reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.13 — Intensive Community Supervision And Intensive Supervised Release.

244.13 INTENSIVE COMMUNITY SUPERVISION AND INTENSIVE SUPERVISED RELEASE.
Subdivision 1.
Establishment.
The commissioner of corrections shall establish programs for those designated by the commissioner to serve all or part of a sentence on intensive community supervision or all or part of a supervised release or parole term on intensive supervised release. The adoption and modification of policies and procedures to implement sections 244.05, subdivision 6, and 244.12 to 244.15 are not subject to the rulemaking procedures of chapter 14 because these policies and procedures are excluded from the definition of a rule under section 14.03, subdivision 3, paragraph (b), clause (1). The commissioner shall locate the programs so that at least one-half of the money appropriated for the programs in each year is used for programs in Community Corrections Act counties. In awarding contracts for intensive supervision programs in Community Corrections Act counties, the commissioner shall give first priority to programs that utilize county employees as intensive supervision agents and shall give second priority to programs that utilize state employees as intensive supervision agents. The commissioner may award contracts to other providers in Community Corrections Act counties only if doing so will result in a significant cost savings or a significant increase in the quality of services provided, and only after notifying the chairs of the committees in the senate and house of representatives with jurisdiction over criminal justice policy.
Subd. 2.
Training.
The commissioner shall develop specialized training programs for intensive supervision agents assigned to the intensive community supervision and intensive supervised release programs. The agent caseload shall not exceed the ratio of 30 offenders to two intensive supervision agents. An intensive supervision agent must have qualifications comparable to those for a state corrections agent.
Subd. 3.
Evaluation.
The commissioner shall develop a system for gathering and analyzing information concerning the value and effectiveness of the intensive community supervision and intensive supervised release programs.
Subd. 4.
Definition.
For purposes of section 244.05, subdivision 6, and sections 244.12 to 244.15, "intensive supervision agent" means a probation officer, a corrections agent, or any other qualified person employed in supervising offenders serving a period of intensive community supervision or intensive supervised release.
History:
1990 c 568 art 2 s 34; 1991 c 258 s 3; 1994 c 636 art 6 s 17,18; 1997 c 7 art 2 s 32; 1997 c 187 art 2 s 9; 2003 c 2 art 1 s 24
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.16 — Day-fines.

244.16 DAY-FINES.
Subdivision 1.
Model system.
The Sentencing Guidelines Commission shall develop a model day-fine system. The commission shall report its model system to the legislature by February 1, 1993. Upon request of a judicial district, the commission may establish one pilot project for the development of a day-fine system.
Subd. 2.
Components.
A day-fine system adopted under this section must provide for a two-step sentencing procedure for those receiving a fine as part of a probationary felony, gross misdemeanor, or misdemeanor sentence. In the first step, the court determines how many punishment points a person will receive, taking into account the severity of the offense and the criminal history of the offender. The second step is to multiply the punishment points by a factor that accounts for the offender's financial circumstances. The goal of the system is to provide a fine that is proportional to the seriousness of the offense and largely equal in impact among offenders with different financial circumstances. The system may provide for community service in lieu of fines for offenders whose means are so limited that the payment of a fine would be unlikely.
History:
1990 c 568 art 2 s 102; 1991 c 292 art 8 s 6
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.172 — Challenge Incarceration Program; Phases I To Iii.

244.172 CHALLENGE INCARCERATION PROGRAM; PHASES I TO III.
Subdivision 1.
Phase I.
Phase I of the program lasts at least six months. The offender must be confined at the Minnesota Correctional Facility - Willow River/Moose Lake, the Minnesota Correctional Facility - Togo, or the Minnesota Correctional Facility - Shakopee and must successfully participate in all intensive treatment, education, and work programs required by the commissioner. The offender must also submit on demand to random drug and alcohol testing at time intervals set by the commissioner. Throughout phase I, the commissioner must severely restrict the offender's telephone and visitor privileges.
Subd. 2.
Phase II.
Phase II of the program lasts at least six months. The offender shall serve this phase of the offender's sentence in an intensive supervision and surveillance program established by the commissioner. The commissioner may impose such requirements on the offender as are necessary to carry out the goals of the program. Throughout phase II, the offender must be required to submit to drug and alcohol tests randomly or for cause, on demand of the supervising agent. The commissioner shall also require the offender to report daily to a challenge incarceration agent or program staff.
Subd. 3.
Phase III.
Phase III continues until the commissioner determines that the offender has successfully completed the program or until the offender's sentence, minus jail credit, expires, whichever comes first. If an offender successfully completes phase III of the challenge incarceration program before the offender's sentence expires, the offender shall be placed on supervised release for the remainder of the sentence. The commissioner shall set the level of the offender's supervision based on the public risk presented by the offender.
History:
1992 c 513 art 9 s 5; 1992 c 571 art 11 s 7,17; 1993 c 326 art 8 s 11,12; 1994 c 636 art 6 s 20; 1996 c 408 art 8 s 7; 2000 c 299 s 5; 2009 c 83 art 3 s 14; 2023 c 52 art 11 s 23
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.173 — Challenge Incarceration Program; Evaluation And Report.

