Death penalty authorization and framework for the imposition of the death penalty

A bill for an act

relating to crimes; authorizing death penalty for capital offenses; providing statutory

framework, including procedures and criteria for imposition of death penalty;

authorizing Board of Pardons to hear petitions for commutations of death penalty

sentences; providing for automatic appellate review of death penalty cases;

providing for appointment of attorneys in death penalty cases; providing

administrative framework for implementing death penalty; amending Minnesota

Statutes 2024, sections 243.05, subdivision 1; 609.10, subdivision 1; 609.106, by

adding a subdivision; 609.12, subdivision 1; 609.135, subdivision 1; 609.185;

proposing coding for new law in Minnesota Statutes, chapter 638; proposing coding

for new law as Minnesota Statutes, chapter 244A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

DEATH PENALTY PROCEDURES

Section 1.

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[244A.01] REQUIRING NOTICE BY STATE IN DEATH PENALTY

CASES.

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If the state intends to seek the death penalty for a capital offense, the prosecuting attorney

must sign and file with the court, and serve upon the defendant, a notice that the state will

seek the sentence of death in the event of conviction. The notice must be filed and served

within a reasonable time before trial or acceptance by the court of a plea of guilty. If the

prosecuting attorney does not comply with the notice requirements of this section, the court

must not impose the death penalty under section 244A.05.

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Sec. 2.

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[244A.02] APPOINTMENT OF ATTORNEYS IN CAPITAL CASES.

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Upon notification under section 244A.01 that the prosecuting attorney intends to seek

the death penalty, the court must order the appointment of two attorneys to counsel the

defendant, at least one of whom has had significant criminal defense experience, unless the

court is satisfied that the defendant has retained a competent attorney. If the defendant is

not represented by an attorney and is not able to afford one, the court must order the

appropriate district public defender to assign two public defenders. If the defendant is

convicted and sentenced to death, the state public defender must represent the defendant

during the appeal process.

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Sec. 3.

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[244A.03] SENTENCE OF DEATH FOR CAPITAL OFFENSES;

SENTENCING PROCEEDINGS.

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Subdivision 1.

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Definition.

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For purposes of this section, "first degree murder" means

murder in the first degree as defined in section 609.185.

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Subd. 2.

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Capital offenses.

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A person who commits any of the following offenses is guilty

of a capital offense and is eligible for the death penalty:

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(1) murder in the first degree under section 609.185, paragraph (a), clause (2), (3), (4),

or (7);

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(2) first degree murder and the victim was under six years of age;

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(3) first degree murder while escaping or attempting to escape from a prison, jail, or

secure treatment facility as defined in section 253B.02, subdivision 18a;

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(4) first degree murder and the murder was committed for remuneration or the promise

of remuneration or employs another to commit the murder for remuneration or the promise

of remuneration;

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(5) first degree murder and the person murders more than one person during the criminal

transaction or during different criminal transactions but the murders are committed pursuant

to the same scheme or course of conduct;

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(6) first degree murder of a person in retaliation for or on account of the service or status

of the other person as a judge or justice of the supreme court, court of appeals, or a district

court; county attorney; or public defender;

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(7) first degree murder and the offender has a prior conviction for murder in the first

degree or a similar offense under the laws of another jurisdiction; or

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(8) first degree murder and the offender has a prior conviction for criminal sexual conduct

under section 609.342 or 609.343 against a victim under the age of 12.

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Subd. 3.

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Minors.

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When a defendant is found guilty of a capital offense, the court must

impose a sentence other than death if the defendant was under 18 years of age at the time

of the commission of the crime.

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Subd. 4.

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DNA evidence.

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A court in a capital offense case must consider all DNA evidence

that is offered by the prosecuting attorney or the defendant. The court must also grant each

reasonable request by the defendant for forensic testing of biological matter.

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Subd. 5.

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Separate sentencing proceeding to determine if death penalty warranted.

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(a)

If a defendant is convicted of a capital offense, the court must conduct a separate proceeding

to determine whether the defendant should be sentenced to death or to a sentence other than

death as required by law. The proceeding must be conducted before the court sitting with

the jury that determined the defendant's guilt or, if the court, for good cause shown,

discharges that jury, with a new jury impaneled for the purpose.

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(b) In the proceeding, evidence may be presented about any matter that the court considers

relevant to the sentence, including the nature and circumstances of the crime, the defendant's

character, background, history, and mental and physical condition. The court may receive

any evidence relevant to the sentence, not legally privileged, and that the court considers

to have probative force, regardless of its admissibility under the exclusionary rules of

evidence. The defendant's counsel must be given a fair opportunity to rebut the evidence.

