609.2243 SENTENCING; REPEAT DOMESTIC ASSAULT.
Subdivision 1. Gross misdemeanor.
A person convicted of gross misdemeanor domestic
assault under section
609.2242, subdivision 2
, shall be sentenced to a minimum of 20 days
imprisonment, at least 96 hours of which must be served consecutively. The court may stay
execution of the minimum sentence required under this subdivision on the condition that the
person sentenced complete anger therapy or counseling and fulfill any other condition, as ordered
by the court; provided, however, that the court shall revoke the stay of execution and direct the
person to be taken into immediate custody if it appears that the person failed to attend or complete
the ordered therapy or counseling, or violated any other condition of the stay of execution. If the
court finds at the revocation hearing required under section
609.14, subdivision 2
, that the person
failed to attend or complete the ordered therapy, or violated any other condition of the stay of
execution, the court shall order execution of the sentence previously imposed.
Subd. 2. Felony.
(a) Except as otherwise provided in paragraph (b), in determining an
appropriate disposition for felony domestic assault under section
609.2242, subdivision 4
court shall presume that a stay of execution with at least a 45-day period of incarceration as a
condition of probation shall be imposed. If the court imposes a stay of execution with a period of
incarceration as a condition of probation, at least 15 days must be served consecutively.
(b) If the defendant's criminal history score, determined according to the Sentencing
Guidelines, indicates a presumptive executed sentence, that sentence shall be imposed unless the
court departs from the Sentencing Guidelines pursuant to section
. A stay of imposition
of sentence under this paragraph may be granted only if accompanied by a statement on the
record of the reasons for it.
History: 1996 c 408 art 3 s 23