Minnesota Sentencing Guidelines Commission

1
Minnesota Sentencing Guidelines
Commission Guidelines Training
2
What Well Cover Todayin Session I

• Who and what makeup the Guidelines?
• Review the basic components of the Minnesota
  Sentencing Guidelines.
• Have several short exercises following items
  covered today in part one.
• Note Questions are encouraged throughout.

3
What are sentencing guidelines and what do they
accomplish?

• A Rational Mechanism or Structure to Implement
  Sentencing Policy / A Determinate Sentencing
  System
• Guidelines Provide a Standard to Determine How
  Well the System is Working / Typical vs.
  Departure Cases
• Guidelines Structure is Neutral

4
Sentencing Guidelines Goals and Purposes

• Public Safety -- Violent Offenders
  Incarcerated
• Uniformity -- Similar Crime Similar History
  Similar Sentence
• Proportionality -- Consider Severity of Offense
  and Criminal History
• Truth and Certainty in Sentencing -- Fixed
  Sentence
• Coordinate Policy w/ Correctional Resources --
  Predictability

5
Guidelines/Sentencing Components

• Legislature sets offense definitions and penalty
  ranges in Statute
• Minnesota Sentencing Guidelines Commentary
  recommends
• Prison or Not
• Length of Prison Sentence
• Recommended sentence based on
• Offenders conviction offense (Severity
  Levels I XI)
• Offenders criminal record (Scored from 0
  to 6)
• Incorporates Mandatory Presumptive Minimums
  (found in statute)
• Determinate Prison Sentences
• Serve 2/3 in prison
• Serve 1/3 on supervised release
• No parole board

6
Guidelines/Sentencing Components (cont.)

• Judge Decides Community Sanctions for Stayed
  Sentences
• Probation up to statutory maximum
• Local jail up to one year
• Fine
• Restitution
• Community Work
• Treatment
• Other Sanctions Available
• Judge may depart
• Appropriate when there are substantial
  compelling reasons
• Required to state reasons on the record
• Defense or Prosecution May Appeal the Sentence

7
MSGC Commission and Staff

• Eleven Members, including
• Judges (Trial, Court of Appeals, Supreme Court)
• Prosecutor
• Public Defense
• Law Enforcement
• Probation
• Commissioner of Corrections
• Citizens (3, including a crime victim)
• Staff - 6 Employees
• Director
• 4 Research Staff
• 1 Administrative Staff

8
MSGC Commission and Staff (cont.)

• Primary Responsibilities
• Modify guidelines every year
• Collect, integrate and maintain data, including a
  monitoring system for all felony sentences
• Provide policy and impact-analysis
• Evaluate and report
• Assist and train practitioners
• Support statewide information integration
• Educate and inform public and criminal justice
  professionals
  

9
The Sentencing Grid
The horizontal axis represents the offenders
total criminal history score.
0
1
2
3
4
5
6
0
1
2
3
4
5
6
11
11
Execute the Sentence Commit to the Commissioner
of Corrections
Execute the Sentence Commit to the Commissioner
of Corrections
10
10
Vertical axis represents the severity of the
current offense. Felonies are ranked from 1-11.
9
9
8
7
6
Each individual cell on the grid contains the
presumptive duration of a sentence in months. For
cells above the disposition line, a range is also
given.
5
4
Stay the Sentence
Stay the Sentence
3
2
1

• Coordinates on the grid indicate two things
• The presumptive disposition of a sentence
• The presumptive duration of a sentence

10
Determining the Presumptive Disposition/Duration F
actors to always consider when completing a
sentencing worksheet

• Presumptive Disposition
• Is cell located above or below the solid line
  running through grid?
• Are there any mandatory (statutory) provisions?
• Are there any prior offenses applicable to the
  current offense (e.g., second or subsequent)?

• Presumptive Duration
• As a felony the duration is never less than 1
  year 1 day.
• Use the grid time or the mandatory minimum,
  whichever is greater.
• With a criminal history score of 7 or greater
  which includes a custody status point, 3 months
  are added to the grid time.
• 4. Attempts and Conspiracies are generally half
  the grid time.

