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MN SF3002

MN SF3002
Mitigated departures provision for certain offenders who have been victims


summary

Introduced
03/27/2025
In Committee
03/27/2025
Crossed Over
Passed
Dead

Introduced Session

94th Legislature 2025-2026

Bill Summary

A bill for an act relating to public safety; providing for mitigated departures for certain offenders who have been victims; requiring presentence investigation reports to include certain information; allowing certain offenders who have been victims to apply for a pardon or for clemency; directing the Minnesota Sentencing Guidelines Commission to include an additional mitigating factor; amending Minnesota Statutes 2024, sections 609.115, subdivision 1; 609.133, subdivision 7; 638.12, subdivision 2; 638.15, subdivision 1; 638.19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609.

AI Summary

This bill introduces a comprehensive approach to addressing sentencing for individuals who have been victims of domestic abuse, sexual assault, or sex trafficking. The legislation allows courts to consider a person's history of victimization as a mitigating factor during sentencing, potentially enabling a reduced sentence if the court determines that the person's traumatic experience was a contributing factor to the crime committed and that a departure from standard sentencing guidelines would be in the public interest. The bill requires presentence investigation reports to include information about the defendant's victimization history and directs the Minnesota Sentencing Guidelines Commission to add this as a potential mitigating factor. Additionally, the legislation provides new opportunities for victims-turned-offenders to seek pardons or clemency, acknowledging that their criminal actions may be connected to their experiences of abuse. The bill also allows courts to mandate supportive services and treatment as part of probation to help these individuals address trauma-related behaviors and mental health conditions. Effective from August 1, 2025, this legislation represents a compassionate and nuanced approach to criminal sentencing that recognizes the complex impact of domestic abuse, sexual assault, and sex trafficking on individual behavior.

Committee Categories

Justice

Sponsors (2)

Last Action

Hearing (09:00:00 3/28/2025 ) (on 03/28/2025)

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