1.2relating to public safety; establishing an earned compliance credit program for
1.3persons on supervised release; providing for rulemaking;proposing coding for
1.4new law in Minnesota Statutes, chapter 244.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1.
[244.40] SHORT TITLE.
1.7Sections 244.40 to 244.42 may be cited as the "Earned Compliance Credit Act."
1.8 Sec. 2.
[244.41] DEFINITIONS.
1.9(a) For purposes of sections 244.40 to 244.42, the terms in this section have the
1.10meanings given them.
1.11(b) "Agency" means:
1.12(1) the Department of Corrections; and
1.13(2) any regional, local, or county governmental agencies responsible for supervising
1.14individuals placed on probation by the courts or serving a period of parole or postrelease
1.15supervision from prison or jail, provided such agencies receive state funding.
1.16(c) "Case plan" means an individualized accountability and behavior change strategy
1.17for supervised individuals that:
1.18(1) targets and prioritizes the specific criminal risk factors of the offender;
1.19(2) matches programs to the offender's individual characteristics, such as gender,
1.20culture, motivational stage, developmental stage, and learning style;
1.21(3) establishes a timetable for achieving specific behavioral goals, including a
1.22schedule for payment of victim restitution, child support, and other financial obligations;
1.23and
2.1(4) specifies positive and negative actions that will be taken in response to the
2.2supervised individual's behaviors.
2.3(d) "Compliance credit" means 15 days for every month that a supervised individual
2.4does all of the following:
2.5(1) fulfills the terms of the supervised individual's case plan;
2.6(2) has no new arrests; and
2.7(3) makes scheduled monthly payments for restitution, fines, and fees.
2.8(e) "Supervised individual" means an individual placed on probation by the courts or
2.9serving a period of parole or postrelease supervision from prison or jail.
2.10 Sec. 3.
[244.42] EARNED COMPLIANCE CREDITS.
2.11(a) The agency shall:
2.12(1) award earned compliance credits to a supervised individual who satisfies the
2.13requirements specified in the individual's case plan; and
2.14(2) place a supervised individual in a nonactive supervision status for the number of
2.15days earned as compliance credits.
2.16(b) For supervised individuals in nonactive supervision, the agency shall submit a
2.17petition to the court or releasing authority to request that the period of supervision be
2.18reduced by the number of days of compliance credits earned by the individual, when the
2.19supervised individual has no outstanding restitution, fines, or fees.
2.20(c) The court or releasing authority may adjust the period of a supervised individual's
2.21supervision on the recommendation of the agency for earned compliance credits.
2.22(d) The agency shall adopt rules for the forfeiture of earned compliance credits for
2.23supervised individuals who violate conditions of supervision. The rules shall provide that:
2.24(1) forfeiture is part of the agency's system of graduated sanctions;
2.25(2) the extent of earned compliance credits forfeited is related to the level of severity
2.26of the violation;
2.27(3) forfeiture of earned compliance credits is limited to credits already earned, and
2.28may not prospectively deny future earned compliance credits; and
2.29(4) a procedure is established for the restoration of forfeited earned compliance
2.30credits based on the supervised individual's compliance with supervision conditions and
2.31progress in achieving the goals of the supervised individual's case plan.
2.32 Sec. 4.
EFFECTIVE DATE.
2.33Sections 1 to 3 are effective August 1, 2009.