International Legislators Forum: Minnesota Criminal Justice Issues June 27, 2017 Winnipeg, Manitoba

Overview Minnesota ranks 46th in prison incarceration Determinate sentencing Over 8,000 individuals enter prison annually Over 109,000 on community supervision Three major areas of concern: -Criminal Justice System Issues -Prison Population Growth Issues -Community Resource Issues mn.gov/doc

Criminal Justice System Issues Sentencing Guidelines Drug Sentencing/Sex Offender Sentencing Residency Restrictions Geographic Disparities (sentencing practices, resource availability, etc.) Civil Commitment Sentencing Guidelines: MN is a determinate sentence state using a sentencing grid; Legislature is increasingly concerned about Guidelines Commission making changes without prior legislative input Drug Sentencing/Sex Offender Sentencing: 2016 changes to try to reduce the number of prison commitments for drug offenses; increasingly long sentences for CSC with more under discussion Residency Restrictions: There are currently 75 known Minnesota cities who have implemented sex offender residency restrictions. DOC nationally published research has shown that residency restrictions are not beneficial. In addition, restrictions only compound the existing difficulties in finding stable housing for sex offenders. Geographic Disparities: Outstate MN lacks sufficient treatment resources, transportation options, etc. In addition, sentencing practices vary significantly both in the metropolitan areas and outstate resulting in disparate system responses to similar offenses Civil Commitment: MN has the highest number committed per capita and lowest number released in the country. MSOP housed 721 as of 12/31/16 with 89 living in Community Preparation Services mn.gov/doc

Prison Population Growth Issues Medical and mental health issues; aging inmate population Recruiting and retaining professional staff Safety/security: discipline and use of restrictive housing Aging infrastructure Lack of sufficient treatment resources Gender- and culturally-specific program disparities Medical/MH: Medical costs soar with Hep C/HIV; % of offenders with MH issues continues to increase; average age has increased from 32.7 in 1998 to 37.1 in 2017. Number over 50 has grown from 309 to 1,450 Recruiting/Retaining Staff: Issues recruiting and retaining professional staff at all levels – particularly for facilities located outside the Twin Cities metro area Restrictive Housing: National and local media attention focus on “segregation usage” – DOC changing policies and practices/receiving technical assistance from Vera Institute – requires ability to balance safety and security with need to change discipline practices Aging Infrastructure: Three of DOC’s ten facilities are over 100 years old; two others are converted treatment facilities – all requiring significant maintenance; numerous safety issues Lack of Tx Resources: Over 85% of inmate population diagnosed as chemically dependent or abusive; not enough facility treatment beds or aftercare Gender/culturally-specific programs: Significant lack of research-based female- and gender-specific programming; mn.gov/doc

Highest Growth Offense Types 2000-2015 July 2000 July 2015 Difference Total Population 6,276 10,119 3,843 Person 3,719 5,215 1,496 --Sex Offense 1,222 1,688 466 --Homicide 1,081 1,392 311 -- Felony Domestic Assault 7 277 270 --VOFP/Stalking/Harassment 44 322 278 Drugs 1,006 1,911 905 --Meth 74 955 881 Property 1,102 1,144 42 Other 449 1,849 1,400 --Felony DWI 683 --Weapons 189 494 --Failure to Register 3 173 170 DOC Profile Card

Minnesota’s Low Incarceration Rate 2015 Incarceration Rate (Sentenced prisoners per 100,000 population) BJS incarceration rates are based on counts of prisoners with sentences of more than 1 year under the jurisdiction of state or federal correctional officials. U.S. Total Incarceration Rate 458 Source: Bureau of Justice Statistics, Prisoners in 2015.

Growing Prison Population Prison Population Percentage Change, 2010-2015 Minnesota +6.3% Source: Pew National Imprisonment and Crime Rates Continue to Fall Report - December 2016

Community Resource Issues Lack of Supportive Housing Lack of Sufficient Community-Based Treatment Resources Lack of Vocational Opportunities Availability of Drug/Addiction Resources Out-State Transportation Issues Housing: MN in general lacks sufficient affordable housing; criminal history is a significant barrier; not enough transition housing, particularly outstate; nearly half of homeless adults (Wilder Survey) have been incarcerated at some point, even worse for males – 63% of male homeless have been incarcerated Community Tx: Vocational: Stable employment shown to reduce recidivism; job opportunities limited for offenders, particularly out state Drug/Addiction: MN has slightly less than 400 licensed treatment providers – only 7% of those with substance abuse disorders receive treatment annually Out State Transportation: Limited access to public transportation in 80 non-metro counties; DOT shows 44 outstate transit systems plus 2 tribal; however, most are “on demand” type (e.g., services for medical appointments rather than for ongoing employment access). mn.gov/doc

Thank you! Tom Roy, Commissioner Tom.Roy@state.mn.us 651-361-7200 mn.gov/doc