HF3968

Purpose

• To adjust rules governing conditions of release and revocation for people under supervised or conditional release, with a focus on limiting certain cannabis- and hemp-related restrictions and refining urinalysis testing. The bill aims to balance public safety with due process and targeted use of testing and sanctions.

Main Provisions

• Standards and revocation procedures

  • The commissioner of corrections must adopt by rule standards and procedures to establish release conditions and to govern the revocation of supervised or conditional release.
  • The rules must specify how long a revocation should last for each violation.
  • Revocation procedures must provide due process of law for the inmate.

• Restrictions on cannabis and hemp products (conditional on treatment assessment)

  • The commissioner may prohibit an inmate on parole, supervised release, or conditional release from using:
  • adult-use cannabis flower (as defined in Minnesota statute)
  • adult-use cannabis products (as defined in Minnesota statute)
  • hemp-derived consumer products (as defined in Minnesota statute)
  • lower-potency hemp edibles (as defined in Minnesota statute)
  • These restrictions can apply if the inmate undergoes a chemical use assessment and abstinence is consistent with a recommended level of care for the defendant, per the criteria in another section of law.

• Protection for participation in the registry program

  • The commissioner may not prohibit participation in the registry program (as defined by statute) as a condition of release.
  • The commissioner may not revoke or otherwise sanction a parole, supervised release, or conditional release solely for participating in the registry program or for a positive drug test for cannabis components or metabolites.

• Urinalysis testing requirements

  • A supervised individual is required to submit to a urinalysis test only if there is reasonable suspicion of illicit drug use.
  • The source of the reasonable suspicion must be documented in the supervision authority’s case management system.

Significant Changes / What the Bill Seeks to Accomplish

• Narrows when urinalysis testing can be used, tying testing to a documented reasonable suspicion rather than routine or broad screening.
• Allows targeted restrictions on certain cannabis and hemp products only when a chemical use assessment supports abstinence as appropriate to the person’s level of care.
• Protects individuals from penalties or sanctions solely for registry program participation or for a positive cannabis test, reducing potential punitive action for such participation or isolated positive results.
• Reinforces due process protections in the process for revoking release conditions.

By-Section/Legal Context Highlights

• References Minnesota Statutes 2024 section 244.05 subdivision 2 for the basis of release-related rules and revocation.
• Uses terms related to “adult-use cannabis,” “hemp-derived consumer products,” and “lower-potency hemp edibles.”
• Integrates chemical use assessment and level of care criteria from section 254B.04 subdivision 4.

How It Affects Supervised Individuals and Corrections

• For supervised individuals: Testing becomes more rights-protective and conditional, requiring reasonable suspicion and documented grounds before urinalysis is requested.
• For the corrections system: The rules establish formal standards for release conditions and revocation, with specific attention to when cannabis- and hemp-product restrictions can be imposed based on treatment assessments.

Potential Responsibilities for Agencies

• The commissioner of corrections would develop and publish rules detailing release conditions and revocation processes.
• Case management systems must record the basis for any testing decisions and suspicions.

Relevant Terms - Minnesota Statutes 2024 section 244.05 subdivision 2 - commissioner of corrections - conditions of release - revocation of supervised release - conditional release - due process - adult-use cannabis flower - adult-use cannabis products - hemp-derived consumer products - lower-potency hemp edibles - chemical use assessment - level of care - section 254B.04 subdivision 4 - registry program (section 342.01 subdivision 6) - parole - supervised release - urinalysis - reasonable suspicion - case management system - cannabis components or metabolites