piers109uk/MN-Statutes huggingface dataset:
638.18 FILING COPY OF CLEMENCY; COURT ACTION.
After clemency has been granted, the commission must file a copy of the pardon, commutation, or reprieve with the district court of the county in which the conviction and sentence were imposed.
(a) For a pardon, the court must:
(1) order the conviction set aside;
(2) include a copy of the pardon in the court file;
(3) order all records wherever held relating to the arrest, indictment or information, trial, verdict, and pardon sealed and prohibit the disclosure of the existence of the records or the opening of the records except under court order or pursuant to section 609A.03, subdivision 7a, paragraph (b), clause (1), (7), or (8); and
(4) send a copy of the order and the pardon to the Bureau of Criminal Apprehension and all other government entities that hold affected records.
(b) Consistent with section 609A.03, subdivision 8, the court administrator shall send a copy of the expungement order to each government entity whose records are affected by the order, including but not limited to the Department of Corrections, the Department of Public Safety, and law enforcement agencies.
For a commutation, the court must:
(1) amend the sentence to reflect the specific relief granted by the board;
(2) include a copy of the commutation in the court file; and
(3) send a copy of the amended sentencing order and commutation to the commissioner of corrections and the Bureau of Criminal Apprehension.
641.02 FUGITIVES FROM JUSTICE; FEE.
Any county jail may be used for the safekeeping of fugitives from justice in this state, in accordance with the provisions of any act of Congress. The officer holding any such fugitive in custody shall pay the county $2 as a commitment fee, and a fee to be determined pursuant to section 641.03 for the use of the county, for the fugitive's board.
641.03 FEDERAL PRISONERS; FEE.
When any person is committed to any jail by any process issued under authority of the United States, the sheriff or jailer shall receive such person into custody, and safely keep the person until discharged by due course of law, subject in all respects to the same liabilities and remedies as though committed under process issued under state authority. The United States shall pay to the county the minimum sum of $5 per day for each prisoner so kept and boarded. Provided, that in any county of this state, the sheriff shall at the request of the county board of commissioners determine the average daily per capita cost for the food, clothing, medical and incidental expense for the care and maintenance of persons committed to the county jail for the preceding year. The amount found to be the average daily per capita cost of such committed persons shall be paid to the county by the United States for each prisoner so kept and boarded during the current year.
638.011 DEFINITIONS.
For purposes of this chapter, the terms defined in this section have the meanings given.
"Board" means the Board of Pardons under section 638.01.
Unless otherwise provided, "clemency" includes a pardon, commutation, and reprieve after conviction for a crime against the state except in cases of impeachment.
"Commission" means the Clemency Review Commission under section 638.09.
"Department" means the Department of Corrections.
"Waiver request" means a request to waive a time restriction under sections 638.12, subdivisions 2 and 3, and 638.19, subdivision 1.
638.01 BOARD OF PARDONS.
The Board of Pardons consists of the governor, the chief justice of the supreme court, and the attorney general. The governor in conjunction with the board may grant clemency according to this chapter.
641.04 PRISONER COMMITMENT PAPERS.
Every instrument, or attested copy thereof, by which a prisoner is committed or liberated, shall be endorsed, filed, and safely stored by the sheriff or jailer, and delivered to the sheriff's or jailer's successor. When the process by which any prisoner is committed is required to be returned to the court, the sheriff or jailer shall duly certify and keep a copy thereof which shall be prima facie evidence of the sheriff's or jailer's right to retain the prisoner in custody.
