What are the Sentencing Guidelines?
The sentencing guidelines embody the goals of the criminal justice system as determined by the citizens of the state through their elected representatives. This system promotes uniform and proportional sentences for convicted felons and helps to ensure that sentencing decisions are not influenced by factors such as race, gender, or the exercise of constitutional rights by the defendant. The guidelines serve as a model for the criminal justice system as a whole to aspire to, as well as provide a standard to measure how well the system is working.
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What is the Sentencing Guidelines Commission?
The Minnesota Sentencing Guidelines Commission is an on-going policy making body created by the Minnesota Legislature in 1978. The guidelines are effective for crimes committed on or after May 1, 1980. The Commission developed and now maintains a model for rational and consistent sentencing standards for felony offenders. The Commission also collects and analyzes information on actual sentencing practices as compared to the sentences recommended by the guidelines. The Commission, which typically meets monthly, consists of 11 members representing the criminal justice system, the public, and victims. The Commission modifies the guidelines each year, in response to legislative changes, case law, problems identified by the monitoring system, and issues raised by various groups.
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What are the goals of the Sentencing Guidelines?
- To Assure Public Safety:
The violent offenders who pose a danger to the community are more likely to be incarcerated, and for longer periods of time.
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To Promote Uniformity in Sentencing:
Offenders who are convicted of similar crimes and who have similar criminal records are to be similarly sentenced.
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To Promote Proportionality in Sentencing:
The guidelines support a "just deserts" philosophy by recommending to the sentencing judge a proportionally more severe sentence based first, on the severity of the conviction offense and second, on the offender's criminal history.
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To Provide Truth and Certainty in Sentencing:
The period of time to be served in prison is pronounced by the judge at sentencing and that time is fixed. Those sentenced to prison will serve at least two-thirds of their executed sentences in prison.
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To Coordinate Sentencing Practices with Correctional Resources:
To assure available resources, the guidelines recommend who should be imprisoned and for how long. The need for prison resources is therefore more predictable and the Legislature can fund accordingly.
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How do the Sentencing Guidelines work?
Minnesota's guidelines recommend sentences based first on the seriousness of the offense and second on the criminal record of the offender. Offenders who are convicted of similar crimes and have similar criminal backgrounds are to receive similar sentences. Offenders who commit the most serious and violent offenses or have more extensive criminal records are to receive the harshest sentences.
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Does the judge have to follow the Sentencing Guidelines?
The court has sentencing discretion. While following the guidelines is expected, they are recommendations based on typical circumstances. A case that is not typical is reason for departure. If the court does depart, the judge must state the reasons for departure and either the prosecution or the defense may appeal the pronounced sentence.
Regardless of whether the judge follows the guidelines, the sentence pronounced is fixed and there is no parole board to grant early release from prison. When an offender receives an executed (prison) sentence, the sentence pronounced by the court consists of two parts: a term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third. The amount of time the offender actually serves in prison may be extended by the Commissioner of Corrections if the offender violates disciplinary rules while in prison or violates conditions of supervised release. This extension period could result in the offender serving the entire executed sentence in prison.
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How do I read the grids?
The guidelines are based on a grid structure. The vertical axis of the grid represents the severity of the offense for which the offender was convicted. The horizontal axis represents a measure of the offender's criminal history.
The Commission has ranked felony level offenses into eleven severity levels, ranging from low (Severity Level I) to high (Severity Level XI). Most sex offenses are arrayed on a separate grid into eight severity levels labeled A thru H. The criminal history index measures the offender's prior record and consists of four measures: 1) a weighted measure of prior felony sentences; 2) a limited measure of prior misdemeanor/gross misdemeanor sentences; 3) a limited measure of the prior serious juvenile record; and 4) a "Custody Status" measure indicating if the offender was under supervision when the current offense occurred.
