1.1 A bill for an act
1.2 relating to public safety; providing for mitigated departures for certain offenders
1.3 who have been victims; requiring presentence investigation reports to include
1.4 certain information; allowing certain offenders who have been victims to apply
1.5 for a pardon or for clemency; directing the Minnesota Sentencing Guidelines
1.6 Commission to include an additional mitigating factor; amending Minnesota
1.7 Statutes 2024, sections 609.115, subdivision 1; 609.133, subdivision 7; 638.12,
1.8 subdivision 2; 638.15, subdivision 1; 638.19, subdivision 1; proposing coding for
1.9 new law in Minnesota Statutes, chapter 609.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. [609.1057] CRIMES COMMITTED BY DOMESTIC ABUSE AND
1.12SEXUAL ASSAULT VICTIMS; DEPARTURE AUTHORIZED.
1.13 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
1.14the meanings given.
1.15 (b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2, paragraph
1.16(a).
1.17 (c) "Prosecutor" means the attorney general, county attorney, or city attorney responsible
1.18for the prosecution of individuals charged with a crime.
1.19 (d) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
1.20 (e) "Sexual assault" means an act that would constitute a violation of section 609.342,
1.21609.343, 609.344, 609.345, 609.3451, or 609.3458.
1.22 Subd. 2.Mitigated departure for certain domestic abuse, sexual assault, and sex
1.23trafficking victims.(a) Before sentencing an offender for a felony offense, the court shall
1Section 1.
25-05128 as introduced03/21/25 REVISOR KLL/DG
SENATE
STATE OF MINNESOTA
S.F. No. 3002NINETY-FOURTH SESSION
(SENATE AUTHORS: OUMOU VERBETEN and Gustafson)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/27/2025
Referred to Judiciary and Public Safety 2.1consider whether the person has been the victim of domestic abuse, sexual assault, or sex
2.2trafficking.
2.3 (b) A court may order a mitigated departure from the presumptive sentence under the
2.4Sentencing Guidelines if the court determines:
2.5 (1) the offender has been the victim of domestic abuse, sexual assault, or sex trafficking;
2.6 (2) that experience was a contributing factor in the offense the person committed; and
2.7 (3) a mitigated departure from the presumptive sentence under the Sentencing Guidelines
2.8is in the public interest.
2.9 (c) If the court considers court records, military service records, social services records,
2.10medical records, or any other relevant records or testimony that are not otherwise public in
2.11making the determination under paragraph (b), the court may issue an order permitting the
2.12filing of those records under seal or as confidential and may issue any other order to maintain
2.13the confidentiality of records including excising any part of the records or requiring that
2.14review be made in camera.
2.15 (d) The court may order a mitigated dispositional departure, a mitigated durational
2.16departure, or both under this subdivision.
2.17 (e) Nothing in this subdivision prohibits the court from announcing a sentence that is a
2.18mitigated departure based on any other mitigating factor.
2.19 Subd. 3.Supportive services.If the court places an offender who was the victim of
2.20domestic abuse, sexual assault, or sex trafficking on probation, the court may require as a
2.21condition of probation that the offender participate in treatment or programming to support
2.22the offender in addressing behaviors and mental health conditions arising from or exacerbated
2.23by experiences of domestic abuse, sexual assault, or sex trafficking.
2.24 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to sentencing
2.25hearings held on or after that date.
2.26 Sec. 2. Minnesota Statutes 2024, section 609.115, subdivision 1, is amended to read:
2.27 Subdivision 1.Presentence investigation.(a) When a defendant has been convicted of
2.28a misdemeanor or gross misdemeanor, the court may, and when the defendant has been
2.29convicted of a felony, the court shall, before sentence is imposed, cause a presentence
2.30investigation and written report to be made to the court concerning the defendant's individual
2.31characteristics, circumstances, needs, potentialities, criminal record and social history, the
2.32circumstances of the offense and the harm caused by it to others and to the community. At
2Sec. 2.
