Under current law, Minnesota Statutes, section 609.106, mandates life without the possibility of release for offenders, regardless of age, who commit first-degree murder under circumstances deemed “heinous.” (Pursuant to statute, a juvenile, age 14 or older, who is alleged to have committed first-degree murder is under the jurisdiction of the adult court, not juvenile court).
The bill creates an exception to the mandatory life sentence without the possibility of release for juveniles. Section 3 of the bill creates a new subdivision under section 609.106 (heinous crimes), which provides that a juvenile may be sentenced to life with the possibility of release if it is proven by a preponderance of the evidence that the juvenile’s relative youth and potential for rehabilitation outweighs the public’s interest in a life sentence without the possibility of release. It provides the court with factors to consider in its determination, including: defendant’s age, education, background, and mental and emotional development at the time of the offense; severity of the offense; victim and programming history; and other aggravating or mitigating circumstances. Sections 1 and 2 provide cross-references in section 244.05 – relating to the Commissioner of Correction’s release authority and minimum terms of imprisonment, which would be set at 30 years.
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