244.173 CHALLENGE INCARCERATION PROGRAM; EVALUATION AND REPORT.
The commissioner shall develop a system for gathering and analyzing information concerning the value and effectiveness of the challenge incarceration program.
History:
1992 c 513 art 9 s 6; 1992 c 571 art 11 s 8,17; 1994 c 636 art 6 s 21; 2001 c 210 s 16
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.195 — Definitions.

244.195 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of sections 244.195 to 244.24, the terms defined in this section have the meanings given them.
Subd. 2.
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 5]
Subd. 3.
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 5]
Subd. 4.
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 5]
Subd. 5.
[Repealed, 2009 c 59 art 4 s 9]
Subd. 6.
Commissioner.
"Commissioner" means the commissioner of corrections.
Subd. 7.
Detain.
"Detain" means to take into actual custody, including custody within a local correctional facility.
Subd. 8.
Probation.
"Probation" has the meaning given in section 609.02, subdivision 15.
Subd. 9.
Probation agency.
"Probation agency" means an entity supervising an individual on probation, which may include the Department of Corrections field services or an agency, including a Tribal Nation, organized under section 244.19 or chapter 401.
Subd. 10.
Probation officer.
"Probation officer" means a county or Tribal probation officer or community supervision officer employed by a probation agency.
Subd. 11.
Probation violation sanction.
"Probation violation sanction":
(1) includes but is not limited to electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, substance use disorder or mental health treatment or counseling, community work service, remote electronic alcohol monitoring, random drug testing, and participation in an educational or restorative justice program; and
(2) does not include any type of custodial sanction, including but not limited to detention and incarceration.
Subd. 12.
Release.
"Release" means to release from actual custody.
Subd. 13.
Sanctions conference.
"Sanctions conference" means a voluntary conference at which a probation officer; an individual on probation; and, if appropriate, other interested parties meet to discuss the probation violation sanction imposed because of the individual's technical violation.
Subd. 14.
Sanctions conference form.
"Sanctions conference form" means a plain-language form developed by a probation agency with the approval of the district court that explains the sanctions conference and that the individual on probation may elect to participate in the sanctions conference or proceed to a judicial hearing.
Subd. 15.
Technical violation.
"Technical violation" means any violation of a court order of probation, except an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or petition.
History:
1998 c 367 art 7 s 3; 2007 c 13 art 3 s 37; 2009 c 59 art 4 s 1-3; 2023 c 52 art 17 s 5
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.197 — Initiating Sanctions Conference.

244.197 INITIATING SANCTIONS CONFERENCE.
Subdivision 1.
Authority; scope.
(a) Unless the district court directs otherwise, a probation agency may use a sanctions conference to address a technical violation of an individual on probation. If a sanctions conference is used, sections 244.197 to 244.1995 apply.
(b) Sections 244.197 to 244.1995 apply to both adults and juveniles on probation.
Subd. 2.
Violation notice.
(a) If a probation agency has reason to believe that an individual on probation has committed a technical violation, the agency must:
(1) notify the individual in writing of the specific nature of the technical violation; and
(2) schedule a sanctions conference.
(b) The notice must also state that if the individual on probation fails to appear at the sanctions conference, the probation agency may apprehend and detain the individual under section 244.1951 and ask the court to initiate revocation proceedings under section 609.14 and rule 27.04 of the Rules of Criminal Procedure.
(c) To the extent feasible, the sanctions conference must take place within seven days after the individual on probation is mailed the notice. The notice must include the conference's date, time, and location.
Subd. 3.
Providing sanctions conference form; signed stipulation.
At a sanctions conference, a probation officer must provide the individual on probation with a copy of a sanctions conference form. The individual must:
(1) stipulate in writing that the individual:
(i) has received a copy of the sanctions conference form; and
(ii) understands the information in the form and the options available to the individual; and
(2) declare in writing whether the individual will participate in the sanctions conference or proceed with a judicial hearing.
History:
1Sp2003 c 2 art 6 s 2; 2023 c 52 art 17 s 7
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.198 — Participating In Sanctions Conference.

