Judge Steve Hanke discusses how bail and sentencing decisions are made

Bail and sentencing decisions are among a judge’s most visible responsibilities and often receive public attention. In recent months, several cases in Cook County and along the North Shore have received heightened attention from both the public and media.

That attention prompted Minnesota’s 6th Judicial District Judge Steve Hanke, who serves Lake and Cook counties, to write two recent articles titled “Local Judge’s View” addressing the matter. The two letters are published in full below.

WTIP’s Kalli Hawkins spoke with 6th Judicial District Judge Steve Hanke about the process of determining bail, the factors considered in the decision, and the sentencing process. Audio from the interview is below.

Bail Isn’t a Gut Reaction

Steve Hanke – Local Judge’s View

Bail decisions often draw intense public scrutiny because they affect public safety, individual liberty, and public confidence in the justice system. They are also frequently misunderstood, in part because a judge’s perspective is necessarily different from that of everyone else involved.

Judges do not approach bail from a single perspective. We must weigh public safety, victims’ rights, the presumption of innocence, and constitutional limits at the same time. Unlike advocates or the public, judges cannot rely on instinct, emotion, or outcome-based hindsight. Bail decisions must be grounded in law and made early in a case — often with limited information and before full facts are tested in court.

That legal framework begins with a principle that surprises many people: In Minnesota state courts, pretrial release is the presumption, not detention. This is not a policy preference or personal philosophy. It is a constitutional mandate. Minnesota’s Constitution provides an affirmative right to bail, and that principle is reflected throughout our statutes and court rules. Bail is not punishment. Guilt has not yet been determined.

Bail is best understood as a process, not a single decision.

The process begins with arrest. After an arrest, a person may be released directly by law enforcement through a citation or conditional release authority, or the suspect can be held in custody pending a court appearance. Whether someone is held depends on the offense, public safety considerations, and statutory authority.

If a person is held, the first appearance in court, often called an arraignment, typically occurs within 48 hours. If the person is released earlier, the first appearance is scheduled later. At this hearing, the judge informs the defendant of the charges, advises the defendant of key constitutional rights, and determines whether the defendant qualifies for a public defender. The judge also first addresses bail and pretrial release.

Because release is the legal starting point, a judge’s task is not to ask whether detention might feel safer or more satisfying in the moment. The law requires a narrower and more disciplined inquiry: Can this person be released under conditions that reasonably manage risk and ensure court appearance?

Minnesota law directs judges to consider specific factors, including the seriousness of the alleged offense; the strength of the evidence; prior criminal history; court-appearance record; risks to victims or the community; and the person’s employment, housing, family ties, and financial resources. Judges may also use the Minnesota Pretrial Release Evaluation Form and Assessment Tool, a structured, point-based assessment that estimates the risk of nonappearance and the risk to public safety.

After weighing these factors, a judge may order release without conditions, set monetary bail, or authorize release with conditions. Even when a defendant is conditionally released, an unconditional bail amount is still required.

Bail amounts are not unlimited. For most misdemeanors and gross misdemeanors, Minnesota law caps bail at no more than twice the maximum fine for the offense. The statutes include defined exceptions allowing higher multiples — such as four, six, or 10 times the maximum fine — for certain offenses, including specific DWI and domestic-assault cases. In some situations, such as qualifying DWI arrests, judges are required by statute to set bail at the maximum amount. These limits reflect a legislative judgment that pretrial detention should not turn solely on a person’s ability to pay.

Supervised pretrial release, often overseen by probation, is one of the most effective tools available. Conditions often include no-contact orders, sobriety monitoring, treatment requirements, GPS monitoring, geographic restrictions, and regular check-ins. These agreements are enforceable, and judges may revoke release if conditions are violated. Bail decisions are not fixed: Bail conditions may be reviewed and modified at any hearing during the life of a case, as circumstances change.

Viewed in full context, bail decisions are not snap judgments. They are legal determinations guided by constitutional principles, statutory limits, structured risk assessment, and ongoing judicial oversight — all careful efforts to balance safety, fairness, and the rule of law.

Sentencing

Steve Hanke – Local Judge’s View

Sentencing is often the most visible and emotionally charged stage of a criminal case. It is deeply personal for victims, defendants, and families because it follows real harm and determines what happens next.