11
Attempts ConspiraciesM.S. 609.17 M.S. 609.175

• For attempts and conspiracies, the sentence is ½
  the time indicated in the cell.
• Minimum duration is 1 year 1 day.
• Mandatory minimums are not halved.
• Conspiracy to commit Controlled Substance is not
  halved (M.S. 152.096).
• Attempted First degree murder has a separate grid.

12
Additional Note on Sentence DurationImprisonment
and Supervised ReleaseM.S. 244.101

• The court is required to explain the total length
  of the executed sentence
• Term of Imprisonment a specified term to be
  served in prison of not less than 2/3 the total
  executed sentence.
• Supervised Release a specified term of not more
  than 1/3 of the total executed sentence.
• Full Sentence

Term of Imprisonment At least 2/3
Supervised Release No more than 1/3
13
Sentencing WorksheetsDetermining the Number of
Worksheets and Presumptive Sentence(s)

• Complete a separate worksheet for each felony
  receiving a sentence.
• Complete a worksheet even if the felony
  conviction resulted in a misdemeanor or gross
  misdemeanor sentence.
• Reflect the presumptive sentence, regardless of
  any departure by the court.
• Reflect concurrent sentencing, unless consecutive
  sentencing is presumptive.
• Complete the worksheets in offense date order.

14
Sections of the Worksheet
Current Offense Section

• Sentencing Order
• Count Number
• Offense Title
• Date of Offense
• Minnesota Statute
• Severity level
• Weapons Offense Modifiers
• Additional Offense Modifiers

15
Criminal History Section
Sections of the Worksheet

• Custody status at the time of the current
  offense.
• Prior Juvenile offenses.
• Prior Misdemeanor/Gross Misdemeanor offenses.
• Prior Felonies.

16
Criminal History Types of Custody Status

• Probation
• Parole/Supervised Release
• Confined
• Release Pending Sentence
• Escape
• Within Original Probation Term (effective
  08/01/2001)
• Extended Juvenile Jurisdiction
• Please Note A custody status point will not
  result from any prior misdemeanor offense.

17
Criminal History Types of Custody Status
Please note
Within Original Probation Term (effective
08/01/2001) If the offender was discharged early,
a custody status point is given if the new
offense is committed within the initial length of
stay pronounced by the sentencing judge for the
prior offense.
18
Criminal History Types of Custody Status Please
note
Within Original Probation Term (effective
08/01/2001) If the offender was discharged early,
a custody status point is given if the new
offense is committed within the initial length of
stay pronounced by the sentencing judge for the
prior offense.
Extended Jurisdiction Juvenile An individual with
a prior EJJ conviction is on custody status until
age 21, regardless of whether or not the
offenders stay was revoked.
19
Criminal History Types of Custody Status Please
note
Within Original Probation Term (effective
08/01/2001) If the offender was discharged early,
a custody status point is given if the new
offense is committed within the initial length of
stay pronounced by the sentencing judge for the
prior offense.
Extended Jurisdiction Juvenile An individual with
a prior EJJ conviction is on custody status until
age 21, regardless of whether or not the
offenders stay was revoked.
DWIs When the current offense is Criminal
Vehicular Operation or 1st Degree Felony DWI a
custody point is assigned if there is a custody
status for a gross misd. DWI
20
Criminal History Types of Custody Status Please
note
Extended Jurisdiction Juvenile An individual with
a prior EJJ conviction is on custody status until
age 21, regardless of whether or not the
offenders stay was revoked.
Within Original Probation Term (effective
08/01/2001) If the offender was discharged early,
a custody status point is given if the new
offense is committed within the initial length of
stay pronounced by the sentencing judge for the
prior offense.
Discharge and Dismissal An offender on probation
pursuant to M.S. 152.18 at the time of the
current offense receives a custody point.
DWIs When the current offense is Criminal
Vehicular Operation or 1st Degree Felony DWI a
custody point is assigned if there is a custody
status for a gross misd. DWI.
21
Criminal History Types of Custody Status Please
note
Extended Jurisdiction Juvenile An individual with
a prior EJJ conviction is on custody status until
age 21, regardless of whether or not the
offenders stay was revoked.
Within Original Probation Term (effective
08/01/2001) If the offender was discharged early,
a custody status point is given if the new
offense is committed within the initial length of
stay pronounced by the sentencing judge for the
prior offense.
Discharge and Dismissal An offender on probation
pursuant to M.S. 152.18 at the time of the
current offense receives a custody point.
DWIs When the current offense is Criminal
Vehicular Operation or 1st Degree Felony DWI a
custody point is assigned if there is a custody
status for a gross misd. DWI.
Offenses Occurring Over Time Offenses occurring
over a period of time will receive a custody
status point if the offender was under
supervision at any point during the time span of
the offense.
22
Custody Status Exercise
23
Criminal History Determining Juvenile History

