Section 244.43 - EARNED INCENTIVE RELEASE CREDITSubdivision 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.
Added by 2023 Minn. Laws, ch. 52,s 12-6, eff. 8/1/2023.