Subd. 1. Hearings. Sentencing hearings must be held as provided by law:
(A) Misdemeanor and Gross Misdemeanor Hearings. Before the sentencing proceeding in a misdemeanor or gross misdemeanor case: (1) Either party is permitted to contest any part of an oral presentence investigation. The court may continue the hearing to give the parties this opportunity.(2) A party must notify the opposing party and the court if the party intends to present evidence to contest any part of the presentence investigation.(B) Felony Sentencings (1) Within 3 days of a plea or finding or verdict of guilty in a felony case, the court may: (a) order a presentence investigation and set a date for its return;(b) order a mental or physical examination of the defendant;(2) Within the same 3 days, the court must: (a) order completion of a sentencing guidelines worksheet;(b) set a date for sentencing;(c) order the defendant to appear on the sentencing date.(3) If the court intends to consider a mitigated departure from the sentencing guidelines, the court must advise the parties. This notice may be given when the presentence investigation is completed or when the presentence investigation is forwarded to the parties.(4) The presentence investigation report, if ordered, must conform to Minn. Stat. § 609.115, subd. 1, and include a sentencing guidelines worksheet and any other information the court ordered included.(5) The court, or the probation officer at the court's direction, must forward the guidelines worksheet and the presentence investigation report to the parties. Confidential sources of information must not be included in the presentence investigation report unless the court otherwise directs. The presentence investigation report must not be disclosed to the public without a court order.(6) Any party may move for a sentencing hearing after receipt of the presentence investigation and guidelines worksheet. (a) The motion must be served on the opposing party and filed with the court.(b) The motion must be served and filed no later than 8 days before the hearing, but if the presentence investigation is received less than 8 days before the sentencing date, then the motion must be served and filed within a reasonable time.(c) The court may continue a sentencing hearing to accommodate a sentencing motion.(d) The motion must state the reasons for the hearing, including the portion of the presentence investigation or worksheet being challenged, and include any affidavits or other documents supporting the motion.(e) Opposing counsel must serve and file a reply no later than 3 days before the sentencing hearing.(7) At the sentencing hearing:(a) The contested sentencing motions must be heard.(b) The parties may raise other sentencing issues.(c) The court must allow the record to be supplemented with relevant testimony.(d) The court may make findings of fact and conclusions of law on the record or, if in writing, within 20 days of the hearing.(e) If the court determines the guidelines worksheet or supplement is wrong, the court may order a corrected worksheet submitted to the sentencing guidelines commission.(8) The court may impose sentence immediately following the conclusion of the sentencing hearing.Subd. 2. Defendant's Presence.
(A) The defendant must be present at the sentencing hearing and sentencing, unless excused under Rule 26.03, subd. 1(3).(B) If the defendant is disabled in communication, a qualified interpreter must be present.(C) A corporation may be sentenced in the absence of counsel if counsel fails to appear, after notice, at sentencing.Subd. 3. Statements at Time of Sentencing. Before pronouncing sentence, the court must allow statements from:
(A) the prosecutor, victim, and defense counsel concerning any sentencing issues and a recommended sentence;(B) persons on behalf of the defendant;(C) the defendant, personally.The court must not accept any off-the-record communications relating to sentencing unless the contents are disclosed to the parties.
Subd. 4. Sentencing. When pronouncing sentence the court must:
(A) When pronouncing a sentence, the court must precisely state the terms of the sentence.(B) When pronouncing a sentence, the court must state the number of days spent in custody in connection with the offense or behavioral incident being sentenced. That credit must be deducted from the sentence and term of imprisonment and must include time spent in custody from a prior stay of imposition or execution of sentence.(C) If the court imposes a departure from the sentencing guidelines, the court must make findings of fact supporting the departure when pronouncing a sentence. The grounds for departure must be: (a) stated in the sentencing order; or(b) recorded in the departure report as provided by the sentencing guidelines commission and attached to the sentencing order required under subdivision 7. The sentencing order and any attached departure report must be filed with the commission within 15 days after sentencing.(D) If the court is considering a departure from the sentencing guidelines, and no contested sentencing hearing was held, and no notice was given to the parties that the court was considering a departure, the court must allow either party to request a sentencing hearing.(E) If the court stays imposition or execution of sentence:(1) The court must state the length of the stay when pronouncing the sentence.(2) In felony cases, the court must tell the defendant that noncustodial probation time will not be credited against a future prison term if the stay is revoked.(3) If lawful conduct could violate the defendant's terms of probation, the court must tell the defendant what that conduct is.(4) A written copy of the terms of probation must be given to the defendant at sentencing or as soon as possible afterwards.(5) The court must inform the defendant that if the defendant disagrees with the probation agent concerning the terms and conditions of probation, the defendant may return to court for clarification.(F) Before sentencing, the defendant may provide the court with information regarding the defendant's ability to pay a financial obligation, including but not limited to information regarding the defendant's income, resources, expenses, other financial obligations, and any special circumstances. The court must consider any information provided by the defendant before imposing a financial obligation as part of a sentence. Restitution is governed by Minn. Stat. ch. 611A and not this rule.Subd. 5. Right of Appeal. After sentencing, the court must tell the defendant of the right to appeal both the conviction and sentence, and, if eligible, of the right to appeal at state expense by contacting the state public defender.
Subd. 6. Record. A verbatim record must be made of the sentencing proceedings. If either party requests a transcript, it must be prepared within 30 days of a written request. The party requesting the transcript must pay for it and must make satisfactory arrangements for payment.
Subd. 7. Sentencing Order. When the court pronounces sentence for any counts for which the offense level before sentencing was a felony or gross misdemeanor, the court must record the sentence using an order generated from the court's case management system. This order must at a minimum contain:
(1) the defendant's name;(3) for each count: (a) if the defendant pled guilty or was found guilty:ii. the statute violated;iii. the pronouncements made under subdivision 4 (precise terms of sentence including any fine, time spent in custody, whether the sentence is a departure and if so, the departure reasons, whether the defendant is placed on probation and if so, the terms and conditions of probation);iv. the level of sentence;v. any restitution ordered, and whether it is joint and several with others;(b) if the defendant did not plead guilty or was not found guilty, whether the defendant was acquitted or the count was dismissed;(4) any court costs, library fee, treatment evaluation cost or other financial charge;(5) other administrative information determined by the State Court Administrator to be necessary to facilitate transmission of the sentence to the Bureau of Criminal Apprehension, the Commissioner of Corrections, country jails, or probation services;(6) the judge's signature. The sentencing order must be provided in place of the transcript required by Minn. Stat. §§ 243.49 and 631.41.
Subd. 8. Judgment. The record of a judgment of conviction must contain the plea, verdict, adjudication of guilt, and sentence. If a defendant is found not guilty or is otherwise discharged, judgment must be entered accordingly. A sentence or stay of imposition of sentence is an adjudication of guilt.
Subd. 9. Correction or Reduction of Sentence. The court may at any time correct a sentence not authorized by law. The court may modify a sentence during a stay of execution or imposition of sentence if the court does not increase the period of confinement.
Subd. 10. Clerical Mistakes. Clerical mistakes in a judgment, order, or in the record arising from oversight or omission may be corrected by the court at any time, or after notice if ordered by the court.
Amended effective 7/1/2010; amended April 22, 2015, effective 7/1/2015; amended effective 1/1/2024.