• Prior offenses must have been felonies.
• Offender must have been less than 25 years old at
  the time of the current offense.
• Prior juvenile offenses must have occurred after
  the offenders 14th birthday.
• Prior findings must have been made by the
  juvenile court.
• Two juvenile findings are required for one
  criminal point.

24
What about a Continuance?
Criminal History Determining Juvenile History
A juvenile prior is counted only if there was a
finding that the juvenile committed the
offense. For Guidelines criminal history purposes
a finding satisfies the requirementsfor
counting juvenile offense in the criminal history
score. MN Rules of Court 15.08, subd 7
25
Criminal History Determining Juvenile History
What about a Continuance?
A juvenile prior is counted only if there was a
finding that the juvenile committed the
offense. For Guidelines criminal history purposes
a finding satisfies the requirementsfor
counting juvenile offense in the criminal history
score. MN Rules of Court 15.08, subd 7
DO NOT include a Continuance for Dismissal no
finding of the allegations in the charging
document.
26
Criminal History Determining Juvenile History
What about a Continuance?
A juvenile prior is counted only if there was a
finding that the juvenile committed the
offense. For Guidelines criminal history purposes
a finding satisfies the requirementsfor
counting juvenile offense in the criminal history
score. MN Rules of Court 15.08, subd 7
DO NOT include a Continuance for Dismissal no
finding of the allegations in the charging
document DO include a Continuance Without
Adjudication this requires a finding that the
juvenile committed the offenses alleged in the
petition.
27
When do I assign additional juvenile points?
Criminal History Determining Juvenile History

• Only consider
• Juvenile offense with findings after August 1,
  1989.
• Offenses which would be presumptive commits at a
  zero criminal history score.
• Two priors are still required for each point.
• There is no limit to the number of juvenile
  points resulting from presumptive commit offenses.

• Controlled Substance 5 10/94
• Controlled Substance 5 10/94
• Assault 2 06/98
• Controlled Substance 3 06/98

1st Juvenile Point
2nd Juvenile Point
28
Juvenile Criminal History Exercise
29
Criminal History Determining Misdemeanor/Gross
Misdemeanor History
Include a prior offense when it

• Is on the misd./gross misd. list in effect at the
  time the offense was committed.
• Was a felony level conviction that resulted in a
  misd. or gross misd. sentence.
• Has not decayed.
• and remember
• Misd./gross misd. each count 1 unit and 4 units
  are required for one point.
• Generally only 1 misd./gross misd. point is given.

30
Criminal History Determining Misdemeanor/Gross
Misdemeanor History
When the current offense is Criminal Vehicular
Operation or 1st Degree Felony DWI

• Count DWI CVO priors.
• Assign them 2 units each.
• All non-DWI or CVO units are counted first.
• No more than 4 non-DWIs or CVOs are counted.
• 2 non-DWI/CVO plus 1 DWI/CVO 1 point.
• There is no limit to the number of misd./gross
  misd. criminal history points resulting from
  DWI/CVO priors.

