| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.3455.3a(a)

Statute ID: 18244

Statute Function ID: 37516

Mandatory Sentence For Certain Engrained Offenders

In Effect

New Search Refine Search Back to Results

Penalty

Classifications

Offense Level:

Felony (F)

General Offense Code:

Person (1)

Offense Summary Code & Rank:

Criminal Sexual Conduct (L) (Rank 3)

Detailed Offense Code:

Sex Offense (119)

Offense Severity Level:

Function Text:

UCR Code

Description

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Yes

Enhanceable:

Yes

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

609.3455.3a(a)

Enactment Date:

Jun 30, 2021

Effective Date:

Sep 15, 2021

Expiration Date:

Repealed?:

Summary Text:

Mandatory Sentence For Certain Engrained Offenders

Statute ID:

18244

Created:

Sep 2, 2021 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 2, 2021 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2021 SS1 C11 Art4 Sect21; Amends (a)(1)

Summary Text:

Mandatory Sentence For Certain Engrained Offenders

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/3455.html

Legislative Session:

2021 - Special 1

Session Law Text?:

Statute text last updated on:

Sep 2, 2021

(a) A court shall commit a person to the commissioner of corrections for a period of time that is not less than double the presumptive sentence under the sentencing guidelines and not more than the statutory maximum, or if the statutory maximum is less than double the presumptive sentence, for a period of time that is equal to the statutory maximum, if:

(1) the court is imposing an executed sentence on a person convicted of committing or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, 609.3453, or 609.3458;

(2) the fact finder determines that the offender is a danger to public safety; and

(3) the fact finder determines that the offender's criminal sexual behavior is so engrained that the risk of reoffending is great without intensive psychotherapeutic intervention or other long-term treatment or supervision extending beyond the presumptive term of imprisonment and supervised release.

(b) The fact finder shall base its determination that the offender is a danger to public safety on any of the following factors:

(1) the crime involved an aggravating factor that would justify a durational departure from the presumptive sentence under the sentencing guidelines;

(2) the offender previously committed or attempted to commit a predatory crime or a violation of section 609.224 or 609.2242, including:

(i) an offense committed as a juvenile that would have been a predatory crime or a violation of section 609.224 or 609.2242 if committed by an adult; or

(ii) a violation or attempted violation of a similar law of any other state or the United States; or

(3) the offender planned or prepared for the crime prior to its commission.