Minnesota Sentencing Guidelines and Commentary

Chapter 1
[1] Purpose; Applicability; and Definitions

1.10 [1.A] Statement of Purpose and Principles.

Subdivision 1. Purpose. The purpose of the Sentencing Guidelines is to establish rational and consistent sentencing standards that promote public safety, reduce sentencing disparity, and ensure that the sanctions imposed for felony convictions are proportional to the severity of the conviction offense and the criminal history of the person being sentenced.

Subd. 2. Principles. (a) The Sentencing Guidelines shall embody the following principles: in this subdivision describe the ideals embodied in the Sentencing Guidelines.

(b) In establishing and modifying the Sentencing Guidelines, public safety is the Commission’s primary consideration shall be public safety, including . Public safety includes consideration of the long-term negative impact of the crime on the community. Minn. Stat. § 244.09, subd. 5. Public safety is furthered by Sentences that work to reduce future crimes and victimizations through means such as rehabilitation, deterrence, incapacitation, and effective community supervision further public safety. In some cases, it public safety is furthered by reasonable caution in the choice of sanctions that could hinder reintegration into the law-abiding community.

(c) Sentencing should be neutral with respect to the race, gender, social, or economic status of those convicted of felonies.

(d) The severity of the sanction should increase in direct proportion to an increase in offense severity or , criminal history, or both. This promotes a rational and consistent sentencing policy. Proportionate sentence severity is measured against the blameworthiness of the person being sentenced and the harms done, or risked, to victims and the community in the current offense.

(e) The weight given to the criminal history score advances the Guidelines’ goals of public safety and proportionality. The score reflects policy judgments that prior convictions are an important indicator of a person’s risk of recidivism, and that they may add to the blameworthiness of the commission of the current offense. The criminal history score is not meant to impose cumulative penalties for prior offenses that have previously been punished.

(f) Commitment to the Commissioner of Corrections is the most severe sanction that can be imposed for a felony conviction, but it is not the only significant sanction available to the court.

(g) Because state and local correctional facility capacity is finite, confinement should be imposed only for those convicted of more serious offenses or who have longer criminal histories. To ensure such usage of finite resources, sanctions used in sentencing those convicted of felonies should be the least restrictive necessary to achieve the purposes of the sentence.

(h) Although the Sentencing Guidelines are advisory to the court, the presumptive sentences are deemed appropriate for the felonies covered by them. [1.B.13] Presumptive Sentence. “Presumptive sentences” are those sentences provided on the Sentencing Guidelines. They are presumptive because they are presumed to be appropriate for all typical cases sharing criminal history and offense severity characteristics. [1.A.7] Therefore, departures from the presumptive sentences established in the Sentencing Guidelines should may be made only when the court can identify and articulate substantial and compelling circumstances can be identified and articulated that justify a departure.

History: 2026 Minn. Sentencing Guidelines & Commentary 1.A & 1.B.13; restructured 2027.

1.20 Applicability.

Subdivision 1. [2] Applicability in general. (a) The presumptive sentence for any offender convicted of a felony Sentencing Guidelines apply to all adult sentences for convictions of felonies committed on or after May 1, 1980.

(b) , is determined by The Sentencing Guidelines in effect on the date of the conviction offense took place (see guideline 1.30) determine the presumptive sentence, except that:

(1) if multiple offenses are an element of the conviction offense, the date of the conviction offense must be determined by the factfinder.; and

(2) if offenses have been aggregated under one of the following statutes, or as otherwise permitted by statute, the date of the earliest offense should must be used as the date of the conviction offense:.

Subd. 2. [3.D] Applicability to juveniles. The Sentencing Guidelines apply when determining:

(1) whether a juvenile may be certified as an adult pursuant to Minn. Stat. § 260B.125, subds. 3(2) and 4(1) and (2);

(2) the appropriate presumptive sentence for a juvenile certified as an adult under Minn. Stat. § 260B.125; or

(3) whether the proceeding may be designated as an extended jurisdiction juvenile (EJJ) prosecution pursuant to Minn. Stat. § 260B.130, subd. 1(2); or

(4) the presumptive duration of the stayed adult sentence pronounced as part of the an EJJ disposition imposed for a juvenile convicted as an extended jurisdiction juvenile under Minn. Stat. § 260B.130, subd. 4(a)(2).

Subd. 3. [2.E.4] Mandatory Life sentences. (a) The Sentencing Guidelines do not apply to a mandatory life imprisonment sentences for first-degree murder and for sex offenses subject to sentence under Minn. Stat. § 609.3455, subdivision 2, are not governed by the Guidelines 609.106, 609.185, or 609.2661.

(b) Regarding a mandatory life sentence under Minn. Stat. § 609.3455, the Sentencing Guidelines:

(1) do not apply to a sentence of life without the possibility of release imposed under subd. 2; and

(2) apply to a life sentence imposed under subd. 3 or 4 only to the extent described in guideline 2.63, subd. 4.

(c) Regarding Minn. Stat. § 609.385 (treason), see guideline 7.40 (unranked offenses).

History: 2026 Minn. Sentencing Guidelines & Commentary 2, 2.E.4, & 3.D; restructured 2027.

1.30 [3.G] Modifications Effective Date of Policy Changes.

Subdivision 1. Policy modifications; effective date. (a) Except as provided in paragraph (b), modifications to sections 1 through 8 chapters 1 to 7 of the Minnesota Sentencing Guidelines, and associated commentary and appendices, apply to offenders whose offenses with a date of offense is on or after the specified modification effective date.

(b) Pursuant to the amelioration doctrine, Sentencing Guidelines modifications that mitigate punishment apply to all cases whose conviction was not final as of the specified modification effective date, unless the legislature has made a clear statement of its intent to abrogate the doctrine.

(c) Pursuant to court rules and appellate decisions, a conviction becomes final when the district court has entered judgment of conviction and has imposed or stayed a sentence and every avenue of appellate review, whether by direct appeal or by petition for discretionary review by the Supreme Court of Minnesota or the Supreme Court of the United States, has either not been pursued in time or has been exhausted.

Subd. 2. Clarifications of Existing Policy. Modifications Commentary and appendices; effective date. Changes and clarifications to commentary and appendices relating to existing Guidelines policy apply to offenders those sentenced on or after the specified effective date.

History: 2026 Minn. Sentencing Guidelines & Commentary 3.G; restructured 2027.

1.40 Construction.

(a) Commentary and appendices are advisory and not binding on the courts.

(b) The following are mere catchwords to indicate the contents of the matter that follows, and are not part of the Guidelines:

(1) headnotes printed in boldface type before chapters, subchapters, guidelines, subdivisions, paragraphs, and clauses; and

(2) example offenses printed in italics before the severity levels on the sentencing grids.

History: Adopted 2027.

1.50 [1.B] Definitions.

Subdivision 1. Applicability. As used in these Sentencing Guidelines (or “Guidelines”), the following terms have the meanings given.

Subd. 2. Applicable grid. “Applicable grid” means, for an offense listed in guideline 7.10, 7.20, or 7.30, the standard grid, the sex offense grid, or the drug offense grid, respectively. For an unranked offense, the applicable grid is the grid containing the severity level assigned by the court under guideline 2.20, subd. 3. When an offense includes a sentence modifier, such as attempt or conspiracy, the applicable grid is the grid applicable to the underlying offense, except that, for an attempt or conspiracy to commit first-degree murder, the applicable grid is found in guideline 2.43.

Subd. 3. Commission. “Commission,” when capitalized but not the first word of a sentence, means the Minnesota Sentencing Guidelines Commission.

Subd. 4. Commitment. “Commitment” occurs when the offender is sentenced is the act of sentencing someone to the custody of the Commissioner of Corrections.

Subd. 5. Concurrent sentence. When the court orders sentences to be “Concurrent,” the court is ordering sentence” means that multiple sentences must be served at the same time.

Subd. 6. Consecutive sentence. When the court orders sentences to be “Consecutive,” the court is ordering sentence” means that multiple sentences must be served one after the other in the manner described in section 2.F guidelines 2.70 to 2.75.

Subd. 7. Conviction. “Conviction” has the meaning given in Minn. Stat. § 609.02, subd. 5.

Subd. 8. Criminal history score. The “Criminal history score” is comprised of means the total number of points assigned to a person based on the criminal history factors detailed in section 2.B guidelines 2.30 to 2.36. The horizontal axis on the applicable grid represents the offender’s criminal history score.

Subd. 9. Current offense; current conviction offense. “Current offense” or “current conviction offense” means the Minnesota felony offense for which a person is, for the first time after conviction, receiving a stayed or imposed sentence, and to which the Guidelines are being applied.

Subd. 10. Departure. A “Departure” is means a pronounced sentence other than that the presumptive sentence recommended in the appropriate cell on the applicable Grid, including a stayed or imposed gross misdemeanor or misdemeanor sentence chapter 2. A departure may take the form of a dispositional departure, a durational departure, or a departure from a policy in guidelines 2.70 to 2.75 (concurrent and consecutive sentences). One sentence may include any combination of these departures.

Subd. 11. [1.B.6] Departure report. A “Departure report” is a means the form referred to in Minn. R. Crim. P. 27.03, subd. 4(C), which must, when the court pronounces a sentence that is a departure, be completed by the sentencing court when the court pronounces a sentence that is a departure from the presumptive sentence. Under Minn. R. Crim. P. 27.03, subd. 4(c) , the form must be completed and submitted to the Sentencing Guidelines Commission within 15 days after sentencing.

Subd. 12. [1.B.5.a] Dispositional departure. A “Dispositional departure” occurs when the court orders means a disposition other than that ordered by the court that is different from the disposition recommended in the Guidelines chapter 2. A dispositional departure includes:

(1) Aggravated Dispositional Departure. an “aggravated dispositional departure”, which occurs when the Guidelines recommend chapter 2 recommends a stayed sentence but the court pronounces a an executed prison sentence.; and

(2) Mitigated Dispositional Departure. a “mitigated dispositional departure”, which occurs when the Guidelines recommend chapter 2 recommends a an executed prison sentence but the court stays the sentence.

Subd. 13. Durational departure. A “Durational departure” occurs when means a sentence ordered by the court orders a sentence with a prison duration other than the presumptive fixed duration or range in the appropriate cell on the applicable Grid that is not within the presumptive duration recommended in chapter 2. A durational departure includes:

(1) Aggravated Durational Departure. an “aggravated durational departure”, which occurs when the court pronounces a prison duration that is more than 20 percent higher than the fixed duration displayed in the appropriate cell on the applicable Grid. is longer than the presumptive duration; and

(2) Mitigated Durational Departure. a “mitigated durational departure”, which occurs when the court pronounces a prison sentence that is more than 15 percent lower than the fixed shorter than the presumptive duration displayed in the appropriate cell on the applicable Grid , including a stayed or imposed misdemeanor or gross misdemeanor sentence.

Subd. 14. [Reserved.]

Subd. 15. [1.B.7] Executed sentence. An “Executed sentence” is means the total period of time for which an inmate is committed a court commits a person to the custody of the Commissioner of Corrections (sent i.e., sends the person to prison). Under Minn. Stat. § 244.101, the for those committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, an executed sentence consists of the following two parts: a minimum term of imprisonment and a maximum period of supervised release.

(1) Term of Imprisonment. For offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, the “ a minimum term of imprisonment” (incarceration) is equal to two-thirds of the executed sentence.; and

(2) Supervised Release Term. For offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, the “ a maximum supervised release term” is a period of mandatory community supervision, which is served following the end of the term of imprisonment, and is equal to one-third of the executed sentence less any applicable disciplinary confinement period. A supervised release term is a period of mandatory community supervision served immediately following the end of the term of imprisonment.

Subd. 16. Extended jurisdiction juvenile (EJJ). An “Extended jurisdiction juvenile” is means a child who, under the procedures in Minn. Stat. § 260B.130, has been given a stayed adult sentence and a juvenile disposition, and for whom jurisdiction of the juvenile court may continue until the child’s twenty-first 21st birthday.

Subd. 17. Factfinder; finder of fact. The “Factfinder” or “finder of fact” means the person or body who determines the facts in the case, and . The factfinder or finder of fact may be either the court or the jury.

[1.B.10] Hernandize. “Hernandize” (or “Hernandizing”) is the unofficial term for the process described in section 2.B.1.e of counting criminal history when multiple offenses are sentenced on the same day before the same court.

Subd. 18. Guidelines. “Guidelines,” when capitalized but not the first word of a sentence, means these Minnesota Sentencing Guidelines.

Subd. 19. Local confinement. “Local confinement” is means a term of incarceration of up to one year required to be served in a local facility, and may be pronounced by the court . Under Minn. Stat. § 609.135, subd. 4, a court may order up to one year of local confinement as a condition of probation.

Subd. 20. Mandatory minimum. The “Mandatory minimum” is a minimum executed sentence duration means the shortest length of imprisonment specified in statute for offenders that the court must impose on a person convicted of certain a specified felony offenses offense.

Subd. 21. Non-Minnesota. “Non-Minnesota” means not governed by the law of the State of Minnesota as applied by a court established or authorized under the Minnesota Constitution, article VI. The term includes, without limitation, the application of Minnesota law by a tribal court, a court-martial, or a court of the United States.

Subd. 22. Presumptive sentence. (a) “Presumptive sentences sentence” are those sentences means the sentence provided on the Sentencing Guidelines and recommended by chapter 2. They are presumptive because they are presumed to be appropriate for all typical cases sharing criminal history and offense severity characteristics. Some presumptive sentences include provisions regarding concurrent and consecutive sentencing (see guidelines 2.70 to 2.75), but every presumptive sentence includes the following:

(1) Presumptive Disposition. The “ a presumptive disposition”, which is the recommendation for either a presumptive commitment or a presumptively stayed sentence.; and

(1) Presumptive Commitment. A “presumptive commitment” is a recommended disposition of imprisonment for cases contained in cells outside of the shaded area on the Grids.

(2) Presumptive Stayed Sentence. A “presumptive stayed sentence” is a recommendation for a stayed sentence for cases contained in the cells within the shaded area on the Grids.

(2) Presumptive Duration. The “ a presumptive duration” is , which consists of the recommended presumptive fixed sentence length, in months found in the appropriate cell on the applicable Grid., and a presumptive range.

(b) Pursuant to Minn. Stat. § 244.09, subd. 5(2), the durations of the presumptive range extend from 15 percent shorter than the presumptive fixed sentence (the “lower range”) to 20 percent longer than the presumptive fixed sentence (the “upper range”). The presumptive duration must not exceed the statutory maximum, be shorter than any mandatory minimum that applies, or be shorter than 12 months.

c. Presumptive Range. The “presumptive range” is provided for each presumptive fixed duration. Pursuant to Minn. Stat. § 244.09, subd. 5(2), the range is 15 percent lower and 20 percent higher than the fixed duration displayed in each cell on the Grids.

d. Lower Range. The “lower range” is that portion of the presumptive range that is shorter than the fixed presumptive duration.

