SF4027

Purpose

This bill aims to strengthen penalties for certain violent offenses involving a firearm. It would introduce an aggravated durational departure, require some sentences to run consecutively with other sentences, and mandate that some offenders serve the entire announced prison term. It also tightens eligibility rules for earned release credits.

Main Provisions

• Aggravated durational departure: For certain violent offenders who use a firearm, the sentencing court would impose a longer sentence than standard guidelines would suggest.
• Consecutive sentencing: Some sentences would be required to be served one after another (consecutive) rather than at the same time (concurrent).
• Full service of the announced sentence: Some offenders would be required to serve the entire sentence that is announced, with limited or no early release.
• Statutory amendments: The bill would amend Minnesota Statutes 2024 sections 244.45 and 609.1095 subdivisions 2–4 by adding a subdivision.
• Ineligibility for earned incentive release credit (244.45): The bill specifies who cannot receive earned incentive release credits. Specifically:
  • Those serving life sentences
  • Those sentenced under section 609.1095
  • Those given indeterminate sentences for crimes committed on or before April 30, 1980
  • Those subject to good time under section 244.04 or similar laws

Changes to Existing Law

• Alters eligibility for earned incentive release credits by listing new ineligible categories (life sentences, certain 609.1095 sentences, older indeterminate sentences, and certain good-time provisions).
• Modifies how sentences can be structured (aggravated departures and mandatory consecutivity) and how much credit can be earned before release.

Significant Impacts

• Potentially longer time in prison for certain violent offenders who use firearms.
• Fewer opportunities for early release credits for people in the specified ineligible groups.
• Clearer requirements that certain sentences run consecutively and that offenders serve the full announced term.

Relevant Terms aggravated durational departure firearm violent offenders consecutive sentences entire announced sentence prison earned incentive release credit ineligible for earned incentive release credit life sentences section 609.1095 indeterminate sentences crimes committed on or before April 30, 1980 good time section 244.04 Minnesota Statutes 2024 subdivision new subdivision