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Date: April 29, 2024 Mon
Time: 10:49 pm
Time: 10:49 pm
Results for sentencing (minnesota)
1 results foundAuthor: Minnesota. Department of Corrections Title: Minnesota Felony Driving While Impaired Report Summary: In June 2001, the Minnesota Legislature amended the state’s DWI laws by creating a felony-level offense. The felony offense applies to individuals who violate the state’s DWI laws and have prior convictions for three or more DWIs within the last ten years, a previous conviction for a felony DWI, or a previous conviction for criminal vehicular homicide or injury. The law stipulates a mandatory sentence that can be no less than three years but no greater than seven years, and the court may stay execution but not imposition of the sentence. Minnesota sentencing guidelines presume an executed sentence of imprisonment for offenders convicted of a felony DWI who have a criminal history score greater than two or those who have a previous felony DWI conviction regardless of criminal history score. Offenders who receive an executed sentence also are placed on conditional release for an additional five years after their release from prison. Failure to comply with conditions of release may result in revocation and return to prison. Sentencing guidelines presume a stayed sentence for offenders who have a criminal history score of two or less. The court must apply the mandatory penalties for nonfelony DWI offenses for those who receive a stayed sentence, which may include a jail term, intensive supervised release, long-term alcohol monitoring, and any chemical dependency treatment recommended. The court may order the stayed sentence to be executed if any conditions are violated; if so, the offender is committed to the commissioner of corrections and incarcerated in prison. This is the second report submitted on felony DWI offenders committed to the commissioner of corrections. In 2009, the legislature amended the statute requiring the commissioner submit a report on the effects of the felony DWI offense (M.S. §244.085) by narrowing the scope of the report. Specifically, the scope of the report was reduced from all persons convicted of a felony DWI to those convicted of a felony DWI and sentenced to prison, which includes offenders given an executed sentence (new court commitments) as well as those whose stayed sentence was executed following a probation violation (probation violators). Details: St. Paul, MN: Minnesota Department of Corrections, 2010. 15p. Source: Internet Resource: Accessed February 10, 2012 at: http://www.doc.state.mn.us/publications/legislativereports/documents/12-10FelonyDWI.pdf Year: 2010 Country: United States URL: http://www.doc.state.mn.us/publications/legislativereports/documents/12-10FelonyDWI.pdf Shelf Number: 124034 Keywords: Driving Under the InfluenceDrunk DrivingSentencing (Minnesota) |