Subd. 23. Sentence modifier. A “Sentence modifier” is means a statute or Guidelines policy that aids in defining the punishment for the underlying offense. A sentence modifier can affect either or both the presumptive duration and or the presumptive disposition of the presumptive sentence , or both. See section 2.G guidelines 2.50 to 2.66 for policies relating to determining the presumptive sentence for offenses that include a sentence modifier.

Subd. 24. Sentencing Guidelines grids grid; grid. The “Sentencing Guidelines grids grid” (or “grids grid”) means any of the tables that display presumptive sentences for felony offenses according to the severity level of the offense (vertical axis) and offender’s criminal history score of the person being sentenced (horizontal axis). The grids include:

(1) [1.B.15.c] Standard Grid. the “standard grid”, guideline 3.10, which displays the presumptive sentences for felony offenses not on the Sex Offender Grid or Drug Offender Grid. listed in guideline 7.10;

(2) [1.B.15.a] Sex Offender Grid. the “sex Offender offense grid”, guideline 3.20, which displays the presumptive sentences for criminal sexual conduct, other sex offenses, and failure to register as a predatory offender, and related offenses as shown on the Sex Offender Grid. as listed in guideline 7.20;

(3) Drug Offender Grid. the “drug Offender offense grid”, guideline 3.30, which displays the presumptive sentences for controlled substance crime, failure to affix stamp, and related offenses, as shown on the Drug Offender Grid. listed in guideline 7.30; and

(4) a special one-row grid for attempt or conspiracy to commit first-degree murder, as provided in guideline 2.43.

[1.B.16] Sentencing Worksheet. The “Sentencing Worksheet” (or “Worksheet’) is a form completed by probation at the direction of the court under Minn. Stat. § 609.115, subd. 2a. The Worksheet reflects the severity of the current conviction offense, applicable history as calculated under Sentencing Guidelines policies, and the presumptive sentence as reflected in the appropriate cell of the applicable Grid. A separate Worksheet should be completed for all felony-level offenses receiving a stayed or imposed sentence, or a stay of imposition. This includes offenses that receive a life sentence and felony convictions for which the court imposes a gross misdemeanor or misdemeanor sentence.

Subd. 25. Severity level. (a) The “Severity level” is a means the ranking assigned the Commission assigns to each a felony offense by the Sentencing Guidelines Commission to indicate the its seriousness of the offense. The Commission assigns a ranking to each felony offense listed in guidelines 7.10 to 7.30 as follows:

(1) Felony offenses, other than sex and drug offenses, are arranged on the standard grid into eleven levels of severity, ranging from high (Severity Level 11) to low (Severity Level 1). are assigned severity levels 11 (high) to 1 (low) in guideline 7.10;

(2) Sex offenses are arranged on the sex Offender offense grid into nine severity levels, ranging from high (Severity Level A) to low (Severity Level I). are assigned severity levels A (high) to I (low) in guideline 7.20; and

(3) Drug offenses are arranged on the drug Offender offense grid into nine levels of severity, ranging from high (Severity Level D9) to low (Severity Level D1). Offenses listed within each severity level are deemed equally serious are assigned severity levels D9 (high) to D1 (low) in guideline 7.30.

(b) The vertical axis on the applicable grid represents the severity level of the conviction offense. The Commission deems offenses at the same severity level to be equally serious.

Subd. 26. Statutory maximum. The “Statutory maximum” is means the maximum sentence duration provided for the an offense in statute (e.g., “imprisonment for not more than 15 years”).

Subd. 27. Stayed sentence. “Stayed sentence” means a sentence for a felony conviction primarily served in the community rather than in the custody of the Commissioner of Corrections. A “stayed sentence” may be accomplished by either a stay of imposition or a stay of execution. There are two steps in sentencing: the imposition of a sentence and the execution of the sentence imposed. The imposition of sentence consists of pronouncing the sentence to be served in prison (for example, three years imprisonment). The execution of an imposed sentence consists of transferring the felon to the custody of the Commissioner of Corrections to serve the prison sentence. in either of the following ways:

(1) Stay of Imposition. A “stay of imposition” occurs when the court accepts and records a finding or plea of guilty, but, rather than does not impose (or pronounce) a prison sentence, the court stays imposition of the sentence. If the offender person successfully completes the stay, the case is discharged, and the conviction is deemed a misdemeanor under Minn. Stat. § 609.13, but is still and is included in criminal history under section 2.B guideline 2.32.

(2) Stay of Execution. A “stay of execution” occurs when the court accepts and records a finding or plea of guilty, and imposes (or pronounces) a prison sentence is pronounced, but is not executed , rather than execute the sentence and send the person to prison, the court stays execution of the imposed sentence. If the offender person successfully completes the stay, the case is discharged, but the offender person continues to have a record of a felony conviction, which is included in criminal history under section 2.B guideline 2.31.

History: 2026 Minn. Sentencing Guidelines & Commentary 1.B; restructured 2027.

Chapter 2
[2] Determining the Presumptive Sentences Sentence

2.10 Presumptive Sentence in General.

[2] The presumptive sentence is generally found in the cell of the appropriate grid located at the intersection of the criminal history score and the severity level. The Grids represent the two dimensions most important in sentencing decisions.

History: 2026 Minn. Sentencing Guidelines & Commentary 2; restructured 2027.

[2.A] Offense Severity

2.20 Determining Offense Severity.

Subdivision 1. [2.A.1] General rule. The applicable offense severity level is determined by the level assigned to the conviction offense, not the charging offense. The severity level for each felony offense is found in section 5.A, Offense Severity Reference Table guidelines 7.10 to 7.30 (severity levels by grid) and restated in guideline 7.50 (all offenses by statutory citation).

Subd. 2. [2.A.3] First-Degree Murder. A severity level has not been assigned to first-degree murder because by law Life sentences. Offenses for which the punishment by law is a mandatory life sentence, including first-degree murder, have not been assigned a severity level; see guidelines 1.20, subd. 3, and 2.43.

Subd. 3. [2.A.4] Unranked offenses. (a) Some The offenses listed in guideline 7.40 are designated as unranked offenses. If an offense is omitted from guidelines 7.10 to 7.30 and 7.50, the offense is considered unranked.

(b) When the court sentences sentencing an unranked offense, the court must assign an appropriate severity level for the offense and specify on the record why that particular level was assigned. The court may consider, but is not limited to, the following factors:

(1) the gravity of the specific conduct underlying the unranked offense;

(2) the severity level assigned to any ranked offense with elements that are similar to the elements of the unranked offense;

(3) the conduct of and severity level assigned to other offenders others sentenced for the same unranked offense; and

(4) the severity level assigned to other offenders others engaged in similar conduct.

If an offense is omitted from the Offense Severity Reference Table , the offense is considered unranked.

Subd. 4. [2.A.5] Attempts, conspiracies, and Other Sentence Modifiers similar statutes. When the (a) The severity level for a current offense that includes a sentence modifier, such as attempt or conspiracy, the severity level is found by determining is the severity level for of the underlying offense. Determining The presumptive sentence duration for these offenses is described in section 2.G must be adjusted pursuant to guidelines 2.62 to 2.65.

(b) [5.B] 609.2241 The severity level for knowing transfer of a communicable disease … See section 2.A.5 to determine the presumptive sentence under Minn. Stat. § 609.2241 is the severity level of the underlying offense.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.A.1, 2.A.3 to 5, & 5.B; restructured 2027.

2.25 Offense Severity for Theft Offenses.

Subdivision 1. Theft offenses with an assigned severity level. If guideline 7.10 assigns a specific severity level to the current offense, the specific severity level applies. Thus, for example, regardless of value:

(1) [Comment 2.A.05] For Theft of a Motor Vehicle to be ranked at Severity Level 4, the offender must be convicted under the general theft statute, Minn. Stat. § 609.52, subd. 2(a)(1), and the offense must involve theft of a motor vehicle. It is the Commission's intent that any conviction involving the permanent theft of a motor vehicle be ranked at Severity Level 4, regardless of the value of the motor vehicle. permanent theft of a motor vehicle is ranked at severity level 4 if the conviction is under the general theft statute, Minn. Stat. § 609.52, subd. 2(a)(1), and the offense involves theft of a motor vehicle; and

(2) motor vehicle use without consent is ranked at severity level 3 if the conviction is under Minn. Stat. § 609.52, subd. 2(a)(17).

Subd. 2. Theft offense list. For offenses listed in guideline 7.60 (theft offenses) that are not assigned a specific severity level in guideline 7.10, the severity level is either:

(1) severity level 2 when the monetary value is $5,000 or less; or

(2) severity level 3 when the monetary value exceeds $5,000.

Subd. 3. [2.A.2] Theft creating a risk of harm. If Minn. Stat. § 609.52, subd. 3a(a)(2), applies to a felony theft offense, the severity level ranking is elevated by one severity level from that listed on the Offense Severity Reference Table. established in subdivisions 1 and 2.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.A.2 & Comment 2.A.05; restruc­tured 2027.

Criminal History

2.30 [2.B] Criminal History Score.

The horizontal axis on divides the Sentencing Guidelines grids is the into columns based on possible criminal history score scores. An offender’s individual’s criminal history score is the sum of points from eligible:

(1) prior felonies; and

(2) prior misdemeanors and gross misdemeanors.

This section details the requirements for calculating the criminal history points in each of these areas. This section also details the requirements for calculating criminal history points for convictions from jurisdictions other than Minnesota and convictions for enhanced felonies.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.B; restructured 2027.

2.31 [2.B.1] Points from Prior Felonies.

Subdivision 1. [2.B.1] Assign a particular weight, as set forth in paragraphs a and b, to each extended jurisdiction juvenile (EJJ) conviction and Eligible prior felonies. (a) Except as provided in subdivision 2, each felony conviction, provided that is eligible for inclusion in the criminal history score if, before the current sentencing, a felony sentence was stayed or imposed before the current sentencing or a stay of imposition of sentence was given before the current sentencing for the conviction.

(b) For the purpose of this guideline, the imposition of an adult criminal sentence as part of the disposition of an extended jurisdiction juvenile (EJJ) prosecution is a felony conviction.

Subd. 2. Eligibility; exceptions and limitations. (a) The following exceptions and limitations apply to subdivision 1.

(b) [2.B.1.g] Prior Offenses with No conviction. Assign no weight to an An offense for which a judgment of guilty has not been entered before the current sentencing, such as a stay of adjudication or continuance for dismissal, is not a prior felony conviction for the purpose of this guideline.

(c) [2.B.1.h] Non-felony sentence. When a A prior felony conviction resulted in a non-felony where the imposed sentence was within the limits provided by law for a misdemeanor or gross misdemeanor sentence (misdemeanor or gross misdemeanor), the conviction must be counted in the criminal history score as a under Minn. Stat. § 609.13, subd. 1(1), is not a prior felony conviction for the purpose of this guideline, but is an eligible prior misdemeanor or gross misdemeanor conviction as indicated in section 2.B.3 under guideline 2.32, subd. 2.

(d) Discharged stay of imposition. If, before the current sentencing, a prior stay of imposition for a felony conviction is deemed to be a misdemeanor under Minn. Stat. § 609.13, subd. 1(2), due to discharge without a prison sentence, the prior stay of imposition is not a prior felony conviction for the purpose of this guideline, but is an eligible misdemeanor conviction under guideline 2.32, subd. 2.

(e) [2.B.1.c] Felony Decay Factor Decayed offenses. In computing the criminal history score, A prior felony sentence or stay of imposition following a felony conviction must not be used if all the following, to the extent applicable, occurred is not eligible for inclusion in the criminal history score if, before the date of the current offense, either of the following occurred:

(1) the prior felony sentence or stay of imposition expired or was discharged; without being executed and a period of ten years elapsed after the date of the initial sentence following the prior conviction; and or

(2) if the prior felony sentence was executed, and a period of ten years elapsed after the date of expiration of the sentence.

(f) Previous court appearances resulting in multiple sentences. Following are exceptions to including prior felonies in criminal history when When multiple felony sentences were imposed in a previous court appearance, the following limitations apply:

(1) Multiple sentences for a single course of conduct / Multiple Sentences. When If multiple sentences for a single course of conduct were imposed under Minn. Stats Stat. §§ 152.137, 609.585, or 609.251, include in criminal history only the weight from the offense at the highest severity level is eligible for inclusion in the criminal history score.

(2) Multiple victims in a single course of conduct / Multiple Victims. When If multiple offenses arising sentences arose from a single course of conduct involving multiple victims were sentenced, include in criminal history only the weights from the two offenses at the highest severity levels are eligible for inclusion in the criminal history score.

Subd. 3. Felony point values. (a) Each eligible prior felony conviction is assigned a felony point value as provided in paragraph (c) or (d), as applicable.

(b) [2.B.1] The A prior felony conviction’s point value is based on the prior felony’s severity level ranking in effect at the time the current offense was committed determines the weight assigned to the prior offense.[2.B.1.f] Prior Offense with Attempt, Conspiracy, or Other Sentence Modifier. When Guidelines 2.35 and 2.36 govern the treatment of changed and non-Minnesota offenses. The severity level of a prior offense felony that included a sentence modifier, such as attempt, or conspiracy, or other sentence modifier as described in section 2.G, is the severity level of the prior conviction must be given the same felony weight as a completed offense underlying offense.

(c) [2.B.1.a] Current offense on standard grid or drug Offender offense grid. If the current offense is not on the sex Offender offense grid, determine the weight felony point value assigned to each eligible prior felony sentence according to conviction is determined by its grid and severity level, as follows:

(d) [2.B.1.b] Current offense on sex Offender offense grid. if the current offense is on the sex Offender offense grid, determine the weight felony point value assigned to each eligible prior felony sentence according to conviction is determined by its grid and severity level, as follows:

Subd. 4. [2.B.1.e] Assigning Felony Weights – Current Multiple current sentences. Multiple offenses sentenced at the same time before the same court must be sentenced in the order in which they occurred. As each eligible felony offense is sentenced, include it is included in the criminal history on of the next offense to be sentenced (also known as “Hernandizing”) except as follows:

(1) Multiple sentences for a single course of conduct / Multiple Sentences. When multiple current convictions arise from a single course of conduct and the court is imposing multiple sentences are imposed on the same day under Minn. Stats Stat. §§ 152.137, 609.585, or 609.251, the conviction and sentence for the “earlier” offense sentenced earlier does not increase the criminal history score for the “later” offense sentenced later.

(2) Multiple victims in a single course of conduct / Multiple Victims. When multiple current convictions arise out of a single course of conduct in which there were multiple victims, weights are given only to the two offenses at the highest severity levels are included in the criminal history of the next offense to be sentenced.

Subd. 5. [2.B.1.i] Total Felony Points. Felony point total. The felony point total total number of felony points in the criminal history score is the sum of the felony weights point values of all eligible felony convictions. If the this sum of the weights results in a partial point, the point value total number of felony points must be rounded down to the nearest whole number.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.B.1; restructured 2027.

2.32 [2.B.3] Point from Prior Gross Misdemeanors and Misdemeanors.

