Appendix 1. Mandatory and Presumptive Sentences Reference Table
This table is for convenience when applying mandatory sentences (section 2.E) and presumptive sentences (section 2.C). It is not exhaustive.
Presumptive disposition. Commitment.
Presumptive duration. Mandatory minimum or the duration in the appropriate cell on the applicable Grid, whichever is longer.
Attempts and conspiracies. Mandatory sentences generally apply to attempted offenses under Minnesota Statutes, section 609.17, and conspiracies under Minnesota Statutes, section 609.175. Mandatory minimums are not divided in half. The presumptive duration is the mandatory minimum duration found in statute or one-half of the duration in the appropriate cell on the applicable Grid, whichever is longer. (See section 2.G for more information on convictions for attempts, conspiracies and offenses with other sentence modifiers.)
Statute | Offense | Prerequisite or Conditions | Mini- mum Dura- tion |
152.021 | Controlled Substance Crime 1st Degree | Prior felony conviction under Minnesota Statutes, section 152.021 or 152.022, or similar non-Minnesota offense | 48 months |
152.022 | Controlled Substance Crime 2nd Degree | Prior felony conviction under Minnesota Statutes, section 152.021 or 152.022, or similar non-Minnesota offense | 36 months |
169A.24, subd. 1(2) | Driving while Intoxicated | Prior Felony DWI | Grid time |
169A.24, subd.1(3) | Driving while Intoxicated | Prior Criminal Vehicular Homicide or Operation under Minnesota Statutes, section 609.2112.1(a)(2) thru (6) 609.2113.1(2) thru (6) 609.2113.2(2) thru (6) 609.2114.1(a)(2) thru (6) 609.2114.2(2) thru (6) | Grid time |
243.166, subd. 5(b) | Violation of Predatory Offender Registration | Grid time* | |
243.166, subd. 5(c) | Violation of Predatory Offender Registration - Subsequent offense | Prior felony Violation of Predatory Offender Registration | 24 months |
609.1095, subd. 3 | Dangerous Offender - 3rd Violent Felony | Statute cited | Grid time |
609.221, subd. 2 | Assault 1st Degree (Deadly Force Against Official) | 120 months | |
609.221, subd. 3 | Assault 1st Degree (Great Bodily Harm Upon Official) | 180 months | |
609.221, subd. 4 | Assault 1st Degree (Great Bodily Harm Upon Official by Dangerous Weapon or Deadly Force) | 300 months | |
609.221, 609.222, 609.223, 609.2231, or 609.224 | Assault 1st through 5th Degree | Committed by State prison inmate while confined (609.2232) | Grid time, Consec- utive |
609.2231, subd. 3a(b) | Assault 4th Degree | Committed by person committed to the Minnesota Sex Offender Program | Grid time |
609.3455, subd. 3a | Dangerous (Engrained) Sex Offender | Statute cited | At least double the Grid time |
609.485 | Escape | Escape from executed sentence | Grid time |
609.582, subd. 1(a) | Burglary 1st Degree | Prior felony burglary | Grid time* |
* Presumptive commitment per Guidelines section 2.C.