COMMISSION MEETING AGENDA

Transcription

1 Minnesota Sentencing Guidelines Commission 309 Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota Voice: (651) Fax: (651) TTY: 1(800) Ask for (651) Website: COMMISSION MEETING WHEN: Wednesday, January 27, :00 p.m. to 4:00 p.m. WHERE: Capitol Complex Minnesota Judicial Center, Room Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN AGENDA 1. Call to Order 2. Approval of Agenda (Action Item) 3. Approval of Draft Meeting Minutes from December 30, 2015 (Action Item) 4. Ratification of Provisions of the Annual Report to the Legislature (Action Item) Sentencing Practices Data Presentation (Discussion Item) 6. Continuation of Work Plan Discussion from July 22, 2015, Commission Meeting (Discussion Item) A. Previously Discussed Potential Work Plan Items B. New Potential Work Plan Items Meeting Schedule (Discussion Item) 8. Director s Report 9. Public Input Members of the public may speak for up to three minutes each, as governed by the Chair. 10. Adjournment If you require special accommodations to attend this meeting, please contact the Minnesota Sentencing Guidelines Commission staff as soon as possible. MSGC An Equal Opportunity Employer

2 Minnesota Sentencing Guidelines Commission Approved Meeting Minutes January 27, 2016 A meeting of the Minnesota Sentencing Guidelines Commission (MSGC) was held on January 27, 2016, in Room 225 of the Minnesota Judicial Center, 25 Reverend Dr. Martin Luther King, Jr. Blvd., St. Paul, MN Commission members present were Chair Justice Christopher Dietzen, Angela Champagne-From, Jeffrey Edblad, Sergeant Paul Ford, Judge Caroline Lennon, Cathryn Middlebrook, Commissioner of Corrections Tom Roy, Judge Heidi Schellhas, and Senior Judge Mark Wernick. MSGC staff members present were Executive Director Nate Reitz and staff members Anne Wall, Kathleen Madland, and Jill Payne. Assistant Attorney General Jim Early was also present. Members of the public present were Robert Small, Minn. County Attorneys Association; and Lisa Netzer, Minn. Department of Corrections. 1. Call to Order The Chair called the meeting to order at 2:00 p.m. 2. Approval of Agenda This was on the agenda as an action item. The Chair wished to amend the agenda and add a new item called Other Business. Motion by Sgt. Ford and second by Mr. Edblad to approve the meeting agenda as amended. Motion carried. 3. Approval of Meeting Minutes This was on the agenda as an action item. Motion by Judge Lennon and second by Judge Wernick to approve the meeting minutes from December 30, Motion carried.

3 4. Ratification of Provisions of the Annual Report to the Legislature This was on the agenda as an action item. The Chair directed members to two excerpts from the 2016 Report to the Legislature that were in the meeting materials. The first excerpt was in the Recommendations to the Legislature section (p. 6), and the second was in the Non-Legislative Modifications to Controlled Substance Offenses section (pp ). Each excerpt contained a footnote explaining, in part, that the some of the content, while not formally adopted by the Commission as a body, was consistent with the Commission s discussion at the time of the adoption of the pertinent policy. The Chair stated that he wished to make a motion to ratify the text of the report to accurately reflect the reasons that the Commission took action on those particular items. Motion by Chair Dietzen and second by Mr. Edblad to ratify the text of the annual Report to the Legislature with the following two modifications: First, to remove the footnote on page 6 and to replace the asterisk with the following text in the body of the report: The author of the motion indicated the following reasoning in support of the motion. Second, to remove the footnote on page 16 and to replace the asterisk with the following text in the body of the report: The author of the motion presented four reasons in support of this conclusion. Motion carried Sentencing Practices Data Presentation This item had been tabled on December 30, 2015, and was on the agenda as a discussion item. The Chair called on research staff to present the 2014 sentencing practices summary data. Senior Research Analysis Specialist Anne Wall presented data on volume of offenders by offense type; percent change in number of offenders; distribution of offenders by race, ethnicity, and judicial district; total incarceration rates by gender, race, ethnicity, and judicial district; average prison sentences and confinement in local correctional facilities; and departures. The Commission asked questions and discussed the trend data. 6. Continuation of Work Plan Discussion from July 22, 2015, Commission Meeting This was on the agenda as a discussion item. The Chair called on the Executive Director who presented a continuation of the work plan originally discussed on July 22, The work plan was updated to show the projects that the Commission had finished. New potential work plan items were also brought to the Commission s consideration. Approved MSGC Meeting Minutes 2 January 27, 2016

4 The Chair called on members to list the items that they would like to focus on in Some items discussed, not necessarily in order of priority, included: practitioner and staff issues (e.g., make non-minnesota offense policy consistent, EJJ policy discussion, remove decimals on attempted murder grid, and technical modifications); address repeat violent offender sentencing; expand impermissible reasons for departure; review unranked offenses; examine criminal history scores; address high departure rate offenses; and address mandatory minimum offenses (for felon in possession of a firearm, in particular). The Chair suggested that the Commission settle on a work plan at its next meeting, February 24, Because it was time-sensitive, a member suggested that the Commission address the repeat violent offender sentencing issue at its February meeting, before the start of the legislative session on March 8, This issue had been brought to the Commission by Anarae Schunk s surviving family members, who had requested the Commission s support for their proposal for stiffer mandatory sentences for repeat violent offenders. Another member wished to discuss Senate File 2109, which was introduced on April 22, 2015, and is on the February 24, 2016, Prison Population Task Force agenda. The bill establishes a program for release of inmates under the custody of the Commissioner of Corrections. Inmates must petition for release. The petitions may be vetoed by the Commissioner. Petitions not vetoed by the Commissioner are reviewed by a three-judge panel. Motion by Mr. Edblad and second by Judge Schellhas to oppose Senate File 2109, 89th Minn. Legislature, as introduced, as inconsistent with the goals of the Sentencing Guidelines. A discussion ensued. Motion failed on a 4-4 vote, with Commissioner Roy abstaining Meeting Schedule This was on the agenda as a discussion item. The Chair called on the Executive Director who presented the tentative meeting calendar and a suggested meeting calendar for On the suggested meeting calendar, the May and June meeting are combined and held June 8, The November meeting is November 9, 2016, so as not to conflict with Thanksgiving and to allow adequate time for publishing a public hearing notice if the Commission wished to hold a December public hearing. Motion by Commissioner Roy and second by Sgt. Ford to approve the suggested meeting calendar. Approved MSGC Meeting Minutes 3 January 27, 2016