In Minnesota, crime victims have clear and enforceable rights to participate in sentencing through a victim impact statement, which allows them to explain — either in writing or in open court — how the crime affected their lives.

Because the judge announces the sentence in open court, it can appear the decision rests entirely with the judge. In reality, judges do not have unfettered discretion. Sentencing is governed by detailed statutes and rules that significantly limit individual choice.

In felony cases, sentencing begins with the Minnesota Sentencing Guidelines . Legislators created these guidelines to reflect statewide policy choices about punishment, accountability, and public safety. Their purpose is to promote uniform and proportional sentences and to ensure that factors such as race, gender, geography, or a defendant’s exercise of constitutional rights do not influence outcomes.

The guidelines are built around a grid. A vertical axis measures the severity of the offense, with more serious crimes appearing higher on the grid. The horizontal axis measures the defendant’s criminal history score based on prior convictions. Where those two factors intersect, the grid identifies a presumptive sentence. Judges consult different grids depending on the case, including a standard grid, drug grid, and sex-offense grid.

Prison is not the presumptive outcome in every felony case. Prison becomes presumptive only when offense severity and criminal history place the case in a grid cell calling for an executed sentence. Each grid cell provides a presumptive sentence length along with a defined range, which gives structure while allowing limited flexibility. For example, a presumptive sentence of 48 months may allow a range of 41 to 57 months without requiring a departure.

The guidelines frequently call for stayed sentences, meaning probation rather than immediate prison.

With a stay of execution, the judge pronounces the presumptive prison sentence required by the guidelines but stays its execution while the defendant is on supervised probation. That prison sentence remains in place and may be executed, in whole or in part, if the defendant violates probation. Defendants who successfully complete probation never serve their prison sentence.

With a stay of imposition, the judge does not pronounce a prison sentence at all. Instead, the court delays imposing any prison term and gives the defendant an opportunity to succeed on probation. If probation is later revoked, the judge must then impose a sentence using the presumptive grid length and decide whether to execute it. If the defendant successfully completes probation, the court never imposes a prison sentence. As a result, the conviction is treated as a lower-level offense — typically a misdemeanor or gross misdemeanor — for most purposes, reducing long-term consequences related to employment, housing, and certain civil rights.

Because the judge announces the sentence in open court, it can appear the decision rests entirely with the judge. In reality, judges do not have unfettered discretion. Sentencing is governed by detailed statutes and rules that significantly limit individual choice.

In felony cases, sentencing begins with the Minnesota Sentencing Guidelines . Legislators created these guidelines to reflect statewide policy choices about punishment, accountability, and public safety. Their purpose is to promote uniform and proportional sentences and to ensure that factors such as race, gender, geography, or a defendant’s exercise of constitutional rights do not influence outcomes.

The guidelines are built around a grid. A vertical axis measures the severity of the offense, with more serious crimes appearing higher on the grid. The horizontal axis measures the defendant’s criminal history score based on prior convictions. Where those two factors intersect, the grid identifies a presumptive sentence. Judges consult different grids depending on the case, including a standard grid, drug grid, and sex-offense grid.

Prison is not the presumptive outcome in every felony case. Prison becomes presumptive only when offense severity and criminal history place the case in a grid cell calling for an executed sentence. Each grid cell provides a presumptive sentence length along with a defined range, which gives structure while allowing limited flexibility. For example, a presumptive sentence of 48 months may allow a range of 41 to 57 months without requiring a departure.

The guidelines frequently call for stayed sentences, meaning probation rather than immediate prison.

With a stay of execution, the judge pronounces the presumptive prison sentence required by the guidelines but stays its execution while the defendant is on supervised probation. That prison sentence remains in place and may be executed, in whole or in part, if the defendant violates probation. Defendants who successfully complete probation never serve their prison sentence.

With a stay of imposition, the judge does not pronounce a prison sentence at all. Instead, the court delays imposing any prison term and gives the defendant an opportunity to succeed on probation. If probation is later revoked, the judge must then impose a sentence using the presumptive grid length and decide whether to execute it. If the defendant successfully completes probation, the court never imposes a prison sentence. As a result, the conviction is treated as a lower-level offense — typically a misdemeanor or gross misdemeanor — for most purposes, reducing long-term consequences related to employment, housing, and certain civil rights.

Kalli Hawkins February 17, 2026