The prosecuting attorney and the defendant or defendant's counsel must be permitted to

present arguments for or against a sentence of death.

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(c) On conclusion of the presentation of the evidence, the court must submit the following

issues to the jury:

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(1) whether there is a probability that the defendant would commit criminal acts of

violence that would constitute a continuing threat to society; and

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(2) in cases in which the jury charge at the guilt or innocence stage permitted the jury

to find the defendant guilty for criminal conduct of another, whether the defendant actually

caused the death of the deceased or did not actually cause the death of the deceased but

intended to kill the deceased or another or anticipated that a human life would be taken.

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(d) The state must prove each issue submitted under paragraph (c) beyond a reasonable

doubt, and the jury must return a special verdict of "yes" or "no" on each issue submitted

under paragraph (c).

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(e) The court must charge the jury that:

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(1) in deliberating on the issues submitted under paragraph (c), the jury must consider

all evidence admitted at the guilt or innocence stage and the punishment stage, including

evidence of the defendant's background or character or the circumstances of the offense

that militates for or mitigates against the imposition of the death penalty;

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(2) the jury must not answer any issue submitted under paragraph (c) "yes" unless the

jury agrees unanimously, and the jury must not answer any issue "no" unless ten or more

jurors agree; and

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(3) members of the jury need not agree on what particular evidence supports a negative

answer to any issue submitted under paragraph (c).

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(f) The court must instruct the jury that if the jury returns an affirmative finding to each

issue submitted under paragraph (c), it must answer the following issue:

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Whether, taking into consideration all of the evidence, including the circumstances of

the offense, the defendant's character and background, and the personal moral culpability

of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant

that a sentence of life imprisonment without parole rather than a death sentence be imposed.

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(g) The court must:

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(1) instruct the jury that if the jury answers that a circumstance or circumstances warrant

a sentence of life imprisonment without parole rather than a death sentence be imposed

under paragraph (f), the court will sentence the defendant to imprisonment for life without

parole; and

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(2) charge the jury that a defendant sentenced to confinement for life without parole

under this article is ineligible for release on parole.

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(h) The court must charge the jury that in answering the issue submitted under paragraph

(f), the jury:

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(1) must answer the issue "yes" or "no";

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(2) must not answer the issue "no" unless it agrees unanimously and must not answer

the issue "yes" unless ten or more jurors agree;

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(3) need not agree on what particular evidence supports an affirmative finding on the

issue; and

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(4) must consider mitigating evidence to be evidence that a juror might regard as reducing

the defendant's moral blameworthiness.

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(i) If the jury returns an affirmative finding on each issue submitted under paragraph (c)

and a negative finding on an issue submitted under paragraph (f), the court must sentence

the defendant to death. If the jury returns a negative finding on any issue submitted under

paragraph (c), returns an affirmative finding on an issue submitted under paragraph (f), or

is unable to answer any issue submitted under paragraph (c) or (f), the court must sentence

the defendant to confinement in the Department of Corrections for life imprisonment without

parole.

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Sec. 4.

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[244A.04] DEVELOPMENTALLY DISABLED; EXCLUSION FROM DEATH

PENALTY.

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Subdivision 1.

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Definition.

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As used in this section, "developmentally disabled" means

the condition of significantly subaverage general intellectual functioning existing concurrently

with significant deficits in adaptive behavior and manifested prior to the age of 18.

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Subd. 2.

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Notice; developmentally disabled hearing.

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In any case in which the prosecution

has provided notice of an intent to seek the death penalty under section 244A.01, the

defendant may, at a reasonable time prior to the commencement of trial, apply for an order

directing that a developmentally disabled hearing be conducted. The court must promptly

conduct a hearing without a jury to determine whether the defendant is developmentally

disabled.

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Subd. 3.

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Hearing.

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At a developmentally disabled hearing, the defendant has the initial

burden to present evidence of developmental disability. Once this evidence is presented by

the defendant, the burden of proof is on the prosecution to prove beyond a reasonable doubt

that the defendant is not developmentally disabled. The defendant may present further

evidence in response to the prosecution's case. If the court finds that the prosecution has

failed to meet its burden of proof, the court must preclude the death penalty, and a trial

thereafter must be conducted as in any other case in which a sentence of death is not sought

by the prosecution.

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Subd. 4.

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Inadmissibility.

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If the defendant is subjected to an examination for purposes

of this section, any statement made by the defendant during the examination is inadmissible

in evidence against the defendant in any criminal action or proceeding on any issue other

than whether the defendant is developmentally disabled.

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Subd. 5.

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Developmentally disabled evidence; trial.

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A ruling by the court that the death

penalty is not precluded under this section must not restrict the defendant's opportunity to

introduce evidence of developmental disability during trial or to argue that the evidence

should be given mitigating significance. The jury must not be informed of any ruling denying

a defendant's motion under this section.

