HF 3516

as introduced - 91st Legislature (2019 - 2020) Posted on 02/19/2020 03:44pm

A bill for an act
relating to public safety; prohibiting Sentencing Guidelines on the length of
probation; amending Minnesota Statutes 2018, section 244.09, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 244.09, subdivision 5, is amended to read:

Subd. 5.

Promulgation of Sentencing Guidelines.

The commission shall promulgate
Sentencing Guidelines for the district court. The guidelines shall be based on reasonable
offense and offender characteristics. The guidelines promulgated by the commission shall
be advisory to the district court and shall establish:

(1) the circumstances under which imprisonment of an offender is proper; and

(2) a presumptive, fixed sentence for offenders for whom imprisonment is proper, based
on each appropriate combination of reasonable offense and offender characteristics. The
guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the
presumptive, fixed sentence.

new text begin To promote consistency in sentencing, new text end the Sentencing Guidelines promulgated by the
commission may also deleted text begin establish appropriate deleted text end new text begin report statewide statistics on new text end sanctions deleted text begin for deleted text end new text begin
imposed on new text end offenders for whom imprisonment is not proper. deleted text begin Any guidelines promulgated
by the commission establishing deleted text end new text begin The report on new text end sanctions for offenders for whom imprisonment
is not proper deleted text begin shall deleted text end new text begin may new text end make specific reference to noninstitutional sanctions, including but
not limited to the following: payment of fines, day fines, restitution, community work orders,
work release programs in local facilities, community based residential and nonresidential
programs, incarceration in a local correctional facility, and probation and the conditions
thereof. new text begin The commission may not establish guidelines for or limits on noninstitutional
sanctions. Any guidelines for or limits on noninstitutional sanctions, including any limit on
the period of time for which a court may stay a sentence and place an offender on probation,
proposed or adopted by the commission on or before August 1, 2020, are void.
new text end

Although the Sentencing Guidelines are advisory to the district court, the court shall
follow the procedures of the guidelines when it pronounces sentence in a proceeding to
which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing
Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity, proportionality, rationality, and
predictability in sentencing.

In establishing and modifying the Sentencing Guidelines, the primary consideration of
the commission shall be public safety. The commission shall also consider current sentencing
and release practices; correctional resources, including but not limited to the capacities of
local and state correctional facilities; and the long-term negative impact of the crime on the
community.

The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the
Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative commission to review
administrative rules. However, the commission shall adopt rules pursuant to sections 14.001
to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines,
including procedures for the promulgation of severity levels and criminal history scores,
and these rules shall be subject to review by the Legislative Coordinating Commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end