MINNESOTA COURT RULES

SENTENCING GUIDELINES

4.A.Sentencing Guidelines Grid

Presumptive sentence lengths are in months. Italicized numbers within the grid denote the discretionary range within which a court may sentence without the sentence being deemed a departure. Offenders with stayed felony sentences may be subject to local confinement.

			CRIMINAL HISTORY SCORE
	SEVERITY LEVEL OF CONVICTION OFFENSE (Example offenses listed in italics)		0	1	2	3	4	5	6 or more
	Murder, 2nd Degree (Intentional; Drive-By-Shootings)	11	306 261-367	326 278-391	346 295-415	366 312-439	386 329-463	406 346-4801	426 363-4801
	Murder, 2nd Degree (Unintentional) Murder, 3rd Degree (Depraved Mind)	10	150 128-180	165 141-198	180 153-216	195 166-234	210 179-252	225 192-270	240 204-288
	Murder, 3rd Degree (Drugs) Assault, 1st Degree (Great Bodily Harm)	9	86 74-103	98 84-117	110 94-132	122 104-146	134 114-160	146 125-175	158 135-189
	Agg. Robbery, 1st Degree; Burglary, 1st Degree (w/ Weapon or Assault)	8	48 41-57	58 50-69	68 58-81	78 67-93	88 75-105	98 84-117	108 92-129
	Felony DWI; Financial Exploitation of a Vulnerable Adult	7	36	42	48	54 46-64	60 51-72	66 57-79	72 62-841,2
	Assault, 2nd Degree; Burglary, 1st Degree (Occupied Dwelling)	6	21	27	33	39 34-46	45 39-54	51 44-61	57 49-68
	Residential Burglary Simple Robbery	5	18	23	28	33 29-39	38 33-45	43 37-51	48 41-57
	Nonresidential Burglary	4	12	15	18	21	24 21-28	27 23-32	30 26-36
	Theft Crimes (Over $5,000)	3	12	13	15	17	19 17-22	21 18-25	23 20-27
	Theft Crimes ($5,000 or less) Check Forgery ($251-$2,500)	2	12	12	13	15	17	19	21 18-25
	Assault, 4th Degree Fleeing a Peace Officer	1	12	12	12	13	15	17	19 17-22

□	Presumptive commitment to state imprisonment. First-degree murder has a mandatory life sentence and is excluded from the Guidelines under Minnesota Statutes, section 609.185. See section 2.E., for policies regarding those sentences controlled by law.
■	Presumptive stayed sentence; at the discretion of the court, up to 364 days of confinement and other non-jail sanctions can be imposed as conditions of probation. However, certain offenses in the shaded area of the Grid always carry a presumptive commitment to state prison. See sections 2.C. and 2.E.
1 Minnesota Statutes, section 244.09, requires that the Guidelines provide a range for sentences that are presumptive commitment to state imprisonment of 15% lower and 20% higher than the fixed duration displayed, provided that the minimum sentence is not less than one year and the maximum sentence is not more than the statutory maximum. See section 2.C.1-2
2 For Severity Level 7 offenses other than Felony DWI, the standard range of 20% higher than the fixed duration applies at CHS 6 or more. (The range is 62-86.)

Examples of Executed Sentences (Length in Months) Broken Down by:
Term of Imprisonment and Supervised Release Term

Under Minnesota Statutes, section 244.101, offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, will receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third. The court is required to pronounce the total executed sentence and explain the amount of time the offender will serve in prison and the amount of time the offender will serve on supervised release, assuming the offender commits no disciplinary offense in prison that results in the imposition of a disciplinary confinement period. The court must also explain that the amount of time the offender actually serves in prison may be extended by the Commissioner if the offender violates disciplinary rules while in prison or violates conditions of supervised release. This extension period could result in the offender's serving the entire executed sentence in prison.

Executed Sentence	Term of Imprisonment	Supervised Release Term	Executed Sentence	Term of Imprisonment	Supervised Release Term
12	8	4	78	52	26
13	8 2/3	4 1/3	86	57 1/3	28 2/3
15	10	5	88	58 2/3	29 1/3
17	11 1/3	5 2/3	98	65 1/3	32 2/3
18	12	6	108	72	36
19	12 2/3	6 1/3	110	73 1/3	36 2/3
21	14	7	122	81 1/3	40 2/3
23	15 1/3	7 2/3	134	89 1/3	44 2/3
24	16	8	146	97 1/3	48 2/3
27	18	9	150	100	50
28	18 2/3	9 1/3	158	105 1/3	52 2/3
30	20	10	165	110	55
33	22	11	180	120	60
36	24	12	190	126 2/3	63 1/3
38	25 1/3	12 2/3	195	130	65
39	26	13	200	133 1/3	66 2/3
42	28	14	210	140	70
43	28 2/3	14 1/3	220	146 2/3	73 1/3
45	30	15	225	150	75
48	32	16	230	153 1/3	76 2/3
51	34	17	240	160	80
54	36	18	306	204	102
57	38	19	326	217 1/3	108 2/3
58	38 2/3	19 1/3	346	230 2/3	115 1/3
60	40	20	366	244	122
66	44	22	386	257 1/3	128 2/3
68	45 1/3	22 2/3	406	270 2/3	135 1/3
72	48	24	426	284	142

4.B. Sex Offender Grid

Presumptive sentence lengths are in months. Italicized numbers within the grid denote the discretionary range within which a court may sentence without the sentence being deemed a departure. Offenders with stayed felony sentences may be subject to local confinement.

