HF2976

Mitigated departures provided for certain offenders who have been victims, presentence investigation reports required to include certain information, certain offenders who have been victims allowed to apply for a pardon or for clemency, and Minnesota Sentencing Guidelines Commission directed to include an additional mitigating factor.
Legislative Session 94 (2025-2026)

Related bill: SF3002

AI Generated Summary

Purpose of the Bill

The purpose of the bill is to provide certain legal adjustments and considerations for offenders who have been victims of domestic abuse, sexual assault, or sex trafficking. It aims to offer pathways for mitigated sentencing and the possibility of clemency or a pardon under specific circumstances, emphasizing a more nuanced approach to sentencing for affected individuals.

Main Provisions

  • Mitigated Sentencing Departures: The bill allows courts to consider reduced sentences (mitigated departures) for offenders who have been victims of domestic abuse, sexual assault, or sex trafficking if these experiences contributed to the commission of their offenses.

  • Presentence Investigation Reports: These reports must include information about any victimization due to domestic abuse, sexual assault, or sex trafficking, which could influence the court's sentencing decisions.

  • Confidentiality of Records: Courts may keep certain records confidential when assessing whether a person's victimization should affect sentencing, ensuring sensitive information remains private.

  • Probation and Support Services: When sentencing eligible offenders to probation, the court may require participation in support services or treatment programs that address trauma and mental health issues related to their victimization.

  • Clemency and Pardons: Victimized offenders may apply for clemency or a pardon, supporting a potential reduction in legal penalties due to the context of their offenses.

Significant Changes to Existing Law

  1. Introduction of Mitigating Factors: The Minnesota Sentencing Guidelines will incorporate victim status due to domestic abuse, sexual assault, or sex trafficking as a mitigating factor, potentially altering standard sentencing practices.

  2. Enhanced Victim Support Measures: The bill proposes a formal integration of supportive services in sentencing for victims, marking a shift toward rehabilitation and addressing root causes of criminal behavior.

Relevant Terms

  • Domestic abuse
  • Sexual assault
  • Sex trafficking
  • Mitigated departure
  • Sentencing Guidelines
  • Clemency
  • Pardon
  • Probation
  • Supportive services

Bill text versions

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Past committee meetings

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Actions

DateChamberWhereTypeNameCommittee Name
April 01, 2025HouseActionIntroduction and first reading, referred toPublic Safety Finance and Policy
March 12, 2026HouseActionAuthor added
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Meeting documents

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Citations

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Progress through the legislative process

17%
In Committee

Sponsors

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