Subdivision 1. Prior gross misdemeanor and misdemeanor convictions count as units comprising criminal history points. Four units equal one criminal history point; give no partial point for fewer than four units. Determine units as specified in this section. [2.B.3.f] Maximum Assignment of Points. An offender cannot receive more than one point for prior misdemeanor or gross misdemeanor convictions. Gross misdemeanor and misdemeanor point calculation. The existence of four or more eligible misdemeanor or gross misdemeanor convictions under the provisions of subdivision 2 contributes one point to the criminal history score. There is no partial point for fewer than four eligible convictions, and no more than one criminal history point may result from this guideline.

Subd. 2. [2.B.3.a] General Assignment of Units. Assign the offender one unit for Eligible prior misdemeanor or gross misdemeanor convictions. Except as provided in subdivision 3, each prior conviction of any of the following offenses provided the offender received is an eligible misdemeanor or gross misdemeanor conviction if, before the current sentencing, a stayed or imposed sentence or stay of imposition for the conviction before the current sentencing was given for the conviction:

(1) a “targeted misdemeanor,” as defined in Minn. Stat. § 299C.10, subd. 1(e);

(2) a non-traffic gross misdemeanor;

(3) any of the following traffic gross misdemeanor misdemeanors: driving while impaired;gross misdemeanor , refusal to submit to a chemical test; gross misdemeanor , or reckless driving;

(4) a any felony conviction resulting in where the imposed sentence was within the limits provided by law for a misdemeanor or gross misdemeanor sentence under Minn. Stat. § 609.13, subd. 1(1); or

(5) any felony that is deemed to be a misdemeanor under Minn. Stat. § 609.13, subd. 1(2), due to discharge of a prior stay of imposition without a prison sentence.

Subd. 3. Exceptions and limitations. (a) Each of the following is not an eligible misdemeanor or gross misdemeanor conviction:

(1) [2.B.3.e] Decay Factor. A any prior misdemeanor or gross misdemeanor sentence or stay of imposition following a misdemeanor or gross misdemeanor conviction must not be used in computing the criminal history score conviction if seven years have elapsed between the date of the initial sentence following the prior conviction and the date of the current offense. However, misdemeanor sentences that result from the successful completion of a stay of imposition for a felony conviction are subject to the felony decay factor in section 2.B.1.c.;

(2) [2.B.3.b] Gross Misdemeanors Sentenced as Misdemeanors. A any gross misdemeanor conviction resulting in a misdemeanor sentence for an offense not defined as a targeted misdemeanor under Minn. Stat. § 299C.10, subd. 1(e) must not be used to compute units.;

(3) [2.B.3.g] Enhanced Felonies . When the current offense is a felony solely because the offender has previous convictions for misdemeanor and gross misdemeanor offenses, do not assign units for the any prior misdemeanor or gross misdemeanor conviction(s) upon which the enhancement is based. conviction used to enhance the current offense to a felony;

(4) [2.B.3.h] Prior Misdemeanor or Gross Misdemeanor Driving While Impaired (DWI) Committed by Juvenile Offenders. Assign no units under this section if the offender was 16 or 17 years old when the prior any conviction for a misdemeanor or gross misdemeanor DWI was driving while impaired (DWI) committed, and the DWI was while age 16 or 17 and processed in adult court under Minn. Stat. § 260B.225, subds. 3 and 8.

(b) [2.B.3.c] Limitation; multiple sentences for a single course of conduct / Multiple Sentences. When If multiple sentences for a single course of conduct were imposed under Minn. Stat. §§ § 152.137, 609.585, or 609.251, the offender must not be assigned more than one unit no more than one of the offenses may contribute to the criminal history score pursuant to subdivision 1.

(c) [2.B.3.d] Limitation; multiple victims in a single course of conduct / Multiple Victims. When If multiple offenses were sentenced arising from a single course of conduct involving multiple victims were sentenced, assign only no more than the two most severe of the offenses units in may contribute to the criminal history score pursuant to subdivision 1.

Subd. 4. [2.B.7.a] … Petty misdemeanors. Offenses that are petty misdemeanors by statute, or that are certified as or deemed to be petty misdemeanors under Minn. R. Crim. P. 23, must not be used to compute the criminal history score.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.B.3 & 2.B.7.a; restructured 2027.

2.35 [2.B.7] Determining Offense Levels for Prior Offenses.

Subdivision 1. Classification of prior offense. The classification of a prior offense as a petty misdemeanor, misdemeanor, gross misdemeanor, or felony is determined by current Minnesota offense definitions (see Minn. Stat. § 609.02, subds. 2-4a 2 to 4a) and sentencing policies. Offenses that are petty misdemeanors by statute, or that are certified as or deemed to be petty misdemeanors under Minn. R. Crim. P. 23, must not be used to compute the criminal history score.

Subd. 2. Monetary threshold. When a monetary threshold determines the offense classification, the monetary threshold in effect when the prior offense was committed, not the current threshold, determines the offense classification in calculating the criminal history score.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.B.7; restructured 2027.

2.36 [2.B.5] Convictions from Jurisdictions Other Than Minnesota.

Subdivision 1. In general. The state has the burden of proving the facts at sentencing necessary to justify consideration of an out-of-state a non-Minnesota conviction in the criminal history score, and the court must make the final determination as to whether and how a prior non-Minnesota conviction should be counted in the criminal history score. The court should consider, but is not limited to, the factors in paragraphs b through e subdivisions 2 to 5, below. Sections 2.B.1 through 2.B.7 Guidelines 2.31 to 2.36 govern the use of these convictions.

Subd. 2. How to count. (a) Find the equivalent Minnesota offense based on the elements of the prior non-Minnesota offense. The section in which to count the non-Minnesota offense in criminal history depends on:

(1) whether the offense is defined as a felony, gross misdemeanor, or targeted misdemeanor in Minnesota; and

(2) the sentence imposed.

(b) An offense may be counted as a felony only if it would both be defined as a felony in Minnesota, and the offender received a sentence of 366 days or more, which includes the equivalent of a stay of imposition. The offense definitions in effect when the current Minnesota offense was committed govern the designation of non-Minnesota convictions as felonies, gross misdemeanors, or misdemeanors.

Subd. 3. Assigning felony Weights point values. Section 2.B.1 Guideline 2.31 governs the weight of point value assigned to a prior non-Minnesota felony conviction from a jurisdiction other than Minnesota, and , which must be based on the severity level of the equivalent Minnesota felony offense.

Subd. 4. Federal offenses; no Minnesota equivalent. Federal felony offenses that received a sentence that in Minnesota would be a felony-level sentence, but for which no comparable Minnesota offense exists, must receive a weight of one in computing the criminal history score.

Subd. 5. Juvenile offenses from other jurisdictions. Minnesota law governs the inclusion in the criminal history score of a prior felony offense from a non-Minnesota jurisdiction other than Minnesota committed by an offender a person who was under 18 years old. The prior can be included only if the factfinder determines that it is an offense for which the offender person would have been certified to adult court if it had occurred in Minnesota.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.B.5; restructured 2027.

[2.C] Presumptive Sentence

2.40 [2.C.1] Finding the Presumptive Sentence.

The presumptive sentence for a felony conviction is found in the appropriate cell on the applicable grid located at the intersection of the criminal history score (horizontal axis) and the severity level (vertical axis). The current conviction offense determines the severity level. The offender’s criminal history score is computed according to section 2.B above guidelines 2.30 to 2.36.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.C.1; restructured 2027.

2.41 [2.C.1.a] Presumptive Disposition.

(a) Each cell in the Sentencing Guidelines grids is either shaded or not shaded. Shading indicates whether the presumptive disposition is a stayed or executed sentence.

(b) For cases contained in cells outside of the If the appropriate cell on the applicable grid is not shaded areas, the presumptive disposition is commitment and the sentence should be executed.

(c) For cases contained in cells within the If the appropriate cell on the applicable grid is shaded areas, the presumptive disposition is a stayed sentence and the sentence should be stayed unless the conviction offense carries a mandatory minimum sentence. Section 3.A a policy in guidelines 2.50 to 2.55 applies. Chapter 4 governs conditions of stayed sentences.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.C.1.a; restructured 2027.

2.42 [2.C.1.b] Presumptive Duration.

Subdivision 1. Display of presumptive sentence and range. Each cell on the grids provides a fixed presumptive sentence duration. As required by Minn. Stat. § 244.09, each cell also provides a presumptive range of time for that sentence. The court may sentence within that range without the sentence being a durational departure.

Subd. 2. Sentence of one year and one day. If a cell, or other Guidelines policy, provides a fixed sentence duration of 12 months, a sentence duration of one year and one day is permissible without departure. Minn. Stat. § 244.09 requires that the Guidelines provide a range for sentences that are presumptive commitments. The Guidelines provide both a fixed presumptive duration and a range of time for that sentence except as provided in section 2.C.3.c(1).

Subd. 3. Modifications. The presumptive duration may be modified as described in guidelines 2.60 to 2.66.

Subd. 4. [2.C.1.c] Presumptive Sentence Durations that Exceed the Statutory maximum sentence. If the presumptive sentence duration in the appropriate cell on the applicable Grid exceeds A sentence must not exceed the statutory maximum sentence for the conviction offense,. To the extent the appropriate cell on the applicable grid indicates a sentence that would exceed the statutory maximum is , the statutory maximum must be used as the presumptive sentence duration. See Presumptive Sentence Durations that Exceed the Statutory Maximum Sentence Table in Appendix 3.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.C.1.b & c; restructured 2027.

2.43 [2.G.12] Attempt or Conspiracy to Commit First-Degree Murder.

Subdivision 1. When an offender is sentenced Presumptive sentences. For an attempt or conspiracy to commit either first-degree murder in the first degree under Minn. Stat. § 609.185 or first-degree murder of an unborn child in the first degree under Minn. Stat. § 609.2661, the presumptive disposition is commitment. The presumptive durations are as follows:

Presumptive durations for attempt or conspiracy to commit first-degree murder, by criminal history score. All cells are presumptive commitments; none are shaded.

Subd. 2. Notes. In this grid, an asterisk indicates that the statutory maximum penalty limits the upper end of the range. Presumptive sentence lengths are in months. Italicized numbers within the grid denote the presumptive range, within which the court may sentence without the sentence being a departure. See guideline 2.61 for an explanation of the custody status column.

¹ Minn. Stat. § 244.09 requires that the Guidelines provide a range for sentences that are presumptive commitment to state imprisonment of 15% lower and 20% higher than the fixed duration displayed, provided that the minimum sentence is not less than one year and the maximum sentence is not more than the statutory maximum. See section 2.C.1.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.G.12; restructured 2027.

[2.E] Mandatory Sentences Modifying the Presumptive Disposition

2.50 Modifying a Presumptive Disposition from a Stay to Commitment.

(a) Dispositional modifiers. Notwithstanding guideline 2.41 (presumptive disposition), when a policy in guideline 2.51 or 2.52 applies to the current offense, the presumptive disposition is commitment.

(b) Dispositional departure. Granting a stay of imposition or stay of execution to a sentence modified under guideline 2.51 or 2.52 is a dispositional departure.

(c) Presumptive duration not altered. A modification to the presumptive disposition under guidelines 2.50 to 2.55 does not alter the presumptive duration established in guidelines 2.42 and 2.60 to 2.66.

History: Adopted 2027.

2.51 Statutes That Modify the Presumptive Disposition.

Subdivision 1. [2.E.1] In General rule. When an offender is convicted of an offense with a statutory mandatory minimum sentence of one year and one day or more, the presumptive disposition is commitment even if the presumptive sentence would ordinarily fall within the shaded area on the applicable Grid. … See Mandatory and Presumptive Sentences Reference Table in Appendix 1. (a) When a statute requires imprisonment for one year or more, the presumptive disposition is commitment, regardless of whether the statute provides a process for waiver of the imprisonment requirement. A stay of imposition or stay of execution pursuant to such a waiver process is a dispositional departure.

(b) Statutes that require imprisonment for one year or more may also modify the presumptive duration (see guideline 2.63, mandatory minimum durations).

(c) This guideline lists statutes that require imprisonment for one year or more. If such a statute applies to an offense for which guideline 2.41 already presumes commitment, however, the statute is not listed because its requirement does not modify the presumptive disposition.

Subd. 2. [2.E.2] Specific Statutory Provisions statutes. The following mandatory minimum provisions should be imposed as indicated. Statutes that modify the presumptive disposition include, but are not limited to, the following:

(1) [2.C.3] Finding the Presumptive Sentence for Certain Offenses. [2.C.3.c] Controlled Substance Offenses. [2.C.3.c(2)] Second-degree controlled substance crime as a subsequent controlled substance convictions conviction. If the current conviction offense is for a controlled substance crime in the first or second degree and is a “subsequent controlled substance conviction” as defined in Minn. Stat. § 152.01, subd. 16a, the presumptive disposition is commitment. Such a conviction triggers the presumptive commitment unless more than ten years have elapsed since discharge from sentence. If Minn. Stat. § 152.022, subd. 3(b), applies, the presumptive disposition is commitment. Guideline 2.63 (mandatory minimum durations) also applies.

(2) [2.E.2.d] Dangerous and Repeat Felony Offenders Third sequential violent felony. When an offender is sentenced under If Minn. Stat. § 609.1095, subd. 3, applies, the presumptive disposition is commitment. The court must impose and execute the presumptive duration unless a longer mandatory minimum sentence is otherwise required by law or the court imposes a longer aggravated durational departure.

(3) [2.E.2.b] Dangerous Weapon or Firearm Certain offenses involving firearms, other dangerous weapons, or ammunition. Minn. Stat. § 609.11 establishes the mandatory sentence for offenses committed with a dangerous weapon or firearm, or for possession of a firearm by an ineligible felon. (1) Finding the Mandatory Sentence. Regardless of whether an offender would otherwise receive a presumptive stayed sentence under the Guidelines, the presumptive disposition for an offense subject to a mandatory sentence under Minn. Stat. § 609.11 is always commitment. … See Dangerous Weapons – Minn. Stat. § 609.11 Table in Appendix 2. (2) Departure. Minn. Stat. § 609.11, subd. 8 provides that the court, on its own motion or on the prosecutor’s motion, may sentence without regard to the mandatory minimum sentence if the court finds substantial and compelling reasons to do so. Sentencing under subdivision 8 is a departure as follows: (i) Dispositional Departure. A stay of execution or stay of imposition is a dispositional departure. If Minn. Stat. § 609.11, subd. 4 or 5, applies, the presumptive disposition is commitment. Guideline 2.63 (mandatory minimum durations) also applies.

(4) [2.C.3.e] Offenses Committed While Confined Under State or Local Authority. The presumptive disposition for escape from an executed sentence, felony assault committed by an inmate serving an executed term of imprisonment, assault on secure treatment facility personnel, or assault against a county sheriff or sheriff’s deputy in a local correctional facility under the conditions described in Minn. Stat. § 609.2232(b)(1), (b)(2), or (b)(3), is commitment. Pursuant to section 2.F.1, it is presumptive for escape from an executed term of imprisonment and for felony assault committed by an inmate serving an executed term of imprisonment to be sentenced consecutively to the offense for which the inmate was confined. The presumptive duration is determined by the presumptive sentencing consecutive policy (see section 2.F.1, Presumptive Consecutive Sentences). Assaults against secure treatment facility personnel. If Minn. Stat. § 609.2231, subd. 3a(d), applies, the presumptive disposition is commitment.

