Purpose

• To change when and how certain people in custody can be released, by prohibit­ing early release for undocumented noncitizens and by restricting related sentence-adjustment options.

Main provisions

• Definition of undocumented offender
  • An undocumented offender is defined as an undocumented noncitizen who resides in the United States without the approval or acquiescence of the United States Citizenship and Immigration Services (USCIS) and who is in the custody of Minnesota’s Commissioner of Corrections.
• Prohibition on early release
  • Undocumented offenders are not eligible for any form of early release. This includes early supervised release, conditional medical release, epidemic release, or any other program or credit that would shorten the inmate’s term.
  • The prohibition also covers any earned incentive release credits or similar mechanisms that would reduce the term of imprisonment.
• Release decisions
  • The Commissioner of Corrections must not release an undocumented offender from incarceration until the inmate has completed the full term of imprisonment.
  • In addition, the offender cannot be released if there is any disciplinary confinement period imposed for violating a disciplinary rule or for refusing to participate in a rehabilitative program required by law (specifically, a rehabilitative program under section 244.03).

Changes to existing law

• The bill would amend Minnesota Statutes (2024) section 609.133 by adding a subdivision to reflect these new rules.
• It would establish a new provision in Minnesota Statutes Chapter 244 that codifies the prohibition on early release for undocumented offenders and defines the term “undocumented offender” for this purpose.
• It also widens the scope of programs and credits that are explicitly disallowed from reducing the term of imprisonment for this group.

Notable definitions and terms used in the bill

• Undocumented offender / undocumented noncitizen
• Term of imprisonment
• Commissioner of Corrections
• Early supervised release
• Conditional medical release
• Epidemic release
• Challenge Incarceration Program
• Earned incentive release credit
• Disciplinary rule / disciplinary confinement
• Rehabilitative program (required under section 244.03)

Potential implementation areas

• Administrative: relies on the existing role of the Commissioner of Corrections to determine releases and disciplinary actions.
• Legal: requires updates to Minnesota Statutes (609.133) and creation of language in Chapter 244 to codify the prohibition.

Relevant Terms undocumented offender; undocumented noncitizen; early release; early supervised release; conditional medical release; epidemic release; Challenge Incarceration Program; earned incentive release credit; term of imprisonment; Commissioner of Corrections; disciplinary rule; disciplinary confinement; rehabilitative program; section 244.03; Minnesota Statutes 2024; USCIS; United States Citizenship and Immigration Services; prosecutor-initiated sentence adjustments.