1999 Minnesota Statutes

     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.    Notice of information regarding sex 
 offenders.  (a) In any case in which a person is convicted of 
 an offense which requires registration under section 243.166, 
 subdivision 1, 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 reside. 

    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 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, or 241.021, if the facility 
 staff is trained in the supervision of sex offenders. 

    (b) The notice authorized by paragraph (a) shall be limited 
 to data classified as public under section 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. 

    (c) 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. 3.    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. 

    HIST: 1978 c 723 art 1 s 10; 1986 c 444; 1988 c 520 s 1; 1996 
 c 408 art 5 s 6