31
Criminal History Determining Misdemeanor/Gross
Misdemeanor HistoryCalculating DWI Priors

• Count non-DWIs first, then DWIs

• Extra non-DWIs not be carried over

Theft 1 unit Theft 1 unit Theft 1
unit Theft 1 unit
Theft 1 unit Check Forgery 1 unit DWI 2 units
4 units 1 Pt.
4 units 1 Pt.
Theft 1 unit Check Forgery 1 unit
Dont count
DWI 2 units CVO 2 units CVO 2 units
4 units 1 Pt.
CVO 2 units DWI 2 units DWI 2 units
4 units 1 Pt.
Total 2 Pts.
Total 2 Pts.
32
Misdemeanor/Gross Misdemeanor Criminal History
Exercise
33
Criminal History Determining Felony History
Count prior felony history for

• Offenses receiving a sentence (i.e., not just a
  conviction)
• Offenses receiving a Stay of Imposition
• Offenses that have not decayed
• Foreign/Out-of-State offenses which are felonies
  under current MN law and received felony level
  sentences
• Federal offenses with no Minnesota equivalent and
  assign a weight of 1
• Extended Jurisdiction Juvenile offenses

34
Criminal History Determining Felony History
Assigning Felony Weights Points
Weights are based on the Severity Level of the
offense o      Severity Level I - II ½
point o      Severity Level III - V 1
point o      Severity Level VI - VIII 1 ½
points o      Severity Level IX - XI 2
points and o      Murder 1st Degree 2 points.
Use the Guidelines that are in effect when the
current offense occurs. Weights are unaffected
by attempt or conspiracy statutes. Weights of
previously unranked offenses are determined by
their current ranking.
35
Felony Criminal History Exercise
36
End of Session I

• Have a great lunch and well resume at 100 P.M.

37
Minnesota Sentencing Guidelines
Commission Guidelines Training May 12, 2005 St.
Paul
38
What Well Cover Todayin Part II

• In-depth Topics including Mandatory Sentences,
  Hernandizing, Consecutive Sentencing and Felony
  DWI
• Recent Updates to the Guidelines
• Note Questions are encouraged throughout.

39
Mandatory MinimumsWeapon Offenses (M.S. 609.11)

• Presumptive commits mandatory minimum or grid
  time, whichever is greater.
• Offenses covered are found in 609.11 subd. 9.
• Use or possession of a weapon must be a finding
  of fact in the court record.
• Sentencing without regard to 609.11 constitutes a
  departure from the guidelines.
• Under 609.11 subd. 6, offenders are not eligible
  for probation, parole, discharge or supervised
  release until having served the full term of
  imprisonment.

40
Presumptive Sentences for Criminal Sexual Conduct

• Criminal Sexual Conduct 1st Degree
• Offenses committed on or after 08/01/2000.
• Presumptive minimum sentence is 144 months.
• Attempts and conspiracies are ½ the duration of
  the cell in the grid.

• Criminal Sexual Conduct 2nd Degree
• Offenses committed on or after 05/22/2002.
• Convictions under statutes 609.343, subd 1(c)
  1(h).
• Presumptive minimum sentence is 90 months.
• Attempts and conspiracies are ½ the duration of
  the cell in the grid.

41
Discharge Dismissal(M.S. 152.18)

• Assigned as a probation custody status point.
• Not included in criminal history unless revoked
  prior to sentencing on the current offense.
• For purposes of mandatory minimums counts as a
  prior drug offense if sentenced after 08/01/1999.

42
Enhanced Felonies

• Previous same or similar convictions are used to
  enhance some misd./gross misd. to felonies.
• The predicate offenses used to enhance should not
  be used in calculating criminal history.
• Felonies used to enhance should never be removed
  from criminal history (Effective 8/1/2002).

43
Out-of-State Priors
An out-of-state prior must meet the following
criteria to be included as criminal history

• Nature/Definition of the Offense
• A prior felony must be current felony under MN
  law.
• A prior misd./gross misd. must be defined under
  current state law as such and also meet the
  criteria for being included.

• Length of Sentence Received
• An out-of-state prior is included in the history
  based upon the length of sentence received
  (executed or stayed).
• A stay of imposition is a felony sentence.
• In counting a stay, it is the length of the
  sentence, not of the stay or conditional
  confinement, that determines how the prior is
  included.