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Sec. 5.

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[244A.05] IMPOSITION OF DEATH SENTENCE; MODE OF EXECUTION.

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Subdivision 1.

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Decision.

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(a) Only the jury sitting as a trier of fact may return a sentence

of death. The jury vote for the sentence of death must be unanimous.

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(b) The court must instruct the jury on the requirements of this subdivision. At that time,

the court must also inform the jury of the nature of the sentence of imprisonment that may

be imposed if the jury verdict is against a sentence of death.

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Subd. 2.

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Imposition of death.

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(a) The court must sentence the defendant to death when

the jury unanimously:

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(1) finds beyond a reasonable doubt that the offender committed a capital offense; and

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(2) recommends that the sentence of death be imposed under section 244A.03, subdivision

5.

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(b) If the jury does not recommend a sentence of death, the court must sentence the

defendant to imprisonment as provided by law.

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Subd. 3.

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Sentence of death precluded.

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A sentence of death must not be carried out

upon a person who is under 18 years of age at the time the crime was committed. A sentence

of death must not be carried out upon a person who, by reason of a mental disease or defect,

is unable to understand the impending death or the reasons for it. A sentence of death must

not be carried out upon a person who is pregnant. A sentence of death must not be carried

out upon a person whom the prosecution has failed to prove not developmentally disabled

under section 244A.04.

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Subd. 4.

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Execution by lethal injection.

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If the court sentences a defendant to death under

subdivision 2, the order of execution must be carried out by administration of a continuous,

intravenous injection of a lethal quantity of an ultra-fast-acting barbiturate in combination

with a chemical paralytic agent until a licensed physician pronounces that the defendant is

dead according to accepted standards of medical practice. The execution by lethal injection

must be performed by a person selected by the chief executive officer of the maximum

security facility at which the execution will take place and trained to administer the injection.

The person administering the injection need not be a physician, registered nurse, or licensed

practical nurse licensed or registered under the laws of this or another state.

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Sec. 6.

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[244A.06] SENTENCING COURT; ADMINISTRATIVE REQUIREMENTS.

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Subdivision 1.

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Date of execution.

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In pronouncing a sentence of death, the court must

set the date of execution not less than 60 days nor more than 90 days from the date the

sentence is pronounced. If execution has been stayed by a court and the date set for execution

has passed before dissolution of the stay, the court in which the defendant was previously

sentenced must, upon dissolution of the stay, set a new date of execution not less than five

nor more than 90 days from the day the date is set. The defendant is entitled to be present

in court on the day the new date of execution is set.

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Subd. 2.

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Copies of order of execution.

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When a person is sentenced to death, the court

administrator must prepare certified copies of the judgment and order of execution and send

these documents to the governor, defendant, defendant's counsel, attorney general, chief

justice of the supreme court, state court administrator, and the state public defender's office

within five business days following entrance of the order of execution.

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Subd. 3.

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Delivery of defendant to maximum security facility.

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Pending execution of

a sentence of death, the sheriff or other chief law enforcement officer who has custody of

the defendant must deliver the defendant to the maximum security facility designated by

the commissioner of corrections as the place where the execution is to be held.

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Sec. 7.

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[244A.07] REVIEW OF DEATH SENTENCES BY SUPREME COURT.

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Subdivision 1.

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Automatic review.

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The judgment of conviction and a sentence of death

are subject to automatic review by the supreme court within 60 days after certification by

the sentencing court of the entire record. The review by the supreme court has priority over

all other cases and must be heard in accordance with rules adopted by the supreme court.

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Subd. 2.

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Transcript.

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The court administrator, within ten days after receiving the

transcript, must transmit the entire record and transcript to the supreme court together with

a notice prepared by the administrator and a report prepared by the trial judge. The notice

must set forth the title and docket number of the case, the name of the defendant, the name

and address of the defendant's attorney, a narrative statement of the judgment, the offense,

and the punishment prescribed. The report must be in the form of a standard questionnaire

prepared and supplied by the supreme court.

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Subd. 3.

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Review guidelines; reformation of sentence in capital case.

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In determining

whether a death sentence should be reformed to a sentence of life without parole, the supreme

court must determine whether:

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(1) there is legally sufficient evidence to support an affirmative answer to an issue

submitted to the jury under section 244A.03, subdivision 5, paragraph (c); or

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(2) there is reversible error.

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Subd. 4.

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Briefs.

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Both the defendant and the state have the right to submit briefs within

the time provided by the court and to present oral argument to the court.

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Subd. 5.

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Decision.