(5) [2.C.3.e & 2.F.1.b] The presumptive disposition for … felony assault committed by an inmate serving an executed term of imprisonment … or assault in the first, second, third, or fourth degree against a county sheriff or sheriff’s deputy in a local correctional facility is always commitment. Assaults committed while confined. If Minn. Stat. § 609.2232(a), (b)(1), (b)(2), or (b)(3) applies, the presumptive disposition for the assault is commitment. Guideline 2.72 or 2.73 (presumptively or permissively consecutive sentences) may also apply.

(6) [2.G.9.a] Offense Crimes committed for the benefit of a gang. When an offender is sentenced for an offense committed for the benefit of a gang under Minn. Stat. § 609.229, subd. 3(a): a. Pursuant to If Minn. Stat. § 609.229, subd. 4, applies, the presumptive disposition is always commitment; and . Guideline 2.65 (other policies that add to the presumptive duration) also applies.

(7) Repeat or egregious sex offenses. If Minn. Stat. § 609.3455, subd. 3, 4, or 10, applies, the presumptive disposition is commitment. Guideline 2.63 (mandatory minimum durations) may also apply.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.C.3, 2.C.3.b, c(2), d, & e, 2.E.1, 2.E.2, 2.E.2.b & d, 2.F.1.b, & 2.G.9.a; restructured 2027.

2.52 Guidelines Policies That Modify the Presumptive Disposition.

Subdivision 1. [2.C.3.d] Driving While Impaired (DWI) Offenses Repeat first-degree DWI. (a) If the current conviction is for felony first-degree driving while impaired (DWI) and if, prior to the a court stayed or imposed a felony sentence for a felony DWI, criminal vehicular homicide, or criminal vehicular operation before commission of the current offense, the offender had a previous conviction (as conviction is defined in Minn. Stat. § 609.02 subd. 5) for a felony DWI or for a criminal vehicular homicide or operation as defined in Minn. Stat. § 169A.24, subd. 1(3), the presumptive disposition is commitment.

(b) A prior felony DWI or criminal vehicular homicide or operation convictions trigger the presumptive commitment even if they have conviction qualifies even if it has decayed for criminal history purposes as set forth in section 2.B.1.c guideline 2.31.

(c) As used in this subdivision, criminal vehicular homicide and criminal vehicular operation include the offenses listed in Minn. Stat. § 169A.24, subd. 1(3).

Subd. 2. [2.C.3.b] Repeat burglary of an occupied dwelling. (a) If the current conviction offense is burglary of an occupied dwelling (Minn. Stat. § 609.582, subd. 1(a)) and there was a previous conviction for a felony burglary before the current offense occurred, a court stayed or imposed a felony sentence for a felony burglary before commission of the current offense, the presumptive disposition is commitment.

(b) A prior burglary convictions trigger the presumptive commitment conviction qualifies even if they have it has decayed for criminal history purposes as set forth in section 2.B.1.c guideline 2.31. The presumptive duration for a burglary conviction falling under this section is the fixed duration indicated in the appropriate cell on the Grid.

Subd. 3. [2.C.3.e & 2.F.1.b] Escape. For If the current conviction offense is escape from an executed sentence, the presumptive disposition is commitment. Guideline 2.72 (presumptively consecutive sentences) also applies.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.C.3.b, d, & e, & 2.F.1.b; restructured 2027.

2.55 Permissive Commitment for Certain Consecutive Offenses.

[2.F.2.a(2)] Other Offenses. Consecutive sentences for the following offenses are always permissive and there is no It is not a dispositional departure if the sentences are executed to execute a sentence, regardless of whether the appropriate cell on the applicable grid indicates that the sentence should be stayed, if the court imposes the sentence consecutively to an executed sentence for a different offense pursuant to guideline 2.73, subd. 6.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.F.2.a(2); restructured 2027.

[2.G] Convictions for Attempts, Conspiracies, and Other Sentence Modifiers Modifying the Presumptive Duration

2.60 Modifying the Presumptive Duration in General.

(a) [2.G.1] In General. Sentence modifiers are statutes or policies that aid in defining the punishment for the underlying offense. Modifiers can affect either or both the duration and the disposition of the presumptive sentence. Durational modifiers. When a policy in guidelines 2.61 to 2.66 applies to the current offense, the presumptive duration established in guideline 2.42 must be modified accordingly.

(b) Order of application. If more than one of the policies in guidelines 2.61 to 2.66 apply to the current offense, they must be applied in the order in which they are displayed in the Guidelines.

(c) Durational departure. Ordering a prison sentence that is not within the presumptive duration as established in guidelines 2.42 and 2.60 to 2.66 is a durational departure.

(d) Presumptive disposition not altered. A modification to the presumptive duration under guidelines 2.60 to 2.66 does not alter the presumptive disposition established in guidelines 2.41 and 2.50 to 2.55.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.G.1; restructured 2027.

2.61 [2.C.2] Custody Status at the Time of the Offense.

Subdivision 1. Definitions. (a) As used in this section (2.C.2) guideline, the following terms have the meanings given:.

(b) “Custody status” means a qualifying status that:

(1) followed entry of a guilty plea, guilty verdict, or conviction for a qualifying offense,; and

(2) was in effect at any time when the person being sentenced committed the current offense.

(c) “Qualifying status” means any of the following:

(1) probation;

(2) parole;

(3) supervised release;

(4) conditional release following release from an executed prison sentence (see conditional release terms listed in guideline 5.20);

(5) release pending sentencing;

(6) confinement in a jail, workhouse, or prison pending or after sentencing; and or

(7) escape from confinement following an executed sentence.

(d) “Qualifying offense” means:

(1) a felony offense that is:

(i) assigned a severity level of 3 or greater on the standard grid,;

(ii) a felony offense assigned a severity level of D3 or greater on the drug Offender offense grid, or ;

(iii) a felony offense on the Sex Offender Grid, or listed in guideline 7.20 (offenses on the sex offense grid); or

(iv) an equivalent non-Minnesota felony offense within the meaning of guideline 2.36; or

(2) murder in the first degree, including first-degree murder, including first-degree murder of an unborn child, whether completed, an attempt, or a conspiracy;, or a an equivalent non-Minnesota felony offense equivalent, within the meaning of section 2.B.5, to an offense described in clause (i) within the meaning of guideline 2.36.

(e) “Sex offense” means:

(1) a felony offense on the Sex Offender Grid listed in guideline 7.20 other than failure to register as a predatory offender, Minn. Stat. § 243.166; or

(2) a an equivalent non-Minnesota felony offense equivalent, with the meaning of section 2.B.5, to an offense described in clause (i) within the meaning of guideline 2.36.

Subd. 2. Durational increase. If The presumptive duration of the current sentence must be increased when the person being sentenced was, at the time of the current offense, under a custody status for a qualifying offense, then the presumptive duration is increased by the amount at the time the person committed the current offense. The increase is shown in the custody status column pertaining to at the end of the grid row for for the severity level of the current offense.

Subd. 3. Special durational increase for sex offenses with sex-offense custody status. Notwithstanding paragraph b subdivision 2, the presumptive duration of the current offense must be increased by double the amount shown in the custody status column at the end of the grid row for the severity level of the current offense if:

(1) the current offense is a sex offense; and

(2) the person being sentenced was, at the time of the current offense, under a custody status for a felony sex offense, then the presumptive duration is increased by double the amount shown in the custody status column of the Sex Offender Grid pertaining to the Grid row for the current offense.

Ranges; Statutory Maximum. Any change to the presumptive fixed sentence under paragraph b or c must also be applied to the upper and lower ends of the range found in the appropriate cell on the applicable Grid. Neither the presumptive fixed sentence nor a range may exceed the statutory maximum sentence for the current offense.

Subd. 4. Exceptions. (a) This section (2.C.2) guideline does not apply to either of the following forms of custody status:

(1) commitment for treatment or examination under Minn. R. Crim. P. 20; or

(2) juvenile custody status ordered by a juvenile court for other than for an EJJ conviction.

(b) A prior felony conviction that resulted in a non-felony sentence (misdemeanor or gross misdemeanor) is not a qualifying offense or a sex offense within the meaning of this section (2.C.2) guideline.

(c) This section (2.C.2) guideline does not apply to a presumptive presumptively or permissive permissively consecutive sentence pursuant to section 2.F guideline 2.72 or 2.73.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.C.2; restructured 2027.

2.62 Policies That Reduce the Presumptive Duration by Half.

Subdivision 1. [2.G.2] Attempt or Conspiracy. In general. (a) Except as provided in paragraph (c), when the current offense is any of the following, the presumptive duration must be modified to be half the presumptive duration applicable to the underlying offense:

(1) For an attempted attempt to commit the underlying offense, under in violation of Minn. Stat. § 609.17;

(2) or for a conspiracy to commit an the underlying offense, under in violation of Minn. Stat. § 609.175, the presumptive duration is one-half of that found in the appropriate cell on the applicable Grid for the underlying offense. When the underlying offense has a mandatory minimum sentence of a year or more, the presumptive duration is the mandatory minimum sentence in statute or one-half the duration found in the appropriate cell on the applicable Grid, whichever is longer. [2.E.1] When an offender is sentenced for an attempted offense under Minn. Stat. § 609.17 or conspiracy to commit an offense under Minn. Stat. § 609.175, and the underlying offense has a mandatory minimum sentence of a year and a day or more, the presumptive duration is the mandatory minimum sentence in statute or one-half the duration found in the appropriate cell on the applicable Grid, whichever is longer.;

(3) [2.G.3] Solicitation of Juveniles or Mentally Impaired Persons. When an offender is sentenced for soliciting a juvenile under Minn. Stat. § 609.494, subd. 2(b), or for soliciting a mentally impaired person under to commit the underlying offense, in violation of Minn. Stat. § 609.493, subd. 2(b), the presumptive duration is one-half of that found in the appropriate cell on the applicable Grid for the underlying offense.;

(4) soliciting or conspiring with a minor to commit the underlying offense, in violation of Minn. Stat. § 609.494, subd. 2(b); or

(5) [2.G.6] Taking Responsibility for Criminal Acts. When an offender is sentenced for taking assuming responsibility for criminal acts under the underlying offense, in violation of Minn. Stat. § 609.495, subd. 4, the presumptive duration is one-half of that found in the appropriate cell on the applicable Grid for the underlying offense.

(b) [2.G.5] Attempt or Conspiracy to Commit Certain Sex Trafficking and Criminal Sexual Conduct Offenses. The Commission regards the following provisions as Applicability to certain sex offenses. Paragraph (a) applies to an attempt or conspiracy to commit sex trafficking or criminal sexual conduct, notwithstanding Minn. Stat. §§ 609.322, subd. 1(c), 609.342, subd. 2(b), and 609.343, subd. 2(b). These provisions are statutorily created presumptive sentences, not mandatory minimums. For an attempt or conspiracy to commit an offense to which one of these presumptive sentences applies, the presumptive duration is one-half of that found in the appropriate cell on the Sex Offender Grid for the underlying offense or any mandatory minimum, whichever is longer: a. Minn. Stat. § 609.322, subd. 1(c)(1) (applicable to sex trafficking offenses ranked at severity level B); b. Minn. Stat. § 609.322, subd. 1(c)(2) (applicable to Aggravated Sex Trafficking 1st Degree); c. Minn. Stat. § 609.342, subd. 2(b) (applicable to Criminal Sexual Conduct 1st Degree); and d. Minn. Stat. § 609.343, subd. 2(c) (applicable to Criminal Sexual Conduct 2nd Degree offenses ranked at severity level B).

(c) Exceptions. Paragraph (a) does not apply to:

(1) [2.G.4] Conspiracy to Commit a Controlled Substance Offense. The modifying statute for a conspiracy to commit a controlled substance offense under Minn. Stat. § 152.096 does not affect the presumptive sentence for the underlying offense.; or

(2) [2.G.12] the presumptive duration for an attempt or conspiracy to commit first-degree murder established by guideline 2.43.

Subd. 2. [Comment 2.G.01] Calculation. If the presumptive sentence is an odd number, division by two application of this guideline produces a presumptive sentence involving a half month. For example, 41 months divided by two equals 20.5 months. In that case, 20.5 months is the presumptive sentence length , the presumptive sentence, in months, will be expressed as a decimal whose fractional part is 0.5.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.E.1, 2.G.2 to 6, 2.G.12, & Comment 2.G.01; restructured 2027.

2.63 Mandatory Minimum Durations.

Subdivision 1. [2.E.1] … The presumptive duration of the prison sentence is the mandatory minimum sentence in statute or the duration provided in the appropriate cell on the applicable Grid, whichever is longer. General rule. (a) The presumptive duration must be increased, as necessary, to the length of any applicable statutorily specified minimum duration. A pronounced sentence shorter than an applicable mandatory minimum is a mitigated durational departure.

(b) Paragraph (a) applies regardless of whether the mandatory minimum statute:

(1) requires that the minimum prison sentence be executed; or

(2) provides a process for waiver of the mandatory minimum.

(c) A mandatory minimum may also modify the presumptive disposition; see guideline 2.51.

Subd. 2. Specific statutes. The following list of mandatory minimums, which may not be exhaustive, omits statutes that will not increase a presumptive grid duration by more than one day:

(1) [2.C.3.c(1)] Certain first-degree drug offenses. If Although the presumptive fixed sentence does not change, the lower range displayed on the drug offense grid must be excluded from the presumptive duration, and a pronounced sentence shorter than the presumptive fixed sentence is a mitigated durational departure, when the current conviction offense is for :

(i) first-degree controlled substance crime in the first degree and the penalty statute is Minn. Stat. § 152.021, subd. 3(c) (related to sale or possession of at least 100 grams or 500 dosage units of certain controlled substances),; or if

(ii) the current conviction is for aggravated first-degree controlled substance crime in the first degree, then the lower range, although displayed on the Drug Offender Grid, is excluded from what would otherwise be the presumptive range for that offense , pursuant to Minn. Stat. § 152.021, subd. 3(d).

(2) [2.C.3.c(2)] Subsequent controlled substance convictions conviction. If When the current conviction offense is for a controlled substance crime in the first or second degree and is a “subsequent controlled substance conviction,” as defined in Minn. Stat. § 152.01, subd. 16a, the … presumptive duration for a controlled substance conviction falling under this section is the duration indicated in the appropriate cell on the Drug Offender Grid, or the mandatory minimum, whichever is longer. the minimum presumptive duration is:

(i) 48 months when the current offense is first-degree controlled substance crime, pursuant to Minn. Stat. § 152.021, subd. 3(b); or

(ii) 36 months when the current offense is second-degree controlled substance crime, pursuant to Minn. Stat. § 152.022, subd. 3(b). Guideline 2.51 also applies.