25-05128 as introduced03/21/25 REVISOR KLL/DG 3.1the request of the prosecutor in a gross misdemeanor case, the court shall order that a
3.2presentence investigation and report be prepared. The investigation shall be made by a
3.3probation officer of the court, if there is one; otherwise it shall be made by the commissioner
3.4of corrections. The officer conducting the presentence or predispositional investigation shall
3.5make reasonable and good faith efforts to contact and provide the victim with the information
3.6required under section 611A.037, subdivision 2. Presentence investigations shall be conducted
3.7and summary hearings held upon reports and upon the sentence to be imposed upon the
3.8defendant in accordance with this section, section 244.10, and the Rules of Criminal
3.9Procedure.
3.10 (b) When the crime is a violation of sections 609.561 to 609.563, 609.5641, or 609.576
3.11and involves a fire, the report shall include a description of the financial and physical harm
3.12the offense has had on the public safety personnel who responded to the fire. For purposes
3.13of this paragraph, "public safety personnel" means the state fire marshal; employees of the
3.14Division of the State Fire Marshal; firefighters, regardless of whether the firefighters receive
3.15any remuneration for providing services; peace officers, as defined in section 626.05,
3.16subdivision 2; individuals providing emergency management services; and individuals
3.17providing emergency medical services.
3.18 (c) When the crime is a felony violation of chapter 152 involving the sale or distribution
3.19of a controlled substance, the report may include a description of any adverse social or
3.20economic effects the offense has had on persons who reside in the neighborhood where the
3.21offense was committed.
3.22 (d) The report shall also include the information relating to crime victims required under
3.23section 611A.037, subdivision 1. If the court directs, the report shall include an estimate of
3.24the prospects of the defendant's rehabilitation and recommendations as to the sentence which
3.25should be imposed. In misdemeanor cases the report may be oral.
3.26 (e) The report shall also include information about whether the defendant has been the
3.27victim of domestic abuse, sexual assault, or sex trafficking and, if so, any connection between
3.28that experience and the offense the offender committed.
3.29 (e) (f) When a defendant has been convicted of a felony, and before sentencing, the court
3.30shall cause a sentencing worksheet to be completed to facilitate the application of the
3.31Minnesota Sentencing Guidelines. The worksheet shall be submitted as part of the
3.32presentence investigation report.
3.33 (f) (g) When a person is convicted of a felony for which the Sentencing Guidelines
3.34presume that the defendant will be committed to the commissioner of corrections under an
3Sec. 2.
25-05128 as introduced03/21/25 REVISOR KLL/DG 4.1executed sentence and no motion for a sentencing departure has been made by counsel, the
4.2court may, when there is no space available in the local correctional facility, commit the
4.3defendant to the custody of the commissioner of corrections, pending completion of the
4.4presentence investigation and report. When a defendant is convicted of a felony for which
4.5the Sentencing Guidelines do not presume that the defendant will be committed to the
4.6commissioner of corrections, or for which the Sentencing Guidelines presume commitment
4.7to the commissioner but counsel has moved for a sentencing departure, the court may commit
4.8the defendant to the commissioner with the consent of the commissioner, pending completion
4.9of the presentence investigation and report. The county of commitment shall return the
4.10defendant to the court when the court so orders.
4.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to presentence
4.12investigations conducted and written reports made on or after that date.
4.13 Sec. 3. Minnesota Statutes 2024, section 609.133, subdivision 7, is amended to read:
4.14 Subd. 7.Nature of remedy; standard.(a) The court shall determine whether there are
4.15substantial and compelling reasons to adjust the individual's sentence. In making this
4.16determination, the court shall consider what impact, if any, a sentence adjustment would
4.17have on public safety, including whether an adjustment would promote the rehabilitation
4.18of the individual, properly reflect the severity of the underlying offense, or reduce sentencing
4.19disparities. In making this determination, the court may consider factors relating to both the
4.20offender and the offense, including but not limited to:
4.21 (1) the presentence investigation report used at sentencing, if available;
4.22 (2) the individual's performance on probation or supervision;
4.23 (3) the individual's disciplinary record during any period of incarceration;
4.24 (4) records of any rehabilitation efforts made by the individual since the date of offense
4.25and any plan to continue those efforts in the community;
4.26 (5) evidence that remorse, age, diminished physical condition, or any other factor has
4.27significantly reduced the likelihood that the individual will commit a future offense;
4.28 (6) the amount of time the individual has served in custody or under supervision; and
4.29 (7) whether the individual has been the victim of domestic abuse, sexual assault, or sex
4.30trafficking and that experience was a contributing factor in the crime for which the individual
4.31was convicted; and
4.32 (8) significant changes in law or sentencing practice since the date of offense.