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The supreme court must:

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(1) affirm the sentence of death;

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(2) reform the sentence to life without parole; or

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(3) set the sentence aside and remand the case for resentencing by the trial judge based

on the record and argument of counsel.

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Subd. 6.

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Notice to governor.

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Within five business days after reaching a decision under

subdivision 5, the supreme court must notify the governor whether the death sentence has

been affirmed, reformed, or set aside.

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Sec. 8.

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[244A.08] UNIFIED REVIEW PROCEDURE.

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Subdivision 1.

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Procedure.

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The supreme court must establish by rule a unified review

procedure to provide for the presentation to the sentencing court and to the supreme court

of all possible challenges to the trial, conviction, sentence, and detention of defendants upon

whom the sentence of death has been or may be imposed. The unified review procedure

governs both pretrial and posttrial appellate review of death penalty cases.

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Subd. 2.

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Writ of habeas corpus.

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Nothing in this section or in the rules of the supreme

court limits or restricts the grounds of review or suspends the rights or remedies available

through the procedures governing the writ of habeas corpus.

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Sec. 9.

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[244A.09] STAY OF EXECUTION OF DEATH.

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Subdivision 1.

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Governor or appeal.

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The execution of a death sentence may be stayed

only by the governor or incident to an appeal.

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Subd. 2.

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Proceedings when inmate under sentence of death appears to be mentally

ill or pregnant.

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If the governor is informed that an inmate under sentence of death may be

mentally ill or pregnant, the governor must stay execution of the sentence and require the

sentencing court to order a mental or physical examination of the inmate, as appropriate.

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Subd. 3.

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Examination and hearing.

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(a) If the court orders a mental examination of the

inmate, the court must appoint at least one qualified psychiatrist, clinical psychologist, or

physician experienced in the field of mental illness to examine the defendant and report on

the defendant's mental condition. If the inmate or prosecution has retained a qualified

psychiatrist, clinical psychologist, or physician experienced in the field of mental illness,

the court on request of the inmate or prosecuting attorney must direct that the psychiatrist,

clinical psychologist, or physician be permitted to observe the mental examination and to

conduct a mental examination of the inmate.

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(b) At the conclusion of the mental examination, the examiner must submit a written

report to the court and send copies to the prosecuting attorney and defense attorney. The

report must contain a diagnosis of the inmate's mental condition and whether the inmate

has the mental capacity to understand the nature of the death penalty and the reasons why

it was imposed.

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(c) If the court orders a physical examination, it must appoint a qualified physician to

examine the inmate and report on whether the inmate is pregnant.

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(d) The hearing must be scheduled so that the parties have adequate time to prepare and

present arguments regarding the issue of mental illness or pregnancy. The parties may submit

written arguments to the court before the date of the hearing and may make oral arguments

before the court at the sentencing hearing. Before the hearing, the court must send to the

defendant or the defendant's attorney and the prosecuting attorney copies of the mental or

physical examination.

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Subd. 4.

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Mental illness.

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(a) If the court decides that the inmate has the mental capacity

to understand the nature of the death penalty and why it was imposed, the court must inform

the governor. The governor must issue a warrant to the chief executive officer of the

maximum security facility where the execution is to be held directing the officer to execute

the sentence at a time designated in the warrant.

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(b) If the court decides that the inmate does not have the mental capacity to understand

the nature of the death penalty and why it was imposed, the court must inform the governor.

The governor must have the inmate transferred to a secure treatment facility as defined in

section 253B.02, subdivision 18a.

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(c) A person under sentence of death who has been transferred to a secure treatment

facility under paragraph (b) must be kept there until the Direct Care and Treatment executive

board determines that the person has been restored to mental capacity to understand the

nature of the death penalty and the reason it was imposed. The Direct Care and Treatment

executive board must then notify the governor of the executive board's determination, and

the governor must request the sentencing court to proceed as provided in this section.

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Subd. 5.

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Pregnancy.

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(a) If the court determines that the inmate is not pregnant, the court

must inform the governor. The governor must issue a warrant to the chief executive officer

of the maximum security facility where the execution is to be held directing the chief

executive officer to execute the sentence at a time designated in the warrant.

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(b) If the court determines that the inmate is pregnant, the court must inform the governor.

The governor must stay execution of sentence during the pregnancy.

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(c) If the court determines that an inmate whose execution has been stayed because of

pregnancy is no longer pregnant, the court must inform the governor. The governor must

issue a warrant to the chief executive officer directing the chief executive officer to execute

the sentence at a time designated in the warrant.

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Sec. 10.

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[244A.10] GOVERNOR'S DUTIES; ISSUANCE OF DEATH WARRANT.