5 Motion carried. 8. Executive Director s Report Executive Director Reitz reported that the Prison Population Task Force will meet the morning of February 24, 2016, and, as previously discussed at this meeting, Senate File 2109 is on the agenda. The Director reported that staff is updating the Minnesota Sentencing Guidelines and Commentary Annotated (Minnesota State Bar Association Continuing Legal Education, 1995). The publisher has released the copyright to MSGC. Staff intends to revive it and update it for publication August 1, Executive Director Reitz stated that this is a staff research project and would not be intended to articulate any official policy position of the Minnesota Sentencing Guidelines Commission. The Commission asked to see the revised edition before publication. The Executive Director reported that he had not been made aware of any legislative effort not to permit the Commission s modifications to go into effect August 1, Lastly, the Executive Director reported that Judge Lennon had been reappointment to the Commission for a four-year term commencing January 5, Members congratulated Judge Lennon. 9. Other Business Chair Dietzen said that he was in the process of evaluating the Executive Director s performance and requested feedback from other Commission members on that topic. 10. Public Input The Chair called on members of the public present and asked if anyone wished to speak. No member of the public came forward. 11. Adjournment Motion to adjourn by Judge Lennon and second by Ms. Middlebrook. Motion carried. The meeting was adjourned at 4:08 p.m. Approved MSGC Meeting Minutes 4 January 27, 2016

6 Minnesota Sentencing Guidelines Commission 309 Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota Voice: (651) Fax: (651) TTY: 1(800) Ask for (651) Website: COMMISSION MEETING WHEN: Wednesday, March 23, :00 p.m. to 4:00 p.m. WHERE: Capitol Complex Minnesota Judicial Center, Room Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN AGENDA 1. Call to Order 2. Approval of Agenda (Action Item) 3. Approval of Draft Meeting Minutes from January 27, 2016 (Action Item) 4. Update on Robina Institute s Criminal History Project (Discussion Item) Guest Presenter: Robina Institute Research Fellow Rhys Hester, J.D., Ph.D. 5. Criminal History Score Overview, Part 1: Introduction (Discussion Item) 6. Legislative Update (Discussion Item) 7. Determine 2016 Work Plan (Action Item) MSGC An Equal Opportunity Employer

7 Minn. Sentencing Guidelines Commission Meeting Agenda Page 2 8. April 27 Meeting Schedule (Possible Action Item) Alternative dates for discussion: May 11, May 4, and no change. 9. Review of Updated Executive Director Position Description (Action Item) 10. Director s Report 11. Public Input Members of the public may speak for up to three minutes each, as governed by the Chair. 12. Adjournment If you require special accommodations to attend this meeting, please contact the Minnesota Sentencing Guidelines Commission staff as soon as possible.

8 Minnesota Sentencing Guidelines Commission Approved Meeting Minutes March 23, 2016 A meeting of the Minnesota Sentencing Guidelines Commission (MSGC) was held on March 23, 2016, in Room 225 of the Minnesota Judicial Center, 25 Reverend Dr. Martin Luther King, Jr. Blvd., St. Paul, MN Commission members present were Chair Justice Christopher Dietzen, Angela Champagne-From, Jeffrey Edblad, Sergeant Paul Ford, Judge Caroline Lennon, Cathryn Middlebrook, Commissioner of Corrections Tom Roy, Judge Heidi Schellhas, and Senior Judge Mark Wernick. MSGC staff members present were Executive Director Nate Reitz and staff members Anne Wall and Kathleen Madland. Members of the public present were Julian Roberts, Sentencing Council of England and Wales; Joshua Esmay, Council on Crime and Justice; Toya Woodland, ISAIAH; and Lisa Netzer, Minn. Department of Corrections. 1. Call to Order The Chair called the meeting to order at 2:00 p.m. 2. Approval of Agenda This was on the agenda as an action item. Motion by Sgt. Ford and second by Judge Lennon to approve the meeting agenda. Motion carried. 3. Approval of Meeting Minutes This was on the agenda as an action item. Motion by Sgt. Ford and second by Judge Lennon to approve the meeting minutes from January 27, 2016, as amended. Motion carried. 4. Update on Robina Institute s Criminal History Project This was on the agenda as a discussion item. Guest presenter, Robina Institute Research Fellow Rhys Hester, J.D., Ph.D., updated the Commission on the Robina Institute s Criminal History Project.

