Purpose of the Bill

The bill aims to provide a legal mechanism for reducing sentences for certain offenders who have been victims of domestic abuse, sexual assault, or sex trafficking. It also seeks to offer opportunities for these offenders to apply for a pardon or clemency and requires specific considerations during the sentencing process.

Main Provisions

• Mitigated Departures: Courts must consider if an offender has been a victim of domestic abuse, sexual assault, or sex trafficking before sentencing. If these experiences contributed to the crime committed, the court may issue a mitigated departure from the usual sentence as outlined in the Sentencing Guidelines. This means a reduced sentence may be considered if it serves the public interest.

• Confidentiality of Records: When ruling on mitigated departures, courts can consider non-public records (e.g., court, military, social services, medical records) and may seal these records to maintain confidentiality.

• Supportive Services: Offenders who are victims and placed on probation can be required to undergo treatment or participate in programs that help address issues stemming from their experiences of abuse or trafficking.

• Application for Pardon or Clemency: The bill allows certain offenders who are victims to apply for a pardon or clemency, offering a path to potentially clear their criminal record or reduce their sentence further.

Significant Changes to Existing Law

• The bill amends current statutes to formally include the victim experience as a mitigating factor during sentencing.
• It establishes new guidelines for confidentiality and provides criteria for the courts in considering sentences based on victims’ past abuse experiences.
• Directs the Minnesota Sentencing Guidelines Commission to include being a victim of abuse as a mitigating factor.

Relevant Terms

domestic abuse, sexual assault, sex trafficking, mitigated departure, sentencing guidelines, victim, pardon, clemency, probation, confidentiality, court records, supportive services