competent jurisdiction or a grand
2102	2102	jury indictment shall be considered grounds to hold the offender in custody unless and until
2103	2103	the releasee is found not guilty.
2104	2104	C.Violation of any standard or special condition of parole or supervised release.
2105	2105	2940.3700ACTIONS.
2106	2106	If the executive officer of hearings and release or a district supervisor finds that releasees
2107	2107	are in violation of their parole, work release, or supervised release, the following actions
2108	2108	may be taken:
2109	2109	A.counsel the releasee and continue parole, work release, supervised release
2110	2110	without modification;
2111	2111	B.modify and enlarge the conditions of release; or
2112	2112	C.revoke parole, work release, or supervised release and return the releasee to
2113	2113	imprisonment for an appropriate period of time not to exceed the time remaining on the
2114	2114	releasee's sentence.
2115	2115	2940.3800REIMPRISONMENT .
2116	2116	Offenders who have violated the conditions of parole or supervised release and who
2117	2117	have been returned to institutional status shall be assigned a release date and a term of
2118	2118	reimprisonment, as follows:
2119	2119	A.up to six months inclusive of any time spent in jail in connection with the
2120	2120	violation, for violations of conditions of parole or supervised release other than convictions
2121	2121	of or involvement in criminal activity;
2122	2122	B.up to six months for convictions of misdemeanors or gross misdemeanors;
2123	2123	C.six months to expiration of sentence for conviction of a felony; and
2124	2124	D.depending on the time remaining to be served on the sentence, the type of
2125	2125	violation, and the needs of the offender, up to expiration of the sentence may be assigned
2126	2126	as the term of reimprisonment if there is a finding of risk to the public or if repeated violations
2127	2127	of the conditions of release occur and the releasee is determined to be unamenable to
2128	2128	supervision by the executive officer of hearings and release.
2129	2129	The term of reimprisonment under items A to C may be either concurrent or consecutive
2130	2130	to incarceration time imposed by a court of law and served locally.
2131	2131	2940.3900REVOCATION PROCEDURES; INVESTIGATION AND REPORT.
2132	2132	Supervising agents shall investigate all alleged violations of release and after consultation
2133	2133	with their supervisor determine whether grounds exist to begin revocation procedures. If
2134	2134	grounds are found to exist justifying the initiation of revocation procedures, a violation
2135	2135	report must be submitted to the executive officer of hearings and release together with a
2136	2136	recommendation as to the issuance of a warrant directing the apprehension and detention
2137	2137	of the releasee pending a hearing.
2138	2138	2940.4000EMERGENCY SITUATIONS.
2139	2139	In emergency situations supervising agents after consultation with their supervisor,
2140	2140	may call the hearings and release unit to request an emergency warrant. The procedure
2141	2141	indicated in parts 2940.3000 to 2940.3400 governs the issuance of emergency warrants.
2142	2142	13R
2143	2143	APPENDIX
2144	2144	Repealed Minnesota Rules: 25-01993 2940.4100INITIATION OF REVOCATION PROCEEDINGS.
2145	2145	If the executive officer of the hearings and release unit determines that revocation
2146	2146	proceedings shall be initiated, the supervising agent shall be notified in writing. The executive
2147	2147	officer of the hearings and release unit shall send a copy of the violation report to the State
2148	2148	Public Defender's Office at the same time that agent is notified to begin revocation
2149	2149	proceedings.
2150	2150	2940.4200DUTIES OF SUPERVISING AGENT.
2151	2151	Upon receipt of the notice to begin revocation proceedings, the supervising agent shall
2152	2152	have the duties in items A to F.
2153	2153	A.The agent shall give the releasee a copy of the violation report.
2154	2154	B.The supervising agent shall advise the releasee of the purpose of the hearing;
2155	2155	the right to a hearing; the right to the assistance of counsel of choice or the services of the
2156	2156	State Public Defender; the right to present evidence and to confront and cross-examine
2157	2157	witnesses; and the right to admit the violations of release.
2158	2158	C.If the releasee signs the admission of violations form, the supervising agent
2159	2159	shall notify the fugitive unit to transport the violator to a correctional facility designated by
2160	2160	the commissioner.
2161	2161	D.Upon return to the correctional facility, the releasee shall be provided with a
2162	2162	dispositional hearing within 15 working days at which the supervising agent is not required
2163	2163	to be present.
