2025 Session Last amended: 1983 session

§ 609.38 — Stayed Sentence

Plain-Language Summary

In cases of child abuse or unreasonable restraint of a child where sentencing guidelines call for prison time, the court may stay the sentence if it is in the best interest of the child or family and the defendant agrees to treatment. Courts should try to preserve and strengthen the family when possible.

609.38 STAYED SENTENCE.

For any violation of section 609.255, subdivision 3, 609.377, or 609.378 for which the Sentencing Guidelines establish a presumptive executed sentence, the court may stay imposition or execution of the sentence if it finds that a stay is in the best interest of the complainant or the family unit and that the defendant is willing to participate in any necessary or appropriate treatment. In determining an appropriate sentence when there is a family relationship between the complainant and the defendant, the court shall be guided by the policy of preserving and strengthening the family unit whenever possible.

History:

1983 c 217 s 7

History: History:

  1983 c 217 s 7

Practical Notes

This allows judges to keep families together in child abuse cases where treatment may be more helpful than prison. The court must find that staying the sentence serves the child’s interests. The defendant must be willing to participate in treatment. This provision recognizes that in some cases, keeping a family intact with proper support may be better for the child than separating them.

Source: Minnesota Office of the Revisor of Statutes