9 This project will explore the extent to which the Minnesota Guidelines Criminal History Score predicts recidivism. The project pairs MSGC data from offenders sentenced in 2003 and 2004 with follow-up conviction data obtained from the Minnesota Bureau of Criminal Apprehension. The analyses will also compare the relative predictability provided by the sub-components of the MN CHS (felony points, misdemeanor points, juvenile points, and custody status points). The Commission asked questions and discussed different aspects of the Robina Institute s project. 5. Criminal History Score Overview, Part 1: Introduction The Executive Director presented a criminal history score overview to the Commission. This overview included the authors of the Guidelines originally proposed sentencing purposes, the role of criminal history in punishment, the components of Minnesota s criminal history score, and how criminal history scores have changed over time. 6. Legislative Update This was on the agenda as a discussion item. The Executive Director updated the Commission on legislative action that may be of importance to the Commission. This included updates on HF 2888 Rejection of Recommendations of Controlled Substance Offenses; HF 3223 House Offenders in Nonpublicly Owned Facilities; and SF 2109 Correctional Inmate Release Program. Motion by Mr. Edblad and second by Judge Schellhas to oppose Senate File 2109, 89 th Minn. Legislature, as introduced and in the form as presented at the February 24, 2016, meeting of the Prison Population Task Force, and any other bill similar in scope, as inconsistent with the goals of the Sentencing Guidelines. A discussion ensued. Motion carried. 7. Determine 2016 Work Plan This was on the agenda as an action item. During the January 27, 2016 meeting, the Chair called on the Executive Director who presented a continuation of the work plan originally discussed on July 22, During the January 27, 2016 meeting, the work plan was updated to show the projects that the Commission had finished. New potential work plan items were also brought to the Commission s consideration. Approved MSGC Meeting Minutes 2 March 23, 2016

10 The Commission came to a consensus that the next meeting will include an action item of non-legislative technical modifications to the Guidelines and a discussion item of an introduction of proportionality in sentencing. 8. April 27 Meeting Schedule This was on the agenda as a possible action item due to the Executive Director s required military leave on April 27. Alternative dates of May 11 and May 4 were discussed. The consensus of the Commission was to keep the April 27 meeting on the calendar as previously scheduled. Staff explained that, in the Executive Director s absence, the discussion item of introduction of proportionality in sentencing will need to be postponed. 9. Review of Updated Executive Director Position Description This was on the agenda as an action item. The updated Executive Director Position Description had been revised to include a position purpose, and the principal responsibilities, tasks, and performance indicators were revised to more closely align with the statutory requirements of the position. Motion by Commissioner Roy and second by Mr. Edblad to approve the updated Executive Director Position Description. Motion carried. 10. Executive Director s Report Executive Director Reitz relayed to the Commission an invitation he received to attend a meeting of an advisory group to inform a collaborative of Twin Cities organizations seeking to address racial disparity in the Ramsey County judicial system, and inquired as to any Commission member s interest in attending on behalf of the Commission. The Director inquired as to the Commission s interest in taking a group photograph, for purposes of posting on the MSGC website, at some point in the future. 11. Public Input The Chair called on members of the public present and asked if anyone wished to speak. No member of the public came forward. 12. Adjournment Motion to adjourn by Judge Schellhas and second by Ms. Middlebrook. Approved MSGC Meeting Minutes 3 March 23, 2016

11 Motion carried. The meeting was adjourned at 4:03 p.m. Approved MSGC Meeting Minutes 4 March 23, 2016

12 Minnesota Sentencing Guidelines Commission 309 Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota Voice: (651) Fax: (651) TTY: 1(800) Ask for (651) Website: COMMISSION MEETING WHEN: Wednesday, April 27, :00 p.m. to 4:00 p.m. WHERE: Capitol Complex Minnesota Judicial Center, Room Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN AGENDA 1. Call to Order 2. Approval of Agenda (Action Item) 3. Approval of Draft Meeting Minutes from March 23, 2016 (Action Item) 4. Vice-Chair Election (Possible Action Item) 5. Non-Legislative Modifications (Possible Action Items) A. Assigning a Second Custody Status Point B. Decimals in Conspiracy/Attempted Murder, 1 st Degree Grid C. Clarify Non-Minnesota Offense Definitions D. Other Technical Items 6. Legislative Update (Discussion Item) 7. Public Input Members of the public may speak for up to three minutes each, as governed by the Chair. MSGC An Equal Opportunity Employer

13 Minn. Sentencing Guidelines Commission Meeting Agenda Page 2 8. Adjournment If you require special accommodations to attend this meeting, please contact the Minnesota Sentencing Guidelines Commission staff as soon as possible.

14 Minnesota Sentencing Guidelines Commission Approved Meeting Minutes April 27, 2016 A meeting of the Minnesota Sentencing Guidelines Commission (MSGC) was held on April 27, 2016, in Room 225 of the Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King, Jr. Blvd., St. Paul, MN Commission members present were Chair Justice Christopher Dietzen, Angela Champagne-From, Jeffrey Edblad, Sergeant Paul Ford, Judge Caroline Lennon, Cathryn Middlebrook, Judge Heidi Schellhas, Yamy Vang, and Senior Judge Mark Wernick. MSGC staff members present were Anne Wall and Jill Payne. Assistant Attorney General Jim Early was also present. Members of the public present were Anita Alexander, ISAIAH; and Beth Kelly and Lisa Netzer, Minn. Department of Corrections. 1. Call to Order Chair Dietzen called the meeting to order at 2:00 p.m. 2. Approval of Agenda This was on the agenda as an action item. Motion by Judge Schellhas and second by Judge Lennon to approve the meeting agenda. Motion carried. 3. Approval of Meeting Minutes This was on the agenda as an action item. The Commission discussed committing to a future practice of recording in the minutes the number of votes for or against contested motions. There were no objections. Motion by Judge Lennon and second by Ms. Middlebrook to approve the meeting minutes from March 23, 2016.

