Highlights
- Minnesota has one of the lowest incarceration rates at 47th in the country.
- But the state ranks fifth in the percentage of residents who are on probation.
- A fourth of the inmates at the Stillwater prison are there because of probation violations.
- Lawmakers weigh changes to probation that could reduce prison population and recidivism.
Minnesota ranks fifth in the nation in the percentage of residents who are on probation.
A bipartisan group of state lawmakers wants to change that.
They are pitching reforms that would cap probation sentences at five years and reduce the number of offenders who are locked away for probation violations.
“Minnesota is failing the fundamental test of fairness in our probation system,” said state Rep. Jamie Long, DFL-Minneapolis, during a Capitol news conference on Tuesday. “We are a national outlier when it comes to the amount of punishment that we are providing to Minnesotans.”
Because of the way the law is written, probation sentences can range anywhere from four to 40 years. The actual wording is this: “The stay shall be for not more than four years or the maximum period for which the sentence of imprisonment might have been imposed, whichever is longer.”
Under Long’s bill, probation sentences could be no longer than five years except for cases of murder and criminal sexual misconduct. The proposal would not apply to those already serving long probation sentences, Long said.
Another proposal from Long would require the Minnesota Sentencing Guidelines Commission to set probation terms based on the offense and offender.
REDUCING PROBATION VIOLATIONS
Offenders who commit nonviolent, drug-related violations while on probation could get treatment instead of being sent back to prison under a bill from state Rep. Marion O’Neill, R-Maple Lake.
The proposal would expand and double the funding of the Alternatives to Incarceration pilot program, which started in Anoka County last year. That program made a notable impact in its first year: There was a 60 percent drop in prison admissions among nonviolent drug offenders who participated.
Lawmakers and advocates hope the bill will reduce the number of people who are sent back to prison because of probation violations, not new crimes. A fourth of the inmates at the Stillwater prison are there because of probation violations.
“As opposed to having a probation system that’s really set up to just watch and wait for you to make a little mistake, we want a much more helpful probation system that interacts in real ways with the lives of the folks that are in the corrections system,” said state Rep. Carlos Mariani, a Democrat from St. Paul who chairs the House public safety committee.
‘IT HAS AFFECTED MY LIFE DRAMATICALLY’
Sarah Walker, deputy commissioner of the Minnesota Department of Corrections, said the DOC is committed to reducing technical violations. She added that these bills could help do just that, because “the longer you are on probation, the more likely you are to get caught on a technical violation.”
Jennifer Schroeder, a drug and addiction counselor from St. Paul, said she is serving a 40-year probation sentence for a nonviolent drug crime that happened years ago.
She shared her story at the State Capitol on Tuesday.
“It has affected my life dramatically,” Schroeder said. “Until I’m 71 years old, I have the potential of going to prison for (probation violations).”