Olmsted County Officials Oppose Proposed Sentencing Changes
Rochester, MN (KROC-AM News) - Olmsted County Sheriff Kevin Torgerson and Olmsted County Attorney Michael Walters are among the law enforcement and judicial system officials expressing concern about proposals being considered by the Minnesota Sentencing Guidelines Commission.
Sheriff Torgerson Discusses Proposed Sentencing Changes
Sheriff Torgerson discussed the issue during his regular appearance on Rochester Today with Andy Brownell on News-Talk 1340 KROC-AM and 96.9 FM.
Click on the link below to listen to the full interview.
The Minnesota County Attorneys Association recently published a letter expressing its opposition to the sentencing guidelines commission’s consideration of proposed changes to a sentencing practice known as “Hernandizing.” The letter was signed by members of the organization’s executive committee, including Olmsted County Attorney Michael Walters.
What Is Hernandizing Under Minnesota Sentencing Guidelines?
The letter explains that “Hernandizing” was upheld by the Minnesota Supreme Court in a 1981 ruling. The practice allows a judge to sentence a criminal offender for multiple convictions at the same time while adding “points” to the individual’s criminal history score for each conviction. Under the state sentencing guidelines system, recommended sentences are assigned based on the severity of the offense and an offender’s criminal history score. Offenders with higher scores typically face longer prison or jail sentences.
Proposal Could Change Sentencing Outcomes for Repeat Offenders
According to the County Attorneys Association, one proposal being considered by the commission would end that practice and could “risk treating defendants with multiple convictions more leniently simply because their cases happened to be resolved in a single proceeding.” Court records show that “Hernandizing” is most often applied in cases involving plea agreements that cover multiple separate crimes and multiple victims.
County Attorneys Association Warns of Potential Impact
The letter from the County Attorneys Association cites a criminal case as an example. It involves a person convicted of sexually abusing two young children on separate occasions and producing child pornography while sexually assaulting the victims. The association says that applying “Hernandizing” to the multiple convictions resulted in a criminal history score that led to a 30-year prison sentence. Under the proposal, the association says, state sentencing guidelines would call for a 12-year prison sentence.
In opposing the proposed changes, the County Attorneys Association describes “Hernandizing” as one of its best tools for prosecuting repeat offenders in cases involving crimes such as domestic abuse, possession and manufacture of child sexual abuse material, and drug dealing”
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Gallery Credit: Carly Ross
