What does a stay of imposition mean in Minnesota?

What does a stay of imposition mean in Minnesota? In general, it means that after a conviction a court holds off on imposing a sentence and may place the person on probation or order other sanctions on terms the court sets. The court's authority comes from Minn. Stat. § 609.135, which allows a court to stay imposition or execution of a sentence. Statute also sets how long a stay can last, what conditions can attach, and what happens if they are broken.

The basic meaning of a stay of imposition

Minnesota law uses the word "stay" to cover a stay of adjudication, a stay of imposition, a stay of execution, or a deferred prosecution (Minn. Stat. § 609.14). A stay of imposition comes after a conviction, which means a guilty plea, or a guilty verdict or finding, that the court has accepted and recorded (Minn. Stat. § 609.02).

The revocation statute shows how a stay of imposition differs from a stay of execution. If imposition was stayed and a violation is found, the court may stay sentence again, impose a sentence and stay its execution, or impose a sentence and order it carried out (Minn. Stat. § 609.14). If a sentence was already imposed and only its execution was stayed, the court may continue the stay or order execution of the sentence previously imposed (Minn. Stat. § 609.14).

In short, a stay of imposition leaves the sentence undecided for the time being, while a stay of execution fixes the sentence but holds off on carrying it out.

What a court can require during a stay

When a court stays imposition or execution, it may order intermediate sanctions without probation, or it may place the person on probation with or without supervision, on the terms it prescribes (Minn. Stat. § 609.135). Probation is a court-ordered sanction for a period of supervision no greater than the period set by statute. It may be used as an alternative to confinement or alongside confinement or intermediate sanctions (Minn. Stat. § 609.02).

Intermediate sanctions include, among other things (Minn. Stat. § 609.135):

• local jail or workhouse time, home detention, and electronic monitoring

• intensive probation and reporting to a day reporting center

• chemical dependency or mental health treatment or counseling

• restitution, fines, and day-fines

• community work service and work in a restorative justice program

A court may require up to one year in a county jail or similar local facility as a condition of probation, a fine, or both (Minn. Stat. § 609.135). If a person is convicted of assaulting a spouse or someone the person lives with, and the court stays imposition or execution, the stay must be conditioned on counseling or other appropriate programs (Minn. Stat. § 609.135).

How long a stay can last

The maximum length depends on the level of the conviction. A felony is a crime for which imprisonment of one year or more may be imposed, a misdemeanor carries no more than 90 days or a fine of no more than $1,000, or both, and a gross misdemeanor is any crime that is neither (Minn. Stat. § 609.02). Under Minn. Stat. § 609.135, the maximum stay periods are:

• Most felonies: five years or the maximum imprisonment that might have been imposed, whichever is less.

• Certain serious felonies, such as second-degree murder: four years or the maximum imprisonment, whichever is longer.

• Certain gross misdemeanors, including DWI: four years, with unsupervised probation for the last year unless the court finds supervision is needed.

• Other gross misdemeanors: two years.

• Certain misdemeanors, including DWI: two years, with unsupervised probation for the second year unless the court finds supervision is needed.

• Other misdemeanors: one year.

A person is discharged six months after the stay expires, unless the stay has been revoked or extended or the person has already been discharged (Minn. Stat. § 609.135).

After a hearing, a court may extend probation by up to one year if court-ordered restitution has not been paid on schedule and is likely to remain unpaid, and by one more year after another hearing. It may extend probation by up to three years if court-ordered treatment has not been completed and is likely not to be completed in time (Minn. Stat. § 609.135). Referring unpaid fines or restitution for collection does not extend the stay (Minn. Stat. § 609.104).

When a stay is not available

The power to stay does not apply when a sentence of life imprisonment is required by law or when a mandatory minimum sentence is required by section 609.11 (Minn. Stat. § 609.135). Section 609.11 sets minimum prison terms for listed offenses, such as burglary, kidnapping, and some assaults and murders, when the defendant or an accomplice used a dangerous weapon or had or used a firearm (Minn. Stat. § 609.11). A person sentenced under that section is not eligible for probation until the full term of imprisonment has been served (Minn. Stat. § 609.11).

There is a limited exception. Before sentencing, the prosecutor may move to have a defendant sentenced without regard to the mandatory minimums, and the court may do so if it finds substantial and compelling reasons. The exception is closed to a defendant with a prior listed offense involving a firearm or other dangerous weapon (Minn. Stat. § 609.11).

Two other rules apply. A court may not stay the revocation of a driver's license for a person convicted of violating section 169A.20 (Minn. Stat. § 609.135). And an offender may not demand execution of a sentence in place of a stay if the offender would serve less than nine months at the state institution, unless the sentence would run with a previously imposed executed felony sentence (Minn. Stat. § 609.135).

What happens if the conditions are violated

If it appears that a person has violated a condition of probation or an intermediate sanction, the court may revoke the stay without notice and direct that the person be taken into immediate custody. Revocation is meant to be used only as a last resort when rehabilitation has failed (Minn. Stat. § 609.14).

The person must be notified in writing of the alleged grounds. If the person contests them, a summary hearing is held at which the person may be heard and represented by counsel (Minn. Stat. § 609.14). If no grounds are found, the person is restored to liberty under the previous order (Minn. Stat. § 609.14).

The law treats some lesser violations differently. For a person with no earlier violation in an open criminal case, violations such as breaking a curfew or failing to obtain or maintain employment do not warrant immediate custody unless the court receives a signed written report showing probable cause of a violation and a risk to public safety from the person's continued presence in the community (Minn. Stat. § 609.14).

If a violation occurred during the stay but the stay has since expired, the probation officer or prosecutor may ask the court to start revocation proceedings within six months after expiration, and the court may also start them on its own (Minn. Stat. § 609.14).