Sentencing Guidelines Commission presenter urges steps to avoid unintended departures in Minnesota sentences

Summary

A presenter for the Sentencing Guidelines Commission warned that documentation errors, unverified out‑of‑state priors and missed modifiers often cause unintended sentencing departures and recommended using criminal history summaries and reviewed worksheets to reduce reversals and mis‑sentencing.

A presenter speaking for the Sentencing Guidelines Commission told attendees that departures are frequent in Minnesota sentencing and urged practitioners to take steps to avoid unintended departures, which can lead to resentencing or reversal. "Roughly, roughly, 1 out of every 4 sentences imposed is imposed under a departure," the presenter said, adding that while departures keep the system moving, many appear to be unintended.

The presenter said practitioners should use the sentencing guidelines that were in effect when the current offense occurred to determine severity level, any applicable modifiers and mandatory minimums. She described the guideline grids used to calculate presumptive sentences — noting the ‘‘middle of the box’’ example of a 60‑month presumptive sentence for a severity level 7…

Sentencing Guidelines Commission presenter urges steps to avoid unintended departures in Minnesota sentences

Summary

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