Minnesota Legislature
HF 167
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 07:33pm
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A bill for an act
relating to judiciary; modifying requirement for presentence investigation and
written report; amending Minnesota Statutes 2020, sections 244.10, subdivision
1; 609.115, subdivisions 1, 2, 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 244.10, subdivision 1, is amended to read:
Subdivision 1.
Sentencing hearing.
Whenever a person is convicted of a felony, the
court, upon motion of either the defendant or the state, shall hold a sentencing hearing. The
hearing shall be scheduled so that the parties have adequate time to prepare and present
arguments regarding the issue of sentencing. The parties may submit written arguments to
the court prior to the date of the hearing and may make oral arguments before the court at
the sentencing hearing. Prior to the hearing, the court shall transmit to the defendant or the
defendant's attorney and the prosecuting attorney copies of the presentence investigation
reportnew text begin , if a presentence investigation and report are ordered under section 609.115new text end .
At the conclusion of the sentencing hearing or within 20 days thereafter, the court shall
issue written findings of fact and conclusions of law regarding the issues submitted by the
parties, and shall enter an appropriate order.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to presentence
investigations conducted on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2020, section 609.115, subdivision 1, is amended to read:
Subdivision 1.
Presentence investigation.
(a) When deleted text begin a defendant has been convicted of
a misdemeanor or gross misdemeanor, the court may, and when the defendant has been
convicted of a felony, the court shall,deleted text end new text begin ordered by the courtnew text end before sentence is imposed, deleted text begin causedeleted text end
a presentence investigation and written report deleted text begin todeleted text end new text begin shallnew text end be made to the court concerning the
defendant's individual characteristics, circumstances, needs, potentialities, criminal record
and social history, the circumstances of the offense and the harm caused by it to others and
to the community. deleted text begin At the request of the prosecutor in a gross misdemeanor case,deleted text end The court
shall order that a presentence investigation and report be prepareddeleted text begin .deleted text end new text begin :
new text end
new text begin
(1) when a defendant has been convicted of a felony violation of section 609.2242
(domestic assault); 609.2247 (domestic assault by strangulation); 609.322 (sex trafficking);
609.324, subdivision 1 (hiring a minor to engage in prostitution); 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344
(third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct);
609.352 (solicitation of children to engage in sexual conduct); 609.713 (threats of violence);
609.748, subdivision 6 (violation of harassment restraining order); 609.749 (harassment or
stalking); 609.78, subdivision 2 (interference with an emergency call); or 629.75 (violation
of domestic abuse no contact order);
new text end
new text begin
(2) when a defendant intends to present evidence and argument in support of a mitigated
departure during a sentencing hearing, the prosecuting attorney gives notice under section
244.10, subdivision 4, of the intent to bring a motion for an aggravated sentence, or the
court intends to consider a mitigated departure from the sentencing guidelines; or
new text end
new text begin
(3) at the request of a prosecutor or defendant in a felony or gross misdemeanor case.
new text end
new text begin The court may order that a presentence investigation and report be prepared when a defendant
has been convicted of a misdemeanor, gross misdemeanor, or any felony not listed in clause
(1).new text end The investigation shall be made by a probation officer of the court, if there is one;
otherwise it shall be made by the commissioner of corrections. The officer conducting the
presentence or predispositional investigation shall make reasonable and good faith efforts
to contact and provide the victim with the information required under section 611A.037,
subdivision 2. Presentence investigations shall be conducted and summary hearings held
upon reports and upon the sentence to be imposed upon the defendant in accordance with
this section, section 244.10, and the Rules of Criminal Procedure.
(b) When the crime is a violation of sections 609.561 to 609.563, 609.5641, or 609.576
and involves a fire, the report shall include a description of the financial and physical harm
the offense has had on the public safety personnel who responded to the fire. For purposes
of this paragraph, "public safety personnel" means the state fire marshal; employees of the
Division of the State Fire Marshal; firefighters, regardless of whether the firefighters receive
any remuneration for providing services; peace officers, as defined in section 626.05,
subdivision 2; individuals providing emergency management services; and individuals
providing emergency medical services.
(c) When the crime is a felony violation of chapter 152 involving the sale or distribution
of a controlled substance, the report may include a description of any adverse social or
economic effects the offense has had on persons who reside in the neighborhood where the
offense was committed.
(d) The report shall also include the information relating to crime victims required under
section 611A.037, subdivision 1. If the court directs, the report shall include an estimate of
the prospects of the defendant's rehabilitation and recommendations as to the sentence which
should be imposed. In misdemeanor cases the report may be oral.
(e) When a defendant has been convicted of a felony, and before sentencing, the court
shall cause a sentencing worksheet to be completed to facilitate the application of the
Minnesota Sentencing Guidelines. The worksheet shall be new text begin prepared by a probation officer
of the court, if there is one, or by the commissioner of corrections and shall be new text end submitted
deleted text begin asdeleted text end new text begin before sentencing. The worksheet may be made new text end part of the presentence investigation
reportnew text begin , if a report is orderednew text end .
(f) When a person is convicted of a felony for which the Sentencing Guidelines presume
that the defendant will be committed to the commissioner of corrections under an executed
sentence and no motion for a sentencing departure has been made by counsel, the court
may, when there is no space available in the local correctional facility, commit the defendant
to the custody of the commissioner of corrections, pending completion of the presentence
investigation and reportnew text begin , if a presentence investigation and report are orderednew text end . When a
defendant is convicted of a felony for which the Sentencing Guidelines do not presume that
the defendant will be committed to the commissioner of corrections, or for which the
Sentencing Guidelines presume commitment to the commissioner but counsel has moved
for a sentencing departure, the court may commit the defendant to the commissioner with
the consent of the commissioner, pending completion of the presentence investigation and
reportnew text begin , if a presentence investigation and report are orderednew text end . The county of commitment
shall return the defendant to the court when the court so orders.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to presentence
investigations conducted on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2020, section 609.115, subdivision 2, is amended to read:
Subd. 2.
Life imprisonment report.
If the defendant has been convicted of a crime for
which a mandatory sentence of life imprisonment is provided by law, the probation officer
of the court, if there is one, otherwise the commissioner of corrections, shall forthwith make
a postsentence investigation and make a written report new text begin if a presentence investigation and
report are ordered and new text end as provided by subdivision 1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to presentence
investigations conducted on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2020, section 609.115, subdivision 8, is amended to read:
Subd. 8.
Chemical use assessment required.
(a) If a person is convicted of a felony,
the probation officer shall determine in the report new text begin ordered and new text end prepared under subdivision
1 whether or not alcohol or drug use was a contributing factor to the commission of the
offense. If so, the report