244.198 PARTICIPATING IN SANCTIONS CONFERENCE.
Subdivision 1.
Electing to participate.
If an individual on probation elects to participate in the sanctions conference, the individual's probation officer must inform the individual:
(1) orally, in writing, and in a language and manner that the individual can understand of the probation violation sanction that the probation officer is recommending for the technical violation; and
(2) that the probation violation sanction becomes effective when confirmed by a district court judge.
Subd. 1a.
Alternatives to incarceration.
(a) At a sanctions conference for a nonviolent controlled substance offender, a probation agency must identify community options to address and correct an offender's technical violation only if:
(1) the offender does not present a risk to the public; and
(2) the offender is amenable to continued supervision in the community.
(b) If the probation agency determines that community options are appropriate and available in the state, the probation officer must recommend a probation violation sanction that incorporates the community options.
(c) For purposes of this subdivision, "nonviolent controlled substance offender" means an individual who meets the criteria under section 244.0513, subdivision 2, clauses (1), (2), and (5).
Subd. 2.
Report to district court.
(a) If an individual on probation elects to participate in the sanctions conference, the probation officer conducting the sanctions conference must provide a report to the district court containing:
(1) the specific nature of the technical violation;
(2) the notice provided to the individual under section 244.197, subdivision 2;
(3) a copy of the individual's signed stipulation and declaration under section 244.197, subdivision 3; and
(4) the recommended probation violation sanction under subdivision 1 or 1a.
(b) The recommended probation violation sanction is effective when confirmed by a judge, and the order of the court is proof of confirmation.
Subd. 3.
Response to district court action.
(a) If a probation officer receives a judge's confirmed order, the officer must notify both the individual on probation and the prosecuting authority in writing that the court has approved the probation violation sanction.
(b) If the court does not confirm the officer's recommendation:
(1) the probation violation sanction does not go into effect;
(2) the probation officer must notify the individual on probation that the court has not confirmed the sanction; and
(3) the probation officer may ask the court to initiate revocation proceedings under section 609.14.
Subd. 4.
Appeal.
An individual on probation may appeal the judge's confirmation of the probation violation sanction as provided in rule 28.05 of the Rules of Criminal Procedure.
History:
1Sp2003 c 2 art 6 s 3; 2017 c 95 art 3 s 9; 2022 c 98 art 4 s 51; 2023 c 52 art 17 s 8
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.199 — Electing Not To Participate.

244.199 ELECTING NOT TO PARTICIPATE.
If an individual on probation elects not to participate in the sanctions conference, the probation officer may:
(1) ask the court to initiate revocation proceedings or refer the matter to the appropriate prosecuting authority for action under section 609.14; or
(2) take action to apprehend and detain the individual under section 244.1951.
History:
1Sp2003 c 2 art 6 s 4; 2023 c 52 art 17 s 9
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.1995 — Sanctions Conference Procedures.

244.1995 SANCTIONS CONFERENCE PROCEDURES.
The chief executive officer of a probation agency, with approval of the district court, must develop procedures for the sanctions conference under sections 244.197 to 244.199 and develop a sanctions conference form that includes notice to the individual on probation:
(1) of the specific court-ordered condition of probation that the individual has allegedly violated, the probation officer's authority to ask the court to revoke the individual's probation for the technical violation, and the individual's right to elect to participate in a sanctions conference to address the technical violation in lieu of the probation officer asking the court to revoke the individual's probation;
(2) that participation in the sanctions conference is in lieu of a court hearing under section 609.14 and that if the individual elects to participate in the sanctions conference, the individual must admit, or agree not to contest, the alleged technical violation and must waive the right to contest the violation at a judicial hearing, present evidence, call witnesses, cross-examine the state's witnesses, and be represented by counsel;
(3) that, if the individual chooses, the individual is entitled to a hearing before the court under section 609.14 for a determination of whether the individual committed the alleged violation, including the right to be present at the hearing, to cross-examine witnesses, to have witnesses subpoenaed for the individual, to have an attorney present or to have an attorney appointed if the individual cannot afford one, and to require the state to prove the allegations against the individual;
(4) that if, after a hearing, the court finds that the violations have been proven, the court may continue the sentence, subject to the same, modified, or additional conditions, or order a sanction that may include incarceration, additional fines, revocation of the stay of sentence, imposition of sentence, or other sanctions;
(5) that the decision to participate in the sanctions conference will not result in the probation officer recommending revocation of the individual's stay of sentence unless the individual subsequently fails to successfully complete the probation violation sanction by a specified date;
(6) that various types of probation violation sanctions may be imposed and that the probation violation sanctions imposed on the individual will depend on the nature of the individual's technical violation, criminal history, and level of supervision;
(7) that the probation violation sanctions supplement any existing conditions of probation; and
(8) that participation in the sanctions conference requires completing all probation violation sanctions imposed by the probation agency and that failing to successfully complete any imposed probation violation sanction could result in additional sanctions or initiation of revocation proceedings under section 609.14.
History:
1Sp2003 c 2 art 6 s 6; 2023 c 52 art 17 s 10
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.20 — Probation; Felony Supervision.

