MN HF3856

Courts must consider whether an offender has been a victim of domestic abuse, sexual assault, or sex trafficking during sentencing, and may consider related trauma, PTSD, or other mental health conditions.

Offenders who committed crimes as a result of being victims of domestic abuse, sexual assault, or sex trafficking are presumed amenable to probation and a stay of imposition or execution of sentence, unless clear and convincing evidence shows increased public risk.

Courts may impose mitigated durational departures from mandatory minimum sentences if the offender's history of victimization mitigates culpability for the crime.

Offenders sentenced before August 1, 2022 may petition for resentencing if they were victims of domestic abuse, sexual assault, or sex trafficking, with hearings held at least 60 days after filing and victim notification required.

Upon resentencing, courts may modify sentences in any manner except increasing confinement, reducing restitution, or eliminating conditional release requirements.