 SENTENCING GUIDELINES COMMISSION Racial Impact Statements Nate Reitz Minnesota Sentencing Guidelines Commission March 19, /19/2015 1

 SENTENCING GUIDELINES COMMISSION Racial Impact Statements Purpose History in Minnesota Adoption in Other States Formulating a Policy Legislative Proposal 3/19/2015 2

 SENTENCING GUIDELINES COMMISSION Purpose Evaluate potential racial and ethnic disparities of proposed legislation Provide policymakers with an opportunity to reevaluate policy proposals and reformulate them in a manner that minimizes disparate impact 3/19/2015 3

 SENTENCING GUIDELINES COMMISSION Which Disparity? 3/19/2015 4

 SENTENCING GUIDELINES COMMISSION History of Racial Impact Statements Minnesota was the first state to provide racial impact statements MSGC prepared ten total racial impact statements from Separate from fiscal impact statements No defined process Estimates are based off of racial composition of current offender populations Difficult to estimate racial impact unless proposed crime modifies, is enhanced by, or appears similar to existing crime 3/19/2015 5

 SENTENCING GUIDELINES COMMISSION Adoption in Other States StateIowaConnecticutOregon WhatMinority Impact StatementRacial & Ethnic Impact Stmt. When2008 – Iowa Code § – Joint Legislative Rules2013 – New Law How & Who As part of corr. imp. stmt., under Human Rights Dep’t Crim. & Juv. Justice Planning Div. protocol Separate from fiscal note; prepared in consultation with Sentencing Commission et al. Separate statement by Criminal Justice Commission TriggerBefore floor debate if bill creates or significantly changes crime, punishment, crim. procedure (1) Bill would change correctional population AND (2) committee majority requests On request of one legislator from each major party ScopeThe impact of the legislation on minorities Disparate impact on the racial and ethnic composition of imprisoned population Effects on the racial and ethnic composition of the criminal offender population 3/19/2015 6

 SENTENCING GUIDELINES COMMISSION Toward an MSGC Racial Impact Policy Threshold: Fiscal note estimate: increase in ≥ 50 annual felonies or ≥ 10 prison beds Screening: Compare racial & ethnic composition of— Anticipated new felons to current felony offender population Anticipated new prison beds to current prison population Statement: Prepare racial impact statement if— The anticipated composition of the bill’s new felony population increases a group’s representation above both current felony and census populations, or The anticipated composition of the bill’s new prison bed population increases a group’s representation above both current prison and census populations 3/19/2015 7

 SENTENCING GUIDELINES COMMISSION SF 769/HF 1610—Racial Impact Screening Authors Sen. Dibble/Rep. Moran MSGC screens any bill which “may … affect the racial composition of the criminal offender population.” If so, MSGC issues a racial impact statement: Not new (for felonies): Number of criminal cases impacted annually, fiscal impact of confining persons, impact on correctional systems New: MSGC required to give this information for non-felony crime New: “impact on racial minorities” New: possible “effect on victims of crime who are members of racial groups for which date [sic] are available” 3/19/2015 8