			CRIMINAL HISTORY SCORE
	SEVERITY LEVEL OF CONVICTION OFFENSE (Example offenses listed in italics)		0	1	2	3	4	5	6 or More
	Criminal Sexual Conduct (CSC) 1st Degree	A	144 1442-172	156 1442-187	168 1442-201	180 153-216	234 199-280	306 261-360	360 306-3603
	CSC 2nd Degree-1(a)(b)(c)(d)(e) 1a(a)(b)(c)(d)(h)(i) (e.g., contact, & force with bodily harm)	B	90 902-108	110 94-132	130 111-156	150 128-180	195 166-234	255 217-306	300 255-360
	CSC 3rd Degree-1(a)(b)(c)(d) 1a(c)(d)(g)(h)(i) (e.g., penetration & coercion/occupation)	C	48 41-57	62 53-74	76 65-91	90 77-108	117 100-140	153 131-183	180 153-216
	CSC 2nd Degree-1a(e)(f)(g) (age) CSC 3rd Degree-1a(a)(e)(f) or 1a(b) with 2(1) (age)	D	36	48	60 51-72	70 60-84	91 78-109	119 102-142	140 119-168
	CSC 4th Degree-1(a)(b)(c)(d) 1a(c)(d)(g)(h)(i) (e.g., contact & coercion/occupation)2	E	24	36	48	60 51-72	78 67-93	102 87-120	120 102-1203
	CSC 4th Degree-1a(a)(b)(e)(f) (age) CSC 5th Degree-3b (subsequent)	F	18	27	36	45 39-54	59 51-70	77 66-92	84 72-100
	CSC 3rd Degree-1a(b) with 2(2) Possession of Child Pornography; Solicit Child for Sexual Conduct2	G	15	20	25	30	39 34-46	51 44-60	60 51-603
	CSC 5th Degree-3(a) (nonconsensual penetration)	H	12	14	16	18	24	243 24-24	243 24-24
	Failure to Register as a Predatory Offender	I	121 121-14	14 121-16	16 14-19	18 16-21	24 21-28	30 26-36	36 31-43

1 121=One year and one day mandatory minimum under Minnesota Statutes, section 243.166, subdivision 5, paragraph (b).
□	Presumptive commitment to state imprisonment. Sex offenses under Minnesota Statutes, section 609.3455, subdivision 2, have mandatory life sentences and are excluded from the Guidelines. See section 2.E, for policies regarding those sentences controlled by law, including conditional release terms for sex offenders.
■	Presumptive stayed sentence; at the discretion of the court, up to 364 days of confinement and other non-jail sanctions can be imposed as conditions of probation. However, certain offenders in the shaded area of the Grid may qualify for a mandatory life sentence under Minnesota Statutes, section 609.3455, subdivision 4. See sections 2.C and 2.E.
2 Sex Trafficking is not subject to a 144- or 90-month minimum statutory presumptive sentence so the standard range of 15% lower and 20% higher than the fixed duration applies. (For Severity Level A, Criminal History Scores 0, 1, & 2, the ranges are 123-172, 133-187, & 143-201, respectively. For Severity Level B, Criminal History Score 0, the range is 77-108.)
3 Minnesota Statutes. section 244.09, requires that the Guidelines provide a range for sentences that are presumptive commitment to state imprisonment of 15% lower and 20% higher than the fixed duration displayed, provided that the minimum sentence is not less than one year and the maximum sentence is not more than the statutory maximum. See section 2.C.1-2. For Severity Level H, all displayed durations, including the upper and lower ranges, are constrained by the statutory maximum at criminal history scores above 4.

Examples of Executed Sentences (Length in Months) Broken Down by:
Term of Imprisonment and Supervised Release Term

Under Minnesota Statutes, section 244.101, offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, will receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third. The court is required to pronounce the total executed sentence and explain the amount of time the offender will serve in prison and the amount of time the offender will serve on supervised release, assuming the offender commits no disciplinary offense in prison that results in the imposition of a disciplinary confinement period. The court must also explain that the amount of time the offender actually serves in prison may be extended by the Commissioner if the offender violates disciplinary rules while in prison or violates conditions of supervised release. This extension period could result in the offender's serving the entire executed sentence in prison.

