Bill Text: MN HF2540 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Corrections; sentence of life with release established when juveniles commit a heinous crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-27 - Introduction and first reading, referred to Early Childhood and Youth Development Policy [HF2540 Detail]
Download: Minnesota-2013-HF2540-Introduced.html
1.2relating to judiciary; establishing a sentence of life with release when certain
1.3juveniles commit a heinous crime; applying changes retroactively;amending
1.4Minnesota Statutes 2012, sections 244.05, subdivisions 4, 5; 609.106, by adding
1.5a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:
1.8 Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
1.9mandatory life sentence under Minnesota Statutes 2012, section609.106 , if the inmate
1.10was 18 years or older at the time of the offense; section 609.106, subdivision 2; orsection
1.11609.3455, subdivision 2 , must not be given supervised release under this section.
1.12(b) An inmate serving a mandatory life sentence under section609.185 , clause (3),
1.13(5), or (6); orMinnesota Statutes 2004, section 609.109, subdivision 3 , must not be given
1.14supervised release under this section without having served a minimum term of 30 years.
1.15(c) An inmate serving a mandatory life sentence under section609.385 must not
1.16be given supervised release under this section without having served a minimum term of
1.17imprisonment of 17 years.
1.18(d) An inmate serving a mandatory life sentence under section609.3455, subdivision
1.193 or 4, must not be given supervised release under this section without having served the
1.20minimum term of imprisonment specified by the court in its sentence.
1.21(e) An inmate serving a mandatory life sentence under section 609.106, subdivision
1.223, or Minnesota Statutes 2012, section 609.106, must not be given supervised release
1.23under this section without having served a minimum term of:
1.24(1) 25 years, if the inmate was 16 or 17 years old at the time of the offense; or
1.25(2) 20 years, if the inmate was 14 or 15 years old at the time of the offense.
2.1EFFECTIVE DATE.This section is effective the day following final enactment,
2.2and applies to offenders sentenced before, on, or after that date.
2.3 Sec. 2. Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:
2.4 Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
2.5may, under rules promulgated by the commissioner, give supervised release to an inmate
2.6serving a mandatory life sentence under section609.185 , clause (3), (5), or (6); 609.106,
2.7subdivision 3;609.3455, subdivision 3 or 4;
609.385; or Minnesota Statutes 2004, section
2.8609.109, subdivision 3,
; or Minnesota Statutes 2012, section 609.106, if the inmate was
2.9under the age of 18 at the time of the offense, after the inmate has served the minimum
2.10term of imprisonment specified in subdivision 4.
2.11(b) The commissioner shall require the preparation of a community investigation
2.12report and shall consider the findings of the report when making a supervised release
2.13decision under this subdivision. The report shall reflect the sentiment of the various
2.14elements of the community toward the inmate, both at the time of the offense and at the
2.15present time. The report shall include the views of the sentencing judge, the prosecutor,
2.16any law enforcement personnel who may have been involved in the case, and any
2.17successors to these individuals who may have information relevant to the supervised
2.18release decision. The report shall also include the views of the victim and the victim's
2.19family unless the victim or the victim's family chooses not to participate.
2.20(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
2.21of the time and place of the inmate's supervised release review hearing. The victim has
2.22a right to submit an oral or written statement at the review hearing. The statement may
2.23summarize the harm suffered by the victim as a result of the crime and give the victim's
2.24recommendation on whether the inmate should be given supervised release at this time.
2.25The commissioner must consider the victim's statement when making the supervised
2.26release decision.
2.27(d) When considering whether to give supervised release to an inmate serving a life
2.28sentence under section609.3455, subdivision 3 or 4, the commissioner shall consider, at
2.29a minimum, the following: the risk the inmate poses to the community if released, the
2.30inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
2.31or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
2.32other relevant conduct of the inmate while incarcerated or before incarceration. The
2.33commissioner may not give supervised release to the inmate unless:
2.34(1) while in prison:
2.35(i) the inmate has successfully completed appropriate sex offender treatment;
3.1(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
3.2has successfully completed chemical dependency treatment; and
3.3(iii) the inmate has been assessed for mental health needs and, if appropriate, has
3.4successfully completed mental health treatment; and
3.5(2) a comprehensive individual release plan is in place for the inmate that ensures
3.6that, after release, the inmate will have suitable housing and receive appropriate aftercare
3.7and community-based treatment. The comprehensive plan also must include a postprison
3.8employment or education plan for the inmate.
3.9(e) As used in this subdivision, "victim" means the individual who suffered harm as
3.10a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
3.11spouse or next of kin.
3.12EFFECTIVE DATE.This section is effective the day following final enactment
3.13and applies to offenders sentenced before, on, or after that date.
3.14 Sec. 3. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
3.15to read:
3.16 Subd. 3. Life imprisonment. Notwithstanding subdivision 2, if the defendant was
3.17under 18 years of age at the time of the commission of the offense, the court may sentence
3.18the defendant to imprisonment for life if it is proven by a preponderance of the evidence
3.19that the defendant's relative youth and potential for rehabilitation in prison outweighs
3.20the public's interest in a sentence of life without possibility of release. In making this
3.21determination, the court should consider the following factors:
3.22(1) the age, education, experience, and background, including mental and emotional
3.23development, of the defendant at the time of commission of the offense;
3.24(2) the circumstances and nature and severity of the offense, including any
3.25aggravating or mitigating factors in the commission of the offense;
3.26(3) victim and community impact, including age and vulnerability of the victim;
3.27(4) the defendant's level of participation in the planning and carrying out of the
3.28offense, including familial or peer influence in the commission of the crime;
3.29(5) the defendant's juvenile delinquency and criminal history;
3.30(6) the defendant's programming history, including child welfare, school and
3.31community-based, and probation interventions, and the defendant's willingness to
3.32participate meaningfully in programming, probation, or both; and
3.33(7) any other aggravating or mitigating circumstance bearing on the defendant's
3.34culpability or potential for rehabilitation.
