Left-wing DA forcing prosecutors to consider 'racial identity' in plea deals

"While racial identity and age are not appropriate grounds for departures [from the Minnesota Sentencing Guidelines], proposed resolutions should consider the person charged as a whole person, including their racial identity and age," the internal document states, according to the outlet.

"While these factors should not be controlling, they should be part of the overall analysis. Racial disparities harm our community, lead to distrust, and have a negative impact on community safety. Prosecutors should be identifying and addressing racial disparities at decision points, as appropriate," it continues. 

The policy changes are set to take effect on April 28, according to the outlet. Hennepin County encompasses the city of Minneapolis and is the most populous county in the Democrat-run state. 

The "Negotiations Policy for Cases Involving Adult Defendants" began circulating in the county attorney's office last week, KARE 11 reported.

Fox News Digital reached out to the Hennepin County Attorney's Office on Sunday morning regarding the policy update, motivation behind the internal document and whether there are any concerns over the constitutionality of the changes, and is awaiting a response. 

The reported plea deal policy comes with constitutionality issues, according to KARE 11, which spoke to local attorneys to weigh in on the change. 

"It both says, 'Don't take race into account,' presumably because of the constitutional problems with taking race into account in addition to potentially political objections, but it simultaneously says this is something you should consider," Jill Hasday, a University of Minnesota law professor, told the outlet. "And the problem for the drafters of this policy is, once you take race into account, it doesn't really matter what else you say. The policy is going to be struck down."

Another local attorney brushed off constitutionality concerns, saying that county prosecutors are directed to steer clear of racial disparities, not create them. 

"I definitely think that some people will get worked up about the issue, but I don't see a constitutional problem, and that's specifically because the policy tells prosecutors to avoid racial disparities. Not to create them," University of St. Thomas law professor Rachel Moran told the outlet. 

The Equal Protection Clause of the Constitution requires states to govern impartially, meaning that states and official government actions cannot discriminate or treat individuals differently based on characteristics such as race. 

"Our sentencing guidelines that criminal justice professionals use every single day in court say that race should not be used in that calculus. This seems to contradict our sentencing guidelines," former Washington County, Minnesota, prosecutor Imran Ali told the outlet. "It's inconsistent not only with our sentencing guidelines, but the policy in and of itself is inconsistent."

"This policy acknowledges that there are many factors to be considered in negotiations. Each case - and defendant - is unique. Someone's age may change the likelihood of growth and change. A defendant's race matters because we know unaddressed unconscious biases lead to racial disparities, which is an unacceptable outcome," the office told the outlet. 

"Our goal with this policy matches the goal of all our work: to achieve safe, equitable, and just outcomes that center the healing of victims while improving public safety," the office continued. 

Fox News Digital's Deirdre Heavey and Andrew Mark Miller contributed to this report.