Bill Text: MN SF982 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Juvenile life imprisonment with release sentence establishment
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-04 - Referred to Judiciary [SF982 Detail]
Download: Minnesota-2013-SF982-Introduced.html
1.2relating to judiciary; establishing a sentence of life with release when certain
1.3juveniles commit a heinous crime;amending Minnesota Statutes 2012, sections
1.4244.05, subdivisions 4, 5; 609.106, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:
1.7 Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
1.8mandatory life sentence under section609.106 , subdivision 2, or
609.3455, subdivision 2 ,
1.9must not be given supervised release under this section.
1.10(b) An inmate serving a mandatory life sentence under section609.185 , clause (3),
1.11(5), or (6); section 609.106, subdivision 3; orMinnesota Statutes 2004, section 609.109,
1.12subdivision 3 , must not be given supervised release under this section without having
1.13served a minimum term of 30 years.
1.14(c) An inmate serving a mandatory life sentence under section609.385 must not
1.15be given supervised release under this section without having served a minimum term of
1.16imprisonment of 17 years.
1.17(d) An inmate serving a mandatory life sentence under section609.3455, subdivision
1.183 or 4, must not be given supervised release under this section without having served the
1.19minimum term of imprisonment specified by the court in its sentence.
1.20 Sec. 2. Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:
1.21 Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
1.22may, under rules promulgated by the commissioner, give supervised release to an inmate
1.23serving a mandatory life sentence under section609.185 , clause (3), (5), or (6); 609.106,
2.1subdivision 3;609.3455, subdivision 3 or 4;
609.385; or Minnesota Statutes 2004, section
2.2609.109, subdivision 3, after the inmate has served the minimum term of imprisonment
2.3specified in subdivision 4.
2.4(b) The commissioner shall require the preparation of a community investigation
2.5report and shall consider the findings of the report when making a supervised release
2.6decision under this subdivision. The report shall reflect the sentiment of the various
2.7elements of the community toward the inmate, both at the time of the offense and at the
2.8present time. The report shall include the views of the sentencing judge, the prosecutor,
2.9any law enforcement personnel who may have been involved in the case, and any
2.10successors to these individuals who may have information relevant to the supervised
2.11release decision. The report shall also include the views of the victim and the victim's
2.12family unless the victim or the victim's family chooses not to participate.
2.13(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
2.14of the time and place of the inmate's supervised release review hearing. The victim has
2.15a right to submit an oral or written statement at the review hearing. The statement may
2.16summarize the harm suffered by the victim as a result of the crime and give the victim's
2.17recommendation on whether the inmate should be given supervised release at this time.
2.18The commissioner must consider the victim's statement when making the supervised
2.19release decision.
2.20(d) When considering whether to give supervised release to an inmate serving a life
2.21sentence under section609.3455, subdivision 3 or 4, the commissioner shall consider, at
2.22a minimum, the following: the risk the inmate poses to the community if released, the
2.23inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
2.24or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
2.25other relevant conduct of the inmate while incarcerated or before incarceration. The
2.26commissioner may not give supervised release to the inmate unless:
2.27(1) while in prison:
2.28(i) the inmate has successfully completed appropriate sex offender treatment;
2.29(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
2.30has successfully completed chemical dependency treatment; and
2.31(iii) the inmate has been assessed for mental health needs and, if appropriate, has
2.32successfully completed mental health treatment; and
2.33(2) a comprehensive individual release plan is in place for the inmate that ensures
2.34that, after release, the inmate will have suitable housing and receive appropriate aftercare
2.35and community-based treatment. The comprehensive plan also must include a postprison
2.36employment or education plan for the inmate.
3.1(e) As used in this subdivision, "victim" means the individual who suffered harm as
3.2a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
3.3spouse or next of kin.
3.4 Sec. 3. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
3.5to read:
3.6 Subd. 3. Life imprisonment. Notwithstanding subdivision 2, if the defendant was
3.7under 18 years of age at the time of the commission of the offense, the court may sentence
3.8the defendant to imprisonment for life if it is proven by a preponderance of the evidence
3.9that the defendant's relative youth and potential for rehabilitation in prison outweighs
3.10the public's interest in a sentence of life without possibility of release. In making this
3.11determination the court should consider the following factors:
3.12(1) the age, education, experience, and background, including mental and emotional
3.13development, of the defendant at the time of commission of the offense;
3.14(2) the circumstances and nature and severity of the offense including any
3.15aggravating or mitigating factors in the commission of the offense;
3.16(3) victim and community impact including age and vulnerability of the victim;
3.17(4) the defendant's level of participation in the planning and carrying out of the
3.18offense, including familial or peer influence in the commission of the crime;
3.19(5) the defendant's juvenile delinquency and criminal history;
3.20(6) the defendant's programing history, including child welfare, school and
3.21community-based, and probation interventions and the defendant's willingness to
3.22participate meaningfully in programing, probation, or both; and
3.23(7) any other aggravating or mitigating circumstance bearing on the defendant's
3.24culpability or potential for rehabilitation.