The sentencing court makes the final
determination whether to include an out-of-state
prior and what weight to assign it.
44
Hernandizing
Current Theft History None
Hernandizing refers to how criminal history is
applied when sentencing more than one offense on
the same day.
Current Assault History Theft
Once an offense is sentenced, it is carried over
into the history of the next offense to be
sentenced.
Current Robbery History Theft Assault

• Two exceptions to this process
• Single course of conduct with a Burglary or
  Kidnapping
• Single course of conduct with multiple victims.

Current Forgery History Theft Assault Robbery
45
Hernandizing for Multiple Offensesduring a
Burglary or a Kidnapping
Current Burglary 1 8 History None
Current Crim Sex 1 9 History None

• If during the commission of a burglary or
  kidnapping the offender commits another offense,
  two sentences can be given.
• No Hernandizing of current offenses.
• For future worksheets, only the more severe of
  these offenses is entered into history.

No Hernandizing on these worksheets
Current Theft History Crim Sex 1 2
Future worksheets, highest severity level
46
Hernandizing for a Single Incidentwith
Multiple Victims
Current Agg Robbery 8 History None
In What Order? Sentence in the order they occur.
Current Assault 3 4 History Agg Robbery
How to Hernandize Count the two offenses at the
highest severity levels.
Current Assault 2 6 History Agg
Robbery Assault 3
Current Theft 3 History Agg
Robbery Assault 1
What to count as Priors in Future
worksheets? Include only the two most severe
offenses.
Current Assault 1 9 History Agg
Robbery Assault 2
47
Burglary/Kidnapping, Multiple Victims Incidents
Exercise
48
Consecutive Sentences

• Presumptive Consecutive Sentencing applies to
• - Offense(s) committed while in prison or on
  supervised or conditional release.
• - Offender escape from prison.
• - Offense(s) committed while on escape from
  prison.
• In each circumstance
• The offense must be a presumptive commit.
• The sentence(s) is consecutive to the sentence
  for which the offender was confined at the time,
  but concurrent to each other.
• Duration
• The worksheet is completed to show the
  presumptive duration found in the 1 column of
  the grid.
• If a longer sentence would result from concurrent
  sentencing, then that would be presumptive.

49
Consecutive Sentences (cont.)

• Permissive Consecutive
• Current Person Prior Person
• Multiple Person Each Other
• Non-prison escape Confined Offense
• Felony committed while on non-executed
  escape escape or confined offense
• Felony committed while on escape from executed
  felony escape
• Duration
• The court finds the sentence duration for the
  offense in the 0 column.
• The worksheet reflects concurrent sentencing,
  showing the entire criminal history and the
  duration indicated on the grid.

50
Comparing Consecutive vs. Concurrent Sentencing
Current Agg Robbery 8 History
2 Sentence 68
Permissive Consecutive Sentencing
Concurrent Sentencing
68 months (68 months concurrent) 36
months (68 months concurrent) 86
months (146 months concurrent) 190
month sentence or 44 months longer than
concurrent sentencing.
Current Assault 2 6 History
3.5 Sentence 39
Current Assault 1 9 History
5 Sentence 146
51
Conditional Release for Sex Offenders 1st
Degree Felony DWI (Applies to Executed Sentences)
Criminal Sexual Conduct 1st thru 4th degree (M.S.
609.109 subd. 7) Effective for offenses
committed on or after 08/01/1992 First
offense 5 years conditional release
Second offense 10 years conditional release
1st Degree Felony DWI (M.S. 169A.276 subd.
1(d)) For all offenses, first and subsequent 5
years
Total Executed Sentence (example)
2/3 Term of Imprisonment
1/3 Supervised Release
Offender is given credit for time on Supervised
Release
Status changes to Conditional Release upon
expiration of sentence
5 years
52
Jail Credit

• All time spent in custody in connection with the
  offense.
• Credit is limited to time spent in jails,
  workhouses and regional correctional facilities.
• No credit for residential treatment facilities or
  electronic monitoring.
• Consecutive sentencing no double credit