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When notified by the supreme court under section 244A.07 that a death sentence has

been upheld, the governor must issue a death warrant, attach it to a copy of the record,

including the trial court's order of execution and the supreme court's affirming opinion, and

send it to the chief executive officer of the maximum security facility where the inmate

under sentence of death is being held. The warrant must direct that officer to execute the

sentence at a time designated in the warrant. When notified by the supreme court under

section 244A.07 that a death sentence has been set aside, the governor must order the

commissioner of corrections to remove the inmate under sentence of death from the unit

where inmates under sentence of death are confined and reassign the inmate consistent with

the supreme court's opinion.

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Sec. 11.

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[244A.11] COMMISSIONER OF CORRECTIONS; DUTIES;

DESIGNATION OF PLACE OF EXECUTION.

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Subdivision 1.

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Maximum security facilities.

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The commissioner of corrections must

designate one or more maximum security facilities at which executions of inmates under

death sentence take place. In each maximum security facility designated as a place where

executions take place, the commissioner must establish and maintain a unit for the segregated

confinement of inmates under sentence of death. The commissioner may establish a capital

punishment unit under the supervision of a deputy or assistant commissioner to administer

the functions relating to administering the death penalty under this chapter.

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Subd. 2.

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Place of execution.

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The chief executive officer of a maximum security facility

where executions take place must provide a suitable and efficient room or place in which

executions will be carried out that is enclosed from public view and contains all implements

necessary to executions. The chief executive officer must select the person to perform

executions and the chief executive officer or the officer's designee must supervise the

execution.

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Subd. 3.

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Executioner's identity; private data.

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Information relating to the identity and

compensation of the executioner is private data on individuals as defined in section 13.02,

subdivision 12. The chief executive officer of the maximum security facility is not required

to record the name of an individual acting as an executioner or any information that could

identify that individual.

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Subd. 4.

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Regulation of execution.

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The chief executive officer of the maximum security

facility holding an execution or a deputy designated by that officer must be present at the

execution. The chief executive officer must set the day for execution within the week

designated by the governor in the warrant.

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Subd. 5.

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Witness to execution.

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Twelve citizens selected by the chief executive officer

must witness the execution. The chief executive officer must select six representatives of

the news media to witness the execution. Counsel for the inmate under sentence of death

and members of the clergy requested by the inmate may be present at the execution. All

other persons, except correctional facility officers and the executioner, must be excluded

during the execution.

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Subd. 6.

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Reading death warrant.

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The warrant authorizing the execution must be read

to the convicted person immediately before death.

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Subd. 7.

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Return of death warrant of execution issued by governor.

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After the death

sentence has been executed, the chief executive officer of the maximum security facility

where the execution took place must return to the governor the warrant and a signed statement

of the execution. The chief executive officer must file an attested copy of the warrant and

statement with the court administrator that imposed the sentence.

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Subd. 8.

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Sentence of death unexecuted for unjustifiable reasons.

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If a death sentence

is not executed because of unjustified failure of the governor to issue a warrant or for any

other unjustifiable reason, on application of the attorney general, the supreme court must

issue a warrant directing the sentence to be executed during a week designated in the warrant.

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Subd. 9.

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Return of warrant of execution issued by supreme court.

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After the sentence

has been executed under a warrant issued by the supreme court, the chief executive officer

of the maximum security facility where the execution took place must return to the supreme

court the warrant and a signed statement of the execution. The chief executive officer must

file an attested copy of the warrant and statement with the court administrator that imposed

the sentence. The chief executive officer must send to the governor an attested copy of the

warrant and statement.

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Sec. 12.

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[244A.12] ATTORNEY GENERAL ASSISTANCE.

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The attorney general must assist in the prosecution of cases involving the death penalty

if requested to do so by the county attorney.

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Sec. 13.
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EFFECTIVE DATE.
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Sections 1 to 12 are effective August 1, 2026, and apply to crimes committed on or after

that date.

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ARTICLE 2

COMMUTATION OF DEATH PENALTY SENTENCES

Section 1.

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[638.24] BOARD OF PARDONS; COMMUTATION OF DEATH

PENALTY SENTENCES.

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Subdivision 1.

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Petitions.

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(a) The Board of Pardons must hear petitions for commutations

of death penalty sentences as provided in this subdivision.

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(b) Only the person sentenced to death or the person's counsel may petition the board

for commutation. The petition must be in writing, be signed by the person sentenced to

death, and include a statement of the grounds upon which the petitioner seeks review.

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(c) The state is permitted to respond in writing to the petition as may be established by

board rules under subdivision 4. The board must review the petition and determine whether

the petition presents a substantial issue that has not been reviewed in the judicial process.

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(d) The board must not consider legal issues, including constitutional issues, that:

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(1) have been reviewed previously by the courts;

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(2) should have been raised during the judicial process; or

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(3) if based on new information, are subject to judicial review.

