SF 5215
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/28/2026 09:13 a.m.
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A bill for an act
relating to corrections; requiring the commissioner of corrections to establish a
graduated sanctions grid for technical violations of probation, parole, and supervised
release; mandating use of the graduated sanctions grid; limiting revocations for
technical violations; requiring a report; proposing coding for new law in Minnesota
Statutes, chapter 244.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[244.52] SHORT TITLE.
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Sections 244.52 to 244.57 may be cited as the "Swift and Certain Sanctions Act."
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Sec. 2.
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[244.53] DEFINITIONS.
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(a) For purposes of sections 244.54 to 244.57, the following terms have the meanings
given.
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(b) "Commissioner" means the commissioner of corrections.
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(c) "Community supervision agencies" means any state, county, or local department,
agency, or authority responsible for supervising individuals under court-ordered community
supervision, including probation, parole, supervised release, or other post-custody oversight.
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(d) "Noncustodial sanction" means a sanction that does not involve confinement in a
jail or prison.
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(e) "Technical violation" means a violation of a condition of probation, parole, or
supervised release that does not constitute a new criminal offense and does not involve
conduct that presents an identifiable and immediate threat to public safety.
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(f) "Validated risk assessment" means an assessment instrument demonstrated by
scientific research to be accurate and reliable in assessing the risks and needs of the specific
population on which the assessment was validated.
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Sec. 3.
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[244.54] GRADUATED SANCTIONS GRID; CREATION.
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new text begin Subdivision 1. new text end
new text begin Creation. new text end
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By February 1, 2027, the commissioner of corrections must
establish and maintain a statewide graduated sanctions grid governing responses to technical
violations of probation, parole, and supervised release.
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new text begin Subd. 2. new text end
new text begin Consultation. new text end
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In developing the grid, the commissioner must consult with:
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(1) the Sentencing Guidelines Commission;
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(2) community supervision agencies;
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(3) the judicial branch; and
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(4) justice research entities with expertise in evidence-based supervision practices.
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new text begin Subd. 3. new text end
new text begin General requirements. new text end
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The graduated sanctions grid must:
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(1) classify technical violations into severity levels according to section 244.55;
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(2) incorporate validated risk assessment results;
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(3) provide presumptive and proportional sanctions that escalate with repeated violations;
and
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(4) prioritize noncustodial sanctions unless clearly insufficient to achieve compliance.
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Sec. 4.
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[244.55] GRADUATED SANCTIONS GRID STRUCTURE; MANDATORY
USE.
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new text begin Subdivision 1. new text end
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(a) The graduated sanctions grid must be organized by:
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(1) violation levels on the vertical axis ranging from a first minor violation through a
third minor violation and a first major violation through a third major violation;
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(2) the following risk levels on the horizontal axis:
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(i) very high;
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(ii) high;
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(iii) moderate;
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(iv) low; and
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(v) administrative; and
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(3) sanction response ranges that correspond to an appropriate violation and risk level.
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(b) The sanction response ranges are:
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(1) range 1, a verbal or written warning, increased reporting, drug testing, and coaching;
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(2) range 2, electronic monitoring, increased treatment, and a curfew for up to 60 days;
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(3) range 3, a curfew of up to 120 days and 30 to 40 hours of community service; and
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(4) range 4, a curfew of up to 180 days, additional community service, additional jail
time, and revocation referral.
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new text begin Subd. 2. new text end
new text begin Mandatory use. new text end
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(a) Beginning April 1, 2027, when responding to a technical
violation, a supervising authority or court must apply the graduated sanctions grid. A
departure from the presumptive sanction in the grid must only occur upon written findings
by the supervising authority or court that:
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(1) the presumptive sanction is insufficient to address continued noncompliance; or
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(2) the violation presents an identifiable and immediate risk to public safety.
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(b) There is a rebuttable presumption that incarceration is not an appropriate response
to a technical violation.
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(c) All sanctions imposed for technical violations must be documented and tracked by
the supervising authority for purposes of progressive responses.
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Sec. 5.
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[244.56] LIMITS ON REVOCATION.
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new text begin Subdivision 1. new text end
new text begin Exhaustion requirement. new text end
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Probation, parole, or supervised release must
not be revoked for a technical violation unless the supervising authority has:
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(1) applied graduated sanctions consistent with the grid; and
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(2) documented that noncustodial sanctions have been exhausted or proven ineffective.
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new text begin Subd. 2. new text end
new text begin Threshold for revocation. new text end
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Revocation for a technical violation may only be
imposed after three or more prior technical violations have occurred, unless the court finds
that the violation presents an immediate and substantial threat to public safety.
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Sec. 6.
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[244.57] DATA COLLECTION AND REPORTING.
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new text begin Subdivision 1. new text end
new text begin Data collection. new text end
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The commissioner must collect data on:
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(1) technical violations;
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(2) sanctions imposed under the grid;
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(3) the use of custodial sanctions;
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(4) revocations; and
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(5) disparities by race, ethnicity, and geography.
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new text begin Subd. 2. new text end
new text begin Annual report. new text end
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The commissioner must submit an annual report to the chairs
and ranking minority members of the legislative committees with jurisdiction over public
safety summarizing implementation of the graduated sanctions grid and outcomes resulting
from use of the graduated sanctions grid.
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