641.13 PRISONERS FROM OTHER COUNTIES; BOARDING FEES.
When any prisoner is ordered confined in any county other than that in which the offense was committed, the other county shall keep the prisoner at the expense of the county sending the prisoner, and the other county board shall collect from the county sending the prisoner, for board such an amount as is charged for local county prisoners for each day, or fractional day, and, in addition thereto, the county board of the other county shall collect from the county sending the prisoners, sums as have been necessarily expended for clothing, bedding, and medical aid for the prisoners. In addition thereto the county board of the other county may collect from the county sending the prisoners such sum as the county board may determine for other expenses incurred by the other county in providing jail facilities for the prisoners. The county board of the county from which the prisoners are sent, at its first session after their commitment, shall authorize the county auditor to issue to the county where they are committed orders upon the county treasurer for the maintenance of the prisoners while they remain in such jail.
641.035 OUT-OF-STATE PRISONERS.
(a) A county or regional jail board may authorize the sheriff or regional jail superintendent to enter into agreements to house offenders from other states.
(b) The extradition requirements of chapter 629 do not apply to offenders accepted from another state under this section. The sheriff or regional jail superintendent responsible for housing an out-of-state offender has the express authority to return the offender to the offender's state of origin upon request from the appropriate authority in the offender's state of origin.
641.16 BIBLES.
Every keeper of a jail shall provide for each prisoner able and willing to read it a copy of the Bible or the sacred book of another religion, at the expense of the county, and any clergy desirous of giving moral and religious instruction to requesting prisoners shall have access to them at proper times.
638.22 LEGISLATIVE REPORT.
Beginning February 15, 2025, and every February 15 thereafter, the commission must submit a written report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety, corrections, and judiciary that contains at least the following information:
(1) the number of clemency applications received by the commission during the preceding calendar year;
(2) the number of favorable and adverse recommendations made by the commission for each type of clemency;
(3) the number of applications granted and denied by the board for each type of clemency;
(4) the crimes for which the applications were granted by the board, the year of each conviction, and the individual's age at the time of the crime; and
(5) summary data voluntarily reported by applicants, including but not limited to demographic information on race, ethnicity, gender, disability status, and age, of applicants recommended or not recommended for clemency by the commission.
641.06 APPOINTMENT OF EMPLOYEES; COMPENSATION.
The sheriff of a county maintaining a jail, if a male, shall appoint a competent woman as women's jailer, who, under the sheriff's direction, shall have exclusive charge of all female prisoners. The sheriff, if a female, shall appoint a competent man as men's jailer, who, under the sheriff's direction, shall have exclusive charge of all male prisoners. Jailers shall hold office during the pleasure of the sheriff and may be removed at any time by the sheriff.
641.07 PRISONERS; LABOR.
Every able-bodied male prisoner over 16 years of age confined in any county jail or statutory city lockup under judgment of any court or other tribunal authorized to imprison for the violation of any law, ordinance, bylaw, or police regulation may be required to work for not more than ten hours per day. The court or tribunal, when passing judgment of imprisonment for nonpayment of fine or otherwise, shall determine and specify whether or not the imprisonment shall be at hard labor. The labor may be in the jail or jail yard, upon public roads and streets, public buildings, grounds, or elsewhere in the county. Upon request, persons awaiting trial may be allowed to perform labor. Each prisoner performing labor may be paid a reasonable compensation by the county if imprisoned in violation of state law or awaiting trial upon a charge thereof, and by the city if confined for the violation of any ordinance, bylaw, or police regulation. The compensation shall be paid to the spouse, family, or dependents of the prisoner, or any other person the court sentencing the prisoner directs. It shall be in an amount that the court determines. It shall be allowed by the board of county commissioners or the governing body of the city upon order of the court.
638.14 COMMISSION MEETINGS.
The commission must meet at least four times each year for one or more days at each meeting to hear eligible clemency applications and recommend appropriate action to the board on each application. One or more of the meetings may be held at a department-operated correctional facility.
All commission meetings are open to the public as provided under chapter 13D, but the commission may hold closed meetings:
(1) as provided under chapter 13D; or
(2) as necessary to protect sensitive or confidential information, including (i) a victim's identity, and (ii) sensitive or confidential victim testimony.
When possible, the commission must record its meetings by audio or audiovisual means.
