§ 611A.03 — Plea Agreements; Notification
Plain-Language Summary
Before a defendant enters a plea under a plea agreement, the prosecuting attorney must make a reasonable, good faith effort to tell the victim about the agreement. This includes the contents of the plea recommendation (such as the jail or prison time the defendant is recommended to serve), the victim's right to attend the plea and sentencing hearings and to object in person or in writing, and whether the offense is eligible for automatic expungement under section 609A.015. The prosecutor meets this duty by notifying the victim's legal guardian or guardian ad litem, or, if there are more than three victims, the three the prosecutor believes were harmed most.
611A.03 PLEA AGREEMENTS; NOTIFICATION.
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Subdivision 1.Plea agreements; notification of victim.
Prior to the entry of the factual basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:
(1) the contents of the plea agreement recommendation, including the amount of time recommended for the defendant to serve in jail or prison if the court accepts the agreement;
(2) the right to be present at the sentencing hearing and at the hearing during which the plea is presented to the court and to express orally or in writing, at the victim’s option, any objection to the agreement or to the proposed disposition. If the victim is not present when the court considers the recommendation, but has communicated objections to the prosecuting attorney, the prosecuting attorney shall make these objections known to the court; and
(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015. §
Subd. 2.Notification duties.
A prosecuting attorney satisfies the requirements of subdivision 1 by notifying:
(1) the victim’s legal guardian or guardian ad litem; or
(2) the three victims the prosecuting attorney believes to have suffered the most, if there are more than three victims of the offense. §
Subd. 3.
[Repealed, 1988 c 649 s 5]
History:
1983 c 262 art 1 s 3; 1986 c 351 s 18; 1986 c 444; 1Sp1986 c 3 art 1 s 76; 1989 c 190 s 3; 1992 c 571 art 5 s 4; 2003 c 116 s 4; 2023 c 52 art 7 s 20
History: History: 1983 c 262 art 1 s 3; 1986 c 351 s 18; 1986 c 444; 1Sp1986 c 3 art 1 s 76; 1989 c 190 s 3; 1992 c 571 art 5 s 4; 2003 c 116 s 4; 2023 c 52 art 7 s 20