When Current Convictions Become Criminal History

As part of the Minnesota Sentencing Guidelines Commission Research Support Project, Robina Institute researchers examined an unusual rule in the Minnesota Sentencing Guidelines that allows early accrual of criminal history at sentencing, known as the “Hernandez rule,” used in prosecutions with multiple counts not arising from a single course of conduct.

This policy brief highlights the authors' concerns about the Hernandez rule and outlines selected policy options to address them.