Olmsted County Attorney Mark Ostrem is warning that a move to slash prison sentences for certain drug offenders could cause major problems in Greater Minnesota.
The Minnesota Sentencing Guidelines Commission has given initial approval to a plan that would reduce sentences for some offenders convicted of first-degree drug crimes from seven years to four years in prison. In some cases, second-degree drug offenders would be eligible for probation instead of prison sentences.
Ostrem said the plan lumps low-level drug sellers with drug users — something he said needs to remain separate. In small towns across the state, he said these small drug sellers can cause serious problems.
"The impact of these lower-level crimes in Greater Minnesota is huge," Ostrem said.
But supporters of the commission's proposal say the changes are long overdue. Rochester defense attorney Jacob Allen, a partner with O'Brien & Wolf LLP, said other states have already taken steps to lower prison sentences for nonviolent drug offenders.
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"These are people who are addicts who are selling to sustain their own addiction or they're possessing for their own addiction. These aren't the people who necessarily need to go to prison — at least not right away. I think it's fair to give them an opportunity to at least prove themselves in the community," Allen said.
The public will get a chance to weigh in on the proposed changes during a hearing on Wednesday in St. Paul. The commission is expected to take a final vote on the plan on Dec. 30. If approved, the sentencing changes would become law on Aug. 1, 2016, unless the Minnesota Legislature opts to block it. A group of faith, community and health leaders has scheduled a press conference Wednesday in St. Paul to speak out in favor of the changes. Participants will include Dr. Chris Sigurdson, former chief of psychiatry at the Federal Medical Center in Rochester.
A growing prison population
Nationwide, momentum has been growing to roll back some of the tough drug policies passed in the 1980s. Minnesota Supreme Court Justice Christopher Dietzen, chairman of the commission and author of the plan, noted in a memo that while the state's overall prison population climbed by 84 percent between 1995 to 2015, the number of individuals in prison during that time for drug offenses jumped by 171 percent. If the proposal passes, Dietzen estimates it would free up an estimated 700 prison beds.
The proposed changes have divided people in the judicial community. The Minnesota Association of Criminal Defense Lawyers backs the move, while the Minnesota Association of County Attorneys has come out in opposition to the plan.
During an interview, Ostrem shared his personal concerns with the proposal. He said he agrees changes are needed in how the state sentences drug offenders, but this is the wrong way to do it.
"This is just so arbitrary and there really should be a more thoughtful response," he said.
He'd rather see legislators pass laws to raise the threshold for certain crimes instead of an across-the-board cut in drug sentences. He also believes it is that important drug sellers are subject to harsher penalties than buyers.
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Supporters of the change contend that changes are needed to address what fuels many of these low-level drug crimes — addiction. Allen has spent 15 years working as a defense attorney in Olmsted County. He said sending people struggling with drug addiction to prison is counterproductive.
"You are sending them to prison where they are going to become more hardened, institutionalized with no job prospects and limited connections to the community instead of being connected back to the community through treatment," Allen said.
Lawmakers weigh in
The big question remains whether Minnesota lawmakers will take action when they return to the Capitol in March. Byron Republican Rep. Duane Quam said he wants the Legislature to hold hearings on the plan instead of just allowing the proposal to move ahead.
"Let's look at these offenses and have the debate and what comes out of the debate is the correct answer because it's gone through the process," Quam said.
Rochester DFL Rep. Tina Liebling, a defense attorney, said she supports the move to reduce sentences for nonviolent drug offenders who are struggling with addiction. She said getting lawmakers to lighten penalties on drug offenders would be politically difficult.
"The Legislature, of course, is a very political body," Liebling said. "It's really hard for the Legislature to do much besides ratchet up sentences, and I have seen this over time."
