The 2023 Minnesota Legislature passed significant new laws impacting the length of probationary periods. Minnesota Statute 609.135, subdivision 2, has been amended in two primary ways. First, convictions for most felony level offenses now carry a maximum probationary period of only 5 years or the statutory maximum period if less than 5 years. Notable felony level exceptions to these changes include: Murder, Sexual Assaults, Sexual Extortion, Criminal Vehicular Operation and Harassment/Stalking. This change is effective for all sentences pronounced on or after August 1, 2023. The second significant change allows for retroactive application of the reduced probationary period for those already on probation before August 1, 2023. These individuals are eligible for resentencing to the current maximum period of 5 years – assuming they are on supervision for an eligible offense. If a person has already served 5 or more years probation on an eligible offense as of August 1, 2023, the probationary period is considered satisfied/expired as of October 1, 2023 – assuming the probationary period is not subject to extension for other reasons.
For example, if you were placed on probation for 20 years in 2013 for a felony controlled substance crime your probationary period should have been satisfied as of October 1st, 2023. Or, if you were placed on probation for 10 years in 2021 for felony theft, your probationary period should now be reduced to only 5 years.
Each county in Minnesota may be handling these statutory changes differently, and at a different pace. If you think these changes may apply to your situation contact your supervising probation agent or department.