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.
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.