Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3002 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to public safety; providing for mitigated departures for certain offenders
3	3	1.3 who have been victims; requiring presentence investigation reports to include
4	4	1.4 certain information; allowing certain offenders who have been victims to apply
5	5	1.5 for a pardon or for clemency; directing the Minnesota Sentencing Guidelines
6	6	1.6 Commission to include an additional mitigating factor; amending Minnesota
7	7	1.7 Statutes 2024, sections 609.115, subdivision 1; 609.133, subdivision 7; 638.12,
8	8	1.8 subdivision 2; 638.15, subdivision 1; 638.19, subdivision 1; proposing coding for
9	9	1.9 new law in Minnesota Statutes, chapter 609.
10	10	1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11	11	1.11 Section 1. [609.1057] CRIMES COMMITTED BY DOMESTIC ABUSE AND
12	12	1.12SEXUAL ASSAULT VICTIMS; DEPARTURE AUTHORIZED.
13	13	1.13 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
14	14	1.14the meanings given.
15	15	1.15 (b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2, paragraph
16	16	1.16(a).
17	17	1.17 (c) "Prosecutor" means the attorney general, county attorney, or city attorney responsible
18	18	1.18for the prosecution of individuals charged with a crime.
19	19	1.19 (d) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
20	20	1.20 (e) "Sexual assault" means an act that would constitute a violation of section 609.342,
21	21	1.21609.343, 609.344, 609.345, 609.3451, or 609.3458.
22	22	1.22 Subd. 2.Mitigated departure for certain domestic abuse, sexual assault, and sex
23	23	1.23trafficking victims.(a) Before sentencing an offender for a felony offense, the court shall
24	24	1Section 1.
25	25	25-05128 as introduced03/21/25 REVISOR KLL/DG
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 3002NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: OUMOU VERBETEN and Gustafson)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading03/27/2025
32	32	Referred to Judiciary and Public Safety 2.1consider whether the person has been the victim of domestic abuse, sexual assault, or sex
33	33	2.2trafficking.
34	34	2.3 (b) A court may order a mitigated departure from the presumptive sentence under the
35	35	2.4Sentencing Guidelines if the court determines:
36	36	2.5 (1) the offender has been the victim of domestic abuse, sexual assault, or sex trafficking;
37	37	2.6 (2) that experience was a contributing factor in the offense the person committed; and
38	38	2.7 (3) a mitigated departure from the presumptive sentence under the Sentencing Guidelines
39	39	2.8is in the public interest.
40	40	2.9 (c) If the court considers court records, military service records, social services records,
41	41	2.10medical records, or any other relevant records or testimony that are not otherwise public in
42	42	2.11making the determination under paragraph (b), the court may issue an order permitting the
43	43	2.12filing of those records under seal or as confidential and may issue any other order to maintain
44	44	2.13the confidentiality of records including excising any part of the records or requiring that
45	45	2.14review be made in camera.
46	46	2.15 (d) The court may order a mitigated dispositional departure, a mitigated durational
47	47	2.16departure, or both under this subdivision.
48	48	2.17 (e) Nothing in this subdivision prohibits the court from announcing a sentence that is a
49	49	2.18mitigated departure based on any other mitigating factor.
50	50	2.19 Subd. 3.Supportive services.If the court places an offender who was the victim of
51	51	2.20domestic abuse, sexual assault, or sex trafficking on probation, the court may require as a
52	52	2.21condition of probation that the offender participate in treatment or programming to support
53	53	2.22the offender in addressing behaviors and mental health conditions arising from or exacerbated
54	54	2.23by experiences of domestic abuse, sexual assault, or sex trafficking.
55	55	2.24 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to sentencing
56	56	2.25hearings held on or after that date.
57	57	2.26 Sec. 2. Minnesota Statutes 2024, section 609.115, subdivision 1, is amended to read:
58	58	2.27 Subdivision 1.Presentence investigation.(a) When a defendant has been convicted of
59	59	2.28a misdemeanor or gross misdemeanor, the court may, and when the defendant has been
60	60	2.29convicted of a felony, the court shall, before sentence is imposed, cause a presentence
61	61	2.30investigation and written report to be made to the court concerning the defendant's individual
62	62	2.31characteristics, circumstances, needs, potentialities, criminal record and social history, the
63	63	2.32circumstances of the offense and the harm caused by it to others and to the community. At
64	64	2Sec. 2.
