How Minnesota sentencing guidelines decide a felony sentence

How do the Minnesota sentencing guidelines decide a felony sentence? They provide a presumptive, fixed sentence for each appropriate combination of offense and offender characteristics, and a district court follows the guideline procedures at sentencing even though the guidelines are advisory (Minn. Stat. § 244.09). Some felonies fall outside that ordinary process because a statute fixes a life term, sets a maximum, or requires a minimum. The sections below explain each piece in general terms.

The commission behind the guidelines

The guidelines are written by the Minnesota Sentencing Guidelines Commission, an 11-member body (Minn. Stat. § 244.09). Its members include the chief justice of the supreme court or a designee, a court of appeals judge, a district court judge, a public defender, a county attorney, the commissioner of corrections or a designee, a peace officer, and a probation or supervised release officer (Minn. Stat. § 244.09).

The commission also includes a person who works for an organization providing treatment or rehabilitative services, an academic with a criminal justice or corrections background, and three public members (Minn. Stat. § 244.09). One public member must be a crime victim or victims' advocate, and one must be a person formerly convicted of a felony and discharged from the sentence (Minn. Stat. § 244.09).

In setting and changing the guidelines, the commission's primary consideration is public safety (Minn. Stat. § 244.09). It also considers current sentencing and release practices, correctional resources such as the capacity of facilities, and the long-term negative impact of a crime on the community (Minn. Stat. § 244.09).

What the guidelines establish

The guidelines must be based on reasonable offense and offender characteristics (Minn. Stat. § 244.09). They establish the circumstances under which imprisonment is proper, and a presumptive, fixed sentence for offenders for whom imprisonment is proper (Minn. Stat. § 244.09). They must provide for an increase of 20 percent and a decrease of 15 percent in that presumptive sentence (Minn. Stat. § 244.09). The statute also refers to a grid, severity levels, and criminal history scores as parts of the guidelines (Minn. Stat. § 244.09).

Where imprisonment is not proper, the guidelines may set other sanctions, including fines, day fines, restitution, community work orders, work release programs, community-based programs, incarceration in a local correctional facility, and probation with conditions (Minn. Stat. § 244.09). Probation is court-ordered supervision for no longer than a period set by statute, imposed as an alternative to confinement or together with it (Minn. Stat. § 609.02). Its purposes are to deter further criminal behavior, punish the offender, help provide reparation to victims and communities, and offer opportunities for rehabilitation (Minn. Stat. § 609.02).

Although advisory, the guideline procedures must be followed when a court sentences in a proceeding to which they apply by statute (Minn. Stat. § 244.09). Sentencing under them is not a right of a person convicted of a felony. It is a procedure based on public policy to maintain uniformity, proportionality, rationality, and predictability (Minn. Stat. § 244.09).

Statutory limits around the guideline sentence

A felony is a crime for which a sentence of imprisonment for one year or more may be imposed (Minn. Stat. § 609.02). A conviction means a guilty plea, a jury verdict of guilty, or a finding of guilty by the court, accepted and recorded by the court (Minn. Stat. § 609.02).

The offense statutes set the outer limits. A person convicted of a felony for which no punishment is otherwise provided may be sentenced to up to five years in prison, a fine of up to $10,000, or both (Minn. Stat. § 609.03). First-degree murder requires a sentence of life imprisonment (Minn. Stat. § 609.185). Second-degree murder, whether intentional or unintentional, may be punished by not more than 40 years (Minn. Stat. § 609.19).

Commitments to the commissioner of corrections generally carry no minimum term, except life sentences required by law and except as otherwise provided in the same chapter (Minn. Stat. § 609.11).

Mandatory minimums for weapon offenses

One main exception is the set of minimum sentences for certain offenses involving weapons. The listed offenses include murder in the first, second, or third degree, assault in the first, second, or third degree, burglary, kidnapping, aggravated robbery, simple robbery, arson, and felony drug offenses under chapter 152, along with attempts (Minn. Stat. § 609.11).

When a defendant or an accomplice used a dangerous weapon other than a firearm during a listed offense, the minimum commitment is one year plus one day, and for a second or subsequent offense it is three years (Minn. Stat. § 609.11). When a firearm was possessed or used, the minimum is three years, rising to five years for a second or subsequent offense (Minn. Stat. § 609.11). A conviction under section 609.165 or 624.713, subdivision 1, clause (2), carries a five-year minimum (Minn. Stat. § 609.11).

A second or subsequent offense means the person had already been adjudicated guilty of a specified similar offense before committing the new one (Minn. Stat. § 609.02). The fact finder decides, at the verdict, finding, or guilty plea, whether a firearm or other dangerous weapon was used or possessed (Minn. Stat. § 609.11). A defendant sentenced under these rules is not eligible for probation, parole, discharge, or supervised release until the full term of imprisonment is served (Minn. Stat. § 609.11).

Departures and later adjustments

Before sentencing, a prosecutor may file a motion, with a statement of reasons on the record, to have the defendant sentenced without regard to the mandatory minimums (Minn. Stat. § 609.11). The court may do so, on that motion or its own, only if it finds substantial and compelling reasons, and the resulting sentence is a departure from the guidelines (Minn. Stat. § 609.11). The court may not do this if the defendant was previously convicted of a listed offense involving a firearm or other dangerous weapon (Minn. Stat. § 609.11).

A sentence may also change after it is imposed. A prosecutor may start a sentence adjustment proceeding at any time after initial sentencing, provided the prosecutor does not seek to increase confinement or, for a stayed sentence, supervision (Minn. Stat. § 609.133). The court holds a hearing no sooner than 60 days after the petition is served, and a victim may submit a statement that the judge must consider (Minn. Stat. § 609.133).

The court asks whether there are substantial and compelling reasons to adjust the sentence, considering the effect on public safety, including rehabilitation, the severity of the offense, and sentencing disparities (Minn. Stat. § 609.133). An adjustment cannot reduce restitution or a required term of conditional release, and the court must state its reasons (Minn. Stat. § 609.133).

The guidelines themselves can also change. A modification that amends the grid or would reduce sentences or allow early release generally goes to the legislature by January 15 and takes effect on August 1 unless the legislature provides otherwise (Minn. Stat. § 244.09).