How Long Can Probation Last in Minnesota?

How long can probation last in Minnesota? The answer depends on the level of the offense. For most felonies, a stayed sentence can last up to five years. For gross misdemeanors the limit is two years, or four years for certain offenses, and for misdemeanors it is one or two years. Courts can extend these limits in a few situations, and a person is generally discharged six months after the term of the stay ends. These limits come from Minn. Stat. § 609.135.

What probation is and when a court can use it

Minnesota law defines probation as a court-ordered sanction imposed for a period of supervision no greater than the period set by statute (Minn. Stat. § 609.02). It can be an alternative to confinement, or it can be combined with confinement or intermediate sanctions. Its stated purposes are to deter further criminal behavior, punish the offender, help repair harm to victims and communities, and offer opportunities for rehabilitation.

A court places a person on probation by staying imposition or execution of a sentence, and the probation may be with or without supervision (Minn. Stat. § 609.135). A court may also require up to one year in a local jail or similar facility as a condition of probation, which is separate from the length of the probation term itself.

A stay is not available when a life sentence is required by law or when a mandatory minimum sentence applies under Minn. Stat. § 609.11. That section sets mandatory minimum prison terms for listed offenses involving a firearm or other dangerous weapon. A person sentenced under it is not eligible for probation until the full term of imprisonment has been served.

Felony probation

A felony is a crime for which a sentence of one year or more may be imposed (Minn. Stat. § 609.02). For a felony conviction, the general rule is that the stay lasts no more than five years or the maximum period of imprisonment that could have been imposed, whichever is less (Minn. Stat. § 609.135). Where no other punishment is fixed by law, a felony carries up to five years of imprisonment (Minn. Stat. § 609.03).

A different rule covers felony convictions, including felony-level attempts and conspiracies, for a list of serious offenses. The list includes second-degree murder, criminal sexual conduct, and certain assault, homicide and stalking offenses. For these, the stay can last no more than four years or the maximum period of imprisonment, whichever is longer (Minn. Stat. § 609.135). Second-degree murder may be punished by up to 40 years of imprisonment (Minn. Stat. § 609.19), so for that offense the ceiling on the stay is tied to that potential sentence rather than to a fixed number of years.

Gross misdemeanor and misdemeanor probation

A gross misdemeanor is any crime that is not a felony or a misdemeanor, and a misdemeanor is a crime punishable by no more than 90 days or a fine of no more than $1,000, or both (Minn. Stat. § 609.02). The maximum stay depends on the specific offense (Minn. Stat. § 609.135):

• A gross misdemeanor violation of section 169A.20, section 609.2113, subdivision 3, or section 609.3451: up to four years.

• Any other gross misdemeanor: up to two years.

• A misdemeanor under section 169A.20, 609.746 (subdivision 1), 609.79 or 617.23: up to two years.

• A misdemeanor under section 609.2242, or section 609.224 (subdivision 1), when the victim was a family or household member: up to two years.

• Any other misdemeanor: up to one year.

The four-year gross misdemeanor group comes with a built-in step down. The court must provide for unsupervised probation for the last year unless it finds that the person needs supervised probation for all or part of that year. The two-year misdemeanor group works the same way for the second year.

Discharge and the six-month window

A person is discharged six months after the term of the stay expires, unless the stay has been revoked or extended or the person has already been discharged (Minn. Stat. § 609.135).

That six months also matters for violations. If a person violated a condition during the stay but the stay has since expired, the probation officer or prosecutor may ask the court to start revocation proceedings within six months after the expiration, and the court may start them on its own motion (Minn. Stat. § 609.14). If proceedings begin within that period, the court may hold the hearing and act during or after the six months. Once a court order revoking the stay has been issued, the summary hearing may be held after the stay or the six-month period has ended. The ability or inability to locate the person does not prevent the hearing unless the person shows the state purposely caused the delay to gain an unfair advantage.

Revocation is meant to be a last resort when rehabilitation has failed (Minn. Stat. § 609.14). The statute also says policies favoring probation outweigh the need for confinement when a person with no earlier violation in an open case commits certain violations, such as breaking a curfew or failing to keep a job. If grounds for revocation are found, the court may again stay the sentence, continue the existing stay, or order the sentence carried out, depending on the earlier stay.

When a court can extend probation

Two situations allow a court to go past the maximum periods above (Minn. Stat. § 609.135).

Unpaid restitution

After a hearing, a court may extend probation by up to one year if it finds that court-ordered restitution has not been paid according to the payment schedule and that the person is likely not to pay it before probation ends. At another hearing, the court may extend probation by up to one additional year if the restitution is still unpaid. The probation officer must ask for the hearing if restitution remains unpaid 60 days before the term expires. The court must hold the hearing before the term ends.

Incomplete treatment

If court-ordered treatment is a condition of probation and has not been successfully completed at least 60 days before the term expires, the prosecutor or probation officer may ask for a hearing. The court may extend probation by up to three years if it finds that the person failed to complete treatment and is likely not to complete it before the term expires.

Collection is separate from probation

Unpaid fines, restitution and fees may be referred for collection, and the obligation to pay survives for a period set by the Judicial Council. That obligation does not lengthen the stay of sentence (Minn. Stat. § 609.104).