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Minnesota Criminal Justice Statute Service
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609.1095.2
Statute ID:
7027
Statute Function ID:
4935
Dangerous Offenders-Increased Penalties-3rd Violent Crime
In Effect
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Function Details
History
Text
Penalty
Classifications
Offense Level:
Felony (F)
General Offense Code:
Offense Summary Code & Rank:
Detailed Offense Code:
Offense Severity Level:
Function Text:
UCR Code
Description
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
Yes
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.1095.2
Enactment Date:
Jan 1, 1859
Effective Date:
Aug 1, 1998
Expiration Date:
Repealed?:
No
Summary Text:
Dangerous Offenders-Increased Penalties-3rd Violent Crime
Statute ID:
7027
Created:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Last Update Action:
System
Legal Analyst Comment:
Summary Text:
Dangerous Offenders-Increased Penalties-3rd Violent Crime
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/1095.html
Legislative Session:
0 - NA
Session Law Text?:
No
Statute text last updated on:
Sep 1, 2006
Whenever a person is convicted of a violent crime that is a felony, and the judge is imposing an executed sentence based on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose an aggravated durational departure from the presumptive imprisonment sentence up to the statutory maximum sentence if the offender was at least 18 years old at the time the felony was committed, and: (1) the court determines on the record at the time of sentencing that the offender has two or more prior convictions for violent crimes; and (2) the factfinder determines that the offender is a danger to public safety. The factfinder may base its determination that the offender is a danger to public safety on the following factors: (i) the offender's past criminal behavior, such as the offender's high frequency rate of criminal activity or juvenile adjudications, or long involvement in criminal activity including juvenile adjudications; or (ii) the fact that the present offense of conviction involved an aggravating factor that would justify a durational departure under the Sentencing Guidelines.