The recommended (presumptive) guidelines sentence is generally found in the cell of either the general Sentencing Guidelines Grid or the Sex Offender Grid where the offender’s criminal history score and severity level intersect. For cells in the gray shaded area of the grid, the guidelines generally recommend a stayed sentence. When a sentence is stayed, the court places the offender on probation and may impose up to one year of conditional confinement in a local facility (jail or workhouse). Other conditions such as fines, restitution, community work service, treatment, house arrest, etc. may also be imposed on the offender.
When a stay of execution is given, the presumptive sentence length shown in the appropriate cell should be pronounced, but its execution stayed. When a stay of imposition is given, no sentence length is pronounced, and the imposition of the sentence is stayed to some future date. If that sentence is ever imposed, the presumptive sentence length shown in the appropriate cell should be pronounced, and a decision should be made on whether to execute the presumptive sentence length given.
For cells in the white area of the grid, the guidelines recommend incarceration in a state prison. There are, however, a number of offenses which carry a presumptive prison sentence regardless of where an offender is on one of the guideline grids, e.g., certain offenses involving dangerous weapons, and certain drug and burglary offenses. The number in the cell is the recommended length of the prison sentence in months. For cases in the white area of the grid, the law allows a range of 15 percent downward and 20 percent upward from the mid-point that a judge may pronounce and still be within the guidelines.
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Definitions of Key Terms
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Departures from the presumptive fixed sentence occur when the judge gives a sentence that differs from that provided in the sentencing guidelines grid. When substantial and compelling aggravating or mitigating circumstances exist, the judge may depart from the presumptive sentence and provide any sentence authorized by law. When departing from the presumptive sentence, the judge must provide written reasons which articulate the substantial and compelling circumstances, and which demonstrate why the sentence given is more appropriate or fair than the presumptive sentence.
- Executed Sentence means the total period of time for which an inmate is committed to the custody of the Commissioner of Corrections.
- Presumptive Fixed Sentences are those sentences provided in the sentencing guidelines and the sentencing guidelines grid. They are presumptive because they are presumed to be appropriate for all typical cases sharing criminal history and offense severity characteristics. They are fixed because there is no discretionary release authority.
- Stay of Imposition/Stay of Execution: There are two steps in sentencing: the imposition of a sentence, and the execution of the sentence which was imposed. The imposition of sentence consists of pronouncing the sentence to be served in prison (for example, three years imprisonment). The execution of an imposed sentence consists of transferring the felon to the custody of the Commissioner of Corrections to serve the prison sentence. A stayed sentence may be accomplished by either a stay of imposition or a stay of execution.
- If a stay of imposition is granted, the imposition (or pronouncement) of a prison sentence is delayed to some future date, provided that until that date the offender comply with conditions established by the court. If the offender does comply with those conditions until that date, the case is discharged, and for civil purposes (employment applications, etc.) the offender has a record of a misdemeanor rather than a felony conviction.
- If a stay of execution is granted, a prison sentence is pronounced, but the execution (transfer to the custody of the Commissioner of Corrections) is delayed to some future date, provided that until that date the offender comply with conditions established by the court. If the offender does comply with those conditions, the case is discharged, but the offender continues to have a record of a felony conviction.
- Supervised Release is a period of mandatory community supervision following the end of the term of imprisonment for offenders committed to the custody of the Commissioner of Corrections for offenses occurring on or after May 1, 1980. The period of supervised release is defined by Minn. Stat. § 244.101 to be one-third of the total executed sentence pronounced by the court. For offenders sentenced prior to August 1, 1993, the period of supervised release equals the amount of good time earned. The Commissioner of Corrections establishes conditions which the offender must obey during supervised release, and if those conditions are violated, the Commissioner of Corrections may revoke the supervised release and return the offender to prison for a period not to exceed the time left on the sentence.
- Term of Imprisonment is defined by Minn. Stat. § 244.101 as two-thirds of the total executed sentence. For offenders who are committed to the Commissioner of Corrections for crimes occurring prior to August 1, 1993, term of imprisonment is the length of the prison sentence reduced by earned good time. When such an offender is committed, the sentence and the term of imprisonment are the same; as the offender earns good time, the sentence remains the same, but the term of imprisonment is shortened by the amount of good time earned.
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