(3) [2.E.2.e] Felony Driving While Impaired (DWI) First-degree DWI. When the court sentences an offender for When the current offense is first-degree felony driving while impaired, under the minimum presumptive duration is 36 months, pursuant to Minn. Stat. § 169A.276, it must impose a sentence of at least 36 months. The court cannot must not stay imposition or adjudication of the sentence, but may stay execution. Guideline 5.20 (conditional release terms) also applies.

(4) [2.E.2.a] Second- and or third-degree murder after a heinous crime conviction. When there is a previous “heinous crime” conviction, as defined in Minn. Stat. §§ 609.106 and 609.107, Mandatory Penalty for Certain Murderers, determines the presumptive sentence for an offender sentenced under that statute the presumptive duration is:

(i) 480 months when the current offense is second-degree murder; or

(ii) 300 months when the current offense is third-degree murder.

(5) [2.E.2.b] Dangerous Weapon or Firearm Certain offenses involving firearms, other dangerous weapons, or ammunition. Minn. Stat. § 609.11 establishes the mandatory sentence for offenses committed with a dangerous weapon or firearm, or for possession of a firearm by an ineligible felon. (1) Finding the Mandatory Sentence. … The mandatory duration is established in the statute. See Dangerous Weapons – Minn. Stat. § 609.11 Table in Appendix 2. (2) Departure. Minn. Stat. § 609.11, subd. 8 provides that the court, on its own motion or on the prosecutor’s motion, may sentence without regard to the mandatory minimum sentence if the court finds substantial and compelling reasons to do so. Sentencing under subdivision 8 is a departure as follows: … (ii) Durational Departure. A sentence other than the mandatory minimum or the presumptive duration or applicable range in the appropriate cell on the applicable Grid, whichever is longer, is a durational departure. When the current offense is listed in Minn. Stat. § 609.11, subd. 9, and Minn. Stat. § 609.11, subd. 4 or 5, applies, the minimum presumptive duration is 12 months and one day, 36 months, or 60 months, depending on the applicable provision. Guideline 2.51 also applies.

(6) [Appendix 1] First-degree assault against an official. When the current offense is a first-degree assault against a peace officer, prosecuting attorney, judge, or correctional employee, the minimum presumptive duration is 300, 180, or 120 months, depending on the applicable provision of Minn. Stat. § 609.221, subd. 5.

(7) [2.C.3.a(2)] Presumptive Executed Prison Sentences of at least 36 Months. Except when a life sentence applies, if the current conviction offense is criminal sexual conduct in the first, second, third, or fourth degree (Minn. Stat. §§ 609.342 to 345) or criminal sexual predatory conduct (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. Repeat sex offenses. When Minn. Stat. § 609.3455, subd. 10, applies to the current offense, the minimum presumptive duration is 36 months. Guideline 2.51 also applies.

Subd. 3. [2.E.2.c] Controlled substance offenses involving a dangerous weapon. Pursuant to When the current offense is a first- or second-degree controlled substance crime involving the possession of a firearm or use of another dangerous weapon as described in Minn. Stat. § 609.11, subd. 4 or 5, the minimum presumptive duration, as required by Minn. Stat. § 609.11, subd. 5a, some drug offenses committed with a dangerous weapon may be subject to one of the following two provisions. is:

(1) Certain Aggravated First-Degree Offenses. If an offender is sentenced for aggravated controlled substance crime in the first degree under Minn. Stat. § 152.021, subd. 2b(2), and is also subject to Minn. Stat. § 609.11, subd. 5a, the presumptive duration is the mandatory minimum sentence described in section 2.C.3.c(1) added to the mandatory minimum sentence for the dangerous weapon involvement found in Minn. Stat. § 609.11, subd. 4 or 5. the sum of the minimum presumptive durations described in subdivision 2, clauses (1)(ii) and (5), when the current offense is an aggravated first-degree controlled substance crime under Minn. Stat. § 152.021, subd. 2b(2); or

(2) Subsequent Controlled Substance Offenses. If an offender is sentenced for a subsequent controlled substance offense and is subject to Minn. Stat. § 609.11, subd. 5a, the presumptive duration is the longer of either: (i) the mandatory minimum sentence for the subsequent controlled substance offense added to the mandatory minimum sentence for the dangerous weapon involvement; or (ii) the presumptive duration for the subsequent controlled substance offense provided in the appropriate cell on the Drug Offender Grid and limited, if applicable, by section 2.C.3.c(1). the sum of the minimum presumptive durations described in subdivision 2, clauses (2) and (5), when the current offense is a subsequent controlled substance conviction. If a mandatory minimum described in subdivision 2, clause (1), applies and is longer than the mandatory minimum described in this clause, this clause does not apply.

Subd. 4. [2.C.3.a(1)] Certain repeat or egregious sex offenses. Under Minn. Stat. § 609.3455, certain sex offenders are subject to mandatory life sentences and certain repeat sex offenders are subject to presumptive executed prison sentences of at least 36 months. (1) Mandatory Life Sentences. The Sentencing Guidelines presumptive sentence does not apply to offenders subject to mandatory life without the possibility of release under subdivision 2 of that statute. For offenders subject to life with the possibility of release under subdivisions 3 and 4 of that statute When Minn. Stat. § 609.3455, subd. 3 or 4, requires a life sentence for the current offense, the court must specify a minimum term of imprisonment, based on the Sentencing Guidelines presumptive sentence as determined in section 2.C, or any applicable mandatory minimum sentence not contained in Minn. Stat. § 609.3455, that must be served before the offender may be considered for release that must be served before possible consideration for release, pursuant to Minn. Stat. § 609.3455, subd. 5. The minimum term of imprisonment must be based on the presumptive sentence that would apply under this chapter if the life sentence were not mandatory. Guidelines 2.51 and 5.20 also apply.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.C.3.a & c, 2.E.1, 2.E.2.a to c & e, & Appendix 1; restructured 2027.

2.64 Policies That Increase the Presumptive Duration by a Percentage.

Subdivision 1. In general. When the current offense is any of the following, the presumptive duration applicable to the underlying offense must be modified to increase by the specified percentage:

(1) [2.G.10] Felony assault motivated by bias. When an offender is sentenced for a crime For a first‑, second‑, or third-degree assault for which the maximum penalty has been increased under Minn. Stat. § 609.2233, the presumptive duration found in the appropriate cell on the applicable Grid for the underlying offense must be applicable to the underlying assault must be increased by twenty-five 25 percent.

(2) [2.G.8] Criminal sexual predatory conduct. When an offender is sentenced for criminal sexual predatory conduct under For a “predatory crime,” as defined in Minn. Stat. § 609.341, subd. 22, for which the maximum penalty has been increased under Minn. Stat. § 609.3453, the presumptive duration found in the appropriate cell on the applicable Grid for applicable to the underlying offense predatory crime must be increased by:

(i) twenty-five 25 percent; or

(ii) fifty 50 percent, if the violation was committed by an offender a person with a “previous sex offense conviction,” as defined in Minn. Stat. § 609.3455, subd. 1.

(3) [2.G.7] Offense Crime committed in furtherance of terrorism. When an offender is sentenced for an offense committed in the furtherance of For a crime committed to further terrorism under Minn. Stat. § 609.714, the presumptive duration found in the appropriate cell on the applicable Grid for applicable to the underlying offense must be increased by fifty 50 percent.

Subd. 2. Rounding rule. If, after the increase or increases required by this guideline, the resulting duration is not a whole number of months, the presumptive duration must be:

(1) rounded down to the nearest whole number of months, if the fractional part is less than one-half month; or

(2) expressed, in months, as a decimal whose fractional part is 0.5, if the fractional part is equal to or greater than one-half month.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.G.7, 8, & 10; restructured 2027.

2.65 Other Policies That Add to the Presumptive Duration.

Subdivision 1. [2.G.9.b] Offense Crime committed for the benefit of a gang. (a) When an offender is sentenced for an offense committed For a crime for which the benefit of a gang maximum penalty has been increased under Minn. Stat. § 609.229, subd. 3(a), … the presumptive duration is determined by locating the duration in the appropriate cell on the applicable Grid defined by the offender’s criminal history score and the underlying crime with the highest severity level, or the mandatory minimum for the underlying crime, whichever is longer, and adding: applicable to the underlying offense must be increased as described in this subdivision. Guideline 2.51 (statutes that modify the presumptive disposition) also applies.

(b) If the offense does not involve a victim or if the victim was eighteen age 18 or older, the presumptive duration must be increased by:

(1) 12 months, if the underlying offense crime was completed; or

(2) 6 six months, if the underlying offense crime was an attempt under Minn. Stat. § 609.17 or conspiracy under Minn. Stat. § 609.175; or .

(c) If the offense involves a victim under the age of eighteen 18, the presumptive duration must be increased by:

(1) 24 months, if the underlying offense crime was completed; or

(2) 12 months, if the underlying offense crime was an attempt under Minn. Stat. § 609.17 or conspiracy under Minn. Stat. § 609.175.

Subd. 2. [2.G.14] Offense Crime committed while impersonating a peace officer. For a crime for which the maximum penalty has been increased committed while falsely impersonating a peace officer under Minn. Stat. § 609.4751, subd. 4(a)(3), the presumptive duration applicable to the underlying crime is must be increased by:

(1) 12 months, if the underlying offense was completed; or

(2) 6 six months, if the underlying offense was an attempt under Minn. Stat. § 609.17 or conspiracy under Minn. Stat. § 609.175.

Subd. 3. [2.G.13] Second or subsequent severe violent offense. (a) The following definitions apply to this section As used in this subdivision, the following terms have the meanings given:

(1) [2.G.13.a(3)] A “Prior severe violent offense conviction” is an adjudication that qualifies the current offense as a second or subsequent means a conviction of a severe violent offense. A conviction for that was adjudicated before the commission of the current offense, except that neither of the following is a prior severe violent offense conviction:

(i) an offense excluded from criminal history score computation under section 2.B.1.c (Felony Decay Factor) does not qualify as a “prior severe violent offense conviction.” guideline 2.31, subd. 2(e) (decayed offenses); or

(ii) a conviction that resulted in a non-felony sentence (see section 2.B.1.h guideline 2.31, subd. 2(c)) does not qualify as a “prior severe violent offense conviction” if the non-felony sentence that was imposed before the current offense date.

(2) [2.G.13.a(2)] “Second or subsequent severe violent offense” means that prior to the commission of current severe violent offense, the offender has person being sentenced for the current offense had been adjudicated guilty of one or more prior severe violent offenses offense convictions.

(3) [2.G.13.a(1)] A “Severe violent offense” is means an offense listed in section 8, Severe Violent Offense List. “Severe violent offense” guideline 7.80 (severe violent offenses). The term includes an attempt or , a conspiracy, and includes or an equivalent non-Minnesota felony from a jurisdiction other than Minnesota, as outlined in section 2.B.5 (Convictions from Jurisdictions other than Minnesota). A current offense is not a “severe violent offense” if section 2.E.4 (Mandatory Life Sentences) applies offense within the meaning of guideline 2.36. A current offense listed in guideline 1.20, subd. 3 (life sentences), is not a severe violent offense.

(b) [2.G.13.b] Except as provided in paragraph (c), if the current offense is a second or subsequent severe violent offense, the presumptive fixed sentence for the current offense, as determined in section 2.C, shall increase by the number of months corresponding, in the following table, to the number of prior severe violent offense convictions, provided that duration must be increased as follows:

(1) by 12 months, if the person has one prior severe violent offense conviction;

(2) by 18 months, if the person has two prior severe violent offense convictions; or

(3) by 24 months, if the person has three or more prior severe violent offense convictions.

(c) If the current severe violent offense is an attempt attempted offense under Minn. Stat. § 609.17 or a conspiracy to commit an offense under Minn. Stat. § 609.175, the increase shall to the presumptive duration must be one-half the number of months stated; and provided in paragraph (b).

(d) This section shall subdivision does not apply to a presumptive or permissive consecutive sentence pursuant to section 2.F under guideline 2.72 or 2.73.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.G.9.b, 13, & 14; restructured 2027.

2.66 Final Calculation of Presumptive Durations.

Subdivision 1. [2.G.1] ... Any change to the presumptive fixed sentence under this section must also be applied to the upper and lower ends of the range found in the appropriate cell on the applicable Grid, except that the presumptive sentence cannot be less than one year, nor can it be less than any applicable mandatory minimum. Durational constraints. (a) The presumptive duration must not be less than 12 months.

(b) The presumptive duration must not exceed the statutory maximum penalty.

Subd. 2. Durational conformity. If the presumptive fixed duration violates subdivision 1 after application of other relevant guidelines, the presumptive fixed duration must be modified to the extent necessary to conform to subdivision 1.

Subd. 3. Presumptive range calculation. (a) The lower end of the presumptive range is the longest of the following three durations, rounded up, if necessary, to the nearest whole month:

(1) 15 percent below the presumptive fixed duration;

(2) 12 months; or

(3) any mandatory minimum duration that applies (see guideline 2.63).

(b) The upper end of the presumptive range is the shorter of the following two durations, rounded down, if necessary, to the nearest whole month:

(1) 20 percent above the presumptive fixed duration; or

(2) the statutory maximum penalty.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.G.1; restructured 2027.

[2.F] Concurrent/ and Consecutive Sentences

2.70 [2.F] Concurrent Sentences Presumptive; Exceptions.

Generally, when an offender is convicted Concurrent sentences are presumptive for both convictions of multiple current offenses, or and when there is a prior felony sentence that has not expired or been discharged, concurrent sentencing is presumptive unless:

(1) consecutive sentencing is presumptive under guideline 2.72; or

(2) consecutive sentencing is permissive under guideline 2.73.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.F; restructured 2027.

2.71 [2.F] Consecutive Sentences; General Requirements.

Subdivision 1. This section sets In general. Guidelines 2.70 to 2.75 set forth the criteria for imposing consecutive sentences. Imposition of a consecutive sentences sentence in any situation not described in this section these guidelines is a departure.

Subd. 2. Order of sentences. When the court imposes imposing consecutive sentences, the court must sentence the offenses in the order in which they occurred.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.F; restructured 2027.

2.72 [2.F.1] Presumptive Presumptively Consecutive Sentences.

Subdivision 1. [2.F.1.a] Criteria for Imposing a Presumptive Consecutive Sentence. (a) Consecutive sentences are presumptive (required under the Guidelines) when: only in the situations specified in subdivision 2 or 6. The presumptive duration of a presumptively consecutive sentence is determined by subdivision 7.