244.20 PROBATION; FELONY SUPERVISION.
Notwithstanding sections 244.19, subdivisions 1 to 1d, and 609.135, subdivision 1, the Department of Corrections:
(1) has exclusive responsibility for providing probation services for adult felons in counties and Tribal Nations that do not take part in the Community Corrections Act subsidy program under chapter 401; and
(2) to provide felony supervision, retains the county's or Tribal Nation's funding allotted under section 401.10 for providing felony probation services.
History:
1997 c 239 art 9 s 27,51; 2023 c 52 art 17 s 11
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.21 — Information On Individuals On Probation; Reports.

244.21 INFORMATION ON INDIVIDUALS ON PROBATION; REPORTS.
Subdivision 1.
Collecting information by probation service providers; report required.
(a) Probation service providers must collect and maintain information on individuals on probation, and the commissioner of corrections must specify the nature and extent of the information to be collected and made available to the commissioner.
(b) As a condition of state subsidy funding under section 401.10, each probation agency must by April 1 each year report:
(1) a summary of the information collected to the commissioner under paragraph (a); and
(2) any other probation- and supervision-related data necessary for the Department of Corrections' mandated legislative reports.
Subd. 2.
Commissioner of corrections; report.
By January 15 each year, the commissioner must report to the chairs of the legislative committees with jurisdiction over public safety policy and finance on recommended methods of coordinating the exchange of information collected on individuals on probation under subdivision 1:
(1) between probation service providers; and
(2) between probation service providers and the Department of Corrections.
History:
1997 c 239 art 9 s 28; 2023 c 52 art 17 s 12
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.24 — Assessing Risk For Individuals On Probation.

244.24 ASSESSING RISK FOR INDIVIDUALS ON PROBATION.
All probation agencies must adopt written policies for assessing risk levels for individuals on probation. A probation agency must use a risk screener and risk and needs assessment tools as prescribed by its written policies.
History:
1997 c 239 art 9 s 30; 2023 c 52 art 17 s 13
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.30 — Cap On Incarceration For First-time Supervised Release Violations; Exception For Sex Offenders.

244.30 CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
(a) If the commissioner revokes the supervised release of a person whose release on the current offense has not previously been revoked, the commissioner may order the person to be incarcerated for no more than 90 days or until the expiration of the person's sentence, whichever is less.
(b) This section does not apply to offenders on supervised release for a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
(c) The commissioner may order a person described in this section to be incarcerated for more than 90 days if the commissioner determines that substantial and compelling reasons exist to believe that the longer incarceration period is necessary to protect the public.
History:
2009 c 83 art 3 s 15
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.33 — Community Supervision; Targeted Innovation Grants.

