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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

244.09 MINNESOTA SENTENCING GUIDELINES COMMISSION.
    Subdivision 1. Commission; establishment. There is hereby established the Minnesota
Sentencing Guidelines Commission which shall be comprised of 11 members.
    Subd. 2. Members. The Sentencing Guidelines Commission shall consist of the following:
(1) the chief justice of the Supreme Court or a designee;
(2) one judge of the Court of Appeals, appointed by the chief justice of the Supreme Court;
(3) one district court judge appointed by the chief justice of the Supreme Court;
(4) one public defender appointed by the governor upon recommendation of the state public
defender;
(5) one county attorney appointed by the governor upon recommendation of the board of
directors of the Minnesota County Attorneys Association;
(6) the commissioner of corrections or a designee;
(7) one peace officer as defined in section 626.84 appointed by the governor;
(8) one probation officer or parole officer appointed by the governor; and
(9) three public members appointed by the governor, one of whom shall be a victim of a
crime defined as a felony.
When an appointing authority selects individuals for membership on the commission, the
authority shall make reasonable efforts to appoint qualified members of protected groups, as
defined in section 43A.02, subdivision 33.
One of the members shall be designated by the governor as chair of the commission.
    Subd. 3. Appointment terms. Each appointed member shall be appointed for four years and
shall continue to serve during that time as long as the member occupies the position which made
the member eligible for the appointment. Each member shall continue in office until a successor
is duly appointed. Members shall be eligible for reappointment, and appointment may be made
to fill an unexpired term. The term of any member appointed or reappointed by the governor
before the first Monday in January 1991 expires on that date. The term of any member appointed
or reappointed by the governor after the first Monday in January 1991 is coterminous with the
governor. The members of the commission shall elect any additional officers necessary for the
efficient discharge of their duties.
    Subd. 4. Reimbursement. Each member of the commission shall be reimbursed for all
reasonable expenses actually paid or incurred by that member in the performance of official duties
in the same manner as other employees of the state. The public members of the commission shall
be compensated at the rate of $50 for each day or part thereof spent on commission activities.
    Subd. 5. Promulgation of Sentencing Guidelines. The commission shall promulgate
Sentencing Guidelines for the district court. The guidelines shall be based on reasonable offense
and offender characteristics. The guidelines promulgated by the commission shall be advisory to
the district court and shall establish:
(1) The circumstances under which imprisonment of an offender is proper; and
(2) A presumptive, fixed sentence for offenders for whom imprisonment is proper, based on
each appropriate combination of reasonable offense and offender characteristics. The guidelines
shall provide for an increase of 20 percent and a decrease of 15 percent in the presumptive,
fixed sentence.
The Sentencing Guidelines promulgated by the commission may also establish appropriate
sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated by
the commission establishing sanctions for offenders for whom imprisonment is not proper shall
make specific reference to noninstitutional sanctions, including but not limited to the following:
payment of fines, day fines, restitution, community work orders, work release programs in local
facilities, community based residential and nonresidential programs, incarceration in a local
correctional facility, and probation and the conditions thereof.
Although the Sentencing Guidelines are advisory to the district court, the court shall follow
the procedures of the guidelines when it pronounces sentence in a proceeding to which the
guidelines apply by operation of statute. Sentencing pursuant to the Sentencing Guidelines is not
a right that accrues to a person convicted of a felony; it is a procedure based on state public policy
to maintain uniformity, proportionality, rationality, and predictability in sentencing.
In establishing and modifying the Sentencing Guidelines, the primary consideration of the
commission shall be public safety. The commission shall also consider current sentencing and
release practices; correctional resources, including but not limited to the capacities of local and
state correctional facilities; and the long-term negative impact of the crime on the community.
The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the
Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative commission to review administrative
rules. However, the commission shall adopt rules pursuant to sections 14.001 to 14.69 which
establish procedures for the promulgation of the Sentencing Guidelines, including procedures for
the promulgation of severity levels and criminal history scores, and these rules shall be subject to
review by the legislative coordinating commission.
