For Sex Offenders Serving a Life Sentence "Minimum Term of Imprisonment" Before Eligible for Release Consideration is a Guidelines Number

Rushton v. State, Minn.S.Ct., 1/25/2017.  Certain repeat sex offenders are subject to a statutory requirement of a life sentence with possibility of release.  Minn. Stat. 609.3455, subd. 4. Subdivision 5 of this statute directs the district court to “specify a minimum term of imprisonment, based on the sentencing guidelines or any applicable mandatory minimum sentence” that “must be served before the offender may be considered for supervised release.” Minn. Stat. § 609.3455, subd. 5. Mr. Rushton is serving such a life sentence with possibility of release.  He thought, however, that "minimum term of imprisonment" meant two-thirds of his presumptive guidelines sentence.  There's a statute that says just that, Minn.Stat. 244.101, subd. 1(1); "minimum term of imprisonment" is defined as "equal to two-thirds of the executed sentence."

Justice Chutich, however, thought that the more specific directive of 609.3455, subdivision 5 controlled.  The court still had to interpret the phrase "minimum term of imprisonment," which it did by saying that the language of the statute was unambiguous.  The reference to the guidelines meant that the trial court was required to determine the offender's criminal history score on the two axis and pick a number from the resulting box.  That number would be the "minimum term of imprisonment" that the offender would have to serve before he could be considered for release.

The court was clear in saying that this was the drill for sex offenders subject to the life sentence under 609,3455.  For everyone else "minimum term of imprisonment" means two-thirds of the actual sentence:

Nothing in our opinion today should be read as altering the general definition of “minimum term of imprisonment” contained in section 244.101 or Minnesota Sentencing Guidelines 1.B.7 for cases not involving a mandatory life sentence under Minnesota Statutes § 609.3455, subd. 5. As we stated in Hodges, “[i]n most cases, the minimum term of imprisonment ‘is the period of time equal to two-thirds of the inmate’s executed sentence.’ ” 784 N.W.2d at 829 n.2 (emphasis added) (quoting Minn. Stat. § 244.01, subd. 8). But, in cases involving a mandatory life sentence for certain repeat sexual offenders, Minnesota Statutes § 609.3455, subd. 5, and Minnesota Sentencing Guidelines 2.C.3(a)(1) provide a different method for calculating a minimum term of imprisonment.