Sentencing Guidelines Commission opens study of Minnesota’s 'Hernandizing' rule after staff data shows rising use and dispositional impact Commission staff and external researchers told the Sentencing Guidelines Commission that the Hernandez 'hernandizing' rule is being used more frequently and that in many cases it moves defendants from presumptive probation to presumptive prison; the commission formed a subcommittee and asked staff for deeper demographic and charging-pattern analyses.

The Minnesota Sentencing Guidelines Commission is delving into the controversial "hernandizing" rule, which could be shifting more defendants from probation to prison—raising critical questions about its impact on justice and racial disparities.

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Commission staff present 2024 felony sentencing data showing prison-rate gap and racial disparities Staff presented 2024 felony sentencing data showing 14,229 cases sentenced; guidelines recommended prison in 38% of cases while the actual prison rate was 25% (a 13.7 percentage-point gap). Presenters highlighted rising departure rates and significant racial disparities in sentencing and prison populations.

Minnesota's 2024 felony sentencing data reveals a striking 13.7% gap between recommended and actual prison rates, alongside alarming racial disparities that demand our attention.

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Sentencing Guidelines Commission previews legislative package; staff projects net 834 prison‑bed savings At a Nov. 20, 2025 workshop, the Sentencing Guidelines Commission reviewed draft legislative recommendations including a new severity‑9 assault offense and changes to assault and vehicular‑offense rankings; staff said adopting all proposals would reduce previously estimated bed savings from about 875 to roughly 834 beds. No formal action was taken on the recommendations.

The Sentencing Guidelines Commission is shaking up the legal landscape with a new severity-9 assault offense and proposed adjustments that could save over 800 prison beds — but what does it mean for justice in Minnesota?

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