Bill provides path to earlier prison release for some; Republicans see 'get out of jail free' card

The bill Republicans call a "get out of jail free card" passed the Minnesota House early Tuesday and heads to Gov. Tim Walz, whose signature will eventually give thousands of prisoners an opportunity to reduce their sentences.

The Minnesota Rehabilitation and Reinvestment Act (MRRA), which Walz proposed in his budget, will allow qualified inmates a chance to shave an additional 17% off their sentences.

"What I think Minnesotans should want is people who come into the system come out better than when they went in," said Department of Corrections Commissioner Paul Schnell. "That's what we want to incentivize."

Sen. Michael Kreun, R-Blaine, countered: "We're focusing too much on the criminals and not enough on the victims and keeping our community safe."

The MRRA is part of a $3.5 billion, two-year public safety bill that passed the Senate Friday with $880 million in new spending and extensive policy changes, including expanded background checks for gun sales, a red flag-style law for gun owners, pay raises for the judiciary and more money for public defenders and civil legal assistance.

Minnesota is among 12 states that don't provide inmates an opportunity to shorten their sentences. Under current law, most inmates serve two-thirds of their sentence regardless of what they do.

The public safety bill directs Schnell to develop policies and procedures to set up the MRRA, a process he expects to take up to 18 months. "We believe the standards should be high and yet realistic," he said.

Upon incarceration, eligible inmates with sentences of more than a year will receive a personalized plan that could include a combination of mental health therapy, education, career training or treatment for chemical dependency. Juvenile offenders and the 516 inmates serving life sentences won't be eligible.

In an opinion piece, state Republican Party chair David Hann called the legislation "deeply flawed and misguided." He raised the specter of early release for more than 7,400 prisoners.

Sen. Warren Limmer, R-Maple Grove, said he expects recidivism rates to remain steady even under the MRRA because inmates are deceptive. "They're playing the long con," Limmer said.

As evidence that incentives work, however, Schnell pointed to the state's longstanding Challenge Incarceration Program, commonly referred to as boot camp. It's an 18-month highly structured program that incorporates substance abuse treatment, physical training and education.

Program participants are 35% less likely than the general population to return to prison or jail for a new crime and 32% less likely to commit a new felony, according to department data.

Schnell also said goals in the MRRA will be rigorous and not easily faked. "We're going to do this thoughtfully. We are going to be required to submit data and have regular reporting," he said. "We want people to be able to learn new skills and be able to demonstrate them during the period of their incarceration."

Under the MRRA, inmates who succeed with their personalized plans will be eligible to cut up to half off their original sentences.

Under current law, an inmate sentenced to 10 years serves just shy of seven years regardless of what they do in prison. With the MRRA, successful inmates will be eligible for release in five years.

Of the more than 8,000 inmates locked up in Minnesota prisons, 95% will eventually be released.

Sen. Erin Maye Quade, DFL-Apple Valley, said Minnesota should not simply throw people away because they're in prison. "When you invest in rehabilitation, you get their full humanity back in their community," Maye Quade said.

The Minnesota Sentencing Guidelines Commission said in a 2021 report to the Legislature that the state had the fourth lowest rate of imprisonment and the fifth highest rate of probation in the country.

Kelly Lyn Mitchell, executive director of the Robina Institute of Criminal Law and Criminal Justice at the University of Minnesota Law School and chair of the Minnesota Sentencing Guidelines Commission, said it's difficult to compare sentencing practices across states.

"There are too many variables to take into account, including how the crime is defined, charging practices and back-end mechanisms that affect time served," she said.

Minnesota County Attorneys Association Executive Director Robert Small isn't a big fan of the MRRA, but the statewide prosecutors' group didn't take a formal position.

Small, however, said prosecutors would prefer inmates earn their time off from 100% of their sentences, not get an additional 17% break off the two-thirds. "Victims aren't told that at the time of sentencing," he said.

Andrea Palumbo, chair of the legislative affairs committee for Minnesota Second Chance Coalition, said the bipartisan nonprofit supports the changes.

"Any kind of program that sets their mind on rehabilitation is great," she said, adding that the personalized nature of the incentives is also significant, especially the chemical dependency treatment because substance abuse often drives criminal behavior.

The MRRA has elements that will "get people set when they're leaving incarceration so they can move forward, really get them some skills and some training and counseling so they can successfully re-enter the community," she said.

The new system is expected to save the state money that will be directed into a justice reinvestment fund to be used for victim services and juvenile programs, among other things. The savings amount to about $18 per day per inmate, Schnell said.

For the inmates, the incentives will continue upon release. With good behavior, they can shorten their time under supervision.