SF1365 (Legislative Session 94 (2025-2026))
Earned incentive release credit exclusions expansion provision
Related bill: HF533
AI Generated Summary
Purpose
This bill tightens who is eligible for earned incentive release credit in Minnesota by expanding the list of people who are ineligible. Earned incentive release credit is a benefit that can affect when a person in prison could be released early for good behavior or other factors. The changes are designed to ensure certain serious or high-risk offenses and conditions keep a longer period of imprisonment before any early release consideration.
Main Provisions
- Expands ineligibility for earned incentive release credit (EIRC) to include:
- People serving life sentences.
- People with indeterminate sentences for crimes committed on or before April 30, 1980.
- People subject to “good time” under Minnesota law (or similar laws).
- Adds specific offenses and circumstances that make an offender ineligible for EIRC, including:
- Murder in the first, second, or third degree.
- Criminal sexual conduct in the first, second, or third degree if committed with force or violence.
- Dangerous sex offenders (where the court must set a minimum term before supervised release can be considered).
- Crimes committed for the benefit of a gang, where full-term service is required before probation, parole, discharge, work release, or supervised release can be considered.
- First or second degree controlled substance crimes with mandatory minimum sentences (the offender must serve the full term before related releases).
- Offenders convicted in another jurisdiction with supervision transferred to Minnesota.
- Predatory offender registration requirements.
- Use of a firearm or dangerous weapon during the commission of certain offenses.
- Use of deadly force against a peace officer, prosecutor, judge, or correctional employee.
- Assault against secure treatment personnel or a person under a conditional release term.
- Any other listed offenses where a term of conditional release remains.
- Adds that certain offenders (e.g., those with minimum-term requirements) must serve the full term before being eligible for any later release consideration, and clarifies that minimum-term requirements apply before supervised release can be considered.
- Includes a cross-reference to related sections and terms (e.g., sections that cover probation, parole, discharge, or supervised release), indicating these individuals are not eligible for those forms of release until the full term is served.
Significant Changes to Existing Law
- Replaces or broadens existing EIRC ineligibility by adding a comprehensive list of offenses and conditions that now automatically disqualify someone from earning EIRC.
- Strengthens the link between minimum-term terms (set by sentencing guidelines or mandatory minimums) and the inability to be considered for supervised release, parole, or related releases.
- Tightens ineligibility for individuals transferred from other jurisdictions, those on predatory offender registration, and those who have used firearms or deadly force in connection with certain crimes.
- Reinforces that people with life sentences, indeterminate sentences from older convictions, or those receiving credit under “good time” rules are not eligible for EIRC.
Effects and Scope
- The scope covers Minnesota’s corrections system and the earned incentive release framework, applying to offenders in custody who would otherwise be eligible for early release credits.
- The bill emphasizes public safety by keeping certain high-risk or violent offenders out of early-release programs and ensuring longer imprisonment for specified offenses.
Practical Impact
- More offenders will be ineligible for earned incentive release credits, potentially delaying early release opportunities.
- Courts and correctional agencies may need to apply new ineligibility criteria when assessing eligibility for EIRC.
- The changes may affect planning for release dates, parole decisions, and supervised release timelines for affected individuals.
Relevant Terms earned incentive release credit ineligible ineligibility for earned incentive release credit life sentences indeterminate sentences good time Minnesota Statutes 2024 section 244.45 murder in the first degree murder in the second degree murder in the third degree criminal sexual conduct in the first degree criminal sexual conduct in the second degree criminal sexual conduct in the third degree dangerous sex offender minimum term of imprisonment Sentencing Guidelines mandatory minimum sentence probation parole discharge work release supervised release gang (benefit of a gang) section 609.185 section 609.19 section 609.195 section 609.221 section 609.2231 section 609.229 section 609.11 section 152.026 predatory offender registration use of firearm or dangerous weapon use of deadly force secure treatment personnel conditional release section 244.42 to 244.44 section 243.166 subdivision 5 paragraph e
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 13, 2025 | Senate | Action | Introduction and first reading | ||
| February 13, 2025 | Senate | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "Amends Minnesota Statutes 2024 section 244.45 to establish ineligibility for earned incentive release credit based on specified offenses and circumstances.",
"modified": [
"Introduces detailed ineligibility categories and references to other statutes (244.42–244.44, 609.x series, 152.026, 243.166, etc.)."
]
},
"citation": "244.45",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cited as part of the range of sections referenced in relation to earned incentive release credit eligibility.",
"modified": []
},
"citation": "244.42",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cited as part of the range of sections referenced in relation to earned incentive release credit eligibility.",
"modified": []
},
"citation": "244.43",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cited as part of the range of sections referenced in relation to earned incentive release credit eligibility.",
"modified": []
},
"citation": "244.44",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as an offense that renders a person ineligible for earned incentive release credit.",
"modified": []
},
"citation": "609.185",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as an offense that renders a person ineligible for earned incentive release credit.",
"modified": []
},
"citation": "609.19",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as an offense that renders a person ineligible for earned incentive release credit.",
"modified": []
},
"citation": "609.195",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as an offense (criminal sexual conduct in the first degree) that contributes to ineligibility for earned incentive release credit.",
"modified": []
},
"citation": "609.342",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as an offense (criminal sexual conduct in the second degree) that contributes to ineligibility for earned incentive release credit.",
"modified": []
},
"citation": "609.343",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as an offense (criminal sexual conduct in the third degree) that, if committed with force or violence, contributes to ineligibility for earned incentive release credit.",
"modified": []
},
"citation": "609.344",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced as the dangerous sex offender provision affecting eligibility for earned incentive release credit.",
"modified": []
},
"citation": "609.3455",
"subdivision": "subdivision 5"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced for penalties related to crimes committed for the benefit of a gang impacting eligibility for earned incentive release credit.",
"modified": []
},
"citation": "609.229",
"subdivision": "subdivision 4 paragraph b"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced for mandatory minimum sentence implications affecting probation/parole/dispersion versus earned incentive release credit.",
"modified": []
},
"citation": "152.026",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Predatory offender registration provision referenced in relation to ineligibility for earned incentive release credit.",
"modified": []
},
"citation": "243.166",
"subdivision": "subdivision 5 paragraph e"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Use of firearm or dangerous weapon during the commission of certain offenses referenced in relation to earned incentive release credit eligibility.",
"modified": []
},
"citation": "609.11",
"subdivision": "subdivision 6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Use of deadly force against a peace officer, prosecutor, judge, or correctional employee referenced in eligibility criteria.",
"modified": []
},
"citation": "609.221",
"subdivision": "subdivision 5 paragraph b"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Assault against secure treatment personnel and related conditional release provisions referenced in eligibility criteria.",
"modified": []
},
"citation": "609.2231",
"subdivision": "subdivision 3a paragraph d"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Additional conditional release-related provisions (subdivisions 2, 6, 7) cited in relation to eligibility for earned incentive release credit.",
"modified": []
},
"citation": "609.3455",
"subdivision": "subdivisions 2, 6 and 7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Good time under section 244.04 or similar laws referenced in relation to eligibility for earned incentive release credit.",
"modified": []
},
"citation": "244.04",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Use of firearm or dangerous weapon during the commission of certain offenses referenced in eligibility criteria.",
"modified": []
},
"citation": "609.11",
"subdivision": ""
}
]Progress through the legislative process
In Committee