Subd. 2. the offender was, General requirements. (a) Sentences are presumptively consecutive when the presumptive disposition of the current offense is commitment and, at the time of the current offense, the person:

(1) was serving an executed term of state imprisonment, disciplinary confinement, or reimprisonment, in which case the sentence for the current offense is presumptively consecutive to that sentence;

(2) was on escape status from an executed term of state imprisonment, disciplinary confinement, or reimprisonment, in which case the sentence for the current offense is presumptively consecutive to that sentence; or

(3) an inmate of was incarcerated at a local correctional facility, the current offense was is an assault in the first, second, third, or fourth degree against a county sheriff or sheriff’s deputy, and, prior to the current sentencing, a court had imposed an executed sentence for an offense for which the person being sentenced had been in custody at the time of the assault; and there is an executed sentence associated with the person’s incarceration to which the court can consecutively sentence the current offense. In this case, the sentence for the current offense is presumptively consecutive to the executed sentence associated with the person’s incarceration.

(b) The presumptive disposition for of the current offense(s) is commitment. if:

(1) Finding the Presumptive Disposition. The presumptive disposition is determined using the criteria in section 2.C. calculation of the person’s criminal history score under guidelines 2.30 to 2.36 and application of the criteria in guidelines 2.41 and 2.50 to 2.52 establish a presumptive disposition of commitment;

(2) the presumptive disposition for current offense is an escape from an executed sentence (see guideline 2.52, subd. 3); or

(3) for the current offense is a felony assault committed by an inmate serving an executed term of imprisonment is always commitment (see guideline 2.51, subd. 2(5)).

Subd. 3. [2.F.1.d] Exception when Presumptive concurrent sentence is longer. If the criteria in paragraph 2.F.1.a have been met a sentence is presumptively consecutive under subdivision 2 but the total time to serve in prison would be longer if a concurrent sentence were imposed, a concurrent sentence, rather than a consecutive sentence, is presumptive. Otherwise, a concurrent sentence is a departure.

Subd. 4. Consecutive sentences for multiple offenses. When the court pronounces presumptive consecutive sentences for multiple offenses, each new offense with a presumptively consecutive sentence will be sentenced at a criminal history score of 1. The new offenses will run concurrently to each other, but consecutive consecutively to the prior offense. Permissive Permissively consecutive sentencing under section 2.F.2 guideline 2.73 is not a departure if it would result in a longer sentence than the sentence resulting from the application of this rule subdivision.

Subd. 5. Departure factor. If there is evidence that the defendant person being sentenced has provided substantial and material assistance in the detection or prosecution of crime, the court may depart from the presumptive presumptively consecutive sentence and impose a concurrent sentence.

Subd. 6. Felony First-degree driving while impaired (DWI). (a) Pursuant to Minn. Stat. § 169A.28, subd. 1 requires a consecutive sentence when the court sentences an offender for a felony DWI and , the court must impose a consecutive sentence for first-degree driving while impaired (DWI) when:

(1) the offender person has a prior unexpired misdemeanor, gross misdemeanor, or felony DWI sentence; and

(2) the disposition for the current offense will be probation; but not when the disposition for the current offense will be , and not commitment.

(b) If the court pronounces a consecutive sentence, the presumptive duration is based on a criminal history score of 1. Any pronounced probationary jail time should be served consecutively to any remaining time to be served on the prior DWI offense.

Subd. 7. Calculating presumptive duration. [2.F.1.c] Finding the Presumptive Duration. For each felony offense sentenced consecutively to another offense(s) one or more other felony offenses under this section guideline, the presumptive duration is the duration in the appropriate cell on the applicable grid at a criminal history score of 1, or the mandatory minimum for the offense (see guideline 2.63), whichever is longer. A consecutive sentence at any other duration is a departure.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.F.1; restructured 2027.

2.73 [2.F.2] Permissive Permissively Consecutive Sentences.

Subdivision 1. [2.F.2.a] Criteria for Imposing a Permissive Consecutive Sentence ; calculating presumptive disposition. (a) Consecutive sentences are permissive (may be given without departure) only in the situations specified in this section guideline. The presumptive duration of a permissively consecutive sentence is determined by subdivision 7.

(b) To determine whether an offense’s presumptive disposition is commitment under subdivision 2, 3, or 4, the court must apply the person’s criminal history score under guidelines 2.30 to 2.36 to the criteria in guidelines 2.41 and 2.50 to 2.52. In the case of a prior offense, the court must apply the applicable provisions of the Minnesota Sentencing Guidelines in effect when the prior offense was committed.

Subd. 2. [2.F.2.a(1)] Specific Offenses; Current and prior listed felonies; presumptive commitment required. Consecutive sentences are permissive if the presumptive disposition for the current offense(s) is commitment, as outlined in section 2.C, and paragraph (i), (ii), or (iii) applies. … [2.F.2.a(1)(i)] Prior Felony Sentence . A The current felony conviction for a crime on the list in section 6 of offenses eligible for permissive consecutive sentences offense may be sentenced consecutively to a prior felony sentence that has not expired or been discharged if:

(1) both the current offense and the prior felony conviction: is for a crime on the list offense are listed in section 6 of offenses eligible for permissive consecutive sentences; or is from a jurisdiction other than Minnesota and would be equivalent to a crime on the list in section 6. guideline 7.90 (permissively consecutive offenses);

(2) the presumptive disposition for the current offense is commitment; and

(3) the presumptive disposition for the prior offense(s) must was also be commitment as outlined in section 2.C. A non-Minnesota conviction is equivalent to a crime on the list in section 6 if it would both be defined as a felony in Minnesota, and received a sentence that in Minnesota would be a felony-level sentence, including the equivalent of a stay of imposition.

Subd. 3. Multiple current Felony convictions for listed felonies; presumptive commitment required. If the offender is being sentenced for (a) Except as provided in paragraph (b), multiple current felony convictions for crimes on the list of offenses eligible for permissive consecutive sentences in section 6, the convictions listed in guideline 7.90 may be sentenced consecutively to each other if the presumptive disposition for each is commitment.

(b) [Comment 2.F.205] Consecutive sentences are permissive for multiple current felony convictions even when the offenses involve one victim and a single course of conduct, but only when the presumptive disposition is commitment. However, consecutive sentencing is not permissive for Paragraph (a) does not apply when:

(1) the multiple current felony convictions involving involve one victim and a single course of conduct if ; and

(2) the court is giving an upward aggravated durational departure on any of the current conviction offenses. The Commission believes that to give both an upward durational departure and a consecutive sentence when the circumstances involve one victim and a single course of conduct can result in disproportional sentencing unless additional aggravating factors exist to justify the consecutive sentence.

Subd. 4. [2.F.2.a(1)(iii)] Felony conviction after escape; (non-executed sentence); presumptive commitment required. If the offender When a person in custody for a non-executed felony sentence escapes from custody and commits and is convicted for a new felony crime while on felony escape from lawful custody – as defined in Minn. Stat. § 609.485 – from a non-executed felony sentence, the new felony conviction the current offense before return to custody, and if the presumptive disposition for the current offense is commitment, the current offense may be sentenced consecutively to the sentence for the escape or for the offense for which the offender person was confined.

Subd. 5. [2.F.2.a(1)] Consecutive stayed sentence; departure. If the court pronounces a consecutive stayed sentence under one of these paragraphs subdivision 2, 3, or 4, the stayed sentence is a mitigated dispositional departure, but the consecutive nature of the sentence is not a departure. The consecutive stayed sentence begins when the offender person being sentenced completes the term of imprisonment and is placed on supervised release.

Subd. 6. [2.F.2.a(2)] Other offenses; presumptive commitment not required. (a) consecutive sentences for the following offenses are always A consecutive sentence is permissive and there is no in any circumstance described in this subdivision. If such a sentence is consecutive to an executed sentence, it is not a dispositional departure if the sentences are executed to execute the consecutive sentence.

(b) [2.F.2.a(2)(i)] Felony escape. If the offender is convicted of For felony escape from lawful custody –, as defined described in Minn. Stat. § 609.485 – and the offender did , not involving escape from an executed term of state imprisonment, disciplinary confinement, or reimprisonment (see section 2.F.1.a(1)(ii) guideline 2.72, subd. 2(a)(2)), the escape may be sentenced consecutively to the sentence for which the offender person was confined.

(c) [2.F.2.a(2)(ii)] Felony conviction after escape (; executed sentence). If the offender committed and is convicted A conviction for a new felony crime committed while on felony escape from lawful custody –, as defined described in Minn. Stat. § 609.485 –, from an executed felony sentence, the new felony may be sentenced consecutively to the sentence for the escape.

(d) [2.F.2.a(2)(iv)] Felony assault in a local jail or workhouse. If the offender is convicted of felony assault committed while in a local jail or workhouse, and Unless the conviction is not already presumptive presumptively consecutive as described in section 2.F.1.a(1)(iii), the under guideline 2.72, subd. 2(a)(3), a conviction for felony assault conviction committed while in a local jail or workhouse may be sentenced consecutively to any other executed prison sentence if the presumptive disposition for the other offense was commitment as outlined in section 2.C under guidelines 2.41 and 2.50 to 2.52.

(e) [2.F.2.a(2)(iii)] Fleeing a police officer; criminal sexual conduct. As punishment for two crimes committed as part of the same conduct, the court may impose consecutive sentences as permitted under , pursuant to Minn. Stat. § 609.035, subds. 5 and 6 if both of the following occur: the offender is convicted of either of the following offenses , sentence the later crime consecutively to the earlier crime if one of the crimes is:

(1) fleeing a peace officer in a motor vehicle, as defined described in Minn. Stat. § 609.487; or

(2) first- through fourth-degree criminal sexual conduct in the First through Fourth Degrees with force or violence, as defined described in Minn. Stat. §§ 609.342 through to 609.345; and (b) the court imposes punishment for any other crime committed by the defendant as part of the same conduct , with force or violence.

Subd. 7. [2.F.2.b] Finding the Presumptive Duration. Calculating presumptive duration. For each felony offense sentenced consecutively to another one or more other felony offense(s) offenses under this guideline, the court must use presumptive duration is the duration in the appropriate cell on the applicable grid at a criminal history score of 0, or the mandatory minimum duration for the offense (see guideline 2.63), whichever is longer, to determine the presumptive duration. A consecutive sentence at any other duration is a departure.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.F.2 & Comment 2.F.205; restructured 2027.

2.74 Modifying Consecutive Sentences.

Subdivision 1. [2.F.3] Crime Committed for the Benefit of a Gang. When the court imposes a presumptive or permissive consecutive sentence for a crime committed for the benefit of a gang under Minn. Stat. § 609.229, subd. 3, the presumptive duration includes additional months as outlined in section 2.G. Modifying presumptive disposition. Guidelines 2.50 to 2.55 (policies that modify the presumptive disposition) apply to consecutive sentences established by guidelines 2.72 and 2.73.

Subd. 2. Modifying presumptive duration. Except as provided in subdivision 3, the presumptive durations established by guidelines 2.72 and 2.73 are subject to modification by the policies contained within guidelines 2.60 to 2.66.

Subd. 3. Exceptions. The following policies do not modify presumptive durations established by guidelines 2.72 and 2.73:

(1) guideline 2.61 (custody status at the time of the offense); and

(2) guideline 2.65, subd. 3 (second or subsequent severe violent offense).

History: 2026 Minn. Sentencing Guidelines & Commentary 2.F.3; restructured 2027.

2.75 Administration of Consecutive Sentences.

Subdivision 1. Jail credit. Guideline 5.10 establishes policies for applying jail credit when sentencing consecutively.

Subd. 2. [2.F] Supervised release calculation. (a) If a court orders execution of two or more consecutive sentences are consecutively executed at the same time and by the same court, the Commissioner of Corrections must aggregate the sentence durations into a single fixed sentence. The aggregate term of imprisonment must be served before the aggregate supervised release period.

(b) If a court orders execution of a sentence is executed that must be served consecutively to an earlier executed a sentence ( that was executed at an earlier time or by a different court), and the offender person being sentenced has not yet been placed on supervised release for the earlier executed sentence, the Commissioner of Corrections must aggregate both terms of imprisonment into a single, fixed term of imprisonment. The offender person will serve the longer of the two supervised release terms.

(c) If a court orders execution of a sentence is executed that must be served consecutively to an earlier executed a sentence executed at an earlier time, and the consecutive sentence begins after the supervised release date for the earlier sentence, any remaining supervised release term from the earlier executed sentence is tolled while the offender person serves the consecutive term of imprisonment. The offender person will serve what remains of the previously tolled supervised release term or the supervised release term for the consecutive sentence, whichever is longer.

Subd. 3. [2.F.4] Pre-Guidelines cases. If a court imposes a sentence is imposed that must be served consecutively to an offense committed before May 1, 1980, the consecutive sentence begins after completion of any incarceration arising from the prior sentence.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.F & 2.F.4; restructured 2027.

Chapter 3
Sentencing Guidelines Grids

3.10 [4.A] Sentencing Guidelines Standard Grid.

Subdivision 1. Grid. This grid must be used for all offenses listed in guideline 7.10. Presumptive sentence lengths are in months. Italicized numbers within the grid denote the discretionary presumptive range, within which a the court may sentence without the sentence being deemed a departure. Offenders with The shaded area of the grid denotes a presumptively stayed sentence, except as provided in guidelines 2.50 to 2.55. Stayed felony sentences may be subject to include local confinement. See guideline 2.61 for an explanation of the custody status column.

Presumptive sentences by severity level (rows) and criminal history score (columns); each cell shows the fixed duration and, in italics, the range. Shaded cells are presumptive stayed sentences: severity levels 7, 6, and 5 at criminal history scores 0 to 2; levels 4 and 3 at scores 0 to 3; and levels 2 and 1 at scores 0 to 5. All other cells are presumptive commitments.

¹ Minn. Stat. § 244.09 requires that the Guidelines provide a range for sentences that are presumptive commitment to state imprisonment of 15% lower and 20% higher than the fixed duration displayed, provided that the minimum sentence is not less than one year and the maximum sentence is not more than the statutory maximum. See section 2.C.1.

² For Severity Level 7 offenses other than Felony DWI, the standard range of 20% higher than the fixed duration applies at CHS 6 or more. (The range is 62-86.)

Subd. 2. Note. In the standard grid, an asterisk indicates that the upper end of the range is limited by the statutory maximum penalty.

Examples of Executed Sentences (Length in Months) Broken Down by:

Term of Imprisonment and Supervised Release Term

Under Minn. Stat. § 244.101, offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993 will receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third. The court is required to pronounce the total executed sentence and explain the amount of time the offender will serve in prison and the amount of time the offender will serve on supervised release, assuming the offender commits no disciplinary offense in prison that results in the imposition of a disciplinary confinement period. The court must also explain that the amount of time the offender actually serves in prison may be extended by the Commissioner if the offender violates disciplinary rules while in prison or violates conditions of supervised release. This extension period could result in the offender's serving the entire executed sentence in prison.

Subd. 3. Explanation of sentence. (a) When a court pronounces an executed sentence for an offense committed after July 31, 1993, Minn. Stat. § 244.101 requires the court to explain, in addition to the total length of the executed sentence, the amounts of time the defendant will serve in prison and on supervised release, absent any disciplinary confinement. The statute also requires a warning that the amount of time actually served in prison may be extended for disciplinary offenses, potentially resulting in up to the entire executed sentence being served in prison.

