An aggravated dispositional departure occurs when the Guidelines recommend a stayed sentence but the court pronounces a prison sentence.
An aggravated durational departure occurs when the court pronounces a duration that is more than 20 percent higher than the fixed duration displayed in the appropriate cell on the applicable Grid.
Commitment occurs when the offender is sentenced to the custody of the Commissioner of Corrections.
When the court orders sentences to be consecutive, the court is ordering that multiple sentences be served one after the other in the manner described in section 2.F.
A custody status enhancement is when an additional three months must be added to the duration of the appropriate cell time, which then becomes the presumptive duration. This is only added when an offender has a custody status point assigned AND the offender's total criminal history score exceeds the maximum score on the applicable Grid (i.e. 7 or more). Three months must also be added to the lower and upper end of the range provided in the appropriate cell.
A departure is a pronounced sentence other than that recommended in the appropriate cell on the applicable Grid, including a stayed or imposed gross misdemeanor or misdemeanor sentence.
A departure report is a form 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.
A dispositional departure occurs when the court orders a disposition (i.e., decision to sentence to prison or probation) other than the disposition recommended in the Guidelines. There are two types: aggravated dispositional departures and mitigated dispositional departures.
A durational departure occurs when the court orders a sentence with a duration other than the presumptive fixed duration or range in the appropriate cell on the applicable Grid. There are two types: aggravated durational departures (more time) and mitigated durational departures(less time).
An enhanced felony is an offense that is a felony solely because the offender has previous misdemeanor and gross misdemeanor conviction(s) for similar conduct. The prior misdemeanor or gross misdemeanor convictions upon which the enhancement is based may be used in determining custody status, but cannot be used in calculating the remaining components of the offender's criminal history score.
An extended jurisdiction juvenile is 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 birthday.
The factfinder or finder of fact determines the facts in the case, and may be either the court or the jury.
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.
Local confinement is a term of incarceration of up to one year served in a local facility, and may be pronounced by the court as a condition of probation.
The mandatory minimum is a minimum executed sentence duration specified in statute for offenders convicted of certain felony offenses.
A mitigated dispositional departure occurs when the Guidelines recommend a prison sentence but the court stays the sentence.
A mitigated durational departure occurs when the court pronounces a sentence that is more than 15 percent lower than the fixed duration displayed in the appropriate cell on the applicable Grid.
A presumptive commitment is a recommended disposition of imprisonment for cases contained in cells outside of the shaded area on the Grids.
The presumptive disposition is the recommendation for either a commitment or a stayed sentence.
The presumptive duration is the recommended fixed sentence length in months found in the appropriate cell on the applicable Grid.
The presumptive range is provided for a sentence that is a presumptive commitment. 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.
Presumptive sentences are those sentences provided on the Sentencing Guidelines Grids. They are presumptive because they are presumed to be appropriate for all typical cases sharing criminal history and offense severity characteristics. The presumptive sentence is derived from two types of recommendations: the presumptive disposition and the presumptive duration.
A presumptive stayed sentence is a recommendation for a stayed sentence for cases contained in the cells within the shaded area on the Grids. During the stay, the offender is typically placed on probation during which up to one year of confinement and other non-jail sanctions can be imposed as conditions of probation.
A sentence modifier is a statute that aids in defining the punishment for the underlying offense such as attempt or conspiracy. A sentence modifier can affect either or both the duration and the disposition of the presumptive sentence. See Guidelines section 2.G for policies relating to determining the presumptive sentence for offenses that include a sentence modifier.
The Sentencing Guidelines Grids (or Grids) display presumptive sentences for felony offenses according to the severity level of the offense (vertical axis) and offender's criminal history score (horizontal axis). There are three types of Grids: the Standard Grid, the Sex Offender Grid,and the Drug Offender Grid.
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.
The Sex Offender Grid displays the presumptive sentences for criminal sexual conduct, failure to register as a predatory offender, and related offenses as shown on the Sex Offender Grid.
The Standard Grid displays the presumptive sentences for felony offenses not on the Sex Offender Grid or Drug Offender Grid.
The statutory maximum is the maximum sentence duration provided for the offense in statute (e.g., imprisonment for not more than 15 years).
A stay of execution occurs when the court accepts and records a finding or plea of guilty, and a prison sentence is pronounced, but is not executed. If the offender successfully completes the stay, the case is discharged, but the offender continues to have a record of a felony conviction, which is included in criminal history under section 2.B.
A stay of imposition occurs when the court accepts and records a finding or plea of guilty, but does not impose (or pronounce) a prison sentence. If the offender successfully completes the stay, the case is discharged, and the conviction is deemed a misdemeanor under Minn. Stat. § 609.13, but is still included in criminal history under Guidelines section 2.B.
A stayed sentence may be accomplished by either a stay of imposition or a stay of execution. There are two steps in sentencing: (1) the imposition of a sentence; and (2) 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. The court can stay the sentence at either of these points, and usually when this is done, the court will order the offender to serve a period of probation.
For offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, the 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.
For offenders committed to the Commissioner of Corrections for crimes committed on or after August 1, 1993, the term of imprisonment (incarceration) is a period of incarceration equal to two-thirds of the executed sentence.