15 4. Vice-Chair Election This was on the agenda as a possible action item. Chair Dietzen stated that continuity was important for the Vice-Chair position and recognized Judge Schellhas s long service on the Commission. Chair Dietzen called for nominations. Mr. Edblad nominated Judge Schellhas to serve as Vice-Chair, which was seconded by Ms. Vang. Chair Dietzen called three times for any other nominations and, hearing none, closed nominations and called for the election of Judge Schellhas as Vice-Chair by acclamation. Motion carried by unanimous consent. 5. Non-Legislative Modifications This was on the agenda as a possible action item. Chair Dietzen asked staff to present the non-legislative modifications. Additionally, Chair Dietzen asked staff to ensure that there was a process in place to proofread the Guidelines and Commentary in its entirety to ensure oversights requiring modifications do not occur in the future. A. Assigning a Second Custody Status Point Senior Research Analysis Specialist Jill Payne explained that the word and, which previously joined the two requirements for a second custody status point, appeared to have been inadvertently deleted during the 2012 Guidelines rewrite. A discussion ensued. Motion by Mr. Edblad and second by Vice-Chair Schellhas to modify Guidelines 2.B.2.b, as shown below, to clarify that that both a current sex offense, as described in 2.B.2.b(1), and a custody status for a prior sex offense, as described in 2.B.2.b(2), are required for the assignment of two custody status points, with the clarification to take effect August 1, MSGC Meeting Minutes 2 April 27, 2016

16 [Section 2.]B. Criminal History 2. Custody Status at the Time of the Offense. b. Two Custody Status Points. Assign two custody status points if: (1) the current conviction offense is an offense on the Sex Offender Grid other than Failure to Register as a Predatory Offender (Minn. Stat ); and (2) the offender qualifies for one custody status point, as described in section a, above, for an offense currently found on the Sex Offender Grid other than Failure to Register as a Predatory Offender (Minn. Stat ). B. Decimals in the Conspiracy/Attempted Murder, 1 st Degree Grid Ms. Payne explained that the Conspiracy/Attempted Murder Grid displays decimals in the lower range at Criminal History Scores 1, 3, and 5 which is inconsistent with the other grids and adds mathematical complexity for the sentencing judge. A discussion ensued. Motion by Vice-Chair Schellhas and second by Ms. Vang to modify the Grid in Guidelines 2.G.11, as shown below, to display whole numbers in the lower ranges of the Grid at Criminal History Scores 1, 3, and 5, with the modification taking effect August 1, MSGC Meeting Minutes 3 April 27, 2016

17 Section 2.G Convictions for Attempts, Conspiracies, and Other Sentence Modifiers 11. Attempt or Conspiracy to Commit First-Degree Murder. When an offender is sentenced for attempt or conspiracy to commit murder in the first degree under Minn. Stat or murder of an unborn child in the first degree under Minn. Stat , the presumptive disposition is commitment. The presumptive durations are as follows: SEVERITY LEVEL OF CONVICTION OFFENSE Conspiracy / Attempted Murder, 1 st Degree CRIMINAL HISTORY SCORE or More Minn. Stat requires that the Guidelines provide a range for sentences that are presumptive commitment to state imprisonment of 15% lower and 20% higher than the fixed duration displayed, provided that the minimum sentence is not less than one year and one day and the maximum sentence is not more than the statutory maximum. See section 2.C.1-2. C. Clarify Non-Minnesota Offense Definitions Ms. Payne explained that the definitions in 2.B.5 for Non-Minnesota offenses are not clear following the 2012 Guidelines rewrite. A discussion ensued. Motion by Judge Wernick and second by Sgt. Ford to modify Guidelines 2.B.5.b, as shown below, to clarify that the policy for classifying non-minnesota prior offenses is, like the policy for classifying Minnesota prior offenses, based on offense definitions and sentencing polices in effect when the current Minnesota offense was committed, with the modification taking effect August 1, MSGC Meeting Minutes 4 April 27, 2016

18 Section 2.B.5. Criminal History 5. Convictions from Jurisdictions other than Minnesota. b. How to Count. Find the equivalent Minnesota offense based on the elements of the prior non-minnesota offense. The section in which to count the non- Minnesota offense in criminal history depends on: whether the offense is defined as a felony, gross misdemeanor, or targeted misdemeanor in Minnesota; and the sentence imposed. An offense may be counted as a felony only if it would both be defined as a felony in Minnesota, and the offender received a sentence that in Minnesota would be a felony-level sentence, which includes the equivalent of a stay of imposition. The offense definitions in effect when the current Minnesota offense was committed govern the designation of non- Minnesota convictions as felonies, gross misdemeanors, or misdemeanors. D. Other Technical Items 1. Ms. Payne explained that Guidelines 8 lists all statutorily defined targeted misdemeanors, according to Minn. Stat. 299C.10, subd. 1(e). Violation of a domestic abuse no contact order under Minn. Stat is listed out of numerical order. Motion by Judge Lennon and second by Vice-Chair Schellhas to modify the list by putting violation of a domestic abuse no contact order under Minn. Stat , in numerical order, as shown below, with the correction to take effect August 1, Section 8. Targeted Misdemeanor List (As provided for in Minn. Stat. 299C.10, subd. 1(e)) MSGC Meeting Minutes 5 April 27, 2016

