Prior to the establishment of the Supervised Release Board (SRB):
From the early 1970s through June 2024, the sitting Commissioner of Corrections had the sole decision-making authority for granting or denying parole to those serving life sentences in Minnesota. This process was supported by an advisory panel composed of Department of Corrections (DOC) staff, including deputy commissioners, the warden of the facility where the parole candidate was housed, and the executive officer of the DOC’s Hearings and Release Unit (HRU). Over the decades, the frequency of parole releases has varied greatly, but the overall number of parole releases has been growing, supported by the increase in correctional research and the development of risk assessment tools.
Establishing the Supervised Release Board (SRB):
The Supervised Release Board (SRB) was established as an official body on July 1, 2024. In 2019, upon taking office, Commissioner Paul Schnell, under Governor Tim Walz and Lt. Governor Peggy Flanagan, explored the possibility of creating a Life or Indeterminate Sentence Release Board to increase public transparency and reduce the potential politicization of parole decisions. This led to the drafting of a legislative proposal in 2019, which was ultimately passed during the 2023 legislative session.
Life Sentences in Minnesota:
Under Minnesota law, life sentences without the possibility of parole or supervised release can be imposed when case facts warrant. Since 1989, a life sentence in Minnesota has required serving a mandatory minimum term of 30 years in DOC custody, followed by community supervision extending up to the end of the person’s natural life. Prior to 1989, the mandatory minimum term was 17 years. In 2005, the Minnesota legislature established life sentences for certain repeat sexual offenses with varying mandatory minimum terms before release eligibility.
Juveniles Certified as Adults:
In 2012, the United States Supreme Court ruled that imposing a life sentence on a juvenile without the possibility of parole was unconstitutional. The decision recognizes the differences in brain development between juveniles and adults and has led to the resentencing of juveniles serving life without parole in Minnesota to life with the possibility of parole. A new Minnesota law passed during the 2023 legislative session takes brain development into consideration. The new law makes significant changes for juveniles certified as adults. The law now requires the SRB to review cases of those sentenced to 15 years or more, including those serving life sentences with the possibility of parole, and consider the person for possible release. The law also allows the SRB to collapse court-imposed consecutive sentences under certain conditions.
Supervised Release Board membership:
The SRB consists of five regular members, including the Commissioner of Corrections, who serves as the board chair. Additionally, two members with backgrounds in youth development or psychology are included when the board considers cases involving juveniles certified as adults. These members, who serve staggered terms, are appointed based on recommendations from Minnesota House and Senate minority and majority leaders. The two youth specialists are direct appointments of the Governor.
Deciding factors:
The SRB considers twelve legislatively designated factors when making parole or supervised release decisions, including community investigation reports completed by a probation officer in the community where the crime was committed, victim statements, law enforcement and prosecutor input, risk assessments, treatment history and progress, behavior while incarcerated, psychological evaluations, rehabilitation efforts, criminal history, neurological development in certified juvenile cases and any other relevant conduct.
Decisions by the SRB are made by a majority vote. In the event of a tie, the vote of the Commissioner or SRB chair determines the outcome.
If parole or supervised release is denied, the SRB must provide the individual with recommendations for participation in programs and services that would increase the likelihood of future release.
Victim involvement:
It is important to note that victims have a specific statutory role in the process and may provide input in various forms. Victims can provide the SRB with written input, they can request to meet with the members of the SRB in private, or they can attend the public meeting to make their statement.
