244.43 EARNED INCENTIVE RELEASE CREDIT.
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244.43 EARNED INCENTIVE RELEASE CREDIT.
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Subdivision 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.
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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.