Laserfiche WebLink
<br />Minnesota Statutes 2003, 244.10 <br /> <br />Page 1 of2 <br /> <br />Minnesota Statutes 2003. Table of Chapters <br /> <br />Table of contents for Chapter 244 <br /> <br />244.10 Sentencing hearing; deviation from guidelines. <br /> <br />Subdivision 1. s-ntencing hearing. Whenever a person <br />is convicted of a felony, the court, upon motion of either the <br />defendant or the state, shall hold a sentencing hearing. The <br />hearing shall be scheduled so that the parties have adequate <br />time to prepare and present arguments regarding the issue of <br />sentencing. The parties may submit written arguments to the <br />court prior to the date of the hearing and may make oral <br />arguments before the court at the sentencing hearing. Prior to <br />the hearing, the court shall transmit to the defendant or the <br />defendant's attorney and the prosecuting attorney copies of the <br />presentence investigation report. <br /> <br />At the conclusion of the sentencing hearing or within 20 <br />days thereafter, the court shall issue written findings of fact <br />and conclusions of law regarding the issues submitted by the <br />parties, and shall enter an appropriate order. <br /> <br />Subd. 2. Deviation from guidelines. Whether or not a <br />sentencing hearing is requested pursuant to subdivision 1, the <br />district court shall make written findings of fact as to the <br />reasons for departure from the sentencing guidelines in each <br />case in which the court imposes or stays a sentence that <br />deviates from the sentencing guidelines applicable to the case. <br /> <br />Subd. 2a. Notice of infoJ:1llation regarding predatory <br />offenders. (a) Subject to paragraph (b), in any case in which <br />a person is convicted of an offense and the presumptive sentence <br />under the sentencing guidelines is commitment to the custody of <br />the commissioner of corrections, if the court grants a <br />dispositional departure and stays imposition or execution of <br />sentence, the probation or court services officer who is <br />assigned to supervise the offender shall provide in writing to <br />the following the fact that the offender is on probation and the <br />terms and conditions of probation: <br /> <br />(1) a victim of and any witnesses to the offense committed <br />by the offender, if the victim or the witness has requested <br />notice; and <br /> <br />(2) the chief law enforcement officer in the area where the <br />offender resides or intends to reside. <br /> <br />The law enforcement officer, in consultation with the <br />offender's probation officer, may provide all or part of this <br />information to any of the following agencies or groups the <br />offender is likely to encounter: public and private educational <br />institutions, day care establishments, and establishments or <br />organizations that primarily serve individuals likely to be <br />victimized by the offender. <br /> <br />The probation officer is not required under this <br />subdivision to provide any notice while the offender is placed <br /> <br />l_ <br /> <br />http://www.revisorJeg.state.mn.us/stats/244/10.html <br /> <br />4/9/2004 <br />