(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. 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.
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