Minnesota Statutes

Minn. Stat. § 152.152 (2026)

Stayed Sentence Limited

✓ current as of May 2026

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If a person is convicted under section 152.021, 152.022, 152.023, or 152.0262, and the Sentencing Guidelines grid calls for a presumptive prison sentence for the offense, the court may stay imposition or execution of the sentence only as provided in this section. The sentence may be stayed based on amenability to probation only if the offender presents adequate evidence to the court that the offender has been accepted by, and can respond to, a treatment program that has been approved by the commissioner of human services. The court may impose a sentence that is a mitigated dispositional departure on any other ground only if the court includes as a condition of probation incarceration in a local jail or workhouse.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2007–2024 · leading case: State v. Turck, 728 N.W.2d 544 (Minn. Ct. App. 2007).

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State v. Turck, 728 N.W.2d 544 (Minn. Ct. App. 2007). · cites it 12× “Minn.Stat. § 152.152 (Supp.2005). Here, the three significant statutory sections— 152.”

State of Minnesota v. Christopher Eric Vines (Minn. Ct. App. 2024). · cites it 48× “the following as a mitigating factor that “may be used” as a reason for departure: In the case of a controlled substance offense conviction, the offender is found by the district court to be particularly amenable to probation based on adequate evidence that the offender is…”

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