244.33 COMMUNITY SUPERVISION; TARGETED INNOVATION GRANTS.
(a) The community supervision targeted innovation grant account is established in the special revenue fund in the state treasury. Appropriations and transfers to the account are credited to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, are credited to the account. Money remaining in the account at the end of the fiscal year is not canceled to the general fund but remains in the account until expended. Money in the account is annually appropriated to the commissioner.
(b) The commissioner must award grants to applicants that operate, or intend to operate, innovative programs that target specific aspects of community supervision that align with risk, need, and responsivity principles. When awarding grants, the commissioner must seek to ensure geographical and equitable representation across the state. The programs may include but are not limited to:
(1) access to community treatment options to address and correct behavior that is, or is likely to result in, a technical violation of the conditions of supervision or release;
(2) reentry services;
(3) restorative justice;
(4) juvenile diversion;
(5) family-centered approaches to supervision;
(6) funding the cost to implement programming and support services that decrease an individual's level of risk for continued recidivism or revocation based on interventions found effective through research-guided practices; and
(7) alternatives to incarceration programs.
(c) Grant recipients must provide an annual report to the commissioner that includes:
(1) the services provided by the grant recipient;
(2) the number of individuals served in the previous year and their supervision and risk assessment levels;
(3) measurable outcomes of the recipient's program; and
(4) any other information required by the commissioner.
(d) By January 15, 2025, and each year thereafter, the commissioner must report to the chairs and ranking minority members of the legislative committees with jurisdiction over criminal justice policy and finance on how the grant funding in this section was used. The report must detail the impact that the funding had on improving community supervision practices and outcomes.
(e) For any appropriation under this section, the commissioner may use up to five percent of the appropriation to administer the grants.
History:
2023 c 52 art 17 s 14
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.40 — Minnesota Rehabilitation And Reinvestment Act.

244.40 MINNESOTA REHABILITATION AND REINVESTMENT ACT.
Sections 244.40 to 244.51 may be cited as the "Minnesota Rehabilitation and Reinvestment Act."
History:
2023 c 52 art 12 s 3
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.42 — Comprehensive Assessment And Individualized Rehabilitation Plan Required.

244.42 COMPREHENSIVE ASSESSMENT AND INDIVIDUALIZED REHABILITATION PLAN REQUIRED.
Subdivision 1.
Comprehensive assessment.
(a) The commissioner must develop a comprehensive assessment process for each person who:
(1) is committed to the commissioner's custody and confined in a state correctional facility on or after January 1, 2025; and
(2) has 365 or more days remaining until the person's scheduled supervised release date or parole eligibility date.
(b) As part of the assessment process, the commissioner must take into account appropriate rehabilitative programs under section 244.03.
Subd. 2.
Individualized rehabilitation plan.
After completing the assessment process, the commissioner must ensure the development of an individualized rehabilitation plan, along with identified goals, for every person committed to the commissioner's custody. The individualized rehabilitation plan must be holistic in nature by identifying intended outcomes for addressing:
(1) the incarcerated person's needs and risk factors;
(2) the person's identified strengths; and
(3) available and needed community supports, including victim safety considerations as required under section 244.47, if applicable.
Subd. 3.
Victim input.
(a) If an individual is committed to the commissioner's custody for a crime listed in section 609.02, subdivision 16, the commissioner must make reasonable efforts to notify a victim of the opportunity to provide input during the assessment and rehabilitation plan process. Victim input may include:
(1) a summary of victim concerns relative to release;
(2) concerns related to victim safety during the committed individual's term of imprisonment; or
(3) requests for imposing victim safety protocols as additional conditions of imprisonment or supervised release.
(b) The commissioner must consider all victim input statements when developing an individualized rehabilitation plan and establishing conditions governing confinement or release.
Subd. 4.
Transition and release plan.
For an incarcerated person with less than 365 days remaining until the person's supervised release date, the commissioner, in consultation with the incarcerated person, must develop a transition and release plan.
Subd. 5.
Scope of act.
This act is separate and distinct from other legislatively authorized release programs, including the challenge incarceration program, work release, conditional medical release, or the program for the conditional release of nonviolent controlled substance offenders.
History:
2023 c 52 art 12 s 5
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.43 — Earned Incentive Release Credit.

244.43 EARNED INCENTIVE RELEASE CREDIT.
Subdivision 1.
Policy for earned incentive release credit; stakeholder consultation.
(a) To encourage and support rehabilitation when consistent with the public interest and public safety, the commissioner must establish a policy providing for earned incentive release credit as a part of the term of imprisonment. The policy must be established in consultation with the following organizations:
(1) Minnesota County Attorneys Association;
(2) Minnesota Board of Public Defense;
(3) Minnesota Association of Community Corrections Act Counties;
(4) Minnesota Indian Women's Sexual Assault Coalition;
(5) Violence Free Minnesota;
(6) Minnesota Coalition Against Sexual Assault;
(7) Minnesota Alliance on Crime;
(8) Minnesota Sheriffs' Association;
(9) Minnesota Chiefs of Police Association;
(10) Minnesota Police and Peace Officers Association; and
(11) faith-based organizations that reflect the demographics of the incarcerated population.
(b) The policy must:
(1) provide circumstances upon which an incarcerated person may receive earned incentive release credits, including participation in rehabilitative programming under section 244.03; and
(2) address circumstances where:
(i) the capacity to provide rehabilitative programming in the correctional facility is diminished but the programming is available in the community; and
(ii) the conditions under which the incarcerated person could be released to the community-based resource but remain subject to commitment to the commissioner and could be considered for earned incentive release credit.
Subd. 2.
Policy on disparities.
The commissioner must develop a policy establishing a process for assessing and addressing any systemic and programmatic gender and racial disparities that may be identified when awarding earned incentive release credits.
History:
2023 c 52 art 12 s 6
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.44 — Applying Earned Incentive Release Credit.

