| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; providing that undocumented noncitizens are ineligible |
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| 3 | 3 | | 1.3 for early release from incarceration; providing that undocumented noncitizens are |
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| 4 | 4 | | 1.4 ineligible for prosecutor-initiated sentence adjustments; amending Minnesota |
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| 5 | 5 | | 1.5 Statutes 2024, section 609.133, by adding a subdivision; proposing coding for new |
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| 6 | 6 | | 1.6 law in Minnesota Statutes, chapter 244. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. [244.52] EARLY RELEASE FOR UNDOCUMENTED OFFENDERS |
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| 9 | 9 | | 1.9PROHIBITED. |
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| 10 | 10 | | 1.10 (a) As used in this section the following terms have the meanings given: |
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| 11 | 11 | | 1.11 (1) "term of imprisonment" has the meaning given in section 244.01, subdivision 8; and |
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| 12 | 12 | | 1.12 (2) "undocumented offender" means an undocumented noncitizen who resides in the |
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| 13 | 13 | | 1.13United States without the approval or acquiescence of the United States Citizenship and |
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| 14 | 14 | | 1.14Immigration Services who has been committed to the custody of the commissioner of |
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| 15 | 15 | | 1.15corrections. |
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| 16 | 16 | | 1.16 (b) Notwithstanding any law to the contrary, an undocumented offender is not eligible |
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| 17 | 17 | | 1.17for early supervised release, conditional medical or epidemic release, the challenge |
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| 18 | 18 | | 1.18incarceration program, earned incentive release credit, or any other program or credit that |
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| 19 | 19 | | 1.19would reduce the undocumented offender's term of imprisonment. |
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| 20 | 20 | | 1.20 (c) The commissioner must not release an undocumented offender from incarceration |
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| 21 | 21 | | 1.21until the inmate has completed the inmate's term of imprisonment and any disciplinary |
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| 22 | 22 | | 1.22confinement period imposed by the commissioner due to the inmate's violation of any |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | 25-01363 as introduced12/18/24 REVISOR KLL/BM |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 320NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: KORAN) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading01/21/2025 |
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| 31 | 31 | | Referred to Judiciary and Public Safety 2.1disciplinary rule adopted by the commissioner or refusal to participate in a rehabilitative |
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| 32 | 32 | | 2.2program required under section 244.03. |
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| 33 | 33 | | 2.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 34 | 34 | | 2.4 Sec. 2. Minnesota Statutes 2024, section 609.133, is amended by adding a subdivision to |
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| 35 | 35 | | 2.5read: |
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| 36 | 36 | | 2.6 Subd. 1a.Undocumented offenders; ineligible for sentence adjustment.An |
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| 37 | 37 | | 2.7undocumented noncitizen who resides in the United States without the approval or |
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| 38 | 38 | | 2.8acquiescence of the United States Citizenship and Immigration Services is ineligible for |
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| 39 | 39 | | 2.9sentence adjustment under this section. |
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| 40 | 40 | | 2.10 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 41 | 41 | | 2Sec. 2. |
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| 42 | 42 | | 25-01363 as introduced12/18/24 REVISOR KLL/BM |
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