When a Minnesota judge sentences someone for a felony, two numbers set the starting point: how serious the crime is and the person’s criminal history score. The score runs from 0 to 6 or more, and on Aug. 1, 2026, the state changed how it is counted.
The rules come from the Minnesota Sentencing Guidelines, written by the Minnesota Sentencing Guidelines Commission under state law. They apply to felonies. The guidelines produce a presumptive sentence, the sentence the law presumes is right for a typical case, and judges must follow it unless there are substantial and compelling reasons to depart.
This guide explains how to read the grid, what counts toward the score and what changed in 2026.
Reading the Grid
The main sentencing grid looks like a table. Down the side are 11 severity levels, from level 1 for offenses such as fleeing a peace officer to level 11 for intentional second-degree murder. Across the top are criminal history scores of 0, 1, 2, 3, 4, 5 and 6 or more. Separate grids cover sex offenses, ranked A through I, and drug offenses, ranked D1 through D9. First-degree murder is not on any grid because it carries a mandatory life sentence.
Each cell shows a sentence in months. The cell where the severity level and the score meet is the presumptive sentence. Some cells are shaded. A shaded cell means the presumptive sentence is stayed, so the person is placed on probation, which can include up to 364 days in a local jail. An unshaded cell means the presumptive sentence is prison. Some crimes carry a mandatory minimum prison term set by statute, such as many offenses committed with a firearm or other dangerous weapon, and those require prison even when the cell is shaded.
Each cell also shows a range. For prison sentences, state law requires a range of 15% below to 20% above the fixed number, as long as the low end is at least a year and the high end does not exceed the statutory maximum. A judge can sentence anywhere in that range without it counting as a departure.
Why the Score Matters
The score can decide whether someone goes to prison. Take felony domestic assault, a level 4 offense. Under the 2026 grid, a person with a score of 0 has a presumptive stayed sentence of 12 months. A person with a score of 4 faces a presumptive prison sentence of 24 months, with a range of 21 to 28 months.
For lower-level offenses, the line comes later. A level 2 offense, such as a felony theft of $5,000 or less, is presumptively stayed for scores of 0 through 5 and becomes a presumptive 21-month prison sentence at a score of 6 or more. For levels 8 through 11, prison is presumed at every score.
What Counts Toward the Score
Under the 2026 guidelines, the score is the sum of points from two things: prior felonies, and prior misdemeanors and gross misdemeanors.
Prior Felonies
Each prior felony conviction gets a weight based on how serious it was, using the severity ranking in effect when the new offense was committed. For a current offense on the standard or drug grid, prior felonies at levels 1 and 2, or D1 and D2, are worth half a point. Levels 3 through 5, or D3 through D5, are worth one point. Levels 6 through 8, or D6 and D7, are worth one and a half points. Levels 9 through 11, D8 and D9 and first-degree murder are worth two points. Prior sex offenses carry their own weights, and the weights go up when the new offense is also a sex offense.
The total is rounded down. Someone whose prior felonies add up to 2.5 points has a felony score of 2.
A prior felony counts only if a sentence was stayed or imposed, or a stay of imposition was given, before the current sentencing. A case that ended in a stay of adjudication or a continuance for dismissal, with no judgment of guilt entered, does not count. A felony conviction that resulted in a misdemeanor or gross misdemeanor sentence is counted as a misdemeanor or gross misdemeanor. Felony convictions in extended jurisdiction juvenile cases count the same as adult felonies.
Old felonies drop off. Under the 2026 rules, a prior felony is not counted if, before the date of the new offense, the old sentence expired or was discharged, 10 years passed after the initial sentence and, for a prison sentence, 10 years passed after the sentence expired.
Prior Misdemeanors and Gross Misdemeanors
Lesser convictions count in units. A person gets one unit for each prior conviction for a targeted misdemeanor, a non-traffic gross misdemeanor, gross misdemeanor impaired driving, gross misdemeanor test refusal, gross misdemeanor reckless driving or a felony that resulted in a misdemeanor or gross misdemeanor sentence. Targeted misdemeanors are defined in state law and include misdemeanor impaired driving, fifth-degree assault, domestic assault, violating an order for protection, violating a harassment restraining order, interference with privacy, harassing phone calls, indecent exposure and violating a domestic abuse no contact order.
Four units equal one point. There are no partial points, and no one can get more than one point from misdemeanors and gross misdemeanors. Under the 2026 rules, a misdemeanor or gross misdemeanor drops off if seven years have passed between the initial sentence and the date of the new offense.
Convictions From Other States
Convictions from other states and federal courts can count. The court finds the equivalent Minnesota offense based on the elements of the out-of-state crime, and the prosecution has the burden of proving the facts needed to count it.
What Changed on Aug. 1, 2026
The Sentencing Guidelines Commission proposed changes to all four parts of the old score for a public hearing on Nov. 20, 2025, and the changes appear in the guidelines that took effect Aug. 1, 2026. They apply to felonies committed on or after that date.
- Felony decay: The period before a prior felony stops counting went from 15 years to 10 years.
- Misdemeanor decay: The period for prior misdemeanors and gross misdemeanors went from 10 years to seven years.
- Juvenile record: Prior juvenile adjudications no longer add points. Convictions from extended jurisdiction juvenile or adult certification cases still count as adult felonies.