244.44 APPLYING EARNED INCENTIVE RELEASE CREDIT.
Earned incentive release credits are included in calculating the term of imprisonment but are not added to the person's supervised release term, the total length of which remains unchanged. The maximum amount of earned incentive release credit that can be earned and subtracted from the term of imprisonment is 17 percent of the total executed sentence. Earned credit cannot reduce the term of imprisonment to less than one-half of the incarcerated person's executed sentence. Once earned, earned incentive release credits are nonrevocable.
History:
2023 c 52 art 12 s 7
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.45 — Ineligibility For Earned Incentive Release Credit.

244.45 INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.
The following individuals are ineligible for earned incentive release credit:
(1) those serving life sentences;
(2) those given indeterminate sentences for crimes committed on or before April 30, 1980; or
(3) those subject to good time under section 244.04 or similar laws.
History:
2023 c 52 art 12 s 8
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.46 — Earned Compliance Credit And Supervision Abatement Status.

244.46 EARNED COMPLIANCE CREDIT AND SUPERVISION ABATEMENT STATUS.
Subdivision 1.
Adopting policy for earned compliance credit; supervision abatement status.
(a) The commissioner must adopt a policy providing for earned compliance credit.
(b) Except as otherwise provided in the act, once the time served on active supervision plus earned compliance credits equals the total length of the supervised release term, the commissioner must place the individual on supervision abatement status for the remainder of the supervised release term.
Subd. 2.
Violating conditions of release; commissioner action.
If an individual violates the conditions of release while on supervision abatement status, the commissioner may:
(1) return the individual to active supervision for the remainder of the supervised release term, with or without modifying the conditions of release; or
(2) revoke the individual's supervised release in accordance with section 244.05, subdivision 3.
Subd. 3.
Supervision abatement status; requirements.
A person who is placed on supervision abatement status under this section must not be required to regularly report to a supervised release agent or pay a supervision fee but must continue to:
(1) obey all laws;
(2) report any new criminal charges; and
(3) abide by section 243.1605 before seeking written authorization to relocate to another state.
Subd. 4.
Applicability.
This section does not apply to individuals:
(1) serving life sentences;
(2) given indeterminate sentences for crimes committed on or before April 30, 1980; or
(3) subject to good time under section 244.04 or similar laws.
History:
2023 c 52 art 12 s 9
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.47 — Victim Input.

244.47 VICTIM INPUT.
Subdivision 1.
Notifying victim; victim input.
(a) If an individual is committed to the custody of the commissioner for a crime listed in section 609.02, subdivision 16, and is eligible for earned incentive release credit, the commissioner must make reasonable efforts to notify the victim that the committed individual is eligible for earned incentive release credit.
(b) Victim input may include:
(1) a summary of victim concerns relative to eligibility of earned incentive release credit;
(2) concerns related to victim safety during the committed individual's term of imprisonment; or
(3) requests for imposing victim safety protocols as additional conditions of imprisonment or supervised release.
Subd. 2.
Victim input statements.
The commissioner must consider victim input statements when establishing requirements governing conditions of release. The commissioner must provide the name and telephone number of the local victim agency serving the jurisdiction of release to any victim providing input on earned incentive release credit.
History:
2023 c 52 art 12 s 10
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.48 — Victim Notification.

244.48 VICTIM NOTIFICATION.
Nothing in this act limits any victim notification obligations of the commissioner required by statute related to a change in custody status, committing offense, end-of-confinement review, or notification registration.
History:
2023 c 52 art 12 s 11
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.49 — Interstate Compact.

244.49 INTERSTATE COMPACT.
(a) This section applies to a person serving a Minnesota sentence while being supervised in another state according to the Interstate Compact for Adult Supervision.
(b) As may be allowed under section 243.1605, a person may be eligible for supervision abatement status according to the act only if they meet eligibility criteria for earned compliance credit as established under section 244.46.
History:
2023 c 52 art 12 s 12
2023 Minnesota Statutes › Chapters 241 - 244 — Corrections › Chapter 244 — Criminal Sentences, Release › Section 244.50 — Reallocating Earned Incentive Release Savings.

