Part two in a series

The same faces keep showing up in 3rd Judicial District Judge Donald Rysavy’s courtroom.

Such repeat offenders aren’t an anomaly in the justice system, and they expose some of the challenges judges and other court staff face on a daily basis.

The system is set up to put people on probation,” Rysavy said. “The problem is that the people who are repeaters will come back in two ways; additional offenses or violation of probation.”

“Frequent fliers” — or repeat offenders — can often commit multiple low-level felonies or gross misdemeanors like assault, driving under the influence, theft and property damage before state guidelines call for a stiffer penalty.

“For a lot of offenses, they’re going to get probation, and that’s by law,” County Attorney Kristen Nelsen said. “That’s a frustrating thing for us, that they keep coming back and they keep getting a break, essentially.”

Nelsen questioned why some people get so many chances.

“In my mind, probation should be maybe a one-time shot,” she said. “If you keep re-offending, you should go to prison.”

While the justice system may be giving a few select people a perceived break, it’s essentially accomplishing what it was designed to do, according to 3rd Judicial District Judge Donald Rysavy.

“The whole purpose of the correctional system is rehabilitation, and you don’t rehabilitate people in prison,” he said.

Sentencing follows state guidelines. Criminals essentially gain a half point to two points per crime. For crimes like a DUI, sale of a controlled substance and theft, it requires multiple offenses — or probation violation — before the recommended sentence is prison.

While probation violations or repeat offenses can earn a prison sentence, many criminals only get prison time on a first time offense for more serious crimes like armed robbery, first degree sexual assault or murder — which are felonies.

‘The whole system’

County attorneys’ offices across the state are taxed with high caseloads. According to Nelsen, that is because of repeat offenders.

“Our case loads are big because people keep coming back,” Nelsen said.

Repeat offenders affect the entire justice system and many county departments.

“It’s not my office that’s backed up,” Nelsen said. “It’s the whole system.”

The simple solution is rehabilitation, which is the intention of the sentencing process. In most cases, the best chance at rehabilitation is supervised probation, which can include jail time.

The next step is prison, but that’s not a sure thing anymore. While Minnesota used to be known as a state where prisoners served the bulk of their prison sentence, the Department of Corrections can no longer afford that, Rysavy said. Many prisoners are now being released early on parole.

If someone is sentenced to 18 months in prison for a felony controlled substance crime, Rysavy said they’re often released in six months on supervised parole. That’s less time than someone would serve in jail on a similar misdemeanor, he said.

“That’s where economics has changed the climate,” Rysavy said. “(The state has) been fighting the budgetary issues for years, and it’s affecting the system across the board.”

After it takes multiple offenses or parole violation to get to prison, officials aren’t happy to see someone released early.

“By the time someone’s gotten to the grid point of prison, they should be there,” Rysavy said.

A slow system?

Challenges occur far before sentencing. Nelsen said it often takes months for a criminal to be sentenced, occasionally giving a person time to commit additional crimes.

“Where’s the deterrent?” Nelsen said. “There’s no immediate punishment. The punishment is less than what it’s supposed to be. There’s really not a big downside for these people.

Probation agent Mark Wernimont agreed the justice system sometimes lacks accountability. While some people will be sentenced in a week or two, he said it may take nine months for some people to reach sentencing.

“Unfortunately, the system can be slow,” he said.

Change doesn’t appear likely down the road, as Nelsen said most changes would have to come at the state level.

“I don’t think the Department of Corrections would ever support changing the guidelines at this point because then more people would go to prison when they’re trying to get more people out,” she said.

The best many officials can do is provide opportunities for reform. Officials will flex to ensure that happens. During sentencing, Rysavy said he’s often sympathetic to people who plan to continue working, and he works to ensure someone doesn’t lose his or her job.

“In today’s market, that’s almost a recipe for having them back in court,” Rysavy said.

Wernimont said probation agents work with their clients to help them succeed.

“Jail should be the last resort,” he said.

However, Wernimont admitted that some people, regardless of how much treatment they receive, will never shake alcoholism or chemical dependency.

One of Wernimont’s clients has had 10 DUIs, but is not in prison because he committed them over a series of about a decade.

Chemical dependency is often a leading cause of repeat offenses.

“Some people, they only commit an offense if they’re drinking or using,” he said. “That may be one of their main issues that they need to work on.”

Such repeat offenders receive treatment, but they’re just not willing or able to stay sober.

This can be distressing for people. Rysavy noted some people are prone to chemical dependency, and it’s very difficult for them to shake addiction.

“You’d like to believe that, maybe with a few exceptions, people are capable of changing — are capable of living good productive lives,” Rysavy said. “It’s depressing when you see them throwing it away one way or another.”

If you were to eliminate the crime committed by repeat offenders, Rysavy said you’d cut it by at least 50 percent — maybe by 80 to 90 percent.

“There is a good side to that,” Rysavy said. “Because that means that 80 to 90 percent of society isn’t all that bad.”