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(e) If the board does not find a substantial issue, the board must deny the hearing to the

petitioner. If the board finds a substantial issue, the board must conduct a hearing in which

the petitioner and the state may present evidence and argument as may be provided by board

rules.

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Subd. 2.

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Procedures.

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(a) A petition for commutation may be filed at any time after the

sentencing court has issued an order of execution after completion of an inmate's appeal

from conviction. For purposes of this subdivision, "appeal" does not include any action for

postconviction relief or any other form of collateral attack. The inmate must file the petition

no later than 23 days before the scheduled execution date and must mail a copy by United

States mail, postage prepaid, to the attorney representing the state. If the execution date is

stayed by any court between the time of the sentencing court's issuance of the warrant and

the beginning of the commutation hearing, the hearing must continue and the board must

render its decision in accordance with this section.

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(b) The petition must include:

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(1) the petitioner's name and the address of any attorney who is requesting the petitioner

in the commutation proceeding;

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(2) a statement of reasons why the petitioner believes the sentence of death is not

appropriate due to the specific circumstances pertinent to the petitioner;

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(3) whether any of the reasons stated as grounds for the petition have been reviewed in

the judicial process;

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(4) if new information is alleged, a statement of why the information is considered new,

why it could not have been reviewed in the judicial process, and why the information is not

still subject to judicial review;

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(5) if the petitioner has received one commutation hearing, the petition must include a

statement explaining what, if any, new and significant information exists that justifies a

second hearing; and

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(6) copies of all written evidence upon which the petitioner intends to rely at the hearing,

along with the names of all witnesses the petitioner intends to call and a summary of the

anticipated testimony.

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Subd. 3.

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Board action.

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(a) If the board grants the petition, a commutation hearing must

be scheduled as soon as reasonably possible.

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(b) The board may temporarily stay an execution to fully hear the petition for

commutation.

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(c) Within seven days of receiving the petition, the attorney general or county attorney

must provide to the board and the petitioner copies of all written evidence, names of

witnesses, and summary of anticipated testimony. The board may request additional

information from either side.

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(d) The day after receiving the state's response, the board must hold a prehearing

conference to limit the number of witnesses that each side calls, clarify issues that will be

addressed, and take whatever other action it considers necessary and appropriate to control

and direct proceedings.

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(e) The board must place all witnesses under oath and may impose a time limit on each

side for presenting its case. During the hearing, the board may take whatever actions it

considers necessary and appropriate to maintain order.

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(f) The board must reconvene in open session to announce and distribute its written

decision.

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Subd. 4.

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Rules.

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The board must adopt rules to implement the commutation procedures

specified in this section.

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Subd. 5.

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Decision.

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The board may decide that the sentence of death be allowed to stand

and be carried out in accordance with law or that the death sentence be commuted to life

without the possibility of release.

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EFFECTIVE DATE.

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This section is effective August 1, 2026.

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ARTICLE 3

TECHNICAL AMENDMENTS

Section 1.

Minnesota Statutes 2024, section 243.05, subdivision 1, is amended to read:

Subdivision 1.

Conditional release.

(a)
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Except for a person sentenced to death under

section 244A.05,
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the Supervised Release Board may parole any person sentenced to

confinement in any state correctional facility for adults under the control of the commissioner

of corrections, provided that:

(1) no inmate serving a life sentence for committing murder before May 1, 1980, other

than murder committed in violation of clause (1) of section
609.185
who has not been

previously convicted of a felony shall be paroled without having served 20 years, less the

diminution that would have been allowed for good conduct had the sentence been for 20

years;

(2) no inmate serving a life sentence for committing murder before May 1, 1980, who

has been previously convicted of a felony or though not previously convicted of a felony

is serving a life sentence for murder in the first degree committed in violation of clause (1)

of section
609.185
shall be paroled without having served 25 years, less the diminution

which would have been allowed for good conduct had the sentence been for 25 years;

(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole

had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(4) any new rule or policy or change of rule or policy adopted by the commissioner of

corrections which has the effect of postponing eligibility for parole has prospective effect

only and applies only with respect to persons committing offenses after the effective date

of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and remains in the legal custody and

under the control of the commissioner, subject at any time to be returned to a facility of the

Department of Corrections established by law for the confinement or treatment of convicted

persons and the parole rescinded by the commissioner.

(c) The written order of the commissioner of corrections, is sufficient authority for any

peace officer, state correctional investigator, or state parole and probation agent to retake

and place in actual custody any person on parole or supervised release. In addition, when

it appears necessary in order to prevent escape or enforce discipline, any state parole and

probation agent or state correctional investigator may, without order of warrant, take and

detain a parolee or person on supervised release or work release and bring the person to the

commissioner for action.