- Custody status: Being on probation, parole or supervised release at the time of a new offense used to add custody status points to the score. It now adds a set number of months to the presumptive sentence instead and no longer changes whether the presumptive sentence is prison or probation.
The commission also moved some offenses to new severity levels. For example, second-degree assault with a dangerous weapon that causes substantial bodily harm moved from level 6 to level 7.
How Custody Status Works Now
Under the 2026 rules, custody status applies when a person commits a new felony after a guilty plea, verdict or conviction for a qualifying offense and while in one of these situations: probation, parole, supervised release, conditional release, release pending sentencing, confinement in jail or prison before or after sentencing and escape from confinement. Qualifying offenses are felonies ranked at severity level 3 or higher on the standard grid, D3 or higher on the drug grid, any sex offender grid felony and first-degree murder.
When it applies, the presumptive sentence and both ends of the range go up by the number of months in the grid’s custody status column. On the 2026 standard grid, that ranges from two months at levels 1 through 3 to 20 months at level 11. The amount doubles when a new sex offense is committed while on custody status for a prior felony sex offense. Juvenile custody status, other than for an extended jurisdiction juvenile conviction, does not count.
Departures
The presumptive sentence is a starting point, not a mandate. A judge can depart from the presumptive disposition, meaning prison or probation, or from the presumptive length, but only when there are identifiable, substantial and compelling circumstances. The judge must state the reasons, and they are filed with the commission. A defendant has the right to a jury trial on any facts used to support a harsher sentence than the guidelines call for, and those facts must be proven beyond a reasonable doubt.
The guidelines say race, sex, employment and a defendant’s exercise of constitutional rights should not be used as reasons to depart, and neither should social factors such as education, marital status and living arrangements.
How the Score Is Calculated in a Case
In a felony case, the court orders a sentencing guidelines worksheet within three days of a guilty plea or verdict. The worksheet lays out the score, and it is part of the presentence investigation report when one is ordered. Either side can challenge it at a sentencing hearing, and if the judge finds the worksheet is wrong, the judge can order a corrected one sent to the commission.
Prison Time Versus Sentence Length
The number in the grid is not the same as the time a person spends in prison. For felonies committed since Aug. 1, 1993, an executed sentence is split into two parts: a term of imprisonment equal to two-thirds of the sentence and a supervised release term equal to the remaining third. Time in prison can be extended for disciplinary violations. Under a 2023 law, people in prison can also earn incentive release credit, which can cut up to 17% of the total sentence from the prison term but cannot reduce the prison term to less than half of the total sentence.
This guide explains Minnesota law in general terms and is not legal advice. MN CRIME checked the sources below on Oct. 22, 2026.
Sources
All checked Oct. 22, 2026.
- Minnesota Sentencing Guidelines and Commentary, effective Aug. 1, 2026: sections 2.B.1, 2.B.3 and 2.B.5 on criminal history, section 2.C on presumptive sentences and custody status, section 2.D on departures, and the grids in sections 4.A, 4.B and 4.C. Published by the Minnesota Sentencing Guidelines Commission at https://mn.gov/sentencing-guidelines/ ; that site showed a CAPTCHA when checked, so the text was read from the copy posted by the Minnesota Attorney General’s Office at https://www.ag.state.mn.us/Office/Communications/2026/docs/Sentencing-Guidelines_2026.pdf and cross-checked against the Revisor’s posting at https://www.revisor.mn.gov/court_rules/sg/id/2/
- Minnesota Sentencing Guidelines Commission, Notice of Public Hearing: Proposed Amendments to the Sentencing Guidelines and Commentary, Nov. 20, 2025: the prior 15-year felony decay, the prior 10-year misdemeanor decay, the four-part score, the juvenile points and custody status proposals and the Aug. 1, 2026 effective date. https://mn.gov/sentencing-guidelines/assets/Proposed_Modifications_20_Nov_2025_Minn_Sentencing_Guidelines_tcm30-709936.pdf
- Minn. Stat. § 244.09: the commission, the required 15% below to 20% above ranges and the Aug. 1 effective date for grid changes unless the Legislature acts. https://www.revisor.mn.gov/statutes/cite/244.09
- Minn. Stat. § 299C.10, subdivision 1, paragraph e: definition of targeted misdemeanor. https://www.revisor.mn.gov/statutes/cite/299C.10
- Minnesota Rules of Criminal Procedure, Rule 27.03: sentencing worksheet, sentencing hearing, corrected worksheet and departure findings. https://www.revisor.mn.gov/court_rules/cr/id/27/
- Minn. Stat. § 244.101: two-thirds prison term and one-third supervised release. https://www.revisor.mn.gov/statutes/cite/244.101
- Minn. Stat. § 609.11, subdivisions 4, 5 and 9: mandatory minimum prison terms for listed offenses committed with a dangerous weapon or firearm. https://www.revisor.mn.gov/statutes/cite/609.11
- Minn. Stat. § 244.05, subdivision 1b, and Minn. Stat. § 244.44: supervised release and earned incentive release credit of up to 17%, never below half the term. https://www.revisor.mn.gov/statutes/cite/244.05 and https://www.revisor.mn.gov/statutes/cite/244.44
