Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
Sentencing Guidelines Commission adopts multiple guideline amendments and director-proposed language for fentanyl and jail-assault provisions
Loading...
Summary
The Sentencing Guidelines Commission voted unanimously to finalize several technical and substantive amendments to the state sentencing guidelines, and separately adopted director-proposed alternative language addressing child exposure to fentanyl and a new consecutive-sentencing requirement for assaults on jail deputies.
The Sentencing Guidelines Commission voted on July 24 to finalize a package of amendments to the state sentencing guidelines and to adopt alternative language proposed in written public comment on two specific items: new child-exposure-to-fentanyl language and a consecutive-sentencing rule for assaults on jail staff.
Nate Wright, the commission's lead staff director, told members the public hearing for the proposed changes had been published in the State Register (Volume 49, Number 51) on June 16, 2025; the hearing was held July 17, and the written comment period closed July 23. Wright said the commission received one oral testimony (an MSGC staff member) and one written comment, and that the hearing record was posted on the commission website. "The commission appears to have substantially complied with all public notice and hearing requirements to permit it to take final action on the proposed modifications today," Wright said.
Why it matters: The amendments will change how certain offenses are listed or scored under the state guidelines and will affect when new guideline language becomes effective. Staff told the commission the changes approved at the meeting will generally take effect August 1, 2025, with one specified change set to take effect January 1, 2026. That publication date will trigger the release of the commission's annual edition of the guidelines.
What the commission approved: Chair Kelly Mitchell called for a split voting approach so members could first approve items that drew no public comment and then vote on the two items that did. Using the numbering in the June 16 notice of public hearing, the commission first approved modifications in: part A1 (relating to two new crimes codified in 2025), part B3 (codified minimum sentences related to trafficking), part B4 (renaming related child offenses to "child sexual abuse material"), and two technical corrections in part C. The commission then voted on two items that had public comments: part B1 (new offense language for exposing a child to fentanyl) and part B2 (consequence language for a new consecutive-sentence requirement for assaulting a sheriff or deputy in jail, implementing Minnesota Statute 609.2232, new paragraph b).
Votes at a glance - Agenda approval (motion to approve meeting agenda): moved by Commissioner Michelle Larkin; seconded by Commissioner Catherine Middlebrook. Vote: 9 yes, 0 no — motion approved. - Approval of June 5, 2025 meeting minutes (motion to approve): moved by Commissioner Middlebrook; seconded by Commissioner Larkin. Vote: 10 yes, 0 no, 1 abstention (Commissioner Lenny Castro abstained because he was not present at the earlier meeting) — motion approved. - Final approval of modifications in parts A, B3, B4 and C of the commission's 06/16/2025 notice of public hearing (motion to approve): moved by Commissioner Michelle Larkin; seconded by Commissioner Richard Frase. Vote: 11 yes, 0 no — motion approved. - Adoption of director Wright's alternative language for part B1 (child exposure to fentanyl), as submitted in written public comment (motion to adopt alternative language): moved by Commissioner Catherine Middlebrook; seconded by Commissioner Marlon Mazaros. Vote: 11 yes, 0 no — motion approved. - Adoption of director Wright's alternative language for part B2 (consecutive sentence requirement for assaulting a jail deputy, implementing Minn. Stat. 609.2232, new para. b) (motion to adopt alternative language): moved by Commissioner Michelle Larkin; seconded by Commissioner Moore. Vote: 11 yes, 0 no — motion approved.
Members who voted in favor of the final modifications and both alternative-language motions included Commissioners Larkin, Castro (Judge Lenny Castro), Frase (Richard Frase), Keefe, Ladd, Mazaros, Middlebrook (Catherine Middlebrook), Moore, Morin (Tim Morin), Mueller (Brian Mueller) and Chair Kelly Mitchell. Reeves and Saxena were absent for the votes reported in the transcript.
What members said: Chair Kelly Mitchell thanked staff for preparing the public hearing materials and for working through complex statutory language. Wright told the commission he "wished I had caught it the first go around" in reference to the items for which he submitted alternative language, and members thanked him for preparing the revisions.
Implementation details and timeline: Staff said the majority of the changes approved at the meeting will take effect on August 1, 2025, when staff will publish the new annual edition of the sentencing guidelines. One change (part A1, related to two newly created 2025 crimes) has a specified effective date of January 1, 2026. Wright also said the public hearing record had been posted in full and that the record included transcripts, video and copies of the single written comment.
Ending note: The commission closed the votes on the package unanimously on measures that advanced to final approval and directed staff to publish the updated guidelines on the stated effective dates.