(d) The written order of the commissioner of corrections is sufficient authority for any

peace officer, state correctional investigator, or state parole and probation agent to retake

and place in actual custody any person on probation under the supervision of the

commissioner pursuant to section
609.135
. Additionally, when it appears necessary in order

to prevent escape or enforce discipline, any state parole and probation agent or state

correctional investigator may, without an order, retake and detain a probationer and bring

the probationer before the court for further proceedings under section
609.14
.

(e) The written order of the commissioner of corrections is sufficient authority for any

peace officer, state correctional investigator, or state parole and probation agent to detain

any person on pretrial release who absconds from pretrial release or fails to abide by the

conditions of pretrial release.

(f) Persons conditionally released, and those on probation under the supervision of the

commissioner of corrections pursuant to section
609.135
may be placed within or outside

the boundaries of the state at the discretion of the commissioner of corrections or the court,

and the limits fixed for these persons may be enlarged or reduced according to their conduct.

(g) Except as otherwise provided in subdivision 1b, in considering applications for

conditional release or discharge, the commissioner is not required to hear oral argument

from any attorney or other person not connected with an adult correctional facility of the

Department of Corrections in favor of or against the parole or release of any inmates. The

commissioner may institute inquiries by correspondence, taking testimony, or otherwise,

as to the previous history, physical or mental condition, and character of the inmate and, to

that end, has the authority to require the attendance of the chief executive officer of any

state adult correctional facility and the production of the records of these facilities, and to

compel the attendance of witnesses. The commissioner is authorized to administer oaths to

witnesses for these purposes.

(h) Before revoking a nonviolent controlled substance offender's parole or probation

based on a technical violation, when the offender does not present a risk to the public and

the offender is amenable to continued supervision in the community, a parole or probation

agent must identify community options to address and correct the violation including, but

not limited to, inpatient substance use disorder treatment. If a probation or parole agent

determines that community options are appropriate and available in the state, the agent must

seek to restructure the offender's terms of release to incorporate those options. If an offender

on probation stipulates in writing to restructure the terms of release, a probation agent must

forward a report to the district court containing:

(1) the specific nature of the technical violation of probation;

(2) the recommended restructure to the terms of probation; and

(3) a copy of the offender's signed stipulation indicating that the offender consents to

the restructuring of probation.

(i) The recommended restructuring of probation becomes effective when confirmed by

a judge. The order of the court is proof of confirmation and amends the terms of the sentence

imposed by the court under section
609.135
.

(j) If a nonviolent controlled substance offender's parole or probation is revoked, the

offender's agent must first attempt to place the offender in a local jail.

(k) For purposes of paragraphs (h) to (k):

(1) "nonviolent controlled substance offender" means a person who meets the criteria

described under section
244.0513, subdivision
2, clauses (1), (2), and (5); and

(2) "technical violation" means any violation of a court order of probation or a condition

of parole, except an allegation of a subsequent criminal act that is alleged in a formal

complaint, citation, or petition.

Sec. 2.

Minnesota Statutes 2024, section 609.10, subdivision 1, is amended to read:

Subdivision 1.

Sentences available.

(a) Upon conviction of a felony and compliance

with the other provisions of this chapter
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and chapter 244A
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the court, if it imposes sentence,

may sentence the defendant to the extent authorized by law as follows:

(1) to
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death; or
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(2) to
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life imprisonment; or

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(2)
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(3)
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to imprisonment for a fixed term of years set by the court; or

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(3)
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(4)
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to both imprisonment for a fixed term of years and payment of a fine; or

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(4)
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(5)
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to payment of a fine without imprisonment or as an intermediate sanction on a

stayed sentence; or

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(5)
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(6)
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to payment of court-ordered restitution in addition to either imprisonment or

payment of a fine, or both; or

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(6)
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(7)
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to payment of a local correctional fee as authorized under section
609.102
in

addition to any other sentence imposed by the court.

(b) If the court imposes a fine or orders restitution under paragraph (a), payment is due

on the date imposed unless the court otherwise establishes a due date or a payment plan.

Sec. 3.

Minnesota Statutes 2024, section 609.106, is amended by adding a subdivision to

read:

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Subd. 4.

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Capital punishment; alternative, life without the possibility of release.

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The

court must sentence a person to life without the possibility of release if:

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(1) the defendant is convicted of a capital offense under section 244A.03;

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(2) the defendant is eligible for the death penalty under chapter 244A; and

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(3) the jury recommends under section 244A.05, subdivision 2, that the sentence of life

without the possibility of release be imposed.

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Sec. 4.