The governor, attorney general, and chief justice, or their designees, may attend commission meetings as ex-officio nonvoting members, but their attendance does not affect whether the commission has a quorum.
(a) An applicant for clemency must appear before the commission either in person or through available forms of telecommunication.
(b) The victim of an applicant's crime may appear and speak at the meeting or submit a written statement to the commission. The commission may treat a victim's written statement as confidential and not disclose the statement to the applicant or the public if there is or has been an order for protection, harassment restraining order, or other no-contact order prohibiting the applicant from contacting the victim.
(c) A law enforcement agency's representative may provide the agency's position on whether the commission should recommend clemency by:
(1) appearing and speaking at the meeting; or
(2) submitting a written statement to the commission.
(d) The sentencing judge and the prosecuting attorney, or their successors, may provide their positions on whether the commission should recommend clemency by:
(1) appearing and speaking at the meeting; or
(2) submitting their statements under section 638.11, subdivision 2.
641.05 RECORD OF INMATES; COURT; BUREAU OF CRIMINAL APPREHENSION.
(a) Every sheriff shall, at the expense of the county, maintain a permanent record of all persons committed to any jail under the sheriff's charge. It shall contain the name of every person committed, by what authority, residence, date of commitment, and, if for a criminal offense, a description of the person, when and by what authority liberated, and, in case of escape, the time and manner thereof. At the opening of each term of district court the sheriff shall make a certified transcript from the record to the court, showing all cases not previously disposed of.
(b) Upon intake into the jail facility, the name of the committed person shall be checked against the Bureau of Criminal Apprehension predatory offender registration database to determine whether the person is a registered predatory offender. In the event that the person is registered, the sheriff or designee shall notify the bureau of the person's admission into the jail facility. At the time of discharge from the facility, the sheriff or designee shall provide the person with a change of information form for the purposes of reporting the address where the person will be living upon release from the facility.
(c) Every sheriff who intentionally neglects or refuses to report under paragraph (a) or (b) shall be guilty of a gross misdemeanor.
641.09 POWER OF OFFICERS.
The officer in charge of prisoners so sentenced to labor may use all reasonable means necessary to prevent escape or enforce obedience. For refusal to labor or obey necessary orders in reference thereto, a prisoner may be kept in solitary confinement but shall not be so confined more than ten days for any one offense, nor more than 90 days in all.
641.08 SUPERVISION.
When a sentence is for violation of a state law, and the prisoner is confined in a county jail, such labor shall be performed under the direction of the county board, and superintended by the sheriff, who shall furnish necessary materials and tools at the expense of the county, and the county shall be entitled to the benefit thereof. When the sentence is for a violation of an ordinance, bylaw, or regulation of a city, such labor shall be performed under the direction of its governing body, and superintended by the chief of police, who shall furnish the materials at the expense of such city, which shall be entitled to the benefit thereof.
641.10 PAYMENT FOR LABOR; PROTECTION.
For each day's labor the prisoner shall be credited $3 on any judgment for fine and costs and, when imprisoned in default of payment of a fine or fine and costs, the prisoner shall be discharged when the prisoner has performed sufficient labor to pay the same. The officer in charge of such prisoners shall protect them from insult and annoyance while at labor or going to and returning therefrom. Every person who shall insult, annoy, or communicate with such prisoners, after being by such officers commanded to desist, shall be guilty of a misdemeanor and punished by imprisonment for not more than five days or by fine of not more than $10.
638.11 THIRD-PARTY NOTIFICATIONS.
(a) After receiving a clemency application, the commission must make all reasonable efforts to locate any victim of the applicant's crime.
(b) At least 30 calendar days before the commission meeting at which the application will be heard, the commission must notify any located victim of:
(1) the application;
(2) the meeting's scheduled date, time, and location; and
(3) the victim's right to attend the meeting and submit an oral or written statement to the commission.
