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Permissive Consecutive Sentencing

Guidelines Section 2.F.2

 
A permissive consecutive sentence means a judge has the discretion to order a sentence for a current offense to be served after a sentence for a prior offense, rather than simultaneously (concurrently), if certain conditions are met.
 

Criteria for Imposing Permissive Consecutive Sentences

Consecutive sentences are permissive (may be given without a departure) only in the situations specified in section 2.F.2. Consecutive sentences are permissive if the presumptive disposition for the current offense(s) is commitment to prison and one of the following applies: 
  • Prior Felony Sentence. A current felony conviction for a crime on the list in section 6 of offenses eligible for permissive consecutive sentences may be sentenced consecutively to a prior felony sentence that has not expired or been discharged of the prior felony conviction.......
    • .... is for a crime on the list 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 (Offenses Eligible for Permissive Consecutive Sentence List).
The presumptive disposition for the prior offense(s) must 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.
 
  • Multiple Current Felony Convictions. If the offender is being sentenced for multiple current felony convictions for crimes on the list of offenses eligible for permissive consecutive sentences, the convictions may be sentenced consecutively to each other.
  • Felony Conviction After Escape (Non-Executed Sentence). If the offender 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 may be sentenced consecutively to the sentence for the escape or the offense for which the offender was confined.

 
Other Offenses Eligible for Permissive Consecutive Sentencing
 
Consecutive sentences for the following offenses are always permissive and there is no dispositional departure if the sentences are executed.
 
  • Felony Escape. If the offender is convicted of felony escape from lawful custody – as defined in Minn. Stat. § 609.485 – and the offender did not escape from an executed term of imprisonment, disciplinary confinement, or reimprisonment (see section 2.F.1.a(1)(ii)), the escape may be sentenced consecutively to the sentence for which the offender was confined.
 
  • Felony Conviction After Escape (Executed Sentence). If the offender committed and is convicted for a new felony crime committed while on felony escape from lawful custody – as defined in Minn. Stat. § 609.485 – from an executed felony sentence, the new felony may be sentenced consecutively to the sentence for the escape.
 
  • Fleeing a Peace Officer; Criminal Sexual Conduct. The court may impose consecutive sentences as permitted under Minn. Stat. § 609.035, subds. 5 and 6 if both of the following occur:

 
List of Offenses Eligible for Permissive Consecutive Sentencing

Guidelines Section 6
 
Certain felony offenses are classified as eligible or ineligible for permissive consecutive sentencing. The Commission reviews felony offenses based on potential victim injury and previous sentencing patterns to determine what offenses are eligible for permissive consecutive sentencing.

More to Know


If the court pronounces a consecutive stayed sentence, 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 person completes the term of imprisonment and is placed on supervised release. 
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