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HF 901

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 01:52pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/08/2021
1st Engrossment Posted on 03/10/2021

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; establishing prosecutor-initiated sentence adjustments;
reporting on sentencing; amending Minnesota Statutes 2020, section 244.09, by
adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter
609.

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

Section 1.

Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Report on sentencing adjustments. new text end

new text begin The Sentencing Guidelines Commission
shall include in its annual report to the legislature a summary and analysis of sentence
adjustments issued under section 609.133. At a minimum, the summary and analysis must
include information on the counties where a sentencing adjustment was granted and on the
race, sex, and age of individuals who received a sentence adjustment.
new text end

Sec. 2.

new text begin [609.133] SENTENCE ADJUSTMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "prosecutor" means the attorney
general, county attorney, or city attorney responsible for the prosecution of individuals
charged with a crime.
new text end

new text begin Subd. 2. new text end

new text begin Prosecutor-initiated sentence adjustment. new text end

new text begin The prosecutor responsible for
the prosecution of an individual convicted of a crime may commence a proceeding to adjust
the sentence of that individual at any time after the initial sentencing provided the prosecutor
does not seek to increase the period of confinement or, if the individual is serving a stayed
sentence, increase the period of supervision.
new text end

new text begin Subd. 3. new text end

new text begin Review by prosecutor. new text end

new text begin (a) Prosecutors may review individual cases at their
discretion.
new text end

new text begin (b) Prior to filing a petition under this section, a prosecutor shall make a reasonable and
good faith effort to seek input from any identifiable victim and shall consider the impact
an adjusted sentence would have on the victim.
new text end

new text begin (c) The commissioner of corrections, a supervising agent, or an offender may request
that a prosecutor review an individual case. A prosecutor is not required to respond to a
request.
new text end

new text begin Subd. 4. new text end

new text begin Petition; contents; fee. new text end

new text begin (a) A petition for sentence adjustment shall include
the following:
new text end

new text begin (1) the full name of the individual on whose behalf the petition is being brought and, to
the extent possible, all other legal names or aliases by which the individual has been known
at any time;
new text end

new text begin (2) the individual's date of birth;
new text end

new text begin (3) the individual's address;
new text end

new text begin (4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for
the individual;
new text end

new text begin (5) the details of the offense for which an adjustment is sought, including:
new text end

new text begin (i) the date and jurisdiction of the occurrence;
new text end

new text begin (ii) either the names of any victims or that there were no identifiable victims;
new text end

new text begin (iii) whether there is a current order for protection, restraining order, or other no contact
order prohibiting the individual from contacting the victims or whether there has ever been
a prior order for protection or restraining order prohibiting the individual from contacting
the victims;
new text end

new text begin (iv) the court file number; and
new text end

new text begin (v) the date of conviction;
new text end

new text begin (6) what steps the individual has taken since the time of the offense toward personal
rehabilitation, including treatment, work, good conduct within correctional facilities, or
other personal history that demonstrates rehabilitation;
new text end

new text begin (7) the individual's criminal conviction record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
convictions in any other state, federal court, or foreign country, whether the convictions
occurred before or after the conviction for which an adjustment is sought;
new text end

new text begin (8) the individual's criminal charges record indicating all prior and pending criminal
charges against the individual in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal, stayed for adjudication, or were the subject
of pretrial diversion; and
new text end

new text begin (9) to the extent known, all prior requests by the individual, whether for the present
offense or for any other offenses in this state or any other state or federal court, for pardon,
return of arrest records, or expungement or sealing of a criminal record, whether granted
or not, and all stays of adjudication or imposition of sentence involving the petitioner.
new text end

new text begin (b) The filing fee for a petition brought under this section shall be waived.
new text end

new text begin Subd. 5. new text end

new text begin Service of petition. new text end

new text begin (a) The prosecutor shall serve the petition for sentence
adjustment on the individual on whose behalf the petition is being brought.
new text end