Minnesota Statutes 2024, section 609.12, subdivision 1, is amended to read:

Subdivision 1.

Authority; conditions.

A person sentenced to the commissioner of

corrections for imprisonment for a period less than life may be paroled or discharged at any

time without regard to length of the term of imprisonment which the sentence imposes when

in the judgment of the Supervised Release Board, and under the conditions the board imposes,

the granting of parole or discharge would be most conducive to rehabilitation and would

be in the public interest.
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A person sentenced to death is not eligible for supervised release

or discharge at any time.
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Sec. 5.

Minnesota Statutes 2024, section 609.135, subdivision 1, is amended to read:

Subdivision 1.

Terms and conditions.

(a) Except when a sentence of
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death has been

imposed under chapter 244A, a
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life
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imprisonment
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sentence
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is required by law, or when a

mandatory minimum sentence is required by section
609.11
, any court may stay imposition

or execution of sentence and:

(1) may order intermediate sanctions without placing the defendant on probation; or

(2) may place the defendant on probation with or without supervision and on the terms

the court prescribes, including intermediate sanctions when practicable. The court may order

the supervision to be under the probation officer of the court, or, if there is none and the

conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in

any case by some other suitable and consenting person. Unless the court directs otherwise,

state parole and probation agents and probation officers may impose community work

service or probation violation sanctions, consistent with section 243.05, subdivision 1, or

sections 244.197 to 244.199.

No intermediate sanction may be ordered performed at a location that fails to observe

applicable requirements or standards of chapter 181A or 182, or any rule promulgated under

them.

(b) For purposes of this subdivision, subdivision 6, and section
609.14
, the term

"intermediate sanctions" includes but is not limited to incarceration in a local jail or

workhouse, home detention, electronic monitoring, intensive probation, sentencing to service,

reporting to a day reporting center, chemical dependency or mental health treatment or

counseling, restitution, fines, day-fines, community work service, work service in a restorative

justice program, work in lieu of or to work off fines and, with the victim's consent, work in

lieu of or to work off restitution.

(c) A court may not stay the revocation of the driver's license of a person convicted of

violating the provisions of section
169A.20
.

(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment

is due on the date imposed unless the court otherwise establishes a due date or a payment

plan.

(e) The court may prohibit a defendant from using adult-use cannabis flower as defined

in section
342.01, subdivision 4
, or adult-use cannabis products as defined in section
342.01
,

subdivision 2, if the defendant undergoes a chemical use assessment and abstinence is

consistent with a recommended level of care for the defendant in accordance with the criteria

under section
254B.04, subdivision 4
. The assessment must be conducted by an assessor

qualified under section
245G.11, subdivisions 1
and 5.

(f) A court shall not impose an intermediate sanction that has the effect of prohibiting

a person from participating in the registry program as defined in section
342.01, subdivision

63.

Sec. 6.

Minnesota Statutes 2024, section 609.185, is amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and shall
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,

unless sentenced to death under section 244A.05,
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be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the

death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal

sexual conduct in the first or second degree with force or violence, either upon or affecting

the person or another;

(3) causes the death of a human being with intent to effect the death of the person or

another, while committing or attempting to commit burglary, aggravated robbery, carjacking

in the first or second degree, kidnapping, arson in the first or second degree, a drive-by

shooting, tampering with a witness in the first degree, escape from custody, or any felony

violation of chapter 152 involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed

at a Minnesota state or local correctional facility, with intent to effect the death of that person

or another, while the person is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator has

engaged in a past pattern of child abuse upon a child and the death occurs under

circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when the

perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another

family or household member and the death occurs under circumstances manifesting an

extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or

attempting to commit a felony crime to further terrorism and the death occurs under

circumstances manifesting an extreme indifference to human life.

(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning

given in section
609.221,
subdivision 6, clause (4).

(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section

609.221,
subdivision 6, clause (5).

(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed

against a minor victim that constitutes a violation of the following laws of this state or any

similar laws of the United States or any other state: section
609.221
;
609.222
;
609.223
;

609.224
;
609.2242
;
609.342
;
609.343
;
609.344
;
609.345
;
609.377
;
609.378
; or
609.713
.

(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section
609.221
,
609.222
,
609.223
,
609.224
,
609.2242
,

609.342
,
609.343
,
609.344
,
609.345
,
609.713
, or any similar laws of the United States or

any other state; and

(2) is committed against the victim who is a family or household member as defined in

section
518B.01, subdivision 2
, paragraph (b).

(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given

in section
609.714, subdivision 1
.

Sec. 7.
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EFFECTIVE DATE.
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Sections 1 to 6 are effective August 1, 2026, and apply to crimes committed on or after

that date.

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