GUIDELINES AND COMMENTARY - Minnesota

1 Minnesota sentencing GUIDELINES AND COMMENTARY AUGUST 1 2019 These sentencing GUIDELINES are effective August 1, 2019, and determine the presumptive sentences for felony offenses committed on or after the effective date. The GUIDELINES remain in effect until the next publication. Minnesota sentencing GUIDELINES COMMISSION 658 Cedar Street, Suite G-58 Saint Paul, MN 55155 Voice: (651) 296-0144 Website: Email: Persons with hearing or speech disabilities may contact us via their preferred Telecommunications Relay Service. COMMISSION MEMBERS Kelly Lyn Mitchell, Chair and Public Member Heidi Schellhas, Vice-Chair and Minnesota Court of Appeals Judge Christopher Dietzen, Associate Supreme Court Justice (Retired), Designee of the Chief Justice of the Minnesota Supreme Court Valerie Estrada, Corrections Unit Supervisor, Hennepin County Community Corrections & Rehabilitation Abby Honold, Public Member Tonja Honsey, Public Member Caroline Lennon, First Judicial District Court Judge Cathryn Middlebrook, Chief Appellate Public Defender Salim Omari, Saint Paul Police Sergeant Peter Orput, Washington County Attorney Paul Schnell, Commissioner of Corrections COMMISSION STAFF Nathaniel J.

2 Reitz, Executive Director Nicole Jasperson, Research Analyst Kathleen Madland, Research Analyst Intermediate Linda McBrayer, Management Analyst 4 Jill Payne, Senior Research Analysis Specialist Anne Wall, Senior Research Analysis Specialist This information will be made available in an alternative format upon request. Table of Contents 1. Purpose and Definitions .. 1 A. Statement of Purpose and Principles .. 1 B. Definitions .. 2 2. Determining Presumptive Sentences .. 7 A. Offense Severity .. 8 1. General Rule .. 8 2. Theft and Damage to Property; Foreseeable Risk of Bodily Harm .. 8 3. First-Degree Murder .. 8 4. Unranked Offenses .. 8 5. Attempts, Conspiracies, and Other Sentence Modifiers .. 9 B. Criminal History .. 10 1. Prior 11 2. Custody Status at the Time of the Offense.

3 18 3. Prior Gross Misdemeanors and Misdemeanors .. 24 4. Prior Juvenile Adjudications .. 28 5. Convictions from Jurisdictions other than 30 6. Felony Enhancement Due to Prior Misdemeanor or Gross Misd. Convictions .. 32 7. Determining Offense Levels for Prior Offenses .. 34 C. Presumptive Sentence .. 35 1. Finding the Presumptive Sentence .. 35 2. Presumptive Sentence Durations that Exceed the Statutory Maximum Sentence .. 35 3. Finding the Presumptive Sentence for Certain Offenses .. 35 D. Departures from the GUIDELINES .. 40 1. Departures in General .. 40 2. Factors that should not be used as Reasons for Departure .. 43 3. Factors that may be used as Reasons for Departure .. 44 E. Mandatory Sentences .. 50 1. In General .. 50 2. Specific Statutory Provisions.

4 51 3. Conditional Release .. 52 4. Mandatory Life Sentences .. 53 F. Concurrent/Consecutive Sentences .. 56 1. Presumptive Consecutive Sentences .. 59 2. Permissive Consecutive Sentences .. 61 3. Crime Committed for the Benefit of a Gang .. 65 4. Pre- GUIDELINES Cases .. 65 G. Convictions for Attempts, Conspiracies, and Other Sentence Modifiers .. 66 1. In General .. 66 2. Attempt or Conspiracy .. 66 3. Solicitation of Juveniles or Mentally Impaired Persons .. 66 4. Conspiracy to Commit a Controlled Substance Offense .. 66 5. Attempt or Conspiracy to Commit Criminal Sexual Conduct 1st or 2nd Degree .. 66 6. Taking Responsibility for Criminal Acts .. 67 7. Offense Committed in Furtherance of Terrorism .. 67 8. Criminal Sexual Predatory Conduct .. 67 9. Solicitation or Promotion of Prostitution; Sex 67 10.

