HF 3494

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; providing for a verdict of guilty 
  1.3             but mentally ill; amending Minnesota Statutes 2000, 
  1.4             sections 609.02, subdivision 5; 609.1095, subdivision 
  1.5             1; proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 630. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 609.02, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [CONVICTION.] "Conviction" means any of the 
  1.11  following accepted and recorded by the court: 
  1.12     (1) A plea of guilty; or 
  1.13     (2) A plea of guilty but mentally ill; 
  1.14     (3) A verdict of guilty by a jury or a finding of guilty by 
  1.15  the court; or 
  1.16     (4) A verdict of guilty but mentally ill by a jury or a 
  1.17  finding of guilty but mentally ill by the court. 
  1.18     Sec. 2.  Minnesota Statutes 2000, section 609.1095, 
  1.19  subdivision 1, is amended to read: 
  1.20     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.21  the following terms have the meanings given.  
  1.22     (b) "Conviction" means any of the following accepted and 
  1.23  recorded by the court:  a plea of guilty, a plea of guilty but 
  1.24  mentally ill, a verdict of guilty by a jury, or a finding of 
  1.25  guilty by the court, or a verdict of guilty but mentally ill by 
  1.26  a jury or a finding of guilty but mentally ill by the court.  
  2.1   The term includes a conviction by any court in Minnesota or 
  2.2   another jurisdiction.  
  2.3      (c) "Prior conviction" means a conviction that occurred 
  2.4   before the offender committed the next felony resulting in a 
  2.5   conviction and before the offense for which the offender is 
  2.6   being sentenced under this section. 
  2.7      (d) "Violent crime" means a violation of or an attempt or 
  2.8   conspiracy to violate any of the following laws of this state or 
  2.9   any similar laws of the United States or any other state:  
  2.10  section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
  2.11  609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
  2.12  609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
  2.13  609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
  2.14  609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
  2.15  609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
  2.16  609.687; 609.855, subdivision 5; any provision of sections 
  2.17  609.229; 609.377; 609.378; 609.749; and 624.713 that is 
  2.18  punishable by a felony penalty; or any provision of chapter 152 
  2.19  that is punishable by a maximum sentence of 15 years or more. 
  2.20     Sec. 3.  [630.305] [AUTHORIZED PLEAS.] 
  2.21     A defendant in a criminal case may plead: 
  2.22     (1) guilty; 
  2.23     (2) guilty but mentally ill; 
  2.24     (3) not guilty; or 
  2.25     (4) not guilty by reason of insanity. 
  2.26     Sec. 4.  [630.306] [GUILTY BUT MENTALLY ILL.] 
  2.27     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  2.28  section, the following terms have the meanings given: 
  2.29     (a) "Mentally ill" means a condition that involves a 
  2.30  substantial disorder of thought, mood, or behavior and that, at 
  2.31  the time of the commission of an alleged criminal act, impairs a 
  2.32  person's judgment, but not to the point where the person was 
  2.33  legally insane. 
  2.34     (b) "Legally insane" means a condition in which, at the 
  2.35  time of the commission of an alleged criminal act, the person 
  2.36  was laboring under such a defect of reason from a disease or 
  3.1   disorder of the mind as to not know the nature of the act or 
  3.2   that it was wrong. 
  3.3      Subd. 2.  [ACCEPTANCE OF PLEA.] If a plea of guilty but 
  3.4   mentally ill is entered by a defendant, the court shall inform 
  3.5   the defendant that the plea is not a defense to the alleged 
  3.6   offense and may only accept the plea if the following conditions 
  3.7   apply: 
  3.8      (1) the defendant has undergone an examination by a 
  3.9   clinical psychologist or psychiatrist; 
  3.10     (2) the court has examined the psychiatric or psychological 
  3.11  report or reports; and 
  3.12     (3) a hearing on the issue of the defendant's mental 
  3.13  condition has been held, following which the court is satisfied 
  3.14  that there is a factual basis that the defendant was mentally 
  3.15  ill at the time of the offense to which the plea is entered. 
  3.16     Subd. 3.  [CRITERIA.] A person charged with a criminal 
  3.17  offense may be found guilty but mentally ill if the fact finder 
  3.18  finds beyond a reasonable doubt that the person: 
  3.19     (1) was guilty of the offense; 
  3.20     (2) was mentally ill at the time of the commission of the 
  3.21  offense; and 
  3.22     (3) was not legally insane at the time of the commission of 
  3.23  the offense. 
  3.24     Subd. 4.  [SENTENCE.] The court may sentence a person who 
  3.25  is found guilty but mentally ill or who has entered a plea of 
  3.26  guilty but mentally ill to any sentence authorized under law.  
  3.27  If a mandatory sentence applies to the offense committed, the 
  3.28  court shall pronounce that sentence. 
  3.29     Subd. 5.  [COMMITMENT TO COMMISSIONER OF CORRECTIONS.] (a) 
  3.30  When a person who was found guilty but mentally ill or who has 
  3.31  pled guilty but mentally ill is committed to the custody of the 
  3.32  commissioner of corrections, the commissioner shall ensure that 
  3.33  the person undergoes further evaluation and be given appropriate 
  3.34  treatment for the person's mental illness.  This treatment may 
  3.35  be provided by the department of corrections or by the 
  3.36  department of human services after a transfer under section 
  4.1   241.07.  However, the person shall remain committed to the 
  4.2   custody of the commissioner of corrections for the entirety of 
  4.3   the person's executed sentence and may only be released from 
  4.4   confinement as provided in section 244.05. 
  4.5      (b) If the person still suffers from mental illness 90 days 
  4.6   prior to the expiration of the person's executed sentence, the 
  4.7   commissioner shall make a preliminary determination whether, in 
  4.8   the commissioner's opinion, a petition under chapter 253B may be 
  4.9   appropriate.  If the commissioner determines that a petition is 
  4.10  appropriate, the commissioner shall forward this determination, 
  4.11  along with a summary of the reasons for the determination, to 
  4.12  the county attorney in the county where the person was convicted 
  4.13  no later than 60 days before the person's release date.  Upon 
  4.14  receiving the commissioner's preliminary determination, the 
  4.15  county attorney, if satisfied that good cause exists, shall 
  4.16  prepare a petition for the appropriate commitment under chapter 
  4.17  253B considering the person's illness.  The commissioners of 
  4.18  corrections and human services shall release to the county 
  4.19  attorney all requested documentation maintained by their 
  4.20  respective departments. 
  4.21     Subd. 6.  [PROBATION.] When a court stays the imposition or 
  4.22  execution of sentence for a defendant who was found guilty but 
  4.23  mentally ill or who has pled guilty but mentally ill, the court 
  4.24  shall order the defendant to successfully complete a mental 
  4.25  health treatment program as a condition of probation. 
  4.26     Subd. 7.  [EFFECT ON INSANITY DEFENSE.] Nothing in this 
  4.27  section shall be construed to repeal or otherwise abrogate the 
  4.28  defense of insanity as described in section 611.026 or the Rule 
  4.29  of Criminal Procedure. 
  4.30     Sec. 5.  [RULE SUPERSEDED.] 
  4.31     Minnesota Rules of Criminal Procedure, rule 14.01, is 
  4.32  superseded to the extent it conflicts with section 630.305. 
  4.33     Sec. 6.  [EFFECTIVE DATE.] 
  4.34     Sections 1 to 5 are effective August 1, 2002, and apply to 
  4.35  crimes committed on or after that date.