2007 Minnesota Statutes

609.1095 INCREASED SENTENCES FOR CERTAIN DANGEROUS AND REPEAT
FELONY OFFENDERS.
    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a
conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is being
sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the
following laws of this state or any similar laws of the United States or any other state: sections
152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 609.221; 609.222;
609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663;
609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 609.345; 609.498,
subdivision 1 ; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and
609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and
624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable
by a maximum sentence of 15 years or more.
    Subd. 2. Increased sentences for dangerous offender who commits third violent crime.
Whenever a person is convicted of a violent crime that is a felony, and the judge is imposing
an executed sentence based on a Sentencing Guidelines presumptive imprisonment sentence,
the judge may impose an aggravated durational departure from the presumptive imprisonment
sentence up to the statutory maximum sentence if the offender was at least 18 years old at the
time the felony was committed, and:
(1) the court determines on the record at the time of sentencing that the offender has two or
more prior convictions for violent crimes; and
(2) the factfinder determines that the offender is a danger to public safety. The factfinder may
base its determination that the offender is a danger to public safety on the following factors:
(i) the offender's past criminal behavior, such as the offender's high frequency rate of
criminal activity or juvenile adjudications, or long involvement in criminal activity including
juvenile adjudications; or
(ii) the fact that the present offense of conviction involved an aggravating factor that would
justify a durational departure under the Sentencing Guidelines.
    Subd. 3. Mandatory sentence for dangerous offender who commits third violent felony.
(a) Unless a longer mandatory minimum sentence is otherwise required by law or the court
imposes a longer aggravated durational departure under subdivision 2, a person who is convicted
of a violent crime that is a felony must be committed to the commissioner of corrections for a
mandatory sentence of at least the length of the presumptive sentence under the Sentencing
Guidelines if the court determines on the record at the time of sentencing that the person has two
or more prior felony convictions for violent crimes. The court shall impose and execute the prison
sentence regardless of whether the guidelines presume an executed prison sentence.
Any person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, or work release, until that person has served the full term of
imprisonment imposed by the court, notwithstanding sections 241.26, 242.19, 243.05, 244.04,
609.12, and 609.135.
(b) For purposes of this subdivision, "violent crime" does not include a violation of section
152.023 or 152.024.
    Subd. 4. Increased sentence for offender who commits sixth felony. Whenever a person
is convicted of a felony, and the judge is imposing an executed sentence based on a Sentencing
Guidelines presumptive imprisonment sentence, the judge may impose an aggravated durational
departure from the presumptive sentence up to the statutory maximum sentence if the factfinder
determines that the offender has five or more prior felony convictions and that the present offense
is a felony that was committed as part of a pattern of criminal conduct.
History: 1998 c 367 art 6 s 7; 2005 c 136 art 7 s 16; art 16 s 11,12