HF 286

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/06/2021 12:49pm

A bill for an act
relating to crime; authorizing the inclusion of a family impact statement in a
presentence investigation report; amending Minnesota Statutes 2020, section
609.115, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 609.115, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Family impact statement. new text end

new text begin When a defendant appears in court and is convicted
of a crime, the court shall inquire whether the defendant is a parent, guardian, or caregiver
of a minor child. If the defendant is a parent, guardian, or caregiver of a minor child, and
if the defendant may be sentenced to a term of imprisonment, prior to sentencing, the court
may:
new text end

new text begin (1) order that the officer preparing the report under subdivision 1 prepare a family impact
statement that addresses the impact on the minor child and other family members that would
result if the defendant is sentenced to a term of imprisonment, including the impact on the
financial needs of the child and other family members, the relationship between the defendant
and the child, the defendant's duties and responsibilities as a parent, guardian, or caregiver
of the child, the availability of community and family support for the child, and the likely
impact on the child's health, safety, emotional well-being, and education, for the purpose
of providing the court with information regarding sentencing options other than a term of
imprisonment; and
new text end

new text begin (2) consider the family impact statement in imposing a sentence.
new text end