19 Under Minn. Stat. 299C.10, subd. 1(e), a targeted misdemeanor is a misdemeanor violation of: Statute Number Offense Title 169A.20 Driving While Impaired 518B.01; Order for Protection Violation Assault 5th Degree Domestic Assault Interference with Privacy Harassment or Restraining Order Violation Indecent Exposure Domestic Abuse No Contact Order Violation 2. Ms. Payne explained that a violation of the corporate political contributions law under Minn. Stat. 211B.15 is a felony with a five-year statutory maximum. The offense is inadvertently omitted from Guidelines 5. The law prohibits a corporate officer, manager, stockholder, member, agent, employee, attorney, or other representative from knowingly making a contribution to a political party, organization, committee, or individual to promote or defeat the candidacy of an individual for nomination, election, or appointment to a political office. Motion by Vice-Chair Schellhas and second by Judge Wernick to designate a violation of the corporate political contributions law under Minn. Stat. 211B.15, as unranked in Guidelines 5, as shown below, with the modification to take effect August 1, Section 5.A. Offense Severity Reference Table Offenses subject to a mandatory life sentence, including first-degree murder and certain sex offenses under Minn. Stat , subdivision 2, are excluded from the Guidelines by law. MSGC Meeting Minutes 6 April 27, 2016

20 Severity Level UNRANKED Offense Title Concealing Criminal Proceeds; Engaging in Business Statute Number ; Corporate Political Contribution Violations 211B.15 Corrupting Legislator Section 5.B. Severity Level by Statutory Citation Offenses subject to a mandatory life sentence, including first-degree murder and certain sex offenses under Minn. Stat , subdivision 2, are excluded from the Guidelines by law. Statute Number Offense Title Severity Level 211B.13 Bribery, Advancing Money, and Treating Prohibited 4 211B.15 Corporate Political Contribution Violations Unranked Issuing a Receipt for Goods One Does Not Have Unranked Chair Dietzen next addressed other non-legislative modifications that may be considered as part of the Commission s work plan and reminded members of the areas of interest that have been previously discussed including vertical grid axis (severity level) proportionality and examining criminal history scores. Chair Dietzen called for other ideas from members. A member suggested that the Commission look at how the MSGC Meeting Minutes 7 April 27, 2016

21 targeted misdemeanor policy disproportionally affects defendants of color. Another member wanted to ensure that the Commission looked at how predictive the criminal history score is on recidivism. Chair Dietzen indicated that the Commission would review its work plan at the June 8, 2016, meeting. 6. Legislative Update This was on the agenda as a discussion item. Senior Research Analysis Specialist Anne Wall presented a staff summary of the drug sentencing reform act (Senate File A3). The Commission asked questions and discussed the bill. Judge Lennon announced that she had been asked to record an elearning video for judges about sentencing issues. She asked members and staff to forward any ideas to her on topics that should be covered. 7. Public Input Chair Dietzen called on members of the public present and asked if anyone wished to speak. No member of the public came forward. Adjournment Motion to adjourn by Sgt. Ford and second by Vice-Chair Schellhas. The meeting was adjourned at 3:15 p.m. MSGC Meeting Minutes 8 April 27, 2016

22 Minnesota Sentencing Guidelines Commission 309 Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota Voice: (651) Fax: (651) TTY: 1(800) Ask for (651) Website: WHEN: Wednesday, June 8, 2016 Noon* to 4:00 p.m. COMMISSION MEETING WHERE: Capitol Complex Administration Building, Conference Room 116B 50 Sherburne Avenue St. Paul, MN AGENDA 1. Call to Order 2. Approval of Agenda (Action Item) 3. Approval of Draft Meeting Minutes from April 27, 2016 (Action Item) 4. Guidelines Modifications Relating to New and Amended Crimes Created or Amended by the Legislature (Action Item) A. Controlled Substance Modifications B. Non-Controlled Substance Modifications 5. Technical Modification: Appendix 2 Dangerous Weapons Offense Reference Table (Action Item) 6. Executive Director s Report (Discussion Item) 7. Public Input Members of the public may speak for up to three minutes each, as governed by the Chair. 8. Adjournment If you require special accommodations to attend this meeting, please contact the Minnesota Sentencing Guidelines Commission staff as soon as possible. * Although the formal agenda will not begin without a quorum, staff will begin presenting at noon regardless. MSGC An Equal Opportunity Employer

23 Minnesota Sentencing Guidelines Commission Approved Meeting Minutes June 8, 2016 A meeting of the Minnesota Sentencing Guidelines Commission (MSGC) was held on June 8, 2016, in Conference Room 116B of the Administration Building, 50 Sherburne Ave., St. Paul, MN Present were Commission Chair Justice Christopher Dietzen, Commission Vice-Chair Judge Heidi Schellhas, and Commission members Angela Champagne-From, Sergeant Paul Ford, Judge Caroline Lennon, Cathryn Middlebrook, Commissioner of Corrections Tom Roy, Yamy Vang, and Senior Judge Mark Wernick. Also present were MSGC Executive Director Nate Reitz and MSGC staff members Kathleen Madland, Linda McBrayer, Jill Payne, Manire Vaughn, and Anne Wall. Assistant Attorney General Jim Early was also present. Members of the public present were Emily Lefholz, Senate Judiciary Committee Administrator; Lisa Netzer, Minn. Department of Corrections; and Robert Small, Executive Director of the Minn. County Attorneys Association. 1. Call to Order Vice-Chair Schellhas called the meeting to order at 12:00 p.m. 2. Approval of Agenda This was on the agenda as an action item. Motion by Sgt. Ford and second by Ms. Vang to approve the meeting agenda. 3. Approval of Draft Meeting Minutes from April 27, 2016 This was on the agenda as an action item. Motion by Commissioner Roy and second by Ms. Vang to approve the meeting minutes from April 27, 2016.

24 During the ensuing discussion, it was agreed that this agenda item should be tabled pending the arrival of the Chair, who was engaged elsewhere for the first fifteen minutes of the meeting. Without objection, the motion was laid on the table. 4. Guidelines Modifications Relating to New and Amended Crimes Created or Amended by the Legislature This was on the agenda as an action item. Vice-Chair Schellhas called on the Executive Director to present the issues. A. Controlled Substance Modifications Executive Director Nate Reitz gave a presentation on the changes made to controlled substance laws in 2016 Minn. Laws, Chapter 160 what was altered from the Commission s proposal in its 2016 Report to the Legislature and what was not, controlled substance threshold changes, the new gross misdemeanor 5 th degree possession offense, the new aggravated 1 st degree controlled substance offense, new aggravating factors, changes to the mandatory minimum penalties, and other changes. The Executive Director then focused his presentation on the amendments resulting from the act that would mandate modifications to the Guidelines. The Commission discussed each section of the Guidelines affected by the amendments and took a separate vote on each section s modifications. 1) Modification to Guidelines 1.B. Motion by Commissioner Roy and second by Judge Wernick to modify Guidelines 1.B.13 and 1.B.17, as shown below, effective August 1, 2016, following public hearing. Section 1.B. Definitions As used in these Sentencing Guidelines (or Guidelines ), the following terms have the meanings given. Approved MSGC Meeting Minutes 2 June 8, 2016

25 13. Presumptive Sentence. a. Presumptive Disposition. b. Presumptive Duration. The presumptive duration is the recommended fixed sentence length in months found in the appropriate cell on the applicable Grid. c. Presumptive Range. The presumptive range is provided for a sentence that is a presumptive commitment. Pursuant to Minn. Stat , subd. 5(2), the range is 15 percent lower and 20 percent higher than the fixed duration displayed in each cell on the Grids. d. Lower Range. The lower range is that portion of the presumptive range that is shorter than the fixed presumptive duration. 17. Severity Level. The severity level is a ranking assigned to each felony offense by the Sentencing Guidelines Commission to indicate the seriousness of the offense. The vertical axis on the applicable grid represents the severity of the conviction offense. Felony offenses, other than sex and drug offenses, are arranged on the Standard Grid into eleven levels of severity, ranging from high (Severity Level 11) to low (Severity Level 1). Sex offenses are arranged on the Sex Offender Grid into eight severity levels, ranging from high (Severity Level A) to low (Severity Level H). Drug offenses are arranged on the Drug Offender Grid into nine levels of severity, ranging from high (Severity Level D9) to low (Severity Level D1). Offenses listed within each severity level are deemed equally serious. 2) Modifications to Guidelines 2.B.1. Motion by Judge Wernick and second by Sgt. Ford to modify Guidelines 2.B.1.a and 2.B.1.b, as shown below, effective August 1, 2016, following public hearing. Section 2.B. Criminal History Approved MSGC Meeting Minutes 3 June 8, 2016

26 1. Prior Felonies. Assign a particular weight, as set forth in paragraphs a and b, to each extended jurisdiction juvenile (EJJ) conviction and each felony conviction, provided that a felony sentence was stayed or imposed before the current sentencing or a stay of imposition of sentence was given before the current sentencing. a. Current Offense on Standard Grid or Drug Offender Grid. If the current offense is not on the Sex Offender Grid, determine the weight assigned to each prior felony sentence according to its severity level, as follows: Current Offense on Standard Grid or Drug Offender Grid SEVERITY LEVEL POINTS 1 2, D1 D2 ½ 3 5, D3 D , D6 D7 1 ½ 9 11, D8 D9 2 Murder 1 st Degree 2 A 2 B E 1 ½ F G 1 H ½ (for first offense); 1 (for subsequent offenses) b. Current Offense on Sex Offender Grid. If the current offense is on the Sex Offender Grid, determine the weight assigned to each prior felony sentence according to its severity level, as follows: Current Offense on Sex Offender Grid SEVERITY LEVEL POINTS 1 2, D1 D2 ½ 3 5, D3 D , D6 D7 1 ½ 9 11, D8 D9 2 Murder 1 st Degree 2 A 3 B C 2 Approved MSGC Meeting Minutes 4 June 8, 2016

27 D E 1 ½ F G 1 H ½ (for first offense); 1 (for subsequent offenses) 3) Modifications to Guidelines 2.B.2. Motion by Judge Wernick and second by Commissioner Roy to modify Guidelines 2.B.2a(2), effective August 1, 2016, following public hearing. A discussion ensued. Motion withdrawn. 4) Modifications to Guidelines 2.C. Motion by Vice-Chair Schellhas and second by Judge Wernick to modify Guidelines 2.C.1 and 2.C.3.c, and associated commentary, as shown below, effective August 1, 2016, following public hearing. Section 2.C. Presumptive Sentence 1. Finding the Presumptive Sentence. The presumptive sentence for a felony conviction is found in the appropriate cell on the applicable Grid located at the intersection of the criminal history score (horizontal axis) and the severity level (vertical axis). Each cell on the Grids provides a fixed sentence duration. Minn. Stat requires that the Guidelines provide a range for sentences that are presumptive commitments. For cells above the solid line, the Guidelines provide both a fixed presumptive duration and a range of time for that sentence except as provided in section 2.C.3.c(1). The shaded areas of the grids do not display ranges. If the duration for a sentence that is a presumptive commitment is found in a shaded area, the standard range 15 percent lower and 20 percent higher than the fixed duration displayed is permissible without Approved MSGC Meeting Minutes 5 June 8, 2016

