The Minnesota Sentencing Guidelines Commission will vote Thursday on whether to remove a factor used to determine appropriate sentences in state courts. Public comments on the matter generated significant opposition.
The commission meets at 1 p.m. Thursday in Room G3 of the state Capitol building in St. Paul to determine whether to accept or reject a proposal to remove a half point for the in-custody status in the guidelines. Removing the point would mean judges would no longer take into consideration whether the offender committed the crime while in custody, on probation or on supervised release.
Points in the guidelines are added depending on the severity of the felony and the offender’s criminal history to determine an appropriate sentence.
The 11-member commission has been considering the change over the past several months and in November voted 6-4 to do away with the in-custody point. At that preliminary vote, no victims’ representative was seated on the commission.
At a Dec. 16 public hearing, of the 29 speakers, 16 were opposed to the change, citing what they said was poor timing to lessen punishment as Minnesota at a time when many see crime rising problem. Also of concern was the effect it may have on criminal sexual defendants.
“Please don’t make Minnesota more rapist friendly,” wrote Samantha DeGroot of Faribault. “When you lessen the punishment for sexual violence you clearly and with a loud voice, tell victims that their pain, trauma and loss is not worth the court’s time.”
Of the 3,562 submitted public comments, there were about 209 comments in favor of the proposal and 3,353 comments opposed to the proposal. Republicans and some Democrats voiced opposition as well.
“I strongly urge the Commission to reject this radical proposal that would reduce sentences for repeat criminals and threaten the safety of Minnesotans,” said Rep. Brian Johnson, R-Cambridge in a press release Wednesday. “With violent crimes spiking across the Metro, now is not the time to reduce sentences even more.”
GOP members have planned a press conference at 10 a.m. Thursday in Room 1200 of the Minnesota Senate Building to voice their opposition.
Two suburban Democratic senators, Sen. Karla Bigham, D-Cottage Grove and Sen. Matt Klein, D-Mendota Heights, did not specifically mention the commission’s vote in a Thursday press release, but pledged to press bi-partisan tough-on-crime measures in the upcoming legislative session.
“The increase in violence throughout our communities across Minnesota is unacceptable,” Bigham said. “We need to address the root causes, and those responsible for committing crimes must be held accountable.”
Those in favor of doing away with the in-custody point cited concerns that the added point, which could result in a longer prison sentence, was unfairly affecting felons who desire to better themselves. Supporters say their data shows the change would, at least temporarily, increase capacity in the state’s prison system by freeing up more than 500 beds.
The Minnesota Second Chance Coalition called the in-custody point “overly punitive.”
“A person’s current correctional control status has nothing to do with their history, only their present,” wrote the Minneapolis non-profit. “It makes no sense to double down on a system that didn’t work in pursuit of something that might.”
The change is opposed by law enforcement. Several police chiefs wrote in opposition, including the MN Police and Peace Officers Association.
“As a Police Chief, I have seen time and time again repeat offenders who are on probation or parole continue to violate the law with impunity. They do this because they know there are little to no consequences for their actions,” wrote Minneota Police Chief Bill Bolt.
Several letters were signed by people affiliated with the University of Minnesota, such as Christopher Uggen, University of Minnesota Regents professor, who wrote that he was concerned about racial disparities.
“The custody point amplifies existing racial disparities in the state’s criminal legal system,” he wrote. “Relative to other states, Minnesota has unusually high racial disparities in punishment, such that the custody point particularly disadvantages Black and Native American Minnesotans relative to other groups.”
And there were some victims of crime who feared what may happen if the person that harmed them is given less time.
Patricia Brock of Minneapolis tells of having her door smashed in during a burglary and seeing the offender released with no consequences.
“I have never felt safe in my home since then,” she wrote. “Please restore safety to the law abiding, tax paying citizens of Minneapolis. Please enforce proper sentencing for criminals.”
If adopted, those modifications will be implemented Aug. 1, unless the Legislature intervenes.