2164	2164	E.If the releasee requests a revocation hearing, the supervising agent shall call
2165	2165	the hearings and release unit to coordinate a date and time for the hearing.
2166	2166	F.Upon receiving the date and time for the hearing, the supervising agent shall
2167	2167	prepare a notice of hearing form, make six copies of the rules of release, six copies of any
2168	2168	written evidence, and distribute one set of each according to the distribution indicated on
2169	2169	the notice of revocation hearing form.
2170	2170	If the releasee is in custody pursuant to a warrant issued by the hearings and release
2171	2171	unit, the hearing shall be held within 15 working days immediately after detention, unless
2172	2172	good cause is shown for a continuance. At the time notice is given to the releasee, notice
2173	2173	shall be sent to the State Public Defender or private counsel.
2174	2174	2940.4300REVOCATION HEARING.
2175	2175	The revocation hearing shall be held near the site of the alleged violation, and conducted
2176	2176	by the executive officer of hearings and release or a district supervisor who does not directly
2177	2177	supervise the supervising agent alleging the violation. If parole, supervised release, or work
2178	2178	release is revoked, the releasee shall be imprisoned in a place determined by the
2179	2179	commissioner. Releasees may admit the alleged violations any time prior to the hearing.
2180	2180	The admission must be in writing, and releasees must have been notified of the consequences
2181	2181	of their admission, including that they may be returned to a correctional facility for a term
2182	2182	of imprisonment specified by the executive officer of hearings and release or a district
2183	2183	supervisor.
2184	2184	2940.4400WARRANTS.
2185	2185	Subpart 1.General requirement.Unless taken into custody by a supervising agent
2186	2186	under the authority of Minnesota Statutes 1983 Supplement, section 243.05, a releasee shall
2187	2187	not be taken into custody unless a warrant is issued by the executive officer of hearings and
2188	2188	release.
2189	2189	Subp. 2.Content.Requests for hold orders or warrants must allege the specific facts
2190	2190	upon which the alleged violation is based, indicate the sources of information, and cite
2191	2191	reasons why detention pending the hearing is necessary.
2192	2192	14R
2193	2193	APPENDIX
2194	2194	Repealed Minnesota Rules: 25-01993 Subp. 3.Absconding from supervision.Warrants may be issued in all cases where
2195	2195	a releasee has absconded from supervision. Issuance of warrant under these circumstances
2196	2196	and the revocation of parole, supervised release, or work release shall stop the time from
2197	2197	running on the sentence until the releasee is returned to custody. In all cases where a releasee
2198	2198	is returned from out of state, whether by extradition proceedings or waiver of extradition,
2199	2199	the hearing shall be held at a location determined by the executive officer of hearings and
2200	2200	release.
2201	2201	2940.4500FAILURE TO APPEAR.
2202	2202	Failure of a releasee to appear at a revocation or probable cause hearing after having
2203	2203	been duly notified will result in the issuance of a warrant for their apprehension and detention
2204	2204	and return to custody pending a hearing at a place to be determined by the executive officer
2205	2205	of hearings and release.
2206	2206	2940.5700REQUEST FOR INTERSTATE SUPERVISION OF MINNESOTA
2207	2207	RELEASEE.
2208	2208	Subpart 1.Request for transfer.Transfer requests for interstate supervision of a
2209	2209	Minnesota releasee must be submitted to the deputy compact administrator, in the central
2210	2210	office, at least 60 days but not more than 90 days prior to the established release date. The
2211	2211	request shall be submitted on correction form 245, and must include in specific terms the
2212	2212	placement offer and employment, as well as the institution caseworker's evaluation and
2213	2213	recommendation.
2214	2214	Subp. 2.Material to be submitted.The following material shall be submitted to the
2215	2215	compact administrator:
2216	2216	A.three copies of the transfer request correction form 245 (interstate transfer
2217	2217	request);
2218	2218	B.three copies of correction form 312 (application for compact services);
2219	2219	C.three copies of correction form 248 (agreement to return form) signed, dated,
2220	2220	and witnessed; and
2221	2221	D.three copies of case management progress reports, fingerprints, and photos.
2222	2222	On cases already under field services supervision the deputy compact administrator
2223	2223	will request the photos, fingerprints, and progress reports from the releasing institution.
2224	2224	15R
2225	2225	APPENDIX
2226	2226	Repealed Minnesota Rules: 25-01993