MN Mandatory Sentencing Laws | Other Provisions and Appendix

Other Mandatory Sentencing Provisions Controlled Substance Offenders

§ 152.0271

When a person is convicted of a controlled substance offense, the court must determine whether the offender committed the offense while driving a motor vehicle. If so, the court must notify the Commissioner of Public Safety and order the commissioner to revoke the person’s driver’s license for 30 days.

DWI Offenders

§§ 169A.28 (1); 609.035 (2)(f)

The court must impose consecutive sentences on DWI offenders under the following circumstances:

  • when the court sentences an offender for multiple DWI offenses arising out of separate behavioral incidents
  • when the court sentences an offender for a DWI offense and, at the time of sentencing, the offender was on probation or serving a sentence for a prior DWI offense arising out of a separate behavioral incident
  • when the court sentences an offender for a DWI offense and another related traffic offense arising out of the same behavioral incident, if the offender has at least five prior impaired driving convictions or license revocations, or a combination of the two, within the past ten years

If the conviction is a felony DWI and the sentence is executed, the mandatory consecutive sentencing provision does not apply.

§ 169A.277

When the court sentences and places on probation a person convicted of certain DWI offenses, the court must order the person to participate in a program of electronic alcohol monitoring if monitoring equipment is available. The court must order monitoring for a minimum of 30 consecutive days during each year of the person’s probationary period. The court must order the person to pay all or part of the cost of the monitoring, to the extent the person has the financial ability to pay. This requirement applies to a person convicted of:

  • a third or subsequent offense within ten years;
  • a second or subsequent offense by a person under 19 years old; and
  • an impaired driving offense committed while the person’s driver’s license is canceled for being inimical to public safety.

§ 169A.276 (1)(d)

If a court sentences a felony-level DWI offender to state prison, the court also must sentence the offender to serve a five-year conditional release term following prison discharge and be subject to conditions of release set by the Commissioner of Corrections.

§ 169A.54 (10)

On behalf of the Commissioner of Public Safety, the court must serve notice of license revocation on a convicted DWI offender unless the commissioner has already revoked the license or served notice of revocation.

Predatory Offender Registration Act

§§ 243.166; 243.167

If a person is convicted of or adjudicated delinquent for a sex offense or for another predatory offense listed in the law, or is civilly committed based on such an offense, the person must register his or her current residence address with the assigned corrections agent when the agent is assigned to that person. The agent must give this information to the local law enforcement agency and the BCA. The registered offender is required to update the information, as necessary, as long as the duty to
register lasts-typically for ten years. The registration period may be longer than ten years under certain circumstances. The sentencing court must advise the offender of this duty to register; however, the court does not have the power to waive or otherwise modify the registration act’s requirements as part of the pronounced sentence.

Assaults Committed by State Prison Inmates

§ 609.2232

If a state prison inmate is convicted of committing an assault while in prison, the court must execute the sentence for the assault and run it consecutively to any unexpired portion of the inmate’s earlier sentence. The inmate must serve the assault sentence in state prison and is not entitled to credit against the sentence for time served in confinement for the earlier sentence.

Firearms Used in Commission of Domestic Assault or Stalking Offense

§§ 609.224 (3); 609.2242 (3)

The court must make written findings as to whether an offender convicted of assault or domestic assault owns or possesses a firearm and used it in any way during the assault.

§§ 609.2242 (3)(b); 609.749 (8)(d)

The court must order summary forfeiture of any firearm used during the commission of a domestic assault or stalking offense.

Sex Offenders

§ 609.3455 (6), (7)

If a court sentences a felony-level sex offender to prison, the court must also sentence the offender to serve a minimum period of “conditional release” after release from prison. The mandatory conditional release periods are ten years for first-time offenders and life for certain repeat offenders and egregious first-time offenders. The conditional release period runs concurrent with the offender’s supervised release term.

§ 609.1351

When sentencing a convicted sex offender, the court must make a preliminary determination as to whether civil commitment as a sexually psychopathic personality or a sexually dangerous person is appropriate and, if so, must forward its findings to the county attorney.

