Be aware that today the 2016 Minnesota Sentencing Guidelines (MSG) go into effect. Now if you or a client have recently been charged with a felony, you probably don’t need to worry about these new updated Guidelines. As explained on the front page, the Guidelines only apply to “felonies committed on or after the effective date,” so the 2015 Guidelines would still apply to you. These are still available in the Guidelines archive, along with all of the other old Guidelines going back to the original 1980 version.
The most notable change to the 2016 Guidelines pertains to drug offenses, essentially reducing penalties and enhancing treatment options for first-time offenders of small quantities. These changes were made as part of the goal of the Commission to send more addicts to treatment and reduce the state’s prison population. The Guidelines Commission adopted changes to reduce sentences for first-time offenders, and allow judges and prosecutors to use mitigating factors to reduce sentences for people with addiction issues. The commission added new aggravating factors, including selling drugs to a minor or selling drugs in a broad geographic area. Reflecting these changes is the incorporation of a whole new sentencing grid for drug offenders.
The Guidelines still allow judges much discretion in sentencing due to its use of mitigating factors, aggravating factors, and suggested sentencing ranges. They also allow judges additional flexibility to make departures from recommended sentences based on various factors, for which the judge must submit a departure report. Earlier this summer Ramsey District Court Judge Judith Tilsen gave a thoughtful interview for Minnesota Public Radio about a judge’s role in determining sentences, including application of the MSG grids.
When they first came about in 1980, the MSG were a groundbreaking tool. The Minnesota Sentencing Guidelines Commission was established by the Minnesota Legislature in 1978 with the task of eliminate gross disparities that might be related to race, income levels, or the judge who issued your sentence. Minnesota went on to become the first jurisdiction to implement state-wide sentencing guidelines drafted by a sentencing commission. Since their adoption, federal government has since adopted such guidelines and 19 states have also followed.
