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Minnesota Legislature

Office of the Revisor of Statutes

609.583 SENTENCING; FIRST BURGLARY OF A DWELLING.
Except as provided in section 609.582, subdivision 1a, in determining an appropriate
disposition for a first offense of burglary of a dwelling, the court shall presume that a stay of
execution with at least a 90-day period of incarceration as a condition of probation shall be
imposed unless the defendant's criminal history score determined according to the Sentencing
Guidelines indicates a presumptive executed sentence, in which case the presumptive executed
sentence shall be imposed unless the court departs from the Sentencing Guidelines pursuant
to section 244.10. A stay of imposition of sentence may be granted only if accompanied by
a statement on the record of the reasons for it. The presumptive period of incarceration may
be waived in whole or in part by the court if the defendant provides restitution or performs
community work service.
History: 1983 c 321 s 3; 1984 c 497 s 1; 1986 c 470 s 20; 1996 c 408 art 3 s 33