by Michelle Lawson
District Judge, Clay County
There were 9,929 adults in prison in Minnesota as of July 1, 2014, according to the Adult Inmate Profile published by the Minnesota Department of Corrections. There were even more adults than that incarcerated in county jails. Probation serves as an important alternative to time in jail or prison.
Public policy favors probation over incarceration. Probation is less costly than jail time and provides an avenue for remedial and safety-based services to be provided to those in need of those services. Felony offenses are punishable by more than one year in custody. Felony offenders who have their sentences executed are sent to prison. Prisons are funded and run by the state. Misdemeanor offenders (one year or less in custody) serve their time in county jails. Jails are funded and run locally at the county level.
When an individual is placed on probation for a felony offense, some amount of local jail time as a consequence is generally required. This local jail time can be up to a full year, depending on the severity of the offense, but is usually between 45 and 180 days. In addition to consequential jail time, the offender is placed on supervised probation and subject to the general conditions of probation. The general requirements of felony probation include but are not limited to the following prohibitions: voting, holding elected office and possessing a firearm. Furthermore, the individual’s home is subject to search by his or her probation officer, and the offender must report to and be supervised by the probation officer as deemed appropriate by the Minnesota Department of Corrections. Furthermore, an individual on probation will likely be required to participate in some services or programming that are specific to his or her needs. For examples, chemical-dependency treatment, mental-health treatment, domestic-violence programming and parenting classes – just to name a few of the most common. While on probation, the remainder of jail time is stayed, meaning the remainder of jail time is set aside pending successful completion of probation and any other conditions imposed by the court. Upon successful compliance with and discharge from probation, the stayed jail time does not have to be served. Alternatively, if what is required by probation and the court’s sentencing order are not done, and the individual is found in violation of probation, the sentence may be executed and the offender may be sent to prison to serve the rest of the sentence. Alternatively, serving another consequential piece of the sentence and being placed back on probation may be ordered. Until successful discharge from probation, an individual may need to serve time if the rules of probation are not followed.
Misdemeanor probation works much the same as felony probation. However, if jail time is executed, the offender is not sent to prison but rather will serve the sentence in local jail.
Probation is an important public service designed to provide individuals with the resources and services they need to lead crime-free, productive lives and no longer be involved in the criminal-justice system. They are supervised by probation officers to promote and preserve public safety. Furthermore, probation saves both state and local governments money related to incarceration. In the alternative, if individuals do not follow through with their probation or commit new criminal offenses while on probation, they are required to serve the time.