DNA Analysis

§ 609.117

The court must order persons convicted of or adjudicated for a felony to provide a biological sample for DNA analysis.

Harm to Service Animal

§§ 343.21 (9a); 609.226 (4)

If a person or a person’s dog causes harm to another person’s service animal or otherwise renders the service animal unable to perform its functions, the court must order, as part of the sentence, that the offender pay restitution for all costs and expenses associated with the crime. The court may reduce the amount of restitution or order it paid in installments if the offender is indigent.

Fleeing a Peace Officer

§ 609.487 (5)

When a person is convicted of fleeing a peace officer in a motor vehicle, the court must notify the Commissioner of Public Safety and order the commissioner to revoke the person’s driver’s license for the time period specified in the driver’s licensing law.

Theft of Public Assistance

§ 609.52 (4)

When a court determines the appropriate sentence for a person convicted of theft by wrongfully obtaining public assistance, it must consider the fact that the person will be disqualified from receiving public assistance as a result of the conviction.

Insurance Fraud

§ 609.611 (3)

The court must order a person convicted of insurance fraud to pay restitution to persons aggrieved by the violation in addition to any other sentence imposed for the offense.

Citation Sentencing Requirement
§ 12.34 Person required to provide emergency services who fails to do so: not less than ten days
in jail
§ 17.181 Discrimination in purchase of farm products: not less than $50 fine for each violation or
three months in jail
§ 21.122 Violation of seed potatoes law: not less than $25 fine or ten days in jail for first
violation; not less than $50 fine or 30 days in jail for second/subsequent violation
§ 31.58 Violation of slaughter house/packing plant law: not less than $25 fine or 30 days in jail
for first offense; not less than $50 fine or 60 days in jail for second/subsequent offense
§ 31.611 Selling veal of calves killed when less than four weeks old: not less than $50 fine or 60
days in jail
§ 34.113 Violation of nonalcoholic beverage law: not less than $25 fine or 30 days in jail for first
violation; not less than $50 fine or 60 days in jail for second/subsequent violation
§ 60A.16 Violation of insurance company merger law: not less than $20,000 fine and not less
than one year in jail
§ 72A.08 Violation of law prohibiting rebates on insurance policy: not less than $60 fine nor more
than $200 fine
§ 97A.301 Violation of gross misdemeanor-level game and fish law: not less than $100 fine and
not less than 90 days in jail (unless otherwise specified)
§ 121A.70 Violation of fraternity/sorority “rushing” law: not less than $2 fine
§ 148.105 Unauthorized chiropractic practice: not less than $1,000 fine or 30 days in jail
§ 154.19 Violation of barbers law: not less than $10 fine or ten days in jail
§ 169.444 Violation of law requiring vehicles to stop for school buses: not less than $300 fine
§ 169.82 Violation of law regulating hitching trailers to motor vehicles: not less than $25 fine
§ 180.05 Refusing mine inspection: not less than $500 fine
§ 184.38 Violation of employment agency fee law: not less than $100 fine
§ 234.25 Violation of certain grain storage and delivery laws: not less than $100 fine
§ 235.04 Overloading grain car: not less than $10 nor more than $25 fine
§ 239.511 Violation of certain weights and measures laws: not less than $10 fine or ten days in jail
§ 296A.23 (7) Violation of certain commercial motor carrier laws: not less than $200 fine
§ 308B.311 Agricultural product marketing contract interference and false report: not less than $100
fine
§ 325D.68 Violation of food products monopolization law: not less than $50 fine
§ 375.182 Neglect of duty by county board member: not less than $100 fine
§ 617.28 Violation of law prohibiting certain medical advertisements: not less than $50 fine
§ 617.299 Violation of law prohibiting the exhibition of obscene movies at drive-in theater:
not less than 20 days in jail
§ 624.68 Violation of law prohibiting insolvent banks from receiving deposits: not less than one
year at Stillwater prison or $1,000 fine

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This and any related posts have been adopted from the Minnesota House of Representatives Research Department’s Information Brief, Mandatory Sentencing Laws.