2025 Session Last amended: 2005 session

§ 152.152 — Stayed Sentence Limited

Plain-Language Summary

Limits when a judge can place a person convicted of a serious drug crime on probation instead of sending them to prison. The judge can only stay the sentence if the person has been accepted into an approved treatment program, or if the judge also orders jail time as a condition of probation.

152.152 STAYED SENTENCE LIMITED.

If a person is convicted under section 152.021, 152.022, 152.023, or 152.0262, and the Sentencing Guidelines grid calls for a presumptive prison sentence for the offense, the court may stay imposition or execution of the sentence only as provided in this section. The sentence may be stayed based on amenability to probation only if the offender presents adequate evidence to the court that the offender has been accepted by, and can respond to, a treatment program that has been approved by the commissioner of human services. The court may impose a sentence that is a mitigated dispositional departure on any other ground only if the court includes as a condition of probation incarceration in a local jail or workhouse.

History:

1989 c 290 art 3 s 20; 2005 c 136 art 7 s 21

History: History: 1989 c 290 art 3 s 20; 2005 c 136 art 7 s 21

Practical Notes

If you are convicted of a first-, second-, or third-degree drug crime and the sentencing guidelines call for prison, the judge can only put you on probation if you are accepted into a treatment program or the judge orders some jail time. This limits judicial discretion for serious drug offenses.

Source: Minnesota Office of the Revisor of Statutes