new text begin (b) The prosecutor shall make a good faith and reasonable effort to notify any person
determined to be a victim of the offense for which adjustment is sought of the existence of
a petition. Notification under this paragraph does not constitute a violation of an existing
order for protection, restraining order, or other no contact order.
new text end

new text begin (c) Notice to victims of the offense under this subdivision must:
new text end

new text begin (1) specifically inform the victim of the right to object, orally or in writing, to the
proposed adjustment of sentence; and
new text end

new text begin (2) inform the victims of the right to be present and to submit an oral or written statement
at the hearing described in subdivision 6.
new text end

new text begin (d) If a victim notifies the prosecutor of an objection to the proposed adjustment of
sentence and is not present when the court considers the sentence adjustment, the prosecutor
shall make these objections known to the court.
new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin (a) The court shall hold a hearing on the petition no sooner than 60
days after service of the petition. The hearing shall be scheduled so that the parties have
adequate time to prepare and present arguments regarding the issue of sentence adjustment.
The parties may submit written arguments to the court prior to the date of the hearing and
may make oral arguments before the court at the hearing. The individual on whose behalf
the petition has been brought must be present at the hearing, unless excused under Minnesota
Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
new text end

new text begin (b) A victim of the offense for which sentence adjustment is sought has a right to submit
an oral or written statement to the court at the time of the hearing describing the harm
suffered by the victim as a result of the crime and the victim's recommendation on whether
adjustment should be granted or denied. The judge shall consider the victim's statement
when making a decision.
new text end

new text begin (c) Representatives of the Department of Corrections, supervising agents, community
treatment providers, and any other individual with relevant information may submit an oral
or written statement to the court at the time of the hearing.
new text end

new text begin Subd. 7. new text end

new text begin Nature of remedy; standard. new text end

new text begin (a) The court shall determine whether there are
substantial and compelling reasons to adjust the individual's sentence. In making this
determination, the court shall consider what impact, if any, a sentence adjustment would
have on public safety, including whether an adjustment would promote the rehabilitation
of the individual, properly reflect the severity of the underlying offense, or reduce sentencing
disparities. In making this determination, the court may consider factors relating to both the
offender and the offense, including but not limited to:
new text end

new text begin (1) the individual's performance on probation or supervision;
new text end

new text begin (2) the individual's disciplinary record during any period of incarceration;
new text end

new text begin (3) records of any rehabilitation efforts made by the individual since the date of offense
and any plan to continue those efforts in the community;
new text end

new text begin (4) evidence that remorse, age, diminished physical condition, or any other factor has
significantly reduced the likelihood that the individual will commit a future offense;
new text end

new text begin (5) the amount of time the individual has served in custody or under supervision; and
new text end

new text begin (6) significant changes in law or sentencing practice since the date of offense.
new text end

new text begin (b) Notwithstanding any law to the contrary, if the court determines that there are
substantial and compelling reasons to adjust the individual's sentence, the court may modify
the sentence in any way provided the adjustment does not:
new text end

new text begin (1) increase the period of confinement or, if the individual is serving a stayed sentence,
increase the period of supervision;
new text end

new text begin (2) reduce or eliminate the amount of court-ordered restitution; or
new text end

new text begin (3) reduce or eliminate a term of conditional release required by law when a court
commits an offender to the custody of the commissioner of corrections.
new text end

new text begin The court may stay imposition or execution of sentence pursuant to section 609.135.
new text end

new text begin (c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter
a judgment of conviction for a different offense, or impose sentence for any other offense.
new text end

new text begin (d) The court shall state in writing or on the record the reasons for its decision on the
petition. If the court grants a sentence adjustment, it shall cause a sentencing worksheet as
provided in section 609.115, subdivision 1, to be completed and forwarded to the Sentencing
Guidelines Commission. The sentencing worksheet shall clearly indicate that it is for a
sentence adjustment.
new text end

new text begin Subd. 8. new text end

new text begin Appeals. new text end

new text begin An order issued under this section shall not be considered a final
judgment, but shall be treated as an order imposing or staying a sentence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end