28 departure, provided that the minimum sentence is not less than one year and one day, and the maximum sentence is not more than the statutory maximum. 3. Finding the Presumptive Sentence for Certain Offenses. c. Controlled Substance Offenses. (1) Certain First-Degree Offenses. If the current conviction is for controlled substance crime in the first degree and the penalty statute is Minn. Stat , subd. 3(c) (related to sale or possession of at least 100 grams or 500 dosage units of certain controlled substances), or if the current conviction is for aggravated controlled substance crime in the first degree, then the lower range, although displayed on the Drug Offender Grid, is excluded from what would otherwise be the presumptive range for that offense. (2) Subsequent Controlled Substance Convictions. If the current conviction offense is for a controlled substance crime in the first, or second, or third degree and is a subsequent controlled substance conviction as defined in Minn. Stat , subd. 16a, the presumptive disposition is commitment. A stay of adjudication under Minn. Stat that occurred before August 1, 1999 is not a prior disposition under Minn. Stat , subd. 16a. The prior dispositions listed in Minn. Stat , subd. 16a, trigger Such a conviction triggers the presumptive commitment unless more than ten years have elapsed since discharge from sentence or stay of adjudication. The presumptive duration for a controlled substance conviction falling under this section is the fixed duration indicated in the appropriate cell on the Drug Offender Grid, or the mandatory minimum, whichever is longer. Comment 2.C.10. Because a stay of adjudication is not a felony conviction, the Guidelines do not apply unless and until the stay is vacated and conviction is entered. Minn. Stat , subdivisions 3(c) and 3(d), exclude the lower range, as defined in section 1.B.13.d, from what would otherwise be the presumptive range. While the mandatory-minimum provision of subd. 3(c) may be waived for an offender sentenced for a first-degree possession crime who had not previously been convicted of controlled substance crime in the first, second, or third degree, a sentence duration that is shorter than the fixed presumptive sentence, even if within the lower range, is nevertheless a mitigated Approved MSGC Meeting Minutes 6 June 8, 2016

29 durational departure if subd. 3(c) applies. Under either subdivision, the presumptive disposition is commitment. 2.C.11. The special penalty provisions for subsequent controlled substance convictions do not apply to current offenses of aggravated controlled substance crime in the first degree. 5) Modifications to Guidelines 2.E. Motion by Vice-Chair Schellhas and second by Commissioner Roy to modify Guidelines 2.E.2.c, and associated commentary, as shown below, effective August 1, 2016, following public hearing. Section 2.E. Mandatory Sentences 2. Specific Statutory Provisions. c. Subsequent Drug Controlled Substance Offenses Involving a Dangerous Weapon. Pursuant to Minn. Stat , subd. 5a, some drug offenses committed with a dangerous weapon may be subject to one of the following two provisions. (1) Certain Aggravated First-Degree Offenses. If an offender is sentenced for aggravated controlled substance crime in the first degree under Minn. Stat , subd. 2b(2), and is also subject to Minn. Stat , subd. 5a, the presumptive duration is the mandatory minimum sentence described in section 2.C.3.c(1) added to the mandatory minimum sentence for the dangerous weapon involvement found in Minn. Stat , subd. 4 or 5. (2) Subsequent Controlled Substance Offenses. If an offender is sentenced for a second or subsequent drug controlled substance offense and is subject to Minn. Stat , subd. 5a, the presumptive duration is the longer of either: (1) (i) the mandatory minimum sentence for the subsequent drug controlled substance offense added to the mandatory minimum sentence for the dangerous weapon involvement; or Approved MSGC Meeting Minutes 7 June 8, 2016

30 (2) (ii) the presumptive duration for the subsequent drug controlled substance offense provided in the appropriate cell on the Standard Grid and limited, if applicable, by section 2.C.3.c(1). 2.E.05. Minn. Stat , subd. 5a, applies to aggravated controlled substance crime in the first degree only if the offender is convicted under Minn. Stat , subd. 2b(2), and the crime was committed with a firearm or other dangerous weapon. Example: An offender with a Criminal History Score of 3 possessed 100 grams of cocaine. Because two of the aggravating factors listed in Minn. Stat , subd. 24, were present, the offender is convicted of aggravated controlled substance crime in the first degree under Minn. Stat , subd. 2b(2). It is also proven that the offender was in possession of a firearm, although the firearm possession was not an element of the crime. The mandatory minimum sentence would be 158 months, calculated as follows: 122 months Mand. Min. (section 2.C.3.c(1); Severity Level D9, Criminal History Score of 3) + 36 months Mand. Min. for weapon (Minn. Stat , subd. 5(a)) =158 months Minn. Stat , subd. 5a, does not apply to Minn. Stat , subd. 2b(1), which, by definition, involves the use or possession of a firearm. 2.E.05 2.E.06. Minn. Stat , subd. 5a, states that for a subsequent drug controlled substance offense involving a weapon, the mandatory minimum duration for the drug offense and the mandatory minimum duration for the weapon offense are added together. The Guidelines presumptive duration is determined by comparing the total sum of the combined mandatory minimums and the duration found in the appropriate cell on the Standard Drug Offender Grid for the subsequent drug controlled substance offense; the presumptive duration is the longer of the two. For example: A third seconddegree drug offender with a Criminal History Score of 3 2 is convicted of a subsequent controlled substance offense and was in possession of a firearm. Mandatory Minimums: 2436 months Mand. Min. (Minn. Stat , subd. 3(b)) + 36 months Mand. Min (Minn. Stat , subd. 5(a)) Approved MSGC Meeting Minutes 8 June 8, 2016

31 =6072 months vs. Grid Cell: =3968 months (Severity Level 6D7; Criminal History Score of 3 2) 6) Modifications to Guidelines 4.C. Motion by Commissioner Roy and second by Sgt. Ford to modify Guidelines 4.C, as shown below, effective August 1, 2016, following public hearing. Approved MSGC Meeting Minutes 9 June 8, 2016