65	65	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
66	66	3.2presentence investigation and report be prepared. The investigation shall be made by a
67	67	3.3probation officer of the court, if there is one; otherwise it shall be made by the commissioner
68	68	3.4of corrections. The officer conducting the presentence or predispositional investigation shall
69	69	3.5make reasonable and good faith efforts to contact and provide the victim with the information
70	70	3.6required under section 611A.037, subdivision 2. Presentence investigations shall be conducted
71	71	3.7and summary hearings held upon reports and upon the sentence to be imposed upon the
72	72	3.8defendant in accordance with this section, section 244.10, and the Rules of Criminal
73	73	3.9Procedure.
74	74	3.10 (b) When the crime is a violation of sections 609.561 to 609.563, 609.5641, or 609.576
75	75	3.11and involves a fire, the report shall include a description of the financial and physical harm
76	76	3.12the offense has had on the public safety personnel who responded to the fire. For purposes
77	77	3.13of this paragraph, "public safety personnel" means the state fire marshal; employees of the
78	78	3.14Division of the State Fire Marshal; firefighters, regardless of whether the firefighters receive
79	79	3.15any remuneration for providing services; peace officers, as defined in section 626.05,
80	80	3.16subdivision 2; individuals providing emergency management services; and individuals
81	81	3.17providing emergency medical services.
82	82	3.18 (c) When the crime is a felony violation of chapter 152 involving the sale or distribution
83	83	3.19of a controlled substance, the report may include a description of any adverse social or
84	84	3.20economic effects the offense has had on persons who reside in the neighborhood where the
85	85	3.21offense was committed.
86	86	3.22 (d) The report shall also include the information relating to crime victims required under
87	87	3.23section 611A.037, subdivision 1. If the court directs, the report shall include an estimate of
88	88	3.24the prospects of the defendant's rehabilitation and recommendations as to the sentence which
89	89	3.25should be imposed. In misdemeanor cases the report may be oral.
90	90	3.26 (e) The report shall also include information about whether the defendant has been the
91	91	3.27victim of domestic abuse, sexual assault, or sex trafficking and, if so, any connection between
92	92	3.28that experience and the offense the offender committed.
93	93	3.29 (e) (f) When a defendant has been convicted of a felony, and before sentencing, the court
94	94	3.30shall cause a sentencing worksheet to be completed to facilitate the application of the
95	95	3.31Minnesota Sentencing Guidelines. The worksheet shall be submitted as part of the
96	96	3.32presentence investigation report.
97	97	3.33 (f) (g) When a person is convicted of a felony for which the Sentencing Guidelines
98	98	3.34presume that the defendant will be committed to the commissioner of corrections under an
99	99	3Sec. 2.
100	100	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
101	101	4.2court may, when there is no space available in the local correctional facility, commit the
102	102	4.3defendant to the custody of the commissioner of corrections, pending completion of the
103	103	4.4presentence investigation and report. When a defendant is convicted of a felony for which
104	104	4.5the Sentencing Guidelines do not presume that the defendant will be committed to the
105	105	4.6commissioner of corrections, or for which the Sentencing Guidelines presume commitment
106	106	4.7to the commissioner but counsel has moved for a sentencing departure, the court may commit
107	107	4.8the defendant to the commissioner with the consent of the commissioner, pending completion
108	108	4.9of the presentence investigation and report. The county of commitment shall return the
109	109	4.10defendant to the court when the court so orders.
110	110	4.11 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to presentence
111	111	4.12investigations conducted and written reports made on or after that date.
112	112	4.13 Sec. 3. Minnesota Statutes 2024, section 609.133, subdivision 7, is amended to read:
113	113	4.14 Subd. 7.Nature of remedy; standard.(a) The court shall determine whether there are
114	114	4.15substantial and compelling reasons to adjust the individual's sentence. In making this
115	115	4.16determination, the court shall consider what impact, if any, a sentence adjustment would
116	116	4.17have on public safety, including whether an adjustment would promote the rehabilitation
117	117	4.18of the individual, properly reflect the severity of the underlying offense, or reduce sentencing
118	118	4.19disparities. In making this determination, the court may consider factors relating to both the
119	119	4.20offender and the offense, including but not limited to:
120	120	4.21 (1) the presentence investigation report used at sentencing, if available;
121	121	4.22 (2) the individual's performance on probation or supervision;
122	122	4.23 (3) the individual's disciplinary record during any period of incarceration;
123	123	4.24 (4) records of any rehabilitation efforts made by the individual since the date of offense
124	124	4.25and any plan to continue those efforts in the community;
125	125	4.26 (5) evidence that remorse, age, diminished physical condition, or any other factor has
126	126	4.27significantly reduced the likelihood that the individual will commit a future offense;
127	127	4.28 (6) the amount of time the individual has served in custody or under supervision; and
128	128	4.29 (7) whether the individual has been the victim of domestic abuse, sexual assault, or sex
129	129	4.30trafficking and that experience was a contributing factor in the crime for which the individual
130	130	4.31was convicted; and
131	131	4.32 (8) significant changes in law or sentencing practice since the date of offense.
