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HF 2976

Mitigated departures provided for certain offenders who have been victims, presentence investigation reports required to include certain information, certain offenders who have been victims allowed to apply for a pardon or for clemency, and Minnesota Sentencing Guidelines Commission directed to include an additional mitigating factor.

2025-2026 Regular Session Introduced by Brion Curran and 1 co-sponsor

Allows victim-offenders to receive mitigated sentences, while requiring victimization details in presentence reports and creating clemency options and a new mitigating factor in gu

Author added Curran
#crimevictims #publicsafetydepartment #statecouncilsandcommissions
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WeVote Research Nonpartisan
Bill Summary · HF 2976

Summary of HF 2976 (Mitigated departures for victim-offenders; expanded presentence reports; pardon/clemency for victim-offenders; additional mitigating factor)

Overview

HF 2976 is a Minnesota bill introduced on April 1, 2025, and currently at the Introduction and first reading stage. The bill is referred to the Public Safety Finance and Policy committee. A Senate companion exists as SF 3002. The bill centers on incorporating victim-related considerations into sentencing and clemency processes, and directing the Minnesota Sentencing Guidelines Commission to add a new mitigating factor.

Primary purpose and intent

  • Expand the use of mitigated departures in sentencing for certain offenders who are themselves victims.
  • Require presentence investigation reports to include information related to victimization or related factors.
  • Allow victims who are offenders to apply for pardon or clemency.
  • Direct the Minnesota Sentencing Guidelines Commission to include an additional mitigating factor in the guidelines.

Key provisions (as reflected by the bill’s title)

  • Mitigated departures for victim-offenders: Establishes or authorizes downward adjustments in sentencing for offenders who have been victims, subject to specified criteria (exact eligibility and procedures would be in the bill text).
  • Presentence investigation reports: Mandates that presentence reports contain specified information—likely related to the offender’s victimization history or context—to inform sentencing decisions.
  • Pardon or clemency for victim-offenders: Allows individuals who were victims and who are offenders to apply for pardon or clemency, potentially creating a pathway distinct from standard processes.
  • Additional mitigating factor for guidelines: The Minnesota Sentencing Guidelines Commission would be directed to add a new mitigating factor to the sentencing guidelines, presumably to account for victimization status or related circumstances.

Who would be affected

  • Offenders who are or have been victims (victim-offenders): Potentially eligible for mitigated departures and clemency considerations.
  • Victims (and their experiences): Information about victimization would be incorporated into presentence reporting and sentencing considerations.
  • Presentence investigators: Would be responsible for including the mandated victimization-related information in reports.
  • Minnesota Sentencing Guidelines Commission: Required to incorporate an additional mitigating factor into the guidelines.
  • Pardons and clemency processes: May see new pathways or eligibility considerations for victim-offenders.

Procedural and timeline aspects

  • Status: Introduction and first reading; referred to Public Safety Finance and Policy.
  • Effective date and implementation details: Not specified in the available information; would be determined in the bill’s text and committee actions.
  • Related action: Senate companion SF 3002 may follow typical cross-chamber progression if advanced.

Potential impact and considerations

  • Sentencing: Could reduce penalties for some victim-offenders, reflecting their dual roles as victim and offender.
  • Victim-informed processes: Presentence reports and guidelines would place greater emphasis on victim experiences.
  • Clemency pathways: Creates or expands avenues for forgiveness or clemency for victim-offenders, with potential implications for accountability and rehabilitation.
  • Administration: Implementation would require training, updated reporting requirements, and coordination with the Sentencing Guidelines Commission.

Note: The exact statutory language, criteria for eligibility, and the scope of each provision will determine the bill’s practical effect. For precise details, the full text and fiscal notes, when available, should be consulted.

Compiled from official sources — confirm details with the bill’s official record.

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