Overview � of � Drugs � and � Prison � in � Minnesota PRESENTATION � TO � PRISON � POPULATION � TASKFORCE SEN. � RON � LATZ � & � REP. � TONY � CORNISH, � CO � CHAIRS NOVEMBER � 18, � 2015 NATE � REITZ, � MSGC � EXECUTIVE � DIRECTOR MINNESOTA � SENTENCING � GUIDELINES � COMMISSION Over � 52,000 � Minnesotans � are � admitted � for � substance � abuse � treatment � annually 2014 � treatment � admissions � by � substance � of � abuse � ( SOURCE : � SAMHSA) Marijuana Heroin 16% Amphetamines 10% 17% Other � opiates 8% Cocaine 3% Tranquilizers, � sedatives, � Alcohol � + � secondary � hallucinogens, � drug inhalants, � PCP, � 18% Alcohol � only other/unknown 26% 2% 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE
National � rise � in � drug � overdose � deaths National � overdose � deaths � from � select � prescription � and � illicit � drugs ( SOURCE : � N ATIONAL I NSTITUTE ON D RUG A BUSE ) 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Rx � Opioid � Pain � Relievers Rx � Benzodiazepines Cocaine Heroin 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE 30 � year � trends � in � national � arrest � rates � for � drug � possession � vs. � sale U.S. � arrest � rates, � drug � possession/use � and � drug � sale ( SOURCE : � B UREAU OF J USTICE S TATISTICS ) 500 Possession � arrest � rate Arrests � per � 100,000 400 300 Sale � arrest � rate 200 100 0 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE
13 � fold � rise � in � drug � imprisonment � in � 33 � yrs. according � to � national � sentencing � reform � advocacy � group Number � of � people � in � prisons � and � jails � for � drug � offenses, � 1980 � and � 2013 ( SOURCE : � THE SENTENCING PROJECT , � USING BUREAU OF JUSTICE STATISTICS DATA ) � 250,000 2013, � 210,200 � 2013, � 180,600 � � 200,000 � 150,000 2013, � 98,200 � � 100,000 � 50,000 1980, � 19,000 � 1980, � 17,200 � 1980, � 4,700 � �� U.S. � state � prisons Federal � prisons U.S. � jails 1980 2013 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE Minnesota’s � drug � crime � prisoner � population � tripled � from � 1998 � 2005 Minn. � state � prison � population � by � offense � type, � 1998 � 2015 Total, � 2015, � 10,090 � Drug Person Property DWI Weapons Other Other, � 2015, � 454 � � 10,000 Total, � 2005, � 8,708 � (EXCLUDES � PSI � HOLDS) � (SOURCE: � MN � DOC) Weapons, � 2015, � 683 � Total, � 1998, � 5,485 � � 8,000 DWI, � 2015, � 683 � PRISON � POPULATION Other, � 1998, � 334 � Property, � 2015, � 1,144 � � 6,000 Property, � 1998, � 1,079 � Person, � 2015, � 5,215 � � 4,000 Person, � 1998, � 3,368 � � 2,000 Drug, � 2005, � 2,178 � Drug, � 2015, � 1,911 � Drug, � 1998, � 704 � �� 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE
In � 2014, � most � Minn. � prison � time � for � drug � crimes � was � linked � to � amphetamines � (meth) Drug � crime � prison � beds Race � of � occupants � of � drug � crime � prison � beds ( �� of � sentences � executed � in � 2014) (sentenced � 2014) 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 0% 20% 40% 60% 80% 100% Drug � type, � as � coded � on � criminal � complaints (Minn � adults., � 2010) Meth/amphetamine 20%, � Cocaine Cocaine 7%, � Heroin 65%, � Meth/ � Heroin 3%, � Syn. � narcotic amphetamine Synthetic � narcotic Marijuana 2%, � Marijuana Hallucinogen 1%, � Hallucinogen Other/unknown 2%, � Other/unknown Total � of � all � drug � beds (Minn. � prisoners, � 2015) Sale � (incl. � meth � mfg. � and � possession � of � precursors) Possession � (incl. � meth � crimes � in � child's � presence) White Black American � Indian Hispanic Asian Other 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE Prison � beds � from � sentences � executed � 2012 � 14 5th � Degree Sentencing � in � 1st � 14% and � 2nd � Degree � 4th � Degree 2% drug � cases 1st � Degree 33% The � rest � of � this � presentation � will � focus � almost � exclusively � on � sentencing � for � 3rd � Degree 1st � and � 2nd � Degree � controlled � 18% substance � crime Why? Most � serious, � and � most � studied, � • drug � offenses Prison � presumed � in � all � cases • Most � prison � beds, � compared � to � • 2nd � Degree other � degrees 33% 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE
Fewer � than � half � of � 1st � and � 2nd � Degree � drug � offenders � get � presumptive � sentence 1ST � DEGREE � DRUG � SENTENCES, � 2012 � 14 2ND � DEGREE � DRUG � SENTENCES, � 2012 � 14 No � mitigated � No � mitigated � departure � Sentence � not � executed � departure � Sentence � not � executed � (executed � (mitigated � disposition) (executed � (mitigated � disposition) sentence) 34% sentence) 37% 34% 45% Executed, � but � Executed, � but � mitigated � mitigated � duration duration 21% 29% 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE Reasons � for � these � departures � vary MOST � COMMON � REASONS � FOR � DEPARTURE PROSECUTOR’S � POSITION � ON � DEPARTURE Prosecutor � Cooperation � with � police No � position � objects Clean � record recorded 18% 21% Save � taxpayers � trial � costs Crime � less � serious � than � ordinary Minor � role � in � crime Longer � supervision Court � services � recommends Amenable � to � treatment, � etc. Amenable � to � probation/rehab Prosecutor � does � Remorse/accepts � responsibility not � object 61% 0% 10% 20% 30% 40% 50% All � 1st � and � 2nd � Degree � drug � sentences � with � a � mitigated � departure, � 2012 � 14 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE
Departure � rates � vary � by � race Departure � rates � for � 1 st and � 2 nd Degree � drug � offenders, � sentenced � 2012 � 14 100% 90% 25% 27% 30% 35% 37% 80% 42% 70% 27% 18% 60% 39% 20% 25% 50% 18% 40% 30% 52% 48% 43% 20% 40% 40% 34% 10% 0% White Black Am. � Indian Hispanic Asian Overall No � mitigated � departure � (executed � sentence) Executed, � but � mitigated � duration Sentence � not � executed � (mitigated � disposition) 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE Departure � rates � vary � by � judicial � district Departure � rates � for � 1 st and � 2 nd Degree � drug � offenders, � sentenced � 2012 � 14 100% 90% 28% 30% 28% 29% 33% 35% 80% 41% 42% 41% 40% 45% 70% 5% 8% 19% 9% 60% 25% 14% 15% 17% 50% 15% 25% 53% 40% 67% 63% 30% 58% 53% 44% 44% 43% 20% 40% 40% 34% 10% 17% 0% 1st � (South 2nd � (Ramsey; 3rd � (SE; � incl. 4th 5th � (SW; � incl. 6th � (NE; � incl. 7th � (West 8th � (West; 9th � (NW; � incl. 10th � (North Statewide Metro; � incl. incl. � St. � Paul) Rochester) (Hennepin; Mankato) Duluth) Central; � incl. incl. � Willmar) Bemidji) Metro; � incl. Eagan) incl. � Mpls.) St. � Cloud) Woodbury) No � mitigated � departure � (executed � sentence) Executed, � but � mitigated � duration Sentence � not � executed � (mitigated � disposition) 11/18/2015 MSGC � PRESENTATION � TO � PRISON � POPULATION � TASKFORCE
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