|S.F. No. 564 - Civil Rights Restoration Upon Incarceration Release (First Engrossment)|
|Author:||Senator Mee Moua|
|Prepared by:||Chris Turner, Senate Research (651/296-4350)|
|Date:||March 16, 2009|
Section 1 provides that an individual convicted of a felony is eligible to vote as soon as the
individual completes any incarceration imposed and executed by the court for the offense. If the
individual is later incarcerated for the same offense, the individual's eligibility to vote is lost only
during the period of incarceration.
Section 2 is a conforming amendment that changes the voter registration application requirements to reflect the right of felons who have completed their term of incarceration to vote.
Section 3 requires the state court administrator's office to include in its monthly report to the secretary of state only the names and sentencing data of those felons who were sentenced to a period of incarceration.
Section 4 requires the secretary of state to develop an electronic publication with complete and accurate information about the voting rights of people who have been charged with or convicted of a crime. The publication must be made available to the state court administrator for distribution to judges, court personnel, probation officers, and the Department of Corrections for distribution to corrections officials and the public.
Section 5 is a conforming amendment to the Voter's Bill of Rights notifying the public that individuals have the right to vote even if they have been convicted of a felony, so long as they have completed their term of imprisonment for the offense.
Section 6 is a conforming amendment regarding polling place registration.
Section 7, subdivision 1, requires the chief executive officer of each state and local correctional facility to designate an official within the facility to provide the notice and application required under this section to inmates who have been restored to civil rights, and to maintain an adequate supply of voter registration applications and informational materials.
Subdivision 2 requires notice of the restoration of civil rights and a voter registration application be provided to inmates being released from a correctional facility following incarceration for a felony-level offense. Requires probation officers and supervised release agent to provide the notice and application for all offenders under correctional supervision for a felony offense.
Subdivision 3 stipulates the form and content of the notice of the restoration of civil rights.
Subdivision 4 provides that failure to provide notice as required by this section does not prevent the restoration of the person's civil rights.
Section 8 is a conforming amendment regarding the restoration of civil rights for persons convicted of a disqualifying crime.
Section 9 requires the court, at the time of arraignment, prior to the court's acceptance of a plea from the defendant, to notify felony defendants that a guilty plea or conviction for a felony-level offense will result in a loss of the defendant's civil rights, including the right to vote.
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