SF3871

Purpose

This bill aims to strengthen and protect crime victims' rights in Minnesota’s criminal justice process. It expands victim notification, protects victim identity in certain records (especially for minor victims), extends protections for stalking victims against employer retaliation, clarifies how pleas and sentencing are handled, and broadens how victims can participate in sentencing and post-judgment matters. It also creates requirements around notices and model language to inform victims of their rights.

Main Provisions and What They Do

• Sec. 1 — Petition for sentence adjustment

  • Prosecution may file a petition for sentence adjustment in the district court where the person was convicted.
  • Must include detailed information about the offender and offense, including:
  • the offender’s full name and aliases, date of birth, and address
  • a brief reason for seeking the sentence adjustment
  • details of the offense, including date and jurisdiction
  • whether there are identifiable victims, any protective orders, and the court file number
  • steps the offender has taken toward rehabilitation
  • the offender’s criminal history (convictions and charges, past and pending)
  • past requests for pardon, expungement, sealing, or similar relief
  • The filing fee for a petition is waived.
  • Supervising agents may share private/confidential data with the prosecutor for purposes of the petition.
  • This section broadens data access to prosecutors and requires careful documentation of victims and related factors.

• Sec. 2 — Victim identity confidentiality

  • Data in records related to petitions and related actions that would identify a minor victim are not accessible to the public, except by court order.
  • Other data in the records remains accessible as allowed.

• Sec. 3 — Plea agreements and victim notification

  • Before the factual basis for a plea is entered, prosecutors must reasonably inform the victim about:
  • contents of the plea agreement and recommended sentencing
  • the victim’s right to be present at sentencing and at the plea hearing, and to object
  • If the victim objects and communicates those objections to the prosecutor, the prosecutor must relay them to the court.
  • The plea agreement may include whether the offense is eligible for automatic expungement under section 609A.015.

• Sec. 4 — Plea hearing notification

  • At the plea hearing, the court must ask the prosecutor whether the victim has been notified of the plea agreement and whether the victim wishes to express objections.

• Sec. 5 — Definition of “violent crime” (for purposes of these statutes)

  • Adds a broad, detailed definition of violent crime, listing many offenses such as murder, manslaughter, assault, kidnapping, robbery, weapons offenses, human trafficking, various forms of criminal sexual conduct, arson in certain circumstances, domestic violence offenses, and more.
  • The list explicitly includes offenses involving harm to a person, threats, trafficking, and other serious crimes, and even certain offenses involving unborn children and drug-related harm.

• Sec. 6 — Victim impact statements and community impact statements

  • Victims have the right to submit an impact statement to the court at sentencing or disposition, either orally or in writing, and the prosecutor or their designee may present it orally.
  • The court must ask whether the victim has been notified and wishes to submit an impact statement.
  • Community members affected by the crime may submit a community impact statement describing adverse effects on residents and businesses.
  • If the defendant or supporters speak, the court must limit responses to sentencing-relevant facts.
  • This section does not extend the defendant’s right to address the court beyond existing rights.
  • The Office of Justice Programs will develop and update a model notice for postconviction rights.

• Sec. 7 — Postconviction notice to victims and model notices

  • Within 15 working days after conviction, acquittal, or dismissal with an identifiable crime victim, prosecutors must try to notify the victim of the final disposition and the victim’s rights and expungement eligibility.
  • When the court considers modifying a sentence for a felony or violence-related offense, prosecutors must notify the victim of the review and provide contact information and an opportunity for input.
  • The Office of Justice Programs will develop and update a model notice of postconviction rights and related definitions include the meaning of “crime of violence” and “victim.”

Significant Changes to Existing Law

• Expanded victim rights: Increased requirements for notifying victims about plea agreements, plea hearings, and sentencing hearings; added avenues for victims to object to plea terms.
• Enhanced victim confidentiality: Stronger protections for the identity of minor victims in public records related to certain cases.
• Expanded expungement awareness: Automatic expungement eligibility is explicitly connected to plea agreements, with notification and clarity for victims.
• Broader definition of violence: A comprehensive, enumerated list of offenses qualifies as “violent crime” for purposes of related procedures and protections.
• New rights to participate: Victims can submit impact statements at sentencing; community impact statements are permitted; victims are given a clearer path to have input on sentencing and postconviction decisions.
• Notice and model language: Creation of model notices by the Office of Justice Programs to standardize victim communications about postconviction rights and processes.
• Protections against stalking: The bill references extending protections against employer retaliation for stalking victims (not elaborated in detail in the sections summarized here but noted in the bill’s purpose).

Why This Matters

• Aims to improve transparency and involvement for crime victims in the justice system.
• Seeks to prevent re-traumatization by shielding minor victims’ identities in public records.
• Provides clearer, more timely information to victims about plea deals, sentencing, and postconviction options.
• Recognizes the impact of crimes on communities and allows community voices to be part of the sentencing process.

Relevant Terms - victim rights - petition for sentence adjustment - victim identity confidentiality - automatic expungement - plea agreement - plea hearing - victim notification - victim impact statement - community impact statement - notice of postconviction rights - crime victim - order for protection / restraining order - stalking - employer retaliation - records confidentiality - rehabilitation - violent crime - data sharing with prosecutor - minor victim