53
Felony DWI
54
New Felony DWI--Highlights

• M.S. 169A.24, First Degree DWI
• Effective August 1, 2002
• 4th Qualified Impaired Driving Incident in 10
  years
• Priors Can be Alcohol Revocations

55
Felony DWI New Severity Level VII
History 0 1 2
3 4 5
56
Felony DWI - Counting Criminal History

• GM DWI Probation can be used as a custody
  status point.
• Do not use the 3 priors used to enhance.
• Always include any prior Felony DWI.
• Additional DWIs or CVOs misd./gross misd. can
  be used at a weight of 2 units each.
• No limit to the number of misdemeanor points
  given from prior DWIs or misd./gross misd. CVOs

57
Felony DWI - Counting Criminal History
Excluding Predicate OffensesTwo Examples
Implied Consent Implied Consent Implied Consent
DWI DWI DWI
Used to enhance
Used to enhance
Implied Consent Implied Consent Implied Consent
Theft 1 unit Theft 1 unit DWI 2 units
4 units 1 Pt.
Can not count
4 units 1 Pt.
DWI 2 units DWI 2 units
Theft 1 unit Theft 1 unit
2 units 0 Pt.
Total 2 Pts.
Total 0 Pt.
58
No Stays of Imposition
Felony DWI Sentencing Requirements

• The sentencing court must impose at least a 36
  month sentence on the first DWI.

Presumptive Commit on Second or Subsequent Offense

• For all subsequent DWIs, the presumptive
  disposition is a Commit to the Commissioner of
  Corrections.

59
Conditional Release
Felony DWI Sentencing Requirements

• 5 Years for all offenses 1st subsequent.
• Court must put conditional release time on the
  record at sentencing.

60
Guidelines Update
61
Previously Unranked Offenses Ranked as of August
1, 2003

• 1. Registration of Predatory Offenders M.S.
  243.166
• Severity Level 1 - 1st felony offense
• Severity Level 3 - 2nd or Subsequent offense
• 2. Controlled Substance Crime in the Third
  Degree M.S. 152.023
• Removed aggregated offense ranked at Severity
  Level 6

62
New crimes made effective by the Legislature
August 1, 2003
Identity Theft 609.527, subd. 3(5) Severity
Level 8 Interference w/ Emergency
Communications 609.776 Severity Level 5
Mail Theft 609.529 Severity Level 2
63
New crimes made effective by the Legislature
August 1, 2003
Attempted Manufacture of Methamphetamine M.S.
152.021, subd. 2a(b) Severity Level 3 The
presumptive duration for this offense is found in
the appropriate cell on the Grid. Durations
should not be divided in half policies applying
to Attempts under M.S. 609.17 in Section II.G are
not applicable.
64
Additions to the Misdemeanor/Gross Misdemeanor
Offense List
As of August 1, 2003
Assault in the Fourth Degree - 609.2231 subd. 1,
2a, 4, 5, 6, 7 Registration of Predatory
Offenders - 243.166, subd. 5
As of August 1, 2004
Carrying a pistol while under the influence of
alcohol or a controlled substance 624.7142
subd. 6(a)(b) Contributing to status as a
juvenile petty offender or delinquency 260B.425
(Replaced Contributing to the delinquency of a
minor 260.315)
65
What We Covered Today

• Who and what makeup the Guidelines.

66
What We Covered Today

• Who and what makeup the Guidelines.
• Basic components review.

67
What We Covered Today

• Who and what makeup the Guidelines.
• Basic components review.
• In-depth topics discussion.

68
What We Covered Today

• Who and what makeup the Guidelines.
• Basic components review.
• In-depth topics discussion.
• Completed exercises reviewing certain items
  covered today.

69
What We Covered Today

• Who and what makeup the Guidelines.
• Basic components review.
• In-depth topics discussion.
• Have a few fun exercises reviewing certain items
  covered today.
• Evaluation and Suggestions

70
THANK YOU FOR YOUR TIME DONT FORGET 651-296-0144
www.msgc.state.mn.us sentencing.guidelines_at_state.
mn.us