(c) The commission must make all reasonable efforts to ensure that a victim can:
(1) submit an oral or written statement; and
(2) receive victim support services as necessary to help the victim submit a statement and participate in the clemency process.
(a) At least 60 calendar days before the commission meeting at which the application will be heard, the commission must:
(1) notify the sentencing judge and prosecuting attorney, or their successors, of the application;
(2) provide a copy of the application to the judge and attorney; and
(3) solicit the judge's and attorney's written statements on whether to grant clemency.
(b) Unless otherwise provided in this chapter, "law enforcement agency" includes the sentencing judge and prosecuting attorney or their successors.
At least 30 calendar days before the commission meeting at which the application will be heard, the commission must publish notice of an application in a qualified newspaper of general circulation in the county in which the applicant's crime occurred.
638.10 CLEMENCY APPLICATION.
A clemency application must:
(1) be in writing;
(2) be signed under oath by the applicant; and
(3) state the clemency sought, state why the clemency should be granted, and contain the following information and any additional information that the commission or board requires:
(i) the applicant's name, address, and date and place of birth, and every alias by which the applicant is or has been known;
(ii) the applicant's demographic information, including race, ethnicity, gender, disability status, and age, only if voluntarily reported;
(iii) the applicant's convicted crime for which clemency is requested, the date and county of conviction, the sentence imposed, and the sentence's expiration or discharge date;
(iv) the names of the sentencing judge, the prosecuting attorney, and any victims of the crime;
(v) a brief description of the crime and the applicant's age at the time of the crime;
(vi) the date and outcome of any prior clemency application, including any application submitted before July 1, 2024;
(vii) to the best of the applicant's knowledge, a statement of any past criminal conviction and any pending criminal charge or investigation;
(viii) for an applicant under the department's custody, a statement describing the applicant's reentry plan should clemency be granted; and
(ix) an applicant statement acknowledging and consenting to the disclosure to the commission, board, and public of any private data on the applicant in the application or in any other record relating to the clemency being sought, including conviction and arrest records.
(a) An application must be made on a commission-approved form or forms and filed with the commission by commission-prescribed deadlines. The commission must consult with the board on the forms and deadlines.
(b) The application must include language informing the applicant that the board and the commission will consider any and all past convictions and that the applicant may provide information about the convictions.
The commission must review an application for completeness. An incomplete application must be returned to the applicant, who may then provide the missing information and resubmit the application within a commission-prescribed period.
After the commission's initial investigation of a clemency application, the commission must notify the applicant of the scheduled date, time, and location that the applicant must appear before the commission for a meeting under section 638.14.
Each board and commission member must have equal access to information under this chapter that is used when making a clemency decision.
641.165 CONTRABAND ARTICLES FORBIDDEN; PENALTY.
"Contraband" is any controlled substance as defined in section 152.01, subdivision 4, or any intoxicating or alcoholic liquor or malt beverage.
(a) Whoever introduces or in any manner causes the introduction of contraband, as defined in subdivision 1, into any jail, lockup, or correctional facility, as defined in section 241.021, subdivision 1, without the consent of the person in charge, or is found in possession of contraband while within the facility or upon the grounds thereof, is guilty of a gross misdemeanor.
(b) Whoever introduces or in any manner causes the introduction of a dangerous weapon, as defined in section 609.02, subdivision 6, into any jail, lockup, or correctional facility, as defined in section 241.021, subdivision 1, without the consent of the person in charge, or is found in possession of a dangerous weapon while within the facility or upon the grounds thereof, is guilty of a felony and, upon conviction, may be sentenced to imprisonment for not more than five years.
The provisions of this section shall not apply to physicians carrying drugs into such institutions for use in the practice of their profession, nor to peace officers carrying revolvers or firearms in the discharge of their duties.