Executed Sentence	Term of Imprisonment	Supervised Release Term	Executed Sentence	Term of Imprisonment	Supervised Release Term
12 and 1 day	8 and 1 day	4	84	56	28
14	9 1/3	4 2/3	90	60	30
15	10	5	91	60 2/3	30 1/3
16	10 2/3	5 1/3	102	68	34
18	12	6	110	73 1/3	36 2/3
20	13 1/3	6 2/3	117	78	39
24	16	8	119	79 1/3	39 2/3
25	16 2/3	8 1/3	120	80	40
27	18	9	130	86 2/3	43 1/3
30	20	10	140	93 1/3	46 2/3
36	24	12	144	96	48
39	26	13	150	100	50
40	26 2/3	13 1/3	153	102	51
45	30	15	156	104	52
48	32	16	168	112	56
51	34	17	180	120	60
59	39 1/3	19 2/3	195	130	65
60	40	20	234	156	78
62	41 1/3	20 2/3	255	170	85
70	46 2/3	23 1/3	300	200	100
76	50 2/3	25 1/3	306	204	102
77	51 1/3	25 2/3	360	240	120
78	52	26

4.C. Drug Offender Grid

Presumptive sentence lengths are in months. Italicized numbers within the grid denotes range within which a court may sentence without the sentence being deemed a departure. Offenders with stayed felony sentences may be subjected to local confinement.

			CRIMINAL HISTORY SCORE
	SEVERITY LEVEL OF CONVICTION OFFENSE (Example offenses listed in italics)		0	1	2	3	4	5	6 or More
	Aggravated Controlled Substance Crime, 1st Degree Manufacture of Any Amt. Meth	D9	86 74*-103	98 84*-117	110 94*-132	122 104*-146	134 114*-160	146 125*-175	158 135*-189
	Controlled Substance Crime, 1st Degree	D8	65 56*-78	75 64*-90	85 73*-102	95 81*-114	105 90*-126	115 98*-138	125 107*-150
	Controlled Substance Crime, 2nd Degree	D7	48	58	68 58-81	78 67-93	88 75-105	98 84-117	108 92-129
	Controlled Substance Crime, 3rd Degree Failure to Affix Stamp	D6	21	27	33	39 34-46	45 39-54	51 44-61	57 49-68
	Possess Substances with Intent to Manufacture Meth	D5	18	23	28	33 29-39	38 33-45	43 37-51	48 41-57
	Controlled Substance Crime, 4th Degree	D4	12	15	18	21	24 21-28	27 23-32	30 26-36
	Meth Crimes Involving Children and Vulnerable Adults	D3	12	13	15	17	19 17-22	21 18-25	23 20-27
	Controlled Substance Crime, 5th Degree	D2	12	12	13	15	17	19	21 18-25
	Sale of Simulated Controlled Substance	D1	12	12	12	13	15	17	19 17-22

*Lower range may not apply. See section 2.C.3.c(1) and Minnesota Statutes, section 152.021, subdivision 3, paragraphs (c) and (d)
□	Presumptive commitment to state imprisonment.
■	Presumptive stayed sentence; at the discretion of the court, up to 364 days of confinement and other non-jail sanctions can be imposed as conditions of probation. However, certain offenses in the shaded area of the Grid always carry a presumptive commitment to state prison. See sections 2.C and 2.E.

Examples of Executed Sentences (Length in Months) Broken Down by:
Term of Imprisonment and Supervised Release Term

Under Minnesota Statutes, section 244.101, offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, will receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third. The court is required to pronounce the total executed sentence and explain the amount of time the offender will serve in prison and the amount of time the offender will serve on supervised release, assuming the offender commits no disciplinary offense in prison that results in the imposition of a disciplinary confinement period. The court must also explain that the amount of time the offender actually serves in prison may be extended by the Commissioner if the offender violates disciplinary rules while in prison or violates conditions of supervised release. This extension period could result in the offender's serving the entire executed sentence in prison.

Executed Sentence	Term of Imprisonment	Supervised Release Term	Executed Sentence	Term of Imprisonment	Supervised Release Term
12	8	4	58	38 2/3	19 1/3
13	8 2/3	4 1/3	65	43 1/3	21 2/3
15	10	5	68	45 1/3	22 2/3
17	11 1/3	5 2/3	75	50	25
18	12	6	78	52	26
19	12 2/3	6 1/3	85	56 2/3	28 1/3
21	14	7	86	57 1/3	28 2/3
23	15 1/3	7 2/3	88	58 2/3	29 1/3
24	16	8	95	63 1/3	31 2/3
27	18	9	98	65 1/3	32 2/3
28	18 2/3	9 1/3	105	70	35
30	20	10	108	72	36
33	22	11	110	73 1/3	36 2/3
38	25 1/3	12 2/3	115	76 2/3	38 1/3
39	26	13	122	81 1/3	40 2/3
43	28 2/3	14 1/3	125	83 1/3	41 2/3
45	30	15	134	89 1/3	44 2/3
48	32	16	146	97 1/3	48 2/3
51	34	17	158	105 1/3	52 2/3
57	38	19