1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 06/05/2025 09:44 a.m.
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Introduction
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Posted on 02/19/2025 | |
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1st Engrossment
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Posted on 03/24/2025 |
A bill for an act
relating to crime; creating Task Force on Mandatory Minimum Sentences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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As used in this section, "mandatory minimum" refers to
legislatively defined, predetermined sentencing requirements, including but not limited to
sentencing requirements under Minnesota Statutes, sections 152.021, 152.022, and 609.11,
that mandate a minimum period of commitment to the commissioner of corrections upon
conviction for certain offenses.
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The Task Force on Mandatory Minimum Sentences is
established to collect and analyze data on the charging, convicting, and sentencing of persons
to mandatory minimum sentences; assess whether current laws and practices promote public
safety and equity in sentencing; and make recommendations to the legislature.
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(a) The task force consists of the following members:
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(1) the commissioner of corrections, or a designee;
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(2) the executive director of the Minnesota Sentencing Guidelines Commission, or a
designee;
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(3) the state public defender, or a designee;
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(4) the statewide coordinator of the Violent Crime Coordinating Council, or a designee;
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(5) one defense attorney, appointed by the Minnesota Association of Criminal Defense
Lawyers;
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(6) two county attorneys, one from Hennepin or Ramsey County and one from outside
the seven-county metropolitan area, appointed by the Minnesota County Attorneys
Association;
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(7) a peace officer familiar with shooting investigations, appointed by the Minnesota
Sheriffs' Association;
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(8) a peace officer familiar with shooting investigations, appointed by the Minnesota
Chiefs of Police Association;
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(9) one member representing a victims' rights organization, appointed by the senate
majority leader;
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(10) one member of a statewide civil rights organization, appointed by the speaker of
the house of representatives;
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(11) one impacted person who is directly related to a person who has been convicted of
a mandatory minimum sentence or who has themselves been convicted of a mandatory
minimum sentence and has completed the sentence, appointed by the governor; and
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(12) one person with academic expertise regarding the laws and practices of other states
relating to mandatory minimum sentences, appointed by the governor.
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(b) Appointments must be made no later than July 30, 2025.
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(c) Members shall serve without compensation.
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(d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
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(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
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(b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2025, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
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(c) The task force shall meet at least monthly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
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(d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of mandatory minimum sentences.
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(a) The task force shall, at a minimum:
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(1) collect and analyze data on charges, convictions, and sentences that involve mandatory
minimum sentences;
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(2) collect and analyze data on mandatory minimum sentences in which a person received
a mitigated durational departure because the mandatory minimum sentence was seen as
inappropriate by a judge or county attorney, or both;
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(3) collect and analyze data on mandatory minimum sentences in which a person likely
would have received a mitigated durational departure but for the enforcement of a mandatory
minimum sentence;
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(4) collect and analyze data on charges, convictions, and sentences for codefendants of
persons sentenced to a mandatory minimum sentence;
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(5) review relevant state statutes and state and federal court decisions;
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(6) receive input from persons who were convicted of a crime with a mandatory minimum
sentence;
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(7) receive input from family members of persons who were convicted of a crime with
a mandatory minimum sentence;
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(8) receive input from persons who were victims of crimes with a mandatory minimum
sentence;
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(9) receive input from family members of persons who were victims of crimes with a
mandatory minimum sentence;
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(10) analyze the benefits and unintended consequences of state statutes and practices
related to the charging, convicting, and sentencing of persons of crimes with mandatory
minimum sentences, including but not limited to an analysis of whether current statutes and
practices:
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(i) promote public safety; and
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(ii) properly punish a person for that person's role in an offense; and
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(11) make recommendations for legislative action, if any, on laws affecting:
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(i) the collection and reporting of data; and
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(ii) the charging, convicting, and sentencing of persons for crimes with mandatory
minimum sentences.
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(b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
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On or before August 15, 2026, the task force shall submit a report to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over criminal sentencing on the findings and recommendations of the task force.
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The task force expires the day after submitting its report under
subdivision 6.
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This section is effective the day following final enactment.
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