Minnesota § 638.11 - THIRD-PARTY NOTIFICATIONS

§ 638.11. THIRD-PARTY NOTIFICATIONS

Subdivision 1.Notice to victim; victim rights.

(a) After receiving a clemency application, the commission must make all reasonable efforts to locate any victim of the applicant's crime.

(b) At least 30 calendar days before the commission meeting at which the application will be heard, the commission must notify any located victim of:

(1) the application;

(2) the meeting's scheduled date, time, and location; and

(3) the victim's right to attend the meeting and submit an oral or written statement to the commission.

(c) The commission must make all reasonable efforts to ensure that a victim can:

(1) submit an oral or written statement; and

(2) receive victim support services as necessary to help the victim submit a statement and participate in the clemency process.

Subd. 2.Notice to sentencing judge and prosecuting attorney.

(a) At least 60 calendar days before the commission meeting at which the application will be heard, the commission must:

(1) notify the sentencing judge and prosecuting attorney, or their successors, of the application;

(2) provide a copy of the application to the judge and attorney; and

(3) solicit the judge's and attorney's written statements on whether to grant clemency.

(b) Unless otherwise provided in this chapter, "law enforcement agency" includes the sentencing judge and prosecuting attorney or their successors.

Subd. 3.Notice to public.

At least 30 calendar days before the commission meeting at which the application will be heard, the commission must publish notice of an application in a qualified newspaper of general circulation in the county in which the applicant's crime occurred.

History:

2023 c 52 art 8 s 7

Official Publication of the State of Minnesota
Revisor of Statutes