SEX OFFENDER SENTENCING Senate Judiciary Committee November 18, 2013 Kelly Mitchell, MSGC Executive Director
2 Criminal Sexual Conduct Offenses Sex offenses are categorized into five degrees of criminal sexual conduct (CSC), with first-degree being the most serious. The classification of offenses into degrees is based on a combination of factors: whether the offense involved sexual penetration or contact; the age of the victim; the relationship of the offender to the victim (e.g., position of authority, significant relationship, psychotherapist, etc.); the degree of injury or threat of injury; whether a weapon was involved; and whether force or coercion was involved.
3 Criminal Sexual Conduct Offenses First Degree Penetration and personal injury, fear of great bodily harm, or the use of a dangerous weapon. Offenses involving young children, regardless of whether or not any injury, force or weapons were involved. Second Degree Similar to first-degree but involves sexual contact rather than penetration. Third Degree Penetration and focus on children who are slightly older, or cases in which there was force or coercion. Cases involving psychotherapists, health professionals, clergy and correctional employees.
4 Criminal Sexual Conduct Offenses Fourth Degree Similar to fourth degree, but involves sexual contact rather than penetration. Fifth Degree Repeat violations of gross misdemeanor indecent exposure offenses involving minors.
5 CSC Case Volume: 1993-2012 900 Number of Offenders Sentenced for CSC 800 700 600 500 400 300 200 100 0 Number Sentenced 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 828 880 770 632 635 670 562 539 512 558 607 591 590 593 586 582 579 600 582 544
6 Distribution by Degree (2012) 900 800 700 600 1st 2nd 3rd 4th 5th 500 400 300 200 100 0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 1st 194 193 161 153 146 160 125 105 139 138 170 137 148 130 122 144 105 143 150 136 2nd 279 270 225 161 186 197 153 155 128 148 133 146 145 146 142 134 147 141 127 135 3rd 211 260 258 200 186 197 183 171 162 178 189 208 202 207 217 201 206 200 214 184 4th 144 157 126 118 114 112 101 104 79 94 111 100 95 109 105 103 118 115 89 89 5th 0 0 0 0 3 4 0 4 4 0 4 0 0 1 0 0 3 1 2 0
7 Sentencing Enhancements Over Time 2000: Legislature enacts 144-month mandatory minimum for first-degree criminal sexual conduct offenses. 2002: Legislature enacts 90-month mandatory minimum for second-degree criminal sexual conduct offenses.
8 Sentencing Enhancements Over Time 2005: Legislature enacts Minn. Stat. 609.3455, which established: Mandatory life sentences for certain repeat and egregious first-time offenders; A 10-year conditional release term for most criminal sexual conduct convictions; A lifetime conditional release term for repeat offenders and offenders sentenced to life. In its 2005 report to the Legislature, the Commission recommended that life sentences be established so that there would be a specific indeterminate sentencing option for offenders considered the worst of the worst. Many of the attributes suggested by the Commission were enacted in these provisions.
9 Sentencing Enhancements Over Time 2006: Sex Offender Grid Enacted Presumptive minimum sentence for first- and second-degree offenses is on the Grid at a criminal history score of 0. Maximum sentence set by the Legislature is on the Grid for all degrees at a criminal history score of 6. Increases the weights in criminal history of some prior sex offenses if the offender commits a new offense that is on the Sex Offender Grid. Assigns two custody status points to repeat sex offenders who commit a new sex offense while on probation or supervised release for a prior sex offense.
10 Sentencing Enhancements Over Time 2006: Legislature Enacts Engrained Offender Provision Establishes mandatory minimum of double the presumptive Guidelines sentence for offenders who are a danger to the public and for whom the risk to reoffend is great without psychotherapeutic intervention. 2013: Legislature reinstates 3-year mandatory minimum for repeat offenders Requires executed sentence of at least 36 months if the offender has a previous sex offense conviction.
Minimum Recommended (Months) 11 Minimum Presumptive Sentences by Degree Over Time At Criminal History Score 0 160 140 120 100 80 144 144 60 40 86 90 90 20 43 48 48 48 48 36 36 12 21 18 21 24 24 12 21 18 21 12 21 18 21 18 24 0 1988 1999 2005 2012 CSC 4-Minor* 12 12 12 18 CSC 4-Force* 21 21 21 24 CSC 3-Minor* 18 18 18 36 CSC 2-Minor* 21 21 21 36 CSC 3-Force 24 48 48 48 CSC 2-Force 24 48 90 90 CSC 1 43 86 144 144 * Presumptive sentence = stayed (probationary) sentence
Minimum Recommended (Months) 12 Maximum Presumptive Sentences by Degree Over Time At Criminal History Score 6 400 350 300 250 200 150 360 300 100 158 158 180 132 120 140 140 50 97 97 108 108 108 108 41 65 84 54 65 30 57 48 57 30 57 48 57 0 1988 1999 2005 2012 CSC 4-Minor 41 30 30 84 CSC 4-Force 65 57 57 120 CSC 3-Minor 54 48 48 140 CSC 2-Minor 65 57 57 140 CSC 3-Force 97 108 108 180 CSC 2-Force 97 108 108 300 CSC 1 132 158 158 360
Average Pronounced Prison (Months) 13 Average Pronounced Sentences by Degree Over Time Executed Sentences by Offense 200 180 160 140 120 100 181 80 150 60 123 128 102 108 40 75 86 81 67 65 72 81 63 58 70 54 20 34 37 36 38 35 25 38 45 56 20 32 39 49 35 42 0 1988 1999 2005 2012 CSC 4-Minor 20 36 25 42 CSC 4-Force 34 38 38 58 CSC 3-Minor 37 35 45 56 CSC 2-Minor 32 67 49 81 CSC 3-Force 39 65 63 70 CSC 2-Force 35 72 81 108 CSC 1 75 123 150 181 Overall 54 86 102 128
Months 14 Double Presumptive Sentence Presumptive Sentence Pronounced Sentence 400 350 300 250 200 150 100 50 0 2010 2011 2012 *This information illustrates offenders that received prison sentences that were double the length of their presumptive sentence or more. This does not include offenses that were sentenced consecutively.
Number of Offenders 15 Sentences of 30 Years or More 30 Years or More is Presumptive 30 Years or More is High End of Range or Aggravated Departure 10 2 8 6 4 2 3 3 2 2 8 0 2010 2011 2012 *This information illustrates offenders who received prison sentences of 360 months (30 years) or more that were not twice their presumptive sentences.
Months 16 Life Sentences Issued Over Time 400 350 300 250 200 150 100 50 Pronounced Minimum to Serve No Release 0 2006 2007 2008 2009 2010 2011 2012 0 True Prior CSC 1 True Prior CSC 2 True Prior CSC 3 True Prior CSC 4 True Prior CSC True Prior CSC 4 8 5 1 1