4Sec. 3.
25-05128 as introduced03/21/25 REVISOR KLL/DG 5.1 (b) Notwithstanding any law to the contrary, if the court determines by a preponderance
5.2of the evidence that there are substantial and compelling reasons to adjust the individual's
5.3sentence, the court may modify the sentence in any way provided the adjustment does not:
5.4 (1) increase the period of confinement or, if the individual is serving a stayed sentence,
5.5increase the period of supervision;
5.6 (2) reduce or eliminate the amount of court-ordered restitution; or
5.7 (3) reduce or eliminate a term of conditional release required by law when a court
5.8commits an offender to the custody of the commissioner of corrections.
5.9The court may stay imposition or execution of sentence pursuant to section 609.135.
5.10 (c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter
5.11a judgment of conviction for a different offense, or impose sentence for any other offense.
5.12 (d) The court shall state in writing or on the record the reasons for its decision on the
5.13petition. If the court grants a sentence adjustment, the court shall provide the information
5.14in section 244.09, subdivision 15, to the Sentencing Guidelines Commission.
5.15 EFFECTIVE DATE.This section is effective August 1, 2025.
5.16 Sec. 4. Minnesota Statutes 2024, section 638.12, subdivision 2, is amended to read:
5.17 Subd. 2.Pardon eligibility; waiver.(a) Except as provided in paragraphs paragraph
5.18(b) and, (c), or (d), an individual convicted of a crime in a court of this state may apply for
5.19a pardon of the individual's conviction on or after five years from the sentence's expiration
5.20or discharge date.
5.21 (b) An individual convicted before August 1, 2023, of a violation of section 609.19,
5.22subdivision 1, clause (1), under the theory of liability for crimes of another may apply for
5.23a pardon upon the sentence's expiration or discharge date if the individual:
5.24 (1) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
5.25 (i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
5.26 (ii) did not cause the death of a human being; and
5.27 (iii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
5.28another with the intent to cause the death of a human being; or
5.29 (2) was charged with a violation of section 609.19, subdivision 2, and:
5.30 (i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
5Sec. 4.
25-05128 as introduced03/21/25 REVISOR KLL/DG 6.1 (ii) did not cause the death of a human being; and
6.2 (iii) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph
6.3(c), in the underlying felony or did not act with extreme indifference to human life.
6.4 (c) An individual sentenced before August 1, 2025, may apply for a pardon upon the
6.5sentence's expiration or discharge date if the individual has been the victim of domestic
6.6abuse, sexual assault, or sex trafficking and that experience was a contributing factor in the
6.7crime for which the applicant was convicted.
6.8 (c) (d) An individual may request the board to waive the waiting period if there is a
6.9showing of unusual circumstances and special need.
6.10 (d) (e) The commission must review a waiver request and recommend to the board
6.11whether to grant the request. When considering a waiver request, the commission is exempt
6.12from the meeting requirements under section 638.14 and chapter 13D.
6.13 (e) (f) The board must grant a waiver request unless the governor or a board majority
6.14opposes the waiver.
6.15 EFFECTIVE DATE.This section is effective August 1, 2025.
6.16 Sec. 5. Minnesota Statutes 2024, section 638.15, subdivision 1, is amended to read:
6.17 Subdivision 1.Grounds for recommending clemency.(a) When recommending whether
6.18to grant clemency, the commission must consider any factors that the commission deems
6.19appropriate, including but not limited to:
6.20 (1) the nature, seriousness, and circumstances of the applicant's crime; the applicant's
6.21age at the time of the crime; and the time that has elapsed between the crime and the
6.22application;
6.23 (2) the successful completion or revocation of previous probation, parole, supervised
6.24release, or conditional release;
6.25 (3) the number, nature, and circumstances of the applicant's other criminal convictions;
6.26 (4) the extent to which the applicant has demonstrated rehabilitation through
6.27postconviction conduct, character, and reputation;
6.28 (5) the extent to which the applicant has accepted responsibility, demonstrated remorse,
6.29and made restitution to victims;
6.30 (6) whether the sentence is clearly excessive in light of the applicant's crime and criminal
6.31history and any sentence received by an accomplice and with due regard given to:
6Sec. 5.
