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HF392 (Legislative Session 94 (2025-2026))

Legislative approval of proposed changes to the Sentencing Guidelines required.

Related bill: SF1371

AI Generated Summary

Purpose

  • To require legislative approval for certain changes to Minnesota’s Sentencing Guidelines and to increase oversight of how those guidelines are modified.

Main Provisions

  • The bill amends Minnesota Statutes 2024 section 244.09, subdivision 11 (Modification) to govern how the Sentencing Guidelines can be changed.
  • The Sentencing Guidelines Commission must meet to modify or improve the guidelines.
  • Any modification that:
    • amends the Sentencing Guidelines grid (including severity levels and criminal history scores), or
    • would reduce any sentence or cause the early release of an inmate must be submitted to the Legislature by January 15 of the year the commission intends to make the change.
    • such modifications can take effect on August 1 of that year unless the Legislature by law provides otherwise.
  • Modifications that are mandated or authorized by the Legislature, or relate to a crime created or amended by the Legislature in the preceding session, are exempt from this submission requirement.
  • All other modifications follow the commission’s procedural rules for timing and effect.
  • The Commission must file an annual written report by January 15 with the Senate and House committees that oversee criminal justice policy. The report describes the Commission’s activities from the previous year and explains all modifications made in the last 12 months, plus all proposed modifications being submitted to the Legislature in that year.

What This Means for Change to the Law

  • In general, changes to how sentences are determined (the guideline grid, including how harshly or leniently crimes are treated, and how criminal history is scored) will need formal approval from the Legislature before they can become final.
  • Changes mandated by the Legislature or tied to crimes created or amended in the most recent session can bypass this extra approval step.
  • The default timeframe for new guideline changes to take effect is August 1, unless the Legislature sets a different date.

Process and Timeline

  • Modifications that affect sentencing or could reduce sentences must be submitted to the Legislature by January 15.
  • Those changes become effective on August 1 unless the Legislature sets another date.
  • The Commission must report to the Legislature annually by January 15, detailing past activities, past modifications, and proposed changes for the current year.

Reporting Requirements

  • Each year, the Commission submits a written report to the Senate and House committees with jurisdiction over criminal justice policy.
  • The report covers:
    • activities from the previous year,
    • all modifications made in the last 12 months,
    • all proposed modifications being submitted to the Legislature in the current year.

Significance

  • Increase in legislative oversight for important sentencing decisions.
  • Adds formal deadlines and a clear process for proposing and implementing guideline changes.
  • Establishes a consistent annual reporting requirement to lawmakers.

Relevant Terms - Sentencing Guidelines - Sentencing Guidelines Commission (the “Commission”) - Modification - Sentencing Guidelines grid - Severity levels - Criminal history scores - Inmate - Early release - Minnesota Statutes 2024 section 244.09 subdivision 11 - Legislature / legislative approval - January 15 - August 1 - Committees with jurisdiction over criminal justice policy - Annual report

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 13, 2025HouseActionIntroduction and first reading, referred toPublic Safety Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "Requires that modifications to the Sentencing Guidelines grid, including severity levels and criminal history scores, or modifications that would reduce any sentence or result in early release, be submitted to the Legislature.",
        "Specifies a deadline for submitting proposed modifications: January 15 of the year the Commission wishes to implement the change.",
        "Provides that modifications shall be effective on August 1 of the year, unless the Legislature provides otherwise.",
        "Requires the Commission to submit an annual written report to the Senate and House committees with jurisdiction over criminal justice policy describing activities and all modifications from the previous year, and all proposed modifications submitted to the Legislature that year."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 244.09, subdivision 11, to require legislative approval for certain Sentencing Guidelines modifications and to establish reporting requirements.",
      "modified": [
        "Amends the mechanism for modifications to the Sentencing Guidelines to require legislative oversight, with exceptions for modifications mandated or authorized by the Legislature or relating to a crime created or amended by the Legislature in the preceding session.",
        "Shifts timing and procedural requirements around when modifications may take effect and are submitted."
      ]
    },
    "citation": "244.09",
    "subdivision": "subdivision 11"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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