HF 1082

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/15/2021 02:31pm

A bill for an act
relating to crime; authorizing the inclusion of a disability 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 Disability impact statement. new text end

new text begin (a) When a defendant appears in court and is
convicted of a crime, the court shall inquire whether the defendant is an individual with a
disability. For the purposes of this subdivision, "disability" has the meaning given in the
Americans with Disabilities Act of 1990, as amended by the Americans with Disabilities
Act Amendment Act of 2008, United States Code, Title 42, section 12102.
new text end

new text begin (b) If the defendant is an individual with a disability and may be sentenced to a term of
imprisonment, the court:
new text end

new text begin (1) may order that the presentence investigator preparing the report under subdivision
1 prepare an impact statement that addresses the impact on a person's disability including
but not limited to health, housing, family, employment effect of benefits, and potential for
abuse if the defendant is sentenced to a term of imprisonment, for the purpose of providing
the court with information regarding sentencing options other than a term of imprisonment;
new text end

new text begin (2) must consider the impact statement in imposing a sentence; and
new text end

new text begin (3) must consider the least restrictive environment to meet the state's penal objective.
new text end