(b) To assist the court in complying with this statute, the following table displays, in months, the specified minimum term of imprisonment (two-thirds of the executed sentence) and specified maximum supervised release term (one-third of the executed sentence) for each fixed presumptive duration found on the standard grid.

History: 2026 Minn. Sentencing Guidelines & Commentary 4.A; restructured 2027.

3.20 [4.B] Sex Offender Sex Offense Grid.

Subdivision 1. Grid. This grid must be used for all offenses listed in guideline 7.20. Presumptive sentence lengths are in months. Italicized numbers within the grid denote the discretionary presumptive range, within which a the court may sentence without the sentence being deemed a departure. Offenders with The shaded area of the grid denotes a presumptively stayed sentence, except as provided in guidelines 2.50 to 2.55. Stayed felony sentences may be subject to include local confinement. See guideline 2.61 for an explanation of the custody status column.

Presumptive sentences by severity level (rows) and criminal history score (columns); each cell shows the fixed duration and, in italics, the range. Shaded cells are presumptive stayed sentences: severity level D at criminal history scores 0 and 1; levels E and F at scores 0 to 2; level G at scores 0 to 3; and level H at scores 0 to 4. All other cells are presumptive commitments.

Subd. 2. Notes. The following notes apply to the sex offense grid:

(a) ¹ 12¹= Superscript number 1 indicates that the duration is subject to a one year and one day mandatory minimum penalty under Minn. Stat. § 243.166, subd. 5(b).

(b) ² Superscript number 2 indicates that, because sex trafficking is not subject to a 144- or 90-month minimum statutory presumptive sentence so of 90 or 144 months, the standard range of 15% 15 percent lower and 20% 20 percent higher than the fixed duration applies. (For severity level A, criminal history scores 0, 1, & and 2, the ranges are 123–172, 133–187, & and 143–201, respectively. For severity level B, criminal history score 0, the range is 77–108.)

(c) ³ Minn. Stat. § 244.09 requires that the Guidelines provide a range for sentences that are presumptive commitment to state imprisonment of 15% lower and 20% higher than the fixed duration displayed, provided that the minimum sentence is not less than one year and the maximum sentence is not more than the statutory maximum. See section 2.C.1. Superscript number 3 indicates that the upper end of the range is limited by the statutory maximum penalty. For severity level H, however, all displayed durations, including the upper and lower ranges, are constrained by the statutory maximum penalty at criminal history scores above 4.

Examples of Executed Sentences (Length in Months) Broken Down by:

Term of Imprisonment and Supervised Release Term

Under Minn. Stat. § 244.101, offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993 will receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third. The court is required to pronounce the total executed sentence and explain the amount of time the offender will serve in prison and the amount of time the offender will serve on supervised release, assuming the offender commits no disciplinary offense in prison that results in the imposition of a disciplinary confinement period. The court must also explain that the amount of time the offender actually serves in prison may be extended by the Commissioner if the offender violates disciplinary rules while in prison or violates conditions of supervised release. This extension period could result in the offender's serving the entire executed sentence in prison.

Subd. 3. Explanation of sentence. (a) When a court pronounces an executed sentence for an offense committed after July 31, 1993, Minn. Stat. § 244.101 requires the court to explain, in addition to the total length of the executed sentence, the amounts of time the defendant will serve in prison and on supervised release, absent any disciplinary confinement. The statute also requires a warning that the amount of time actually served in prison may be extended for disciplinary offenses, potentially resulting in up to the entire executed sentence being served in prison.

(b) To assist the court in complying with this statute, the following table displays, in months, the specified minimum term of imprisonment (two-thirds of the executed sentence) and specified maximum supervised release term (one-third of the executed sentence) for each fixed presumptive duration found on the sex offense grid.

History: 2026 Minn. Sentencing Guidelines & Commentary 4.B; restructured 2027.

3.30 [4.C] Drug Offender Drug Offense Grid.

Subdivision 1. Grid. This grid must be used for all offenses listed in guideline 7.30. Presumptive sentence lengths are in months. Italicized numbers within the grid denotes denote the presumptive range, within which a the court may sentence without the sentence being deemed a departure. Offenders with The shaded area of the grid denotes a presumptively stayed sentence, except as provided in guidelines 2.50 to 2.55. Stayed felony sentences may be subjected to include local confinement. See guideline 2.61 for an explanation of the custody status column.

Presumptive sentences by severity level (rows) and criminal history score (columns); each cell shows the fixed duration and, in italics, the range. Shaded cells are presumptive stayed sentences: severity level D7 at criminal history scores 0 and 1; levels D6 and D5 at scores 0 to 2; levels D4 and D3 at scores 0 to 3; and levels D2 and D1 at scores 0 to 5. All other cells are presumptive commitments.

Subd. 2. * Note. In the drug offense grid, an asterisk indicates that the lower range may not apply. See section 2.C.3.c(1) and Minn. Stat. § 152.021, subdivisions 3(c) & 3(d) guideline 2.63, subd. 2(1).

Examples of Executed Sentences (Length in Months) Broken Down by:

Term of Imprisonment and Supervised Release Term

Under Minn. Stat. § 244.101, offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993 will receive an executed sentence pronounced by the court consisting of two parts: a specified minimum term of imprisonment equal to two-thirds of the total executed sentence and a supervised release term equal to the remaining one-third. The court is required to pronounce the total executed sentence and explain the amount of time the offender will serve in prison and the amount of time the offender will serve on supervised release, assuming the offender commits no disciplinary offense in prison that results in the imposition of a disciplinary confinement period. The court must also explain that the amount of time the offender actually serves in prison may be extended by the Commissioner if the offender violates disciplinary rules while in prison or violates conditions of supervised release. This extension period could result in the offender's serving the entire executed sentence in prison.

Subd. 3. Explanation of sentence. (a) When a court pronounces an executed sentence for an offense committed after July 31, 1993, Minn. Stat. § 244.101 requires the court to explain, in addition to the total length of the executed sentence, the amounts of time the defendant will serve in prison and on supervised release, absent any disciplinary confinement. The statute also requires a warning that the amount of time actually served in prison may be extended for disciplinary offenses, potentially resulting in up to the entire executed sentence being served in prison.

(b) To assist the court in complying with this statute, the following table displays, in months, the specified minimum term of imprisonment (two-thirds of the executed sentence) and specified maximum supervised release term (one-third of the executed sentence) for each fixed presumptive duration found on the drug offense grid.

History: 2026 Minn. Sentencing Guidelines & Commentary 4.C; restructured 2027.

Chapter 4
[3.A] Establishing Conditions of Stayed Sentences

4.10 [3.A.1] Method of Granting Stayed Sentences.

Subdivision 1. In general. When the court orders a stayed sentence, the court may pronounce a stay of execution or a stay of imposition. The court must pronounce the length of the stay, which may exceed the duration of the presumptive prison sentence but not the maximum length of stay established in Minn. Stat. § 609.135, subd. 2. The court may establish appropriate conditions subject to the considerations in section 3.A.2 guideline 4.20.

Subd. 2. Stay of execution. When ordering a stay of execution, the court must pronounce the prison sentence duration, but its execution is stayed. The presumptive duration is shown in the appropriate cell established in chapter 2.

Subd. 3. Stay of imposition. (a) When ordering a stay of imposition, the court must not pronounce a prison sentence duration, and the imposition of the sentence is stayed.

(b) The Commission recommends that stays of imposition be used for offenders who are those convicted of lower severity offenses and who have low criminal history scores. The Commission further recommends that convicted felons those convicted of felonies be given one stay of imposition, although for very low severity offenses, a second stay of imposition may be appropriate.

History: 2026 Minn. Sentencing Guidelines & Commentary 3.A.1; restructured 2027.

4.20 [3.A.2] Other Conditions of Stayed Sentences.

Subdivision 1. Penal objectives. (a) While the Commission has otherwise chosen not to develop specific guidelines for the conditions of stayed sentences, it recognizes that there are several penal objectives to be considered in establishing conditions of stayed sentences, including:

(1) deterrence;

(2) public condemnation of criminal conduct;

(3) public safety;

(4) rehabilitation;

(5) restitution;

(6) retribution; and

(7) risk reduction.

(b) The Commission also recognizes that the relative importance of these objectives may vary with the characteristics of both the offense and offender characteristics the person being sentenced, and that multiple objectives may be present in any given sentence. The Commission urges courts to utilize the least restrictive conditions of stayed sentences that are consistent with the objectives of the sanction.

Subd. 2. Principles. The Commission further urges courts to consider the following principles in establishing the conditions of stayed sentences:

(1) Retribution. If retribution is an important objective of the stayed sentence, the severity of the retributive sanction should be proportional to the severity of the offense and the prior criminal record of the offender person being sentenced. A period of confinement in a local jail or correctional facility may be appropriate.

(2) Rehabilitation. If rehabilitation is an important objective of the stayed sentence, the court should make full use of available local programs and resources. The absence of a rehabilitative resource, in general, should not be a basis for enhancing the retributive objective in sentencing and, in particular, should not be the basis for more extensive use of incarceration than is justified on other grounds.

(3) Restitution. The Commission urges courts to make expanded use of restitution and community work orders as conditions of a stayed sentence, especially for offenders those with short criminal histories who are convicted of property crimes, although the use of these conditions in other cases may be appropriate.

(4) Supervision. Supervised probation should be a primary condition of stayed sentences.

(5) Fines. If fines are imposed, the Commission urges the expanded use of day fines, which standardizes standardize the financial impact of the sanction among offenders those with different income levels.

(6) Work release and community -based programs. The Commission has chosen not to establish specific guidelines relating to work release programs in local facilities or community-based residential and nonresidential programs.

History: 2026 Minn. Sentencing Guidelines & Commentary 3.A.2; restructured 2027.

4.30 [3.B] Revocation of Stayed Sentences.

Subdivision 1. The Commission views revocation of a stayed sentence and commitment to be justified when:

(1) The offender is convicted of there has been a conviction for a new felony for which the Guidelines recommend prison; or

(2) The offender continues to violate conditions of there have been continued violations of conditions of the stay despite the court’s use of expanded and more onerous conditions.

Subd. 2. (a) The decision to revoke an offender’s a stayed sentence should not be undertaken lightly.

(b) Great restraint should be exercised in imprisoning offenders who were those originally convicted of low severity level offenses or who have short prior criminal histories. For these offenders people, the Commission urges continuance of the stay and use of more restrictive and onerous conditions, such as periods of local confinement.

(c) Less judicial tolerance is urged for offenders those who were convicted of a more severe offense or who had a longer criminal history.

(d) For both groups of offenders, however, the court should not reflexively order imprisonment for non-criminal violations of probationary conditions.

History: 2026 Minn. Sentencing Guidelines & Commentary 3.B; restructured 2027.

Chapter 5
[3] Related Policies

5.10 [3.C] Jail Credit.

Subdivision 1. In general. In order to promote the goals of the Sentencing Guidelines, it is important to ensure that jail credit is consistently applied. The court must assure that the record accurately reflects all time spent in custody –, including examinations under Minn. R. Crim. P. 20 or 27.03, subd. 1(B) –, for the offense or behavioral incident for which the offender is person is being sentenced. Minnesota statutes, rules of criminal procedure, relevant court decisions, and these Guidelines determine how jail credit is applied.

Subd. 2. Applying jail credit. (a) To uphold the proportionality of sentencing, jail credit should must be applied in the following manner: as described in this subdivision.

(b) The Commissioner of Corrections must deduct jail credit from the sentence imposed by subtracting the time from the specified minimum term of imprisonment. If there is any remaining time, it must be subtracted from the specified maximum period of supervised release.

(c) To avoid double credit when applying jail credit to consecutive sentences, the court must apply the jail credit to the first sentence only.

(d) To avoid creating a concurrent sentence when sentencing a current offense is sentenced consecutively to a prior offense for which the offender person being sentenced is already serving time in a prison or jail, the court must not apply jail credit from the prior offense to the current offense.

(e) When revoking a stayed sentence is revoked and committing the offender is committed person, the court must order jail credit must reflect that reflects time spent in confinement as a condition of the stayed sentence.

(f) Jail credit must be awarded at the rate of one day for each day served for time spent in confinement under Huber Law (Minn. Stat. § 631.425).

History: 2026 Minn. Sentencing Guidelines & Commentary 3.C; restructured 2027.

5.20 [2.E.3] Conditional Release Terms.

Several Minnesota statutes provide for mandatory conditional release terms that must be served by certain offenders once they are released upon release from prison. The court must pronounce the following statutory conditional release term when sentencing for the following offenses an applicable offense:

(1) First-degree (felony) driving while impaired. Minn. Stat. § 169A.276, subd. 1(d). (five-year conditional release for first-degree driving while impaired);

(2) Predatory offense registration violation committed by certain offenders. Minn. Stat. § 243.166, subd. 5a. (ten-year conditional release for failure to register as a predatory offender at risk level III);

(3) Assault in the fourth degree against secure treatment facility personnel. Minn. Stat. § 609.2231, subd. 3a(e). (five-year conditional release for fourth-degree assault against secure treatment facility personnel);

(4) First- through fourth-degree criminal sexual conduct, sexual extortion, and criminal sexual predatory conduct. Minn. Stat. § 609.3455, subds. 6– and 8. (ten-year conditional release for first- through fourth-degree criminal sexual conduct, sexual extortion, and criminal sexual predatory conduct);

(5) Minn. Stat. § 609.3455, subds. 7 and 8 (lifetime conditional release after life sentences for certain repeat and egregious sex offenses);

(6) Use of minors in sexual performance or child sexual abuse material. Minn. Stat. § 617.246, subd. 7. (five-year conditional release for use of minors in sexual performance or child sexual abuse material); and

(7) Child sexual abuse material. Minn. Stat. § 617.247, subd. 9. (five-year conditional release for child sexual abuse material offenses).

History: 2026 Minn. Sentencing Guidelines & Commentary 2.E.3; restructured 2027.

5.30 [3.E] Presentence Mental or Physical Examinations for Sex Offenders Offenses.

The Commission recommends that, under Minn. R. Crim. P. 27.03, subd. 1(B)(1)(b), the court order a physical or mental examination of the offender a person being sentenced as a supplement to the presentence investigation required by Minn. Stat. § 609.115 when the person is convicted:

(1) an offender has been convicted under Minn. Stat. §§ 609.342 (first-degree criminal sexual conduct), 609.343 (second-degree criminal sexual conduct), 609.344 (third-degree criminal sexual conduct), 609.345 (fourth-degree criminal sexual conduct), or 609.365 (incest); or

(2) an offender is convicted under of an attempt, as described in Minn. Stat. § 609.17 of an attempt , to commit an act proscribed prohibited by Minn. Stat. §§ 609.342 (first-degree criminal sexual conduct) or 609.344 (third-degree criminal sexual conduct).

History: 2026 Minn. Sentencing Guidelines & Commentary 3.E; restructured 2027.

5.40 [3.F] Military Veterans.