25-05128 as introduced03/21/25 REVISOR KLL/DG 7.1 (i) any plea agreement;
7.2 (ii) the sentencing judge's views; and
7.3 (iii) the sentencing ranges established by law;
7.4 (7) whether the applicant was convicted before August 1, 2023, of a violation of section
7.5609.19, subdivision 1, clause (1), under the theory of liability for crimes of another and, if
7.6so, whether the applicant:
7.7 (i) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
7.8 (A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
7.9 (B) did not cause the death of a human being; and
7.10 (C) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
7.11another with the intent to cause the death of a human being; or
7.12 (ii) was charged with a violation of section 609.19, subdivision 2, and:
7.13 (A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
7.14 (B) did not cause the death of a human being; and
7.15 (C) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph
7.16(c), in the underlying felony or did not act with extreme indifference to human life;
7.17 (8) whether the applicant's age or medical status indicates that it is in the best interest
7.18of society that the applicant receive clemency;
7.19 (9) the applicant's asserted need for clemency, including family needs and barriers to
7.20housing or employment created by the conviction;
7.21 (10) for an applicant under the department's custody, the adequacy of the applicant's
7.22reentry plan;
7.23 (11) the amount of time already served by the applicant and the availability of other
7.24forms of judicial or administrative relief;
7.25 (12) the extent to which there is credible evidence indicating that the applicant is or may
7.26be innocent of the crime for which they were convicted; and
7.27 (13) whether the applicant has been the victim of domestic abuse, sexual assault, or sex
7.28trafficking and, if so, the extent to which that experience was a contributing factor in the
7.29crime for which the applicant was convicted; and
7Sec. 5.
25-05128 as introduced03/21/25 REVISOR KLL/DG 8.1 (14) if provided by the applicant, the applicant's demographic information, including
8.2race, ethnicity, gender, disability status, and age.
8.3 (b) Unless an applicant knowingly omitted past criminal convictions on the application,
8.4the commission or the board must not prejudice an applicant for failing to identify past
8.5criminal convictions.
8.6 EFFECTIVE DATE.This section is effective August 1, 2025.
8.7 Sec. 6. Minnesota Statutes 2024, section 638.19, subdivision 1, is amended to read:
8.8 Subdivision 1.Time-barred from reapplying; exception.(a) After the board has
8.9considered and denied a clemency application on the merits, an applicant may not file a
8.10subsequent application for five years after the date of the most recent denial. This paragraph
8.11applies if an application is denied according to section 638.17, subdivision 1, paragraph
8.12(b).
8.13 (b) An individual may request permission to reapply before the five-year period expires
8.14based only on new and substantial information that was not and could not have been
8.15previously considered by the board or commission.
8.16 (c) If a waiver request contains new and substantial information, the commission must
8.17review the request and recommend to the board whether to waive the time restriction.
8.18Information related to a factor listed in section 638.15, subdivision 1, paragraph (a), that
8.19was added or amended after the date of the denial of a prior application constitutes new and
8.20substantial information. When considering a waiver request, the commission is exempt from
8.21the meeting requirements under section 638.14 and chapter 13D.
8.22 (d) The board must grant a waiver request unless the governor or a board majority
8.23opposes the waiver.
8.24 Sec. 7. SENTENCING GUIDELINES DIRECTED TO AMEND THE LIST OF
8.25MITIGATING FACTORS.
8.26 The Sentencing Guidelines Commission is directed to amend the nonexclusive list of
8.27mitigating factors that may be used as reasons for departure to include situations where the
8.28person has been the victim of domestic abuse, sexual assault, or sex trafficking; that
8.29experience was a contributing factor in the offense the person committed; and departure is
8.30in the public interest as described in Minnesota Statutes, section 609.1057, subdivision 2.
8.31 EFFECTIVE DATE.This section is effective August 1, 2025.
8Sec. 7.
25-05128 as introduced03/21/25 REVISOR KLL/DG