    Subd. 6. Clearinghouse and information center. The commission, in addition to
establishing Sentencing Guidelines, shall serve as a clearinghouse and information center
for the collection, preparation, analysis and dissemination of information on state and local
sentencing practices, and shall conduct ongoing research regarding Sentencing Guidelines, use
of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating
to the improvement of the criminal justice system. The commission shall from time to time
make recommendations to the legislature regarding changes in the Criminal Code, criminal
procedures, and other aspects of sentencing.
    Subd. 7. Study. After the implementation of the Sentencing Guidelines promulgated by the
commission, the commission shall study their impact and review the powers and duties of the
commissioner of corrections.
    Subd. 8. Administrative services. The commissioner of corrections shall provide adequate
office space and administrative services for the commission, and the commission shall reimburse
the commissioner for the space and services provided. The commission may also utilize, with their
consent, the services, equipment, personnel, information and resources of other state agencies;
and may accept voluntary and uncompensated services, contract with individuals, public and
private agencies, and request information, reports and data from any agency of the state, or any
of its political subdivisions, to the extent authorized by law.
    Subd. 9. Funds acceptance. When any person, corporation, the United States government,
or any other entity offers funds to the Sentencing Guidelines Commission to carry out its purposes
and duties, the commission may accept the offer by majority vote and upon acceptance the chair
shall receive the funds subject to the terms of the offer, but no money shall be accepted or received
as a loan nor shall any indebtedness be incurred except in the manner and under the limitations
otherwise provided by law.
    Subd. 10. Research director. The commission may select and employ a research director
who shall perform the duties the commission directs, including the hiring of any clerical help and
other employees as the commission shall approve. The research director and other staff shall be
in the unclassified service of the state and their compensation shall be established pursuant to
chapter 43A. They shall be reimbursed for the expenses necessarily incurred in the performance
of their official duties in the same manner as other state employees.
    Subd. 11. Modification. The commission shall meet as necessary for the purpose of
modifying and improving the guidelines. Any modification which amends the Sentencing
Guidelines grid, including severity levels and criminal history scores, or which would result
in the reduction of any sentence or in the early release of any inmate, with the exception of a
modification mandated or authorized by the legislature or relating to a crime created or amended
by the legislature in the preceding session, shall be submitted to the legislature by January 15 of
any year in which the commission wishes to make the change and shall be effective on August 1
of that year, unless the legislature by law provides otherwise. All other modifications shall take
effect according to the procedural rules of the commission. On or before January 15 of each year,
the commission shall submit a written report to the committees of the senate and the house
of representatives with jurisdiction over criminal justice policy that identifies and explains all
modifications made during the preceding 12 months and all proposed modifications that are
being submitted to the legislature that year.
    Subd. 11a.[Repealed, 1997 c 239 art 3 s 25; 1Sp1997 c 5 s 5]
    Subd. 12. Submission of guidelines. The guidelines shall be submitted to the legislature on
January 1, 1980, and shall be effective May 1, 1980, unless the legislature provides otherwise.
    Subd. 13. Rulemaking power. The commission shall have authority to promulgate rules to
carry out the purposes of subdivision 5.
    Subd. 14. Report on mandatory minimum sentences. The Sentencing Guidelines
Commission shall include in its annual report to the legislature a summary and analysis of reports
received from county attorneys under section 609.11, subdivision 10.
History: 1978 c 723 art 1 s 9; 1982 c 424 s 130; 1982 c 536 s 1-3; 1982 c 642 s 3; 1983 c
216 art 1 s 35; 1983 c 274 s 10,18; 1983 c 299 s 24; 1984 c 589 s 3-6; 1984 c 640 s 32; 1986 c
444; 1987 c 377 s 1-3; 1987 c 384 art 2 s 1; 1988 c 618 s 1; 1989 c 290 art 2 s 8; 1990 c 422 s
10; 1991 c 258 s 6; 1994 c 636 art 3 s 1; art 6 s 14; 1996 c 408 art 3 s 11; 1997 c 7 art 2 s 31; art
5 s 21; 1997 c 96 s 1; 1998 c 254 art 1 s 66; 2005 c 136 art 16 s 1,2

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