Who is FMLR Minnesota?
About FMLR Minnesota
Felony Murder Law Reform Minnesota (#FMLR) was birthed out of several families who experienced the horror of our loved ones facing first degree murder charges under these unjust murder laws. As family members, we were devastated and appalled to find out that someone could be charged with a murder they did not commit, did not intend to have happen, and in some cases didn’t even know had taken place until after the fact! We had no idea that these laws even existed until someone we knew directly or indirectly were affected by them.
Our loved ones felt forced to take plea deals to avoid potential sentences of life in prison if their cases went to trial. After walking through their journeys with them and witnessing the unfair practices used against them by the Minnesota Judicial System, we now firmly believe these laws must change! We first began by talking to others who had been wrongly charged with murder under these archaic laws. We spoke with organizations, lawyers, and families nationally who are working for reform. After nearly a year of investigation and education, “Felony Murder Law Reform” Minnesota (#FMLR) was formed.
In the fall of 2018, we began meeting and sharing stories with criminal justice reform organizations, elected officials, county attorneys, victims’ rights support groups, and the public. Each meeting led to an eye-opening education for many who had no idea these laws exist, or how these laws are being used by our judicial system for unjustifiable murder convictions. The vast majority of people we meet with are dumbfounded by what they learned and go away with a new belief that Felony Murder Law reform is absolutely essential.
In January 2019, with bi-partisan support in both the Minnesota House and Senate, we worked to draft HF 3976/SF 3802. These bills would have provided for the creation of a task force to study the data, laws, and impact of the Felony Murder Laws as written in Minnesota. The committee was to be made up of a well-rounded group of stakeholders who are directly involved in or impacted by these laws. The State House held hearings in the Spring of 2020. As a result, HF 3976 passed through the Public Safety and Criminal Justice Reform Committee on March 11, 2020.
On May 4, 2020, HF 3976 passed through the Gov Ops committee and was sent to Ways and Means, but by this time COVID was directly impacting and slowing down the wheels of state government. Nevertheless, on May 7, 2020, as part of an Omnibus Bill, HF 3976 passed through the House of Representatives. Sadly, even with bipartisan support, SF 3802 was not able to obtain a committee hearing in the Minnesota Senate.
With the overwhelming support of our Task Force Bill, we are doggedly continuing to move forward with #FMLR, in spite of COVID. We formally requested that the Minnesota Department of Corrections provide us with data for those currently incarcerated with active or pending qualifying sentences under these laws. We received this data in late summer of 2020. We also requested additional data from the Minnesota Sentencing Guidelines Committee which is allowing us a more complex analyzation of the use and effects of Minnesota’s Felony Murder laws.
The Changes We Are Looking To Make
Felony Murder Law Reform Minnesota believes that the Felony Murder Laws/Doctrine used in Minnesota are antiquated and out of date. Our belief is that the laws of Minnesota should be changed as follows:
Under a Reformed Law in Minnesota a person could only be guilty of Felony Murder if:
1. The person is the actual killer.
2. The person acted with intent to kill, such as assisting the actual killer or encouraging the actual killer to kill the victim.
The above reforms would end the practice of sentencing people who did not commit a homicide (or even have knowledge that a homicide occurred) to a similar sentence as the person who committed a homicide. Additionally, law enforcement would have a powerful tool in their toolbox to help identify who was directly responsible for a murder. In a co-defendant felony murder case, co-defendants who were not the actual killers, who did not aid and abet the killing, or who did not act with reckless indifference to human life would now have an incentive to talk and tell the truth about what happened. We believe this reform would create a more proportional and equitable sentencing in Minnesota, while serving public safety by holding those who harm or kill accountable for their actions. This reform would give the courts and judges the ability to convict and sentence people according to the actual crimes they committed.
We believe individuals should be held responsible for the choices they make and the crimes they commit, but they should not be held responsible for the tragic actions and decisions of another.
These Reforms would be made retroactive. This would allow for anyone currently serving a sentence under any Felony Murder law in Minnesota to apply for a review and resentencing of their case. The reform would also allow the courts to review the evidence and the role of each person involved and have the charges revised according to the personal culpability and actions of each individual.
#FMLR believes reforming Minnesota laws in this way would allow for a more JUST and EQUITABLE Minnesota! We believe individuals should be held responsible for the choices they make and the crimes they commit, but they should not be held responsible for the tragic actions and decisions of another.
Financial Impact
There are 473 relatively low risk incarcerated persons that will cost Minnesota Taxpayer’s $500 Million over the course of their confinement, due to the process of over sentencing individuals for a crime they did not commit.
Total Yearly cost to Minnesota taxpayers is $18 million. If all of these individuals were charged with only the crime they did commit and sentenced to those crimes this could be a savings in excess of $500 Million to the Minnesota Department of Corrections and taxpayers.
Note that the Felony Murder Individuals make up over 6% of the total population of the Minnesota DOC.
These numbers are likely LOW as the above data does not give the exact number of months and the exact age at conviction in the MN DOC Data breakdown.
The calculations above are based on the published data that the cost of confinement to an average age person in the State of Minnesota is $37,960 per year or $104 a day.
Current Bills We Support
Our group is currently advocating for several bills in the Minnesota Legislature to create change for individuals affected by these laws. These bills are available to the public through the following links to the MN Office of the Revisor of Statutes.
In the house, we have HF 1162 (Task Force Bill) authored by Representative Pinto.
https://www.revisor.mn.gov/bills/bill.php?f=HF1162&y=2021&ssn=0&b=house
In the Senate, we have SF 1062 (Task Force Bill) authored by Senator Chamberlain & Duckworth,
https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF1062&ssn=0&y=2021
As well as SF 1061 (Law Reform Language) by Senator Chamberlain.
https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF1061&ssn=0&y=2021