1.3juveniles commit a heinous crime;amending Minnesota Statutes 2012, sections
1.4244.05, subdivisions 4, 5; 609.106, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 244.05, subdivision 4, is amended to read:
1.7 Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
1.8mandatory life sentence under section
1.9must not be given supervised release under this section.
1.10(b) An inmate serving a mandatory life sentence under section
1.11(5), or (6); section 609.106, subdivision 3; or
1.12subdivision 3
1.13served a minimum term of 30 years.
1.14(c) An inmate serving a mandatory life sentence under section
1.15be given supervised release under this section without having served a minimum term of
1.16imprisonment of 17 years.
1.17(d) An inmate serving a mandatory life sentence under section
1.183
1.19minimum term of imprisonment specified by the court in its sentence.
1.20 Sec. 2. Minnesota Statutes 2012, section 244.05, subdivision 5, is amended to read:
1.21 Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
1.22may, under rules promulgated by the commissioner, give supervised release to an inmate
1.23serving a mandatory life sentence under section
2.1subdivision 3;
2.2609.109, subdivision 3,
2.3specified in subdivision 4.
2.4(b) The commissioner shall require the preparation of a community investigation
2.5report and shall consider the findings of the report when making a supervised release
2.6decision under this subdivision. The report shall reflect the sentiment of the various
2.7elements of the community toward the inmate, both at the time of the offense and at the
2.8present time. The report shall include the views of the sentencing judge, the prosecutor,
2.9any law enforcement personnel who may have been involved in the case, and any
2.10successors to these individuals who may have information relevant to the supervised
2.11release decision. The report shall also include the views of the victim and the victim's
2.12family unless the victim or the victim's family chooses not to participate.
2.13(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
2.14of the time and place of the inmate's supervised release review hearing. The victim has
2.15a right to submit an oral or written statement at the review hearing. The statement may
2.16summarize the harm suffered by the victim as a result of the crime and give the victim's
2.17recommendation on whether the inmate should be given supervised release at this time.
2.18The commissioner must consider the victim's statement when making the supervised
2.19release decision.
2.20(d) When considering whether to give supervised release to an inmate serving a life
2.21sentence under section
2.22a minimum, the following: the risk the inmate poses to the community if released, the
2.23inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
2.24or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
2.25other relevant conduct of the inmate while incarcerated or before incarceration. The
2.26commissioner may not give supervised release to the inmate unless:
2.27(1) while in prison:
2.28(i) the inmate has successfully completed appropriate sex offender treatment;
2.29(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
2.30has successfully completed chemical dependency treatment; and
2.31(iii) the inmate has been assessed for mental health needs and, if appropriate, has
2.32successfully completed mental health treatment; and
2.33(2) a comprehensive individual release plan is in place for the inmate that ensures
2.34that, after release, the inmate will have suitable housing and receive appropriate aftercare
2.35and community-based treatment. The comprehensive plan also must include a postprison
2.36employment or education plan for the inmate.
3.1(e) As used in this subdivision, "victim" means the individual who suffered harm as
3.2a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
3.3spouse or next of kin.
3.4 Sec. 3. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
3.5to read:
3.6 Subd. 3. Life imprisonment. Notwithstanding subdivision 2, if the defendant was
3.7under 18 years of age at the time of the commission of the offense, the court may sentence
3.8the defendant to imprisonment for life if it is proven by a preponderance of the evidence
3.9that the defendant's relative youth and potential for rehabilitation in prison outweighs
3.10the public's interest in a sentence of life without possibility of release. In making this
3.11determination the court should consider the following factors:
3.12(1) the age, education, experience, and background, including mental and emotional
3.13development, of the defendant at the time of commission of the offense;
3.14(2) the circumstances and nature and severity of the offense including any
3.15aggravating or mitigating factors in the commission of the offense;
3.16(3) victim and community impact including age and vulnerability of the victim;
3.17(4) the defendant's level of participation in the planning and carrying out of the
3.18offense, including familial or peer influence in the commission of the crime;
3.19(5) the defendant's juvenile delinquency and criminal history;
3.20(6) the defendant's programing history, including child welfare, school and
3.21community-based, and probation interventions and the defendant's willingness to
3.22participate meaningfully in programing, probation, or both; and
3.23(7) any other aggravating or mitigating circumstance bearing on the defendant's
3.24culpability or potential for rehabilitation.