244.50 REALLOCATING EARNED INCENTIVE RELEASE SAVINGS.
Subdivision 1.
Establishing reallocation revenue account.
The reallocation of earned incentive release savings account is established in the special revenue fund in the state treasury. Funds in the account are appropriated to the commissioner and must be expended in accordance with the allocation established in subdivision 4 after the requirements of subdivision 2 are met. Funds in the account are available until expended.
Subd. 2.
Certifying earned incentive release savings.
On or before the final closeout date of each fiscal year, the commissioner must certify to Minnesota Management and Budget the earned incentive release savings from the previous fiscal year. The commissioner must provide the detailed calculation substantiating the savings amount, including accounting-system-generated data where possible, supporting the direct-cost per diem and the incarcerated days saved.
Subd. 3.
Savings to be transferred to reallocation revenue account.
After the certification in subdivision 2 is completed, the commissioner must transfer funds from the appropriation from which the savings occurred to the reallocation revenue account according to the allocation in subdivision 4. Transfers must occur by September 1 each year.
Subd. 4.
Distributing reallocation funds.
The commissioner must distribute funds as follows:
(1) 25 percent must be transferred to the Office of Justice Programs in the Department of Public Safety for crime victim services;
(2) 25 percent must be transferred to the Community Corrections Act subsidy appropriation and to the Department of Corrections for supervised release and intensive supervision services, based upon a three-year average of the release jurisdiction of supervised releasees and intensive supervised releasees across the state;
(3) 25 percent must be transferred to the Department of Corrections for:
(i) grants to develop and invest in community-based services that support the identified needs of correctionally involved individuals or individuals at risk of becoming involved in the criminal justice system; and
(ii) sustaining the operation of evidence-based programming in state and local correctional facilities; and
(4) 25 percent must be transferred to the general fund.
History:
2023 c 52 art 12 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.03 — Department Of Human Services Established; Commissioner.

245.03 DEPARTMENT OF HUMAN SERVICES ESTABLISHED; COMMISSIONER.
Subdivision 1.
Establishment.
There is created a Department of Human Services. A commissioner of human services shall be appointed by the governor under the provisions of section 15.06. The commissioner shall be selected on the basis of ability and experience in welfare and without regard to political affiliations. The commissioner may appoint up to two deputy commissioners.
Subd. 2.
Mission; efficiency.
It is part of the department's mission that within the department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and operate the department as efficiently as possible, including the authority to consolidate different nonentitlement grant programs, having similar functions or serving similar populations, as may be determined by the commissioner, while protecting the original purposes of the programs. Nonentitlement grant funds consolidated by the commissioner shall be reflected in the department's biennial budget. With approval of the commissioner, vendors who are eligible for funding from any of the commissioner's granting authority under section 256.01, subdivision 2, paragraph (a), clause (6), may submit a single application for a grant agreement including multiple awards;
(3) coordinate the department's activities wherever appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the mission and improve the performance of the department.
History:
1953 c 593 s 1; 1965 c 45 s 17; 1969 c 1129 art 8 s 6; 1977 c 305 s 30; 1984 c 654 art 5 s 58; 1995 c 248 art 11 s 18; 1997 c 203 art 9 s 2; 1998 c 366 s 64; 2013 c 108 art 6 s 1; 2015 c 78 art 4 s 61
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.0313 — Aid To Persons With Disabilities.

245.0313 AID TO PERSONS WITH DISABILITIES.
Notwithstanding any provision of law to the contrary, the cost of care not met by federal funds for any developmentally disabled patient eligible for the medical assistance program or the Supplemental Security Income for the aged, blind and disabled program in institutions under the control of the commissioner of human services shall be paid by the state and county in the same proportion as provided in section 256B.19 for division of costs.
History:
1969 c 1136 s 23 subd 2; 1971 c 961 s 20; 1973 c 717 s 10; 1981 c 360 art 2 s 13; 1984 c 654 art 5 s 58; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.035 — Interview Expenses.

245.035 INTERVIEW EXPENSES.
Job applicants for professional, administrative, or highly technical positions recruited by the commissioner of human services may be reimbursed for necessary travel expenses to and from interviews arranged by the commissioner of human services.
History:
1976 c 163 s 42; 1984 c 654 art 5 s 58
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.036 — Leases For State-operated, Community-based Programs.

