Criminal justice advocates are frustrated that a law that allows incarcerated people to shorten their sentences in Minnesota is still in its pilot stages two years after it was passed.
The Minnesota Rehabilitation and Reinvestment Act (MRRA) was passed by the Minnesota Legislature in 2023, and went into effect Aug. 1 of that year. The act allows incarcerated people to shorten their sentence by up to 17% for good behavior and if they work to rehabilitate themselves by participating in programming and treatment.
Advocates say they wanted to see more progress by now. Some are frustrated that no one has been released early yet, and are also concerned about who is eligible to participate in the law’s pilot program.
“It’s so full of red tape that it’s actually creating more trauma,” said Kevin Reese, who leads the nonprofit, Until We Are All Free, which supports formerly incarcerated people.
Justin Terrell, executive director of the Minnesota Justice Research Center, said the law is a “baby step” toward reimagining the prison system, which has long prioritized punishment.
​​”We have to really move away from this punishment dynamic in our system, and really start looking at: How are we holding people accountable and creating a safe community?” he said.
Minnesota Department of Corrections Commissioner Paul Schnell said the department anticipated that it would take about 18-24 months to implement the law. A pilot program began this year with about 20 people incarcerated at the Moose Lake and Shakopee prisons.
Some of the pilot program’s participants will be notified soon that they meet the requirements and can be released early 90 days from their notification, Schnell said. The pilot program is also expected to expand at the Moose Lake and Shakopee prisons, and eventually expand to the Faribault prison in August or September, he said.
A new policy will go into effect in September that will allow people who enter prison starting Sept. 1, 2025 to work toward an early release. That policy is based on the 2023 act, but loosens some eligibility requirements.
Some advocates are frustrated that the pilot program was only made available to a small portion of the state’s prison population, while the September policy for new people will include a larger pool of potential participants. David Boehnke, an organizer with the Incarcerated Workers Organizing Committee, said that people who are currently incarcerated and have already participated in programming also need to be prioritized.
“You think you would do that first, because those are all the people who are waiting,” he said.
Schnell emphasized that the act makes sweeping changes that take time to put into place. He said implementing the new law is a “balancing act” that can’t be rushed.
“I understand the frustration about the length of time, but also, it’s critical that we do it right,” Schnell said.
Why release people earlier?
When Reese was incarcerated for 14 1/2 years in Minnesota, there was no incentive to participate in programming to shorten the length of a person’s sentence. Reese took part in programming, but didn’t get out any earlier than people who didn’t participate.
“None of that matters,” he said. “My out day is still my out day.”
Reese said incarcerated people are more likely to continue down the right path after prison if they better themselves through programming while incarcerated and are released sooner to their families and communities.
“This is important for the actual healing of our people in our community,” Reese said.
In Minnesota, incarcerated individuals generally serve two-thirds of their sentence in prison and the other third on supervised release. Under the early release law, incarcerated people who qualify will receive an individualized plan to guide them in working toward leaving prison before they reach the two-thirds mark of their prison term. Their period of supervised release can also be shortened.
Incarcerated people can earn credits towards an early release by participating in programming and treatment, and carrying out “heroic” or “life-saving” acts, according to the Department of Corrections.
The law excludes people with life sentences and those with sentences shorter than a year. The pilot program has a number of other requirements for participants: They must not have an active detainer or warrant, must not be considered at high-risk to reoffend, and can’t be imprisoned for homicide or criminal sexual conduct cases. They also can’t have any pending discipline or have committed high level violations in the past two years, among other criteria.
Schnell said he expects the exclusion regarding homicide and criminal sexual conduct convictions will eventually be eliminated.
Antonio Williams is the founder and co-executive director of the Minneapolis-based nonprofit T.O.N.E. U.P., which helps people leaving prison reintegrate into society. Williams, who spent about 14 years in prison in Minnesota, said prison is a “brutal” environment that’s not conducive to rehabilitation. Incarcerated people need options and a rehabilitation program tailored to each person’s needs, he said.
“It’s fundamental to any rehabilitation program or concept to have a way for someone to reach for something better, to see that there are other options, and to get the resources which come in the form of education, learning about yourself, learning about the world, shaking off some old values, unhealthy values and relationships,” he said.
Schnell said the law aims to improve public safety for everyone, and to reduce how often people recommit crimes after being released from prison. Those who receive programming in prison are less likely to reoffend, which reduces the number of crime victims overall, Schnell said.
Some critics saw the law as a “get out of jail free card,” he said, adding that that’s not the case.
Many other states have programs of some kind that allow incarcerated people to earn an earlier release, he said.
Keeping people in prison also costs money, and Schnell said half of the money the state will save from releasing people early will be redirected to services that support crime victims.
Frustrations with timeline, eligibility
The new policy will go into effect in September that will allow people who enter prison starting Sept. 1, 2025 has similar exclusions to the pilot program. But under the new September policy, people with homicide or criminal sexual conduct convictions will be eligible for the early release program, Schnell said.
Reese said the numerous requirements are creating division among incarcerated people.
“[The original law] was supposed to be retroactive, and everyone had a chance to be able to benefit,” Reese said. “And now it is turned into this exclusive program that you’ve got to meet with the skin of your teeth.”
Terrell understands that the state wants to start the process carefully, but said the scope of the pilot program shouldn’t be so narrow.
“They want to move strategically and make sure people are set up for success,” he said. “I think they could be setting more people up for success by eliminating some of those exclusions.”
Schnell said the eligibility exclusions in the pilot program and policy are necessary.
“The expectation is that people earn this, that people demonstrate the behaviors that would be indicative of the kind of the prosocial behaviors that we would expect in the community,” he said.
As the pilot program expands, Schnell said he also hopes to diversify the pool of people who participate. Currently 14 of the participants are white, and two are people of color, according to the Department of Corrections.
Advocates also worry that the planned closure of the Stillwater prison could lead to prison overcrowding if the state doesn’t act fast enough on the early releases. Lawmakers decided this year to close the prison by mid–2029.
Boehnke, with the Incarcerated Workers Organizing Committee, said it’s essential that more people are released before that happens to avoid overcrowding.
“MRRA is crucial to have a successful closure of Stillwater without having to spend hundreds of millions of dollars to build more beds, and it really should be the first step,” Boehnke said.
Schnell said the act has to be rolled out carefully. If there are mistakes, critics may advocate for it to be repealed, he warned.
“There’s going to be a lot of eyes on it,” Schnell said, “and because there were people who were critical of it before, we know that’s something that we have to be mindful of.”
Williams said he thinks fear is holding politicians back.
“What it is, is everyone thinking about their careers — they’re not thinking about the lives that are impacted,” he said. “It’s nothing more than a game — moving in fear.”
Correction: This story has been updated with the correct spelling of Kevin Reese’s name.