638.13 ACCESS TO RECORDS; ISSUING SUBPOENA.
(a) Notwithstanding chapter 13 or any other law to the contrary, upon receiving a clemency application, the board or commission may request and obtain any relevant reports, data, and other information from state courts, law enforcement agencies, or state agencies. The board and the commission must have access to all relevant sealed or otherwise inaccessible court records, presentence investigation reports, police reports, criminal history reports, prison records, and any other relevant information.
(b) State courts, law enforcement agencies, and state agencies must promptly respond to record requests from the board or the commission.
The board or the commission may issue a subpoena requiring the presence of any person before the commission or board and the production of papers, records, and exhibits in any pending matter. When a person is summoned before the commission or the board, the person may be allowed compensation for travel and attendance as the commission or the board considers reasonable.
641.18 SECURE CONFINEMENT.
When any prisoner is unruly or disobeys any regulation for the management of jails, the prisoner may be kept in secure confinement as provided in section 641.09.
638.23 RULEMAKING.
(a) The board and commission may jointly adopt rules, including amending Minnesota Rules, chapter 6600, to:
(1) enforce their powers and duties under this chapter and ensure the efficient processing of applications; and
(2) establish a process for expedited review of applications requesting clemency for a nonviolent crime.
(b) A rule adopted under paragraph (a), clause (2), must specify the types of nonviolent crimes eligible for expedited review and the level of support needed from the sentencing judge or successor, the prosecuting attorney or successor, and any victims of the crime for the board to consider the application under the expedited review process.
(c) The time limit to adopt rules under section 14.125 does not apply.
642.04 PRISONERS SENT TO JAILS OUTSIDE CITY.
When, in any statutory or home rule charter city, no jail exists, which in the judgment of the city council, or other governing body, is sufficient or suitable for the detention of persons lawfully under arrest in the city, the council, or other governing body, may cause persons lawfully arrested to be detained in any city or county or county regional jail or lockup in the same or in an adjoining county; provided, that that detention shall be with the consent of the city or county or regional jail board operating the jail where the persons are detained, and that there shall be paid to the city or county or regional jail board the necessary cost and expense which may be incident to taking care of persons while they are lawfully detained or imprisoned.
642.05 LAWFUL CUSTODY OF PERSON.
The detention or imprisonment of any person lawfully arrested in one city but detained or imprisoned in another under the provisions of this section and section 642.04 shall in no manner jeopardize the lawful custody or detention of such person.
643.02 PROCEDURE OF DISTRICT COURT JUDGE IN CHARGE AND DUTY OF SHERIFF.
When any district court judge shall make an order for the transfer of any prisoner as provided in section 643.01, the order shall be made in duplicate by the judge, shall recite therein the name of the court by which the prisoner was sentenced or convicted, the date of sentence or conviction, the general nature of the offense for which sentenced or convicted, the length of the original sentence and the length of the sentence still remaining or the sentencing date if known, and any other facts that will furnish material information regarding the case, and shall direct the superintendent or other keeper of the workhouse, correctional or work farm, or sheriff or other keeper of the county jail to safely keep the prisoner at hard labor for the remainder of the original term of sentence, or until further sentencing proceedings, as stated in the order, unless otherwise released according to law, or the parole rules and regulations of the workhouse, correctional or work farm, or county jail. Both of the orders for transfer of the prisoner to the workhouse, correctional or work farm, or county jail shall be filed forthwith with the sheriff or other keeper of the jail, or superintendent or other keeper of the workhouse, correctional or work farm and the sheriff or other keeper of the jail, or superintendent or other keeper of the workhouse, correctional or work farm shall thereupon retain one of the orders of transfer and shall without delay transfer and deliver the prisoner named in the order, together with the other of the duplicate orders for the transfer of the prisoner to the superintendent or other keeper of the workhouse, correctional or work farm, or sheriff or other keeper of the jail, who shall retain the order and safely keep the prisoner named therein for the remainder of the sentence at hard labor or until further sentencing proceedings, as specified in the order, unless otherwise released as hereinbefore provided. The order for transfer of any prisoner, as hereinbefore mentioned, shall have the same force and effect as the writ of commitment issued by the court which sentenced the prisoner in the first instance or as the order for confinement issued by the court in the first instance, and in addition shall be full authority for the holding and keeping of the prisoner by the superintendent or other keeper of the workhouse, correctional or work farm, or the sheriff or other keeper of the jail, and for the prisoner's apprehension by any peace officer in case of the escape of the prisoner from the workhouse, correctional or work farm, or county jail. On the request of any district court judge of the district in which the workhouse, correctional or work farm, and county jail are located, the sheriff of the county, or superintendent, shall without delay furnish a copy to the judge of any commitment or order in the sheriff's or superintendent's possession.
