Hennepin County Attorney's Office announces application process for prosecutor-initiated sentence adjustment

The Hennepin County Attorney’s Office today announced an application process for currently-incarcerated individuals with Hennepin County convictions to seek relief under a new law passed by the Minnesota Legislature in 2023 known as Prosecutor-Initiated Sentence Adjustment (PISA). The new law allows prosecutors to ask a judge to adjust an original sentence of a past criminal prosecution if the sentence no longer serves the interest of justice and public safety.

Prosecutors are not permitted to seek longer sentences under this law. The Hennepin County Attorney’s Office is working with lawyers at the University of St. Thomas School of Law to review and process applications.

“Circumstances change over time and some people in prison no longer need to be there to protect public safety or serve the interests of justice,” Hennepin County Attorney Mary Moriarty said. “It’s our responsibility as prosecutors to seek justice. Protecting public safety does not end at sentencing. More people are serving time in prison for Hennepin County convictions than any other county. This new process will help us consider individual cases in a fair, transparent way.”

There are over 2,000 individuals serving prison sentences for Hennepin County convictions. Given the high number of potentially eligible individuals, the Hennepin County Attorney’s Office is prioritizing individuals who:

Are currently incarcerated,
Are not scheduled for release until at least 2027,
Have served more than 3 years in prison, and
Do not have any open cases.

The application can be downloaded here.

Under PISA, judges consider sentence adjustments using the following factors:

the impact a sentence adjustment would have on public safety
how an adjustment would promote the rehabilitation of the individual
whether an adjustment would properly reflect the severity of the underlying offense or reduce sentencing disparities
statements by a victim about the harm suffered and the potential sentence adjustment

Victims’ voices will play an important part in this process. Two victims’ rights groups, Violence Free Minnesota, a coalition to end relationship abuse, and MNCASA, the Minnesota Coalition Against Sexual Assault, supported the passage of the PISA law.

Under the law, prosecutors and the court must consider the impact a sentence adjustment would have on victims. Victims or a victim’s family have the right to provide input and make a statement to the court about a possible sentence adjustment. The HCAO will notify the victim or victim’s family when it has decided to move forward with a case and assign a victim-witness staff member to guide the victim or family through the process.

The judge must find substantial and compelling reasons to adjust an individual’s sentences. Potential adjustments have the following limitations:

The court cannot increase someone’s sentence
The court cannot reduce or eliminate restitution
The court cannot reduce or eliminate conditional release if required by law after someone has served time in prison

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