There are two situations when the typical presumptive sentence (based on severity level and criminal history) may be overridden:
When a mandatory minimum exceeds the grid duration, the mandatory minimum sentence will be the presumptive duration. The disposition is always commitment. For presumptive sentences per the Guidelines, the duration is found in the appropriate cell of the applicable grid but the disposition is commitment.
Mandatory life imprisonment sentences for first-degree murder and for sex offenses subject to Minn. Stat. § 609.3455 subd. 2 are not governed by the Guidelines.
Several offenses carry a mandatory minimum sentence if the conviction is considered a subsequent (or repeat) offense. Often times, the Guidelines have taken these mandatory minimums into account, and the Grid time exceeds the duration of the mandatory minimum sentence. However, several of the following offenses have mandatory sentences that may exceed the Grid time. The presumptive sentence is always the longer of the two durations. The disposition for each of the following subsequent offenses is commitment, regardless of the offender's criminal history score.
First-degree burglary of an occupied dwelling under Minn. Stat. § 609.582 subd. 1(a) is ranked at Severity Level 6. At this severity level, the Grid indicates a presumptive stayed sentence until a criminal history score of 3. However, if the current offense is a first-degree burglary of an occupied dwelling and there was a prior conviction for a felony-level burglary before the current offense occurred, the presumptive sentence is commitment for the Grid time, even if the criminal history score is 0, 1, or 2. Minn. Sentencing Guidelines § 2.C.3.b.
Third-degree drug offenses are ranked at a Severity Level 6. At Severity Level 6, the Grid indicates a presumptive stayed sentence until a criminal history score of 3.
Mandatory Minimum: If the current offense is a third-degree drug offense and is charged under Minn. Stat. § 152.023 subd. 3(b) as a "subsequent controlled substance conviction" as defined in Minn. Stat. § 152.01 subd. 16a, the presumptive disposition is commitment, and the presumptive duration is the mandatory minimum of 24 months or the duration indicated on the Grid, whichever is longer. Minn. Sentencing Guidelines § 2.C.3.c. If an offender has a criminal history score of 0, the mandatory minimum duration will exceed the Grid time as shown below.
Presumptive Commitment: If the current offense is a third-degree offense and is a “subsequent controlled substance conviction” but is not charged as such, the presumptive disposition will still be commitment, but the duration will be that shown on the Grid.
Failure to register as a predatory offender under Minn. Stat. § 243.166 subd. 5(a) is a Severity Level H offense on the Sex Offender Grid. The disposition at every criminal history score is commitment. However, Minn. Stat. § 243.166, subd. 5(c) imposes a mandatory minimum sentence of at least two years if the person has previously been convicted or adjudicated delinquent of a failure to register offense. The mandatory minimum exceeds the Grid time as Criminal History Scores 0-3.
The presumptive sentence for a felony DWI offense may be determined by both a statutory mandatory minimum and a presumptive commitment disposition governed by Sentencing Guidelines Commission policy.
Except when a life sentence applies, if the current conviction offense is criminal sexual conduct in the first- through fourth-degree or criminal sexual predatory conduct under Minn. Stat. § 609.3453 within 15 years of a previous sex offense conviction, under Minn. Stat. § 609.3455 subd. 10, the presumptive disposition is commitment. The presumptive duration is at least 36 months, or the fixed duration indicated in the appropriate cell on the Grid, whichever is longer.
In order for an offense to have the mandatory minimum per Minn. Stat. § 609.11 applied it must be either
See our Weapon Offense Flow Chart to learn more about determining is a weapon should be cited on an EWS worksheet.
The durations of weapon offense mandatory minimums can be found in the Dangerous Weapon Offense Reference Table above.
Assault against a Peace Officer under Minn. Stat. § 609.221 subd. 2 carries a 10-year mandatory minimum. All convictions under this statute have a presumptive sentence of 120 months or the grid time, whichever is greater. Because this is a Severity Level 9 offense, the Grid exceeds the mandatory minimum at a criminal history of 2. Note that the 120-month mandatory minimum also applies to attempts.
If an offender is confined serving an executed prison sentence at the time of an assault or escape, the presumptive disposition is always commitment. Assault against personnel at a secure treatment facility while committed for treatment will also always have a presumptive disposition of commitment.
The duration of the sentence will be found in the appropriate cell of the applicable grid. These offenses qualify for presumptive consecutive sentencing.