643.01 TRANSFER OF PRISONERS BETWEEN JAIL AND WORKHOUSE.
(a) In any county of this state in which there is now or shall be hereafter maintained by any county or by any city and county, a workhouse, correctional or work farm for the confinement of criminal offenders, and a county jail, any district court judge of the judicial district in which the county is situated, shall have the power, either of the judge's own motion, or on the application of the county attorney of the county, in accordance with written county policy approved by the commissioner of corrections, to order:
(1) any prisoner who shall be confined in the county jail under sentence, to be transferred and recommitted to the workhouse, correctional or work farm at hard labor, for the remainder of the term for which sentenced; or
(2) any prisoner who shall be confined in the workhouse, correctional or work farm under sentence, to be transferred and recommitted to the county jail for the remainder of the term for which sentenced; or
(3) any prisoner who shall be confined in the county jail, convicted and awaiting sentence, to be transferred to and confined in the workhouse, correctional or work farm while awaiting sentence.
Transferred prisoners are subject to the rules and discipline of the confining institution. Transportation of prisoners is the responsibility of the sending institution.
(b) Upon agreement by a county sheriff and an administrator of a workhouse on conditions of transference and confinement, including payment of prisoner per diems, any prisoner in the custody of the county sheriff under pretrial status may be transferred to and confined in the workhouse.
642.06 COUNTY JAIL; USE BY CITY OF FIRST CLASS.
Any city of the first class in this state, now or hereafter operating under a home rule charter, and now or hereafter containing a city hall building on land contiguous to the county courthouse and jail grounds, may enter into contract with the county in which such city is located, for the furnishing to such city by such county of jail facilities in the county jail building for the care of persons who are usually confined in the city jail and for the furnishing of heating and lighting service to such city, and for the construction and maintenance of a tunnel connecting the courthouse, county jail, and city hall buildings, for use as a passageway between these buildings and for other public purposes, upon such terms and conditions, for such consideration, and for such period of time not exceeding five years at a time, with right of successive renewals as shall be agreed upon between the county board of such county and the city council of such city, acting for their respective political subdivisions.
The sheriff of any such county shall accept and hold in any such county jail building any person placed under arrest by the city police department and delivered to the sheriff for incarceration in the county jail. The city shall pay the county for the care and detention of each such prisoner such amount as shall be fixed by the county board but not in excess of the actual cost.
642.13 PENALTIES.
Every sheriff, jailer, police officer, or other officer or person in charge of any jail or lockup who shall violate any preceding provision of this chapter shall, for each such violation, be guilty of a misdemeanor, and on a second conviction shall be adjudged to be incapable of holding the office of sheriff, jailer, police officer, or keeper of any jail or lockup, as the case may be, for the period of six years.
642.07 CHIEF OF POLICE; DUTIES.
The chief of police shall cause every lockup under the chief's care, and the bedding therein, to be kept clean, wholesome, and free from vermin. The lockup shall be kept in good repair and maintained so as to protect the health, comfort, safety, and well-being of inmates and staff. Each chief of police shall keep a permanent record of all persons committed to the lockup, and all persons admitted as lodgers therein, in the form prescribed by the commissioner of corrections. Any peace officer placing a person in the lockup shall report immediately to the officer's superior concerning the fact of the placement.