132	132	4Sec. 3.
133	133	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
134	134	5.2of the evidence that there are substantial and compelling reasons to adjust the individual's
135	135	5.3sentence, the court may modify the sentence in any way provided the adjustment does not:
136	136	5.4 (1) increase the period of confinement or, if the individual is serving a stayed sentence,
137	137	5.5increase the period of supervision;
138	138	5.6 (2) reduce or eliminate the amount of court-ordered restitution; or
139	139	5.7 (3) reduce or eliminate a term of conditional release required by law when a court
140	140	5.8commits an offender to the custody of the commissioner of corrections.
141	141	5.9The court may stay imposition or execution of sentence pursuant to section 609.135.
142	142	5.10 (c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter
143	143	5.11a judgment of conviction for a different offense, or impose sentence for any other offense.
144	144	5.12 (d) The court shall state in writing or on the record the reasons for its decision on the
145	145	5.13petition. If the court grants a sentence adjustment, the court shall provide the information
146	146	5.14in section 244.09, subdivision 15, to the Sentencing Guidelines Commission.
147	147	5.15 EFFECTIVE DATE.This section is effective August 1, 2025.
148	148	5.16 Sec. 4. Minnesota Statutes 2024, section 638.12, subdivision 2, is amended to read:
149	149	5.17 Subd. 2.Pardon eligibility; waiver.(a) Except as provided in paragraphs paragraph
150	150	5.18(b) and, (c), or (d), an individual convicted of a crime in a court of this state may apply for
151	151	5.19a pardon of the individual's conviction on or after five years from the sentence's expiration
152	152	5.20or discharge date.
153	153	5.21 (b) An individual convicted before August 1, 2023, of a violation of section 609.19,
154	154	5.22subdivision 1, clause (1), under the theory of liability for crimes of another may apply for
155	155	5.23a pardon upon the sentence's expiration or discharge date if the individual:
156	156	5.24 (1) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
157	157	5.25 (i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
158	158	5.26 (ii) did not cause the death of a human being; and
159	159	5.27 (iii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
160	160	5.28another with the intent to cause the death of a human being; or
161	161	5.29 (2) was charged with a violation of section 609.19, subdivision 2, and:
162	162	5.30 (i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
163	163	5Sec. 4.
164	164	25-05128 as introduced03/21/25 REVISOR KLL/DG 6.1 (ii) did not cause the death of a human being; and
165	165	6.2 (iii) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph
166	166	6.3(c), in the underlying felony or did not act with extreme indifference to human life.
167	167	6.4 (c) An individual sentenced before August 1, 2025, may apply for a pardon upon the
168	168	6.5sentence's expiration or discharge date if the individual has been the victim of domestic
169	169	6.6abuse, sexual assault, or sex trafficking and that experience was a contributing factor in the
170	170	6.7crime for which the applicant was convicted.
171	171	6.8 (c) (d) An individual may request the board to waive the waiting period if there is a
172	172	6.9showing of unusual circumstances and special need.
173	173	6.10 (d) (e) The commission must review a waiver request and recommend to the board
174	174	6.11whether to grant the request. When considering a waiver request, the commission is exempt
175	175	6.12from the meeting requirements under section 638.14 and chapter 13D.
176	176	6.13 (e) (f) The board must grant a waiver request unless the governor or a board majority
177	177	6.14opposes the waiver.
178	178	6.15 EFFECTIVE DATE.This section is effective August 1, 2025.
179	179	6.16 Sec. 5. Minnesota Statutes 2024, section 638.15, subdivision 1, is amended to read:
180	180	6.17 Subdivision 1.Grounds for recommending clemency.(a) When recommending whether
181	181	6.18to grant clemency, the commission must consider any factors that the commission deems
182	182	6.19appropriate, including but not limited to:
183	183	6.20 (1) the nature, seriousness, and circumstances of the applicant's crime; the applicant's
184	184	6.21age at the time of the crime; and the time that has elapsed between the crime and the
185	185	6.22application;
186	186	6.23 (2) the successful completion or revocation of previous probation, parole, supervised
187	187	6.24release, or conditional release;
188	188	6.25 (3) the number, nature, and circumstances of the applicant's other criminal convictions;
189	189	6.26 (4) the extent to which the applicant has demonstrated rehabilitation through
190	190	6.27postconviction conduct, character, and reputation;
191	191	6.28 (5) the extent to which the applicant has accepted responsibility, demonstrated remorse,
192	192	6.29and made restitution to victims;
193	193	6.30 (6) whether the sentence is clearly excessive in light of the applicant's crime and criminal
194	194	6.31history and any sentence received by an accomplice and with due regard given to:
195	195	6Sec. 5.