4.1EFFECTIVE DATE.This section is effective the day following final enactment,
4.2and applies to crimes committed on or after that date.
1.3juveniles commit a heinous crime; applying changes retroactively;amending
1.4Minnesota Statutes 2012, sections 244.05, subdivisions 4, 5; 609.106, by adding
1.5a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:
1.8 Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
1.9mandatory life sentence under Minnesota Statutes 2012, section
1.10was 18 years or older at the time of the offense; section 609.106, subdivision 2; or
1.11609.3455, subdivision 2
1.12(b) An inmate serving a mandatory life sentence under section
1.13(5), or (6); or
1.14supervised release under this section without having served a minimum term of 30 years.
1.15(c) An inmate serving a mandatory life sentence under section
1.16be given supervised release under this section without having served a minimum term of
1.17imprisonment of 17 years.
1.18(d) An inmate serving a mandatory life sentence under section
1.193
1.20minimum term of imprisonment specified by the court in its sentence.
1.21(e) An inmate serving a mandatory life sentence under section 609.106, subdivision
1.223, or Minnesota Statutes 2012, section 609.106, must not be given supervised release
1.23under this section without having served a minimum term of:
1.24(1) 25 years, if the inmate was 16 or 17 years old at the time of the offense; or
1.25(2) 20 years, if the inmate was 14 or 15 years old at the time of the offense.
2.1EFFECTIVE DATE.This section is effective the day following final enactment,
2.2and applies to offenders sentenced before, on, or after that date.
2.3 Sec. 2. Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:
2.4 Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
2.5may, under rules promulgated by the commissioner, give supervised release to an inmate
2.6serving a mandatory life sentence under section
2.7subdivision 3;
2.8609.109, subdivision 3
2.9under the age of 18 at the time of the offense, after the inmate has served the minimum
2.10term of imprisonment specified in subdivision 4.
2.11(b) The commissioner shall require the preparation of a community investigation
2.12report and shall consider the findings of the report when making a supervised release
2.13decision under this subdivision. The report shall reflect the sentiment of the various
2.14elements of the community toward the inmate, both at the time of the offense and at the
2.15present time. The report shall include the views of the sentencing judge, the prosecutor,
2.16any law enforcement personnel who may have been involved in the case, and any
2.17successors to these individuals who may have information relevant to the supervised
2.18release decision. The report shall also include the views of the victim and the victim's
2.19family unless the victim or the victim's family chooses not to participate.
2.20(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
2.21of the time and place of the inmate's supervised release review hearing. The victim has
2.22a right to submit an oral or written statement at the review hearing. The statement may
2.23summarize the harm suffered by the victim as a result of the crime and give the victim's
2.24recommendation on whether the inmate should be given supervised release at this time.
2.25The commissioner must consider the victim's statement when making the supervised
2.26release decision.
2.27(d) When considering whether to give supervised release to an inmate serving a life
2.28sentence under section
2.29a minimum, the following: the risk the inmate poses to the community if released, the
2.30inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
2.31or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
2.32other relevant conduct of the inmate while incarcerated or before incarceration. The
2.33commissioner may not give supervised release to the inmate unless:
2.34(1) while in prison:
2.35(i) the inmate has successfully completed appropriate sex offender treatment;
3.1(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
3.2has successfully completed chemical dependency treatment; and
3.3(iii) the inmate has been assessed for mental health needs and, if appropriate, has
3.4successfully completed mental health treatment; and
3.5(2) a comprehensive individual release plan is in place for the inmate that ensures
3.6that, after release, the inmate will have suitable housing and receive appropriate aftercare
3.7and community-based treatment. The comprehensive plan also must include a postprison
3.8employment or education plan for the inmate.
3.9(e) As used in this subdivision, "victim" means the individual who suffered harm as
3.10a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
3.11spouse or next of kin.
3.12EFFECTIVE DATE.This section is effective the day following final enactment
3.13and applies to offenders sentenced before, on, or after that date.
3.14 Sec. 3. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
3.15to read:
3.16 Subd. 3. Life imprisonment. Notwithstanding subdivision 2, if the defendant was
3.17under 18 years of age at the time of the commission of the offense, the court may sentence
3.18the defendant to imprisonment for life if it is proven by a preponderance of the evidence
3.19that the defendant's relative youth and potential for rehabilitation in prison outweighs
3.20the public's interest in a sentence of life without possibility of release. In making this
3.21determination, the court should consider the following factors:
3.22(1) the age, education, experience, and background, including mental and emotional
3.23development, of the defendant at the time of commission of the offense;
3.24(2) the circumstances and nature and severity of the offense, including any
3.25aggravating or mitigating factors in the commission of the offense;
3.26(3) victim and community impact, including age and vulnerability of the victim;
3.27(4) the defendant's level of participation in the planning and carrying out of the
3.28offense, including familial or peer influence in the commission of the crime;
3.29(5) the defendant's juvenile delinquency and criminal history;
3.30(6) the defendant's programming history, including child welfare, school and
3.31community-based, and probation interventions, and the defendant's willingness to
3.32participate meaningfully in programming, probation, or both; and
3.33(7) any other aggravating or mitigating circumstance bearing on the defendant's
3.34culpability or potential for rehabilitation.
4.1EFFECTIVE DATE.This section is effective the day following final enactment,
4.2and applies to crimes committed on or after that date.