32 Section 4.C. Drug Offender Grid Presumptive sentence lengths are in months. Italicized numbers within the grid denotes range within which a court may sentence without the sentence being deemed a departure. Offenders with stayed felony sentences may be subjected to local confinement. SEVERITY LEVEL OF CONVICTION OFFENSE (Example offenses listed in italics) Aggravated Controlled Substance Crime, 1st Degree D9 Manufacture of Any Amt. Meth CRIMINAL HISTORY SCORE * * * * * * or more *-189 Controlled Substance Crime, 1st Degree D * * * * * * *-150 Controlled Substance Crime, 2nd Degree D Controlled Substance Crime, 3rd Degree Failure to Affix Stamp D Possess Substances with Intent to Manufacture Meth D Controlled Substance Crime, 4th Degree D Meth Crimes Involving Children and Vulnerable Adults D Controlled Substance Crime, 5th Degree Sale of Simulated Controlled Substance D D * Lower range may not apply. See section 2.C.3.c(1) and Minn. Stat , subdivisions 3(c) & 3(d) =One year and one day Presumptive commitment to state imprisonment. Presumptive stayed sentence; at the discretion of the court, up to one year of confinement and other non-jail sanctions can be imposed as conditions of probation. However, certain offenses in the shaded area of the Grid always carry a presumptive commitment to state prison. See sections 2.C and 2.E. Effective August 1, 2016 Approved MSGC Meeting Minutes 10 June 8, 2016

33 7) Modifications to Guidelines 5.A and 5.B. Motion by Judge Wernick and second by Ms. Vang to modify Guidelines 5.A and 5.B, as shown below, effective August 1, 2016, following public hearing. Section 5.A. Offense Severity Reference Table Offenses subject to a mandatory life sentence, including first-degree murder and certain sex offenses under Minn. Stat , subdivision 2, are excluded from the Guidelines by law. Severity Level Offense Title Statute Number 9 Controlled Substance Crime 1st Degree Manufacture Any Amount of Methamphetamine , subd. 2a(a) 9 Importing Controlled Substances Across State Borders Controlled Substance Crime 2nd Degree Controlled Substance Crime 3rd Degree Failure to Affix Stamp on Cocaine 297D.09, subd. 1 6 Failure to Affix Stamp on Hallucinogens or PCP 297D.09, subd. 1 6 Failure to Affix Stamp on Heroin 297D.09, subd. 1 6 Failure to Affix Stamp on Remaining Schedule I & II Narcotics 5 Possession of Substances with Intent to Manufacture Methamphetamine 297D.09, subd Controlled Substance Crime 4th Degree Anhydrous Ammonia (Tamper/Theft/Transport) Methamphetamine Crimes Involving Children and Vulnerable Adults Controlled Substance in the 5th Degree

34 2 Failure to Affix Stamp on Remaining Schedule I, II, & III Non-Narcotics 2 Medical Cannabis Violations (Submission of False Records) 297D.09, subd , subd. 4 2 Sale of Synthetic Cannabinoids , subd. 6(c) 1 Failure to Affix Stamp on Marijuana/Hashish/Tetrahydrocannabinols 297D.09, subd. 1 1 Failure to Affix Stamp on Schedule IV Substances 297D.09, subd. 1 1 Medical Cannabis Violations (Intentional Diversion) , subd. 1 1 Medical Cannabis Violations (Diversion by patient, registered Designated Caregiver, or Parent) , subd. 2 1 Sale of Simulated Controlled Substance Severity Level Offense Title Statute Number D9 Aggravated Controlled Substance Crime 1st Degree , subd. 2b Importing Controlled Substances Across State Borders Manufacture Any Amount of Methamphetamine , subd. 2a(a) D8 Controlled Substance Crime 1st Degree , subd. 1 or 2 D7 Controlled Substance Crime 2nd Degree D6 Controlled Substance Crime 3rd Degree D5 Failure to Affix Stamp on Cocaine 297D.09, subd. 1 Failure to Affix Stamp on Hallucinogens or PCP 297D.09, subd. 1 Failure to Affix Stamp on Heroin 297D.09, subd. 1 Failure to Affix Stamp on Remaining Schedule I & II Narcotics Possession of Substances with Intent to Manufacture Methamphetamine 297D.09, subd D4 Controlled Substance Crime 4th Degree D3 Anhydrous Ammonia (Tamper/Theft/Transport) Methamphetamine Crimes Involving Children and Vulnerable Adults Approved MSGC Meeting Minutes 12 June 8, 2016

35 Severity Level Offense Title Statute Number D2 Controlled Substance Crime 5th Degree , subd. 3(b) D1 Failure to Affix Stamp on Remaining Schedule I, II, & III Non-Narcotics Medical Cannabis Violations (Submission of False Records) Sale of Synthetic Cannabinoids Failure to Affix Stamp on Marijuana/Hashish/Tetrahydrocannabinols 297D.09, subd , subd , subd. 6(c) 297D.09, subd. 1 Failure to Affix Stamp on Schedule IV Substances 297D.09, subd. 1 Medical Cannabis Violations (Intentional Diversion) , subd. 1 Medical Cannabis Violations (Diversion by patient, registered Designated Caregiver, or Parent) , subd. 2 Sale of Simulated Controlled Substance B. Severity Level by Statutory Citation Offenses subject to a mandatory life sentence, including first-degree murder and certain sex offenses under Minn. Stat , subdivision 2, are excluded from the Guidelines by law. Statute Number Offense Title Severity Level , subd. 1 or 2 Controlled Substance Crime 1st Degree 9D , subd. 2a(a) Manufacture Any Amount of Methamphetamine , subd. 2b Aggravated Controlled Substance Crime 1st Degree D9 D Controlled Substance Crime 2nd Degree 8D Controlled Substance Crime 3rd Degree D6 * Controlled Substance Crime 4th Degree D4 * See section 2.C and Appendix 1 to determine the presumptive disposition. Approved MSGC Meeting Minutes 13 June 8, 2016