Subdivision 1. Under Minn. Stat. § 609.115, subd. 10, when a defendant is convicted of a crime, the court must inquire whether the defendant a person convicted of a crime is currently serving in or is a veteran of the armed forces of the United States, and if so, may take further action as permitted by that provision.

Subd. 2. Minn. Stat. § 609.1056 provides deferred judgment procedures for United States military service members or veterans in connection with certain criminal offenses related to service-related disorders if the defendant is a United States military service member or veteran.

History: 2026 Minn. Sentencing Guidelines & Commentary 3.F; restructured 2027.

Chapter 6
[2.D] Departures from the Guidelines

6.10 [2.D.1] Departures in General.

Subdivision 1. Departures from the presumptive sentence. (a) The sentences provided in the Grids chapter 2 are presumed to be appropriate for the crimes to which they apply. The court must pronounce a sentence of the applicable disposition and within the applicable prison range unless there exist identifiable, substantial, and compelling circumstances to support a departure.

(b) The court may depart from the presumptive disposition or duration provided in the Guidelines, and stay or impose a sentence that is deemed it deems to be more appropriate than the presumptive sentence. A pronounced sentence for a felony conviction that is outside the appropriate prison range on the applicable Grid, including a stayed or imposed gross misdemeanor or misdemeanor sentence, is a departure from the Guidelines. A departure is not controlled by the Guidelines, but rather, is an exercise of judicial discretion constrained by statute or case law.

(c) Disposition and Duration. Departures with respect to disposition and duration are separate decisions, each requiring written departure reasons. A court may depart from the presumptive disposition without departing from the presumptive duration, and vice-versa vice versa.

(d) Aggravated Departure. When imposing a sentence that is an aggravated departure, it is recommended that the court should pronounce a sentence proportional to the severity of the crime for which the sentence is imposed and the offender’s criminal history of the person being sentenced, and take into consideration the purposes and underlying principles of the Guidelines (guideline 1.10).

Subd. 2. Sentences within misdemeanor or gross misdemeanor limits. (a) A pronounced sentence for a felony conviction that is shorter than the appropriate prison range on the applicable grid, as determined by chapter 2, including a stayed or imposed gross misdemeanor or misdemeanor sentence, is a mitigated durational departure.

(b) [Comment 2.D.105] Under Minn. Stat. § 609.13, if a court pronounces a misdemeanor or gross misdemeanor sentence for a felony conviction, that conviction is deemed a gross misdemeanor or misdemeanor. The sentence is a mitigated durational departure because it is outside the appropriate range on the applicable Grid below the presumptive range, which cannot be below 12 months. Because courts sometimes fail to issue departure reports in these cases, section 2.D was amended to clarify that if the court stays or imposes a gross misdemeanor or misdemeanor sentence for a felony conviction, the sentence is a departure.

(c) In contrast, If the prosecutor amends the charge to a gross misdemeanor or misdemeanor offense prior to conviction, a gross misdemeanor or misdemeanor sentence will not be a departure because the sentence will be consistent with the level of the charge. When the prosecutor amends the charge, the prosecutor must amend it to an existing gross misdemeanor or misdemeanor offense. For example, there is no gross misdemeanor version of threats of violence (Minn. Stat. § 609.713) in statute, so a charge of threats of violence cannot be amended from a felony to a gross misdemeanor.

Subd. 3. [2.D.1.d] Departure reasons; report. (a) Because departures are by definition exceptions to the Guidelines, the departure factors in this section chapter are advisory, except as otherwise established by case law.

(b) [2.D.1.c] Departure Report. In exercising the discretion to depart from a presumptive sentence, the court must disclose in writing or on the record the particular substantial and compelling circumstances that make the departure more appropriate than the presumptive sentence. The reasons must be stated in the sentencing order or recorded in the departure report and filed with the Commission.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.D.1 & Comment 2.D.105; restruc­tured 2027.

6.20 Special Procedural Circumstances.

(a) Stay of execution; EJJ prosecution. A stay of execution of an adult criminal sentence in an extended jurisdiction juvenile (EJJ) prosecution under Minn. Stat. § 260B.130, subd. 4(a)(2), is not a mitigated dispositional departure.

(b) [2.D.1.f] Offender’s Demand for execution. A sentence that is executed pursuant to an offender’s the person’s right to demand execution is not an aggravated dispositional departure.

(c) [2.D.1.e] Revoked stay of adjudication. When a felony stay of adjudication is vacated and conviction is entered, the Guidelines must then be applied. To the extent that the sentence pronounced immediately following a revocation of a stay of adjudication is contrary to the Guidelines presumptive sentence, as determined by chapter 2, that sentence is a departure.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.D.1.e & f; restruc­tured 2027.

6.30 [2.D.2] Factors That Should Not Be Used as Reasons for Departure.

The following factors should not be used as reasons a reason for departure:

(1) race;

(2) sex;

(3) an employment factors factor, including:

(i) occupation or impact of sentence on profession or occupation;

(ii) employment history;

(iii) employment at time of the offense; employment at time of sentencing. or sentencing; or

(iv) impact of the sentence on profession or occupation;

(4) a social factors factor, including:

(i) educational attainment;

(ii) living arrangements at time of the offense or sentencing;

(iii) length of residence; or

(iv) marital status. status; or

(5) the defendant’s exercise of a constitutional rights right during the adjudication process.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.D.2; restructured 2027.

6.40 [2.D.3] Factors That May Be Used as Reasons for Mitigated Departure.

Subdivision 1. Mitigating factors. The following is a nonexclusive list of mitigating factors that may be used as reasons for departure:

(1) [2.D.3.a] Mitigating Factors. The victim was an aggressor in the incident.

(2) The offender person being sentenced played a minor or passive role in the crime or participated under circumstances of coercion or duress.

(3) The offender person being sentenced, because of physical or mental impairment, lacked substantial capacity for judgment when the offense was committed. The voluntary use of intoxicants ( intoxicating drugs or alcohol) does not fall within the purview of this factor.

(4) [2.D.3.a(5)] Other substantial grounds exist that tend to excuse or mitigate the offender’s culpability of the person being sentenced, although not amounting to a defense.

(5) [2.D.3.a(6)] The court is ordering an alternative placement under Minn. Stat. § 609.1055 for an offender a person with a serious and persistent mental illness.

(6) [2.D.3.a(7)] The offender person being sentenced is particularly amenable to probation. This factor may, but need not, be supported by the fact that the offender person is particularly amenable to a relevant program of individualized treatment in a probationary setting.

(7) [2.D.3.a(8)] In the case of a conviction for a controlled substance offense conviction, the offender person being sentenced is found by the district court to be particularly amenable to probation based on adequate evidence that the offender is chemically dependent person has a substance use disorder and has been accepted by, and can respond to, a treatment program in accordance with Minn. Stat. § 152.152.

(8) [2.D.3.a(9)] In the case of The person being sentenced is a qualifying United States military service member or veteran, the offender is found by and the district court to meet determines that the person meets the criteria for particular amenability to probation found in Minn. Stat. § 609.1056, subd. 4.

(9) [2.D.3.a(10)] The person being sentenced has no prior criminal conviction or stay of adjudication. A criminal history score of zero is not sufficient to qualify for this factor. This departure factor is not available if the current offense is ranked at severity level 10 or 11 on the standard grid or is ranked on the sex Offender offense grid.

(10) [2.D.3.a(4)] The offender’s presumptive sentence is a commitment but not a mandatory minimum sentence, and either of the following exist is true:

(i) the current conviction offense is at severity level 1 or severity level 2 and the offender received all of his or her prior felony sentences were received during fewer than three separate court appearances; or

(ii) the current conviction offense is at severity level 3 or severity level 4 and the offender received all of his or her prior felony sentences were received during one court appearance.

Subd. 2. Providing substantial and material assistance. Guideline 2.72, subd. 5, contains a special mitigating factor applicable to certain consecutive-sentence departures.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.D.3.a; restructured 2027.

6.50 Factors That May Be Used as Reasons for Aggravated Departure.

Subdivision 1. [2.D.3.b] Aggravating factors. The following is a nonexclusive list of aggravating factors that may be used as reasons for departure:

(1) The victim was particularly vulnerable due to age, infirmity, or reduced physical or mental capacity, and the offender person being sentenced knew or should have known of this vulnerability.

(2) The victim was treated with particular cruelty for which the individual offender being sentenced should be held responsible.

(3) [2.D.3.b(15)] The offense was committed in a location in which place where the victim had an expectation of privacy.

(4) [2.D.3.b(13)] The offense was committed in the presence of a child.

(5) [2.D.3.b(14)] An adult offender The person being sentenced intentionally deceived a minor victim into believing the offender person was also a minor in order to facilitate the commission of the offense as described in Minn. Stat. § 609.099.

(6) [2.D.3.b(12)] The offender person being sentenced used another’s identity without authorization to commit a crime. This aggravating factor may not be used when use of another’s identity is an element of the offense.

(7) [2.D.3.b(11)] The offender person being sentenced intentionally selected the victim or the property against which the offense was committed, in whole or in substantial part, because of the victim’s, the property owner’s, or another’s actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in Minn. Stat. § 363A.03, or because of the victim’s actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in Minn. Stat. § 363A.03.

(8) [2.D.3.b(6)] The offender person being sentenced committed, for hire, a crime against the person.

(9) [2.D.3.b(10)] The offender person being sentenced committed the crime as part of a group of three or more offenders individuals who all actively participated in the crime.

(10) [2.D.3.b(3)] The current conviction is for offense was a criminal sexual conduct offense, offense or an offense in which the victim was otherwise injured, and the offender person being sentenced has a prior felony conviction for a criminal sexual conduct offense or an offense in which the victim was otherwise injured.

(11) [2.D.3.b(7)] The offender person is being sentenced as an “engrained offender” under Minn. Stat. § 609.3455, subd. 3a (mandatory sentence for certain engrained offenders).

(12) [2.D.3.b(8)] The offender person is being sentenced as a “dangerous offender who commits a third violent crime” under Minn. Stat. § 609.1095, subd. 2 (increased sentence for dangerous offender’s third sequential violent crime).

(13) [2.D.3.b(9)] The offender person is being sentenced as a “career offender” under Minn. Stat. § 609.1095, subd. 4 (increased sentence for sixth sequential felony).

(14) [2.D.3.b(4)] The offense was a major economic offense, identified as . For this purpose, an economic offense is an illegal act or series of illegal acts committed by other than physical means and by concealment or guile to obtain money or property, to avoid payment or loss of money or property, or to obtain business or professional advantage. The presence of A major economic offense is an economic offense in which two or more of the following circumstances listed below is an aggravating factor with respect to the offense were present:

(i) The offense involved multiple victims or multiple incidents per victim;.

(ii) The offense involved an attempted or actual monetary loss substantially greater than the usual offense or substantially greater than the minimum loss specified in the statutes;.

(iii) The offense involved a high degree of sophistication or planning or occurred over a lengthy period of time;.

(iv) The defendant used his or her offense involved the use of position or status to facilitate the commission of the offense, including positions of trust, confidence, or fiduciary relationships; or .

(v) The defendant person being sentenced has been involved in other conduct similar to the current offense as evidenced by the findings of civil or administrative law proceedings or the imposition of professional sanctions.

(15) [2.D.3.b(5)] The offense was a major controlled substance offense, identified as an offense or series of offenses related to trafficking in controlled substances under circumstances more onerous than the usual offense. The presence of . A major controlled substance offense is a controlled substance offense in which two or more of the following circumstances listed below is an aggravating factor with respect to the offense were present:

(i) The offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to sell or transfer;.

(ii) The offender person being sentenced or an accomplice possessed equipment, drug paraphernalia, or monies evidencing the offense was committed as part of wholesale trafficking of a controlled substance;.

(iii) The offense involved the manufacture of controlled substances for use by other parties;.

(iv) The offender person being sentenced or an accomplice knowingly possessed a firearm or other dangerous weapon, as defined by Minn. Stat. § 609.02, during the commission of the offense;.

(v) The circumstances of the offense reveal the offender person being sentenced to have occupied a high position in the drug distribution hierarchy;.

(vi) The offense involved a high degree of sophistication or planning, or occurred over a lengthy period of time, or involved a broad geographic area of disbursement;.

(vii) The offender person being sentenced used his or her position or status to facilitate the commission of the offense, including positions a position of trust, confidence confidence, or fiduciary relationship relationships (e.g., pharmacist, physician, or other medical professional);.

(viii) The offense involved separate acts of sale or possession of a controlled substance in three or more counties;.

(ix) The offender person being sentenced has a “prior conviction” for a “violent crime of violence,” as defined in Minn. Stat. § 609.1095, subd. 1(d), other than a violation of or an attempt or conspiracy to violate a provision under of Minn. Stat. chapter 152, including attempt or conspiracy, or was convicted of a similar offense by law of the United States or another state;.

(x) The offense involved the sale of a controlled substance to a minor or vulnerable adult; and .

(xi) The defendant, or an accomplice, manufactured, possessed or sold offense involved the manufacture, possession, or sale of a controlled substance in a school zone, park zone, public housing zone, federal, state, or local correctional facility, or drug treatment facility.

Subd. 2. [Comment 2.D.308] The aggravating factor involving bias motivation under section 2.D.3.b(11) cannot be used when sentencing an offender for a crime with an increased statutory maximum penalty under Minn. Stat. § 609.2233 (felony assault motivated by bias), or for a crime that was elevated to a felony offense because of bias motivation (e.g., Minn. Stat. §§ 609.2231, subd. 4 (fourth-degree assault); 609.595, subd. 1a(a) (criminal damage to property); 609.749, subd. 3(a)(1) (harassment)). The Commission intends that a penalty for a bias-motivated offense be subject to enhancement only once. Limitations. Except as provided in subdivision 1, clauses (11) to (13), an aggravating factor may not be used as a reason for departure if the factor is based on:

(1) a fact that constitutes a necessary element of the current offense or of a sentencing enhancement; or

(2) conduct that could have formed, or did form, the basis of a separate offense.

History: 2026 Minn. Sentencing Guidelines & Commentary 2.D.3.b & Comment 2.D.308; restructured 2027.

Chapter 7
Offense Lists

7.10 [5.A] Offense Severity Reference Table Levels of Offenses on the Standard Grid.

Subdivision 1. (a) Offenses subject to a mandatory life sentence, including first-degree murder and certain sex offenses under Minn. Stat. § 609.3455, subdivision 2, are excluded from the Guidelines by law. The offenses listed in this guideline are the offenses on the standard grid shown in guideline 3.10 and are ranked at the severity levels given.

(b) The offenses listed in guideline 7.60 (theft offenses) are also ranked on the standard grid and are incorporated by reference.

Subd. 2. The following offenses are ranked at severity level 11:

Severity Level Offense Title Statute Number

Subd. 3. The following offenses are ranked at severity level 10:

Subd. 4. The following offenses are ranked at severity level 9:

Subd. 5. The following offenses are ranked at severity level 8:

Subd. 6. The following offenses are ranked at severity level 7:

Subd. 7. The following offenses are ranked at severity level 6: