244.10 SENTENCING HEARING; DEVIATION FROM GUIDELINES.
Subdivision 1. Sentencing hearing.
Whenever a person is convicted of a felony, the court,
upon motion of either the defendant or the state, shall hold a sentencing hearing. The hearing shall
be scheduled so that the parties have adequate time to prepare and present arguments regarding
the issue of sentencing. 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 sentencing hearing. Prior to the
hearing, the court shall transmit to the defendant or the defendant's attorney and the prosecuting
attorney copies of the presentence investigation report.
At the conclusion of the sentencing hearing or within 20 days thereafter, the court shall issue
written findings of fact and conclusions of law regarding the issues submitted by the parties,
and shall enter an appropriate order.
Subd. 2. Deviation from guidelines.
Whether or not a sentencing hearing is requested
pursuant to subdivision 1, the district court shall make written findings of fact as to the reasons
for departure from the Sentencing Guidelines in each case in which the court imposes or stays a
sentence that deviates from the Sentencing Guidelines applicable to the case.
Subd. 2a.[Repealed, 2005 c 136 art 16 s 16
; Renumbered subd 8]
Subd. 3.[Repealed, 2005 c 136 art 16 s 16
; Renumbered subd 9]
Subd. 4. Aggravated departures.
In bringing a motion for an aggravated sentence, the
state is not limited to factors specified in the Sentencing Guidelines provided the state provides
reasonable notice to the defendant and the district court prior to sentencing of the factors on
which the state intends to rely.
Subd. 5. Procedures in cases where state intends to seek an aggravated departure.
When the prosecutor provides reasonable notice under subdivision 4, the district court shall allow
the state to prove beyond a reasonable doubt to a jury of 12 members the factors in support of the
state's request for an aggravated departure from the Sentencing Guidelines or the state's request
for an aggravated sentence under any sentencing enhancement statute or the state's request for a
mandatory minimum under section
as provided in paragraph (b) or (c).
(b) The district court shall allow a unitary trial and final argument to a jury regarding both
evidence in support of the elements of the offense and evidence in support of aggravating factors
when the evidence in support of the aggravating factors:
(1) would be admissible as part of the trial on the elements of the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be determined by use of a special verdict form.
Upon the request of the prosecutor, the court shall allow bifurcated argument and jury
(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury, to
allow for the production of evidence, argument, and deliberations on the existence of factors
in support of an aggravated departure after the return of a guilty verdict when the evidence in
support of an aggravated departure:
(1) includes evidence that is otherwise inadmissible at a trial on the elements of the offense;
(2) would result in unfair prejudice to the defendant.
Subd. 6. Defendants to present evidence and argument.
In either a unitary or bifurcated
trial under subdivision 5, a defendant shall be allowed to present evidence and argument to
the jury or factfinder regarding whether facts exist that would justify an aggravated departure
or an aggravated sentence under any sentencing enhancement statute or a mandatory minimum
sentence under section
. A defendant is not allowed to present evidence or argument to
the jury or factfinder regarding facts in support of a mitigated departure during the trial, but may
present evidence and argument in support of a mitigated departure to the judge as factfinder
during a sentencing hearing.
Subd. 7. Waiver of jury determination.
The defendant may waive the right to a jury
determination of whether facts exist that would justify an aggravated sentence. Upon receipt of a
waiver of a jury trial on this issue, the district court shall determine beyond a reasonable doubt
whether the factors in support of the state's motion for aggravated departure or an aggravated
sentence under any sentencing enhancement statute or a mandatory minimum sentence under
Subd. 8. Notice of information regarding predatory offenders.
(a) Subject to paragraph
(b), in any case in which a person is convicted of an offense and the presumptive sentence under
the Sentencing Guidelines is commitment to the custody of the commissioner of corrections, if the
court grants a dispositional departure and stays imposition or execution of sentence, the probation
or court services officer who is assigned to supervise the offender shall provide in writing to the
following the fact that the offender is on probation and the terms and conditions of probation:
(1) a victim of and any witnesses to the offense committed by the offender, if the victim or
the witness has requested notice; and
(2) the chief law enforcement officer in the area where the offender resides or intends to
The law enforcement officer, in consultation with the offender's probation officer, may
provide all or part of this information to any of the following agencies or groups the offender
is likely to encounter: public and private educational institutions, day care establishments, and
establishments or organizations that primarily serve individuals likely to be victimized by the
offender. The law enforcement officer, in consultation with the offender's probation officer, also
may disclose the information to individuals the officer believes are likely to be victimized by
the offender. The officer's belief shall be based on the offender's pattern of offending or victim
preference as documented in the information provided by the Department of Corrections or
Department of Human Services.
The probation officer is not required under this subdivision to provide any notice while the
offender is placed or resides in a residential facility that is licensed under section
245A.02, subdivision 14
, if the facility staff is trained in the supervision of sex offenders.
(b) Paragraph (a) applies only to offenders required to register under section
a result of the conviction.
(c) The notice authorized by paragraph (a) shall be limited to data classified as public under
13.84, subdivision 6
, unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the release of nonpublic data.
(d) Nothing in this subdivision shall be interpreted to impose a duty on any person to use any
information regarding an offender about whom notification is made under this subdivision.
Subd. 9. Computation of criminal history score.
If the defendant contests the existence
of or factual basis for a prior conviction in the calculation of the defendant's criminal history
score, proof of it is established by competent and reliable evidence, including a certified court
record of the conviction.
History: 1978 c 723 art 1 s 10; 1986 c 444; 1988 c 520 s 1; 1996 c 408 art 5 s 6; 2000 c 311
art 2 s 13; 2005 c 136 art 3 s 18; art 16 s 3-8,13; 1Sp2005 c 7 s 17; 2006 c 260 art 1 s 1-3