How Long Can Probation Last in Minnesota?

How Long Can Probation Last in Minnesota?

Probation used to last a very long time in Minnesota. One woman sentenced in 2013 for drug possession got 40 years of probation, the Minnesota House reported in 2023. That year, lawmakers changed the law. Here’s how Minnesota probation length works now, and when it can be extended.

The basic limits

Minnesota law sets a top limit for probation. The law calls it a stay of sentence. The limit depends on the crime:

  • Most felonies: up to five years, or the longest prison term the crime allows, whichever is less.
  • Gross misdemeanor DWI and two other listed gross misdemeanors: up to four years.
  • Other gross misdemeanors: up to two years.
  • Misdemeanor DWI, misdemeanor domestic assault against a family or household member, and a few other listed misdemeanors: up to two years.
  • All other misdemeanors: up to one year.

Felonies that can run longer

Some serious felonies follow a different rule. These include some homicide crimes, criminal vehicular homicide, criminal sexual conduct, and felony stalking. For those, probation can last up to four years or the longest prison term the crime allows. The longer of the two applies.

Unsupervised time at the end

For the four-year gross misdemeanor cases, the last year is unsupervised unless the court finds you need supervision. For the two-year misdemeanor cases in the DWI and domestic group, the second year is unsupervised on the same terms.

When probation can be extended

The limits are not always the end. A court can extend probation in two situations:

  • Unpaid restitution. Up to one year if you haven’t paid restitution on schedule and likely won’t before probation ends. After another hearing, the court can add one more year.
  • Unfinished treatment. Up to three years if you haven’t completed court-ordered treatment and likely won’t in time.

Each extension requires a hearing first.

An extension is not the only thing that can change your probation. If your agent reports a violation, the court can hold a hearing on whether to revoke it. This guide on what happens at a probation violation hearing explains your rights at that hearing.

Simple ways to stay on track

  • Keep a copy of your sentencing order and note your end date.
  • Track every restitution payment and keep the receipts.
  • Start court-ordered treatment early so it’s done well before your term ends.
  • Ask your agent to confirm your end date in writing.

When you are discharged

The law says you’re discharged six months after your probation term ends. That’s true unless the stay was revoked or extended, or you were already discharged.

Why the law changed

The bill’s sponsor said most revocations, if any, happen in the first two years. He said only about 1 percent of people are revoked after five years on probation. The state’s sentencing guidelines had set a five-year limit for most felonies back in 2020. The 2023 law made it firm.

The sponsor also said long probation terms weren’t improving public safety. The House report noted that the woman sentenced to 40 years could be sent back to jail for any violation, no matter how minor, until her term ended.

If you were sentenced before August 2023

The 2023 change reached back. The Minnesota Court of Appeals has said the new limits apply to people placed on probation before Aug. 1, 2023. A person on felony probation longer than the new limit became eligible for resentencing. For some who had already served five years, probation was treated as ending Oct. 1, 2023. There are exceptions, so check your own case.

Questions to ask about your own case

  • What is the exact length of my probation, and what date does it end?
  • Is any part of it unsupervised?
  • Do I owe restitution, or have treatment left, that could lead to an extension?
  • When will I be formally discharged?

Read the statute

The limits are in section 609.135 of Minnesota Statutes, subdivision 2.

The bottom line

Probation in Minnesota has firm outer limits, but they depend on the conviction, and a court can extend them in some cases. Knowing your exact end date helps you plan, and helps you spot a problem early.