5 Offense Committed for the Benefit of a Gang .. 68 11. Felony Assault Motivated by Bias .. 68 12. Criminal Vehicular Homicide (Qualified Prior Conviction) .. 68 13. Attempt or Conspiracy to Commit First-Degree Murder .. 69 14. Second or Subsequent Severe Violent Offense .. 69 3. Related Policies .. 71 A. Establishing Conditions of Stayed 71 1. Method of Granting Stayed Sentences .. 71 2. Conditions of Stayed Sentences .. 72 B. Revocation of Stayed Sentences .. 74 C. Jail Credit .. 75 1. In General .. 75 2. Applying Jail Credit .. 75 D. 77 E. Presentence Mental or Physical Examinations for Sex Offenders .. 77 F. Military Veterans .. 78 G. Modifications .. 78 1. Policy Modifications .. 78 2. Clarifications of Existing Policy .. 78 sentencing GUIDELINES Grid.

6 79 Sex Offender Grid .. 81 Drug Offender Grid .. 83 Offense Severity Reference Table .. 85 Severity Level by Statutory 102 6. Offenses Eligible for Permissive Consecutive Sentences .. 124 7. Theft Offense List .. 129 8. Severe Violent Offense List .. 131 Appendix 1. Mandatory and Presumptive Sentences Reference Table .. 132 Appendix 2. Dangerous Weapons Offense Reference Table .. 134 Appendix 3. Presumptive Sentence Durations that Exceed the Statutory Maximum Sentence Reference Table .. 135 Appendix 4. Targeted Misdemeanor List .. 136 Minnesota sentencing GUIDELINES and COMMENTARY 1 Minnesota sentencing GUIDELINES and COMMENTARY 1. Purpose and Definitions A. Statement of Purpose and Principles The purpose of the sentencing GUIDELINES is to establish rational and consistent sentencing standards that promote public safety, reduce sentencing disparity, and ensure that the sanctions imposed for felony convictions are proportional to the severity of the conviction offense and the offender s criminal history.

7 The sentencing GUIDELINES shall embody the following principles: 1. In establishing and modifying the sentencing GUIDELINES , the Commission s primary consideration shall be public safety. This shall include consideration of the long-term negative impact of the crime on the community. Minn. Stat. , subd. 5. 2. sentencing should be neutral with respect to the race, gender, social, or economic status of convicted felons. 3. The severity of the sanction should increase in direct proportion to an increase in offense severity or the convicted felon s criminal history, or both. This promotes a rational and consistent sentencing policy. 4. Commitment to the Commissioner of Corrections is the most severe sanction that can be imposed for a felony conviction, but it is not the only significant sanction available to the court.

8 5. Because state and local correctional facility capacity is finite, confinement should be imposed only for offenders who are convicted of more serious offenses or who have longer criminal histories. To ensure such usage of finite resources, sanctions used in sentencing convicted felons should be the least restrictive necessary to achieve the purposes of the sentence. 2 Effective August 1, 2019 6. Although the sentencing GUIDELINES are advisory to the court, the presumptive sentences are deemed appropriate for the felonies covered by them. Therefore, departures from the presumptive sentences established in the sentencing GUIDELINES should be made only when substantial and compelling circumstances can be identified and articulated. B. Definitions As used in these sentencing GUIDELINES (or GUIDELINES ), the following terms have the meanings given.

9 1. Commitment. Commitment occurs when the offender is sentenced to the custody of the Commissioner of Corrections. 2. Concurrent Sentence. When the court orders sentences to be concurrent, the court is ordering that multiple sentences be served at the same time. 3. Consecutive Sentence. When the court orders sentences to be consecutive, the court is ordering that multiple sentences be served one after the other in the manner described in section 4. Criminal History Score. The criminal history score is comprised of criminal history factors detailed in section The horizontal axis on the applicable grid represents the offender s criminal history score. 5. Departure. A departure is a pronounced sentence other than that recommended in the appropriate cell on the applicable Grid, including a stayed or imposed gross misdemeanor or misdemeanor sentence.

10 A. Dispositional Departure. A dispositional departure occurs when the court orders a disposition other than that recommended in the GUIDELINES . (1) Aggravated Dispositional Departure. An aggravated dispositional departure occurs when the GUIDELINES recommend a stayed sentence but the court pronounces a prison sentence. Minnesota sentencing GUIDELINES and COMMENTARY 3 (2) Mitigated Dispositional Departure. A mitigated dispositional departure occurs when the GUIDELINES recommend a prison sentence but the court stays the sentence. b. Durational Departure. A durational departure occurs when the court orders a sentence with a duration other than the presumptive fixed duration or range in the appropriate cell on the applicable Grid. (1) Aggravated Durational Departure.