Victims of domestic abuse, sexual assault or sex trafficking who have committed crimes as a result of their abuse could face lighter sentences under a proposal before the Legislature.
The Survivors' Justice Act would encourage judges to depart from guidelines and reduce sentences for certain offenders, as well as give those offenders already doing time the chance to petition for resentencing.
The bill had its first informational hearing Thursday before the House Public Safety and Criminal Justice Reform Finance and Policy Committee.
The Veterans Restorative Justice Act, which Gov. Tim Walz signed into law last year, uses an approach similar to the House proposal by providing guidance on sentencing for veterans involved in the criminal justice system. New York has a similar measure in place, called the Domestic Violence Survivors Justice Act.
Incarcerated women in Minnesota have experienced pervasive violence and abuse, said Nicole Matthews, executive director of the Minnesota Indian Women's Sexual Assault Coalition, at the committee hearing.
Native Americans make up a disproportionate share of incarcerated women, she said, accounting for about 20% of the population at the Shakopee women's prison while comprising less than 1% of the state's population.
Interviews by the coalition found that all but one of 62 Native American women currently or recently incarcerated at Shakopee had a history of relationship abuse, Matthews said. Three-quarters reported experiencing mental illness, including PTSD from previous trauma, anxiety and depression, she said.
"Many of the women drew direct and indirect connections between the violence and abuse they experienced and their involvement in the criminal justice system," Matthews said. "Criminalization should never be the penalty for victimization."