196	196	25-05128 as introduced03/21/25 REVISOR KLL/DG 7.1 (i) any plea agreement;
197	197	7.2 (ii) the sentencing judge's views; and
198	198	7.3 (iii) the sentencing ranges established by law;
199	199	7.4 (7) whether the applicant was convicted before August 1, 2023, of a violation of section
200	200	7.5609.19, subdivision 1, clause (1), under the theory of liability for crimes of another and, if
201	201	7.6so, whether the applicant:
202	202	7.7 (i) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
203	203	7.8 (A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
204	204	7.9 (B) did not cause the death of a human being; and
205	205	7.10 (C) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
206	206	7.11another with the intent to cause the death of a human being; or
207	207	7.12 (ii) was charged with a violation of section 609.19, subdivision 2, and:
208	208	7.13 (A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
209	209	7.14 (B) did not cause the death of a human being; and
210	210	7.15 (C) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph
211	211	7.16(c), in the underlying felony or did not act with extreme indifference to human life;
212	212	7.17 (8) whether the applicant's age or medical status indicates that it is in the best interest
213	213	7.18of society that the applicant receive clemency;
214	214	7.19 (9) the applicant's asserted need for clemency, including family needs and barriers to
215	215	7.20housing or employment created by the conviction;
216	216	7.21 (10) for an applicant under the department's custody, the adequacy of the applicant's
217	217	7.22reentry plan;
218	218	7.23 (11) the amount of time already served by the applicant and the availability of other
219	219	7.24forms of judicial or administrative relief;
220	220	7.25 (12) the extent to which there is credible evidence indicating that the applicant is or may
221	221	7.26be innocent of the crime for which they were convicted; and
222	222	7.27 (13) whether the applicant has been the victim of domestic abuse, sexual assault, or sex
223	223	7.28trafficking and, if so, the extent to which that experience was a contributing factor in the
224	224	7.29crime for which the applicant was convicted; and
225	225	7Sec. 5.
226	226	25-05128 as introduced03/21/25 REVISOR KLL/DG 8.1 (14) if provided by the applicant, the applicant's demographic information, including
227	227	8.2race, ethnicity, gender, disability status, and age.
228	228	8.3 (b) Unless an applicant knowingly omitted past criminal convictions on the application,
229	229	8.4the commission or the board must not prejudice an applicant for failing to identify past
230	230	8.5criminal convictions.
231	231	8.6 EFFECTIVE DATE.This section is effective August 1, 2025.
232	232	8.7 Sec. 6. Minnesota Statutes 2024, section 638.19, subdivision 1, is amended to read:
233	233	8.8 Subdivision 1.Time-barred from reapplying; exception.(a) After the board has
234	234	8.9considered and denied a clemency application on the merits, an applicant may not file a
235	235	8.10subsequent application for five years after the date of the most recent denial. This paragraph
236	236	8.11applies if an application is denied according to section 638.17, subdivision 1, paragraph
237	237	8.12(b).
238	238	8.13 (b) An individual may request permission to reapply before the five-year period expires
239	239	8.14based only on new and substantial information that was not and could not have been
240	240	8.15previously considered by the board or commission.
241	241	8.16 (c) If a waiver request contains new and substantial information, the commission must
242	242	8.17review the request and recommend to the board whether to waive the time restriction.
243	243	8.18Information related to a factor listed in section 638.15, subdivision 1, paragraph (a), that
244	244	8.19was added or amended after the date of the denial of a prior application constitutes new and
245	245	8.20substantial information. When considering a waiver request, the commission is exempt from
246	246	8.21the meeting requirements under section 638.14 and chapter 13D.
247	247	8.22 (d) The board must grant a waiver request unless the governor or a board majority
248	248	8.23opposes the waiver.
249	249	8.24 Sec. 7. SENTENCING GUIDELINES DIRECTED TO AMEND THE LIST OF
250	250	8.25MITIGATING FACTORS.
251	251	8.26 The Sentencing Guidelines Commission is directed to amend the nonexclusive list of
252	252	8.27mitigating factors that may be used as reasons for departure to include situations where the
253	253	8.28person has been the victim of domestic abuse, sexual assault, or sex trafficking; that
254	254	8.29experience was a contributing factor in the offense the person committed; and departure is
255	255	8.30in the public interest as described in Minnesota Statutes, section 609.1057, subdivision 2.
256	256	8.31 EFFECTIVE DATE.This section is effective August 1, 2025.
257	257	8Sec. 7.
258	258	25-05128 as introduced03/21/25 REVISOR KLL/DG