245.036 LEASES FOR STATE-OPERATED, COMMUNITY-BASED PROGRAMS.
(a) Notwithstanding section 16B.24, subdivision 6, paragraph (a), or any other law to the contrary, the commissioner of administration may lease land or other premises to provide state-operated, community-based programs authorized by sections 246.014, paragraph (a), and 252.50 for a term of 20 years or less, with a ten-year or less option to renew, subject to cancellation upon 30 days' notice by the state for any reason, except rental of other land or premises for the same use.
(b) The commissioner of administration may also lease land or premises from political subdivisions of the state to provide state-operated, community-based programs authorized by sections 246.014, paragraph (a), and 252.50 for a term of 20 years or less, with a ten-year or less option to renew. A lease under this paragraph may be canceled only due to the lack of a legislative appropriation for the program.
History:
1990 c 568 art 2 s 37; 2005 c 20 art 1 s 37; 2006 c 258 s 38; 2013 c 59 art 2 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.037 — Money Collected As Rent; State Property.

245.037 MONEY COLLECTED AS RENT; STATE PROPERTY.
(a) Notwithstanding any law to the contrary, money collected as rent under section 16B.24, subdivision 5, for state property at any of the regional treatment centers or state nursing home facilities administered by the commissioner of human services is dedicated to the regional treatment center or state nursing home from which it is generated. Any balance remaining at the end of the fiscal year shall not cancel and is available until expended.
(b) The commissioner may lease out any buildings or portions of buildings, units, or lands acquired by the department that are not needed for the uses and purposes of the department. Such authority to lease out buildings, units, and lands includes authority to lease to employees of the department, notwithstanding section 16B.24, subdivision 5, paragraph (c). The commissioner may set the prices and terms and conditions for leases under this paragraph and shall not make any such lease for a term of more than five years. All money received from leases under this paragraph shall be credited to the fund from which the property was acquired or through which the property is being maintained. Money credited for leased property maintenance is appropriated to the commissioner for that purpose.
(c) The commissioner may lease out any buildings or portions of buildings, units, or lands acquired by the department to clients and employees of the department for the provision of community-based services, notwithstanding section 16B.24, subdivision 5, paragraph (c). The commissioner may set the prices and terms and conditions for leases under this paragraph, and shall not make any such lease for a term of more than five years. All money received from leases under this paragraph shall be credited to the fund from which the property was acquired or through which the property is being maintained. Money credited for leased property maintenance is appropriated to the commissioner for that purpose.
History:
1Sp1993 c 1 art 7 s 1; 2023 c 61 art 8 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.041 — Provision Of Firearms And Explosives Background Check Information.

245.041 PROVISION OF FIREARMS AND EXPLOSIVES BACKGROUND CHECK INFORMATION.
Notwithstanding section 253B.23, subdivision 9, the commissioner of human services shall provide commitment information to local law enforcement agencies on an individual request basis by means of electronic data transfer from the Department of Human Services through the Minnesota Crime Information System for the sole purpose of facilitating a firearms background check under section 624.7131, 624.7132, or 624.714, or an explosives background check under section 299F.73, 299F.74, 299F.75, 299F.77, or 299F.785. The information to be provided is limited to whether the person has been committed under chapter 253B and, if so, the type of commitment.
History:
1994 c 618 art 1 s 26; 1994 c 636 art 3 s 2; 1995 c 207 art 8 s 1; 2012 c 266 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.073 — Technical Training; Community-based Programs.

245.073 TECHNICAL TRAINING; COMMUNITY-BASED PROGRAMS.
In conjunction with the discharge of persons from regional treatment centers and their admission to state-operated and privately operated community-based programs, the commissioner may provide technical training assistance to the community-based programs. The commissioner may apply for and accept money from any source including reimbursement charges from the community-based programs for reasonable costs of training. Money received must be deposited in the general fund and is appropriated annually to the commissioner of human services for training under this section.
History:
1989 c 282 art 6 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.096 — Changes To Grant Programs.

245.096 CHANGES TO GRANT PROGRAMS.
Prior to implementing any substantial changes to a grant funding formula disbursed through allocations administered by the commissioner, the commissioner must provide a report on the nature of the changes, the effect the changes will have, whether any funding will change, and other relevant information, to the chairs and ranking minority members of the legislative committees with jurisdiction over human services. The report must be provided prior to the start of a regular session, and the proposed changes cannot be implemented until after the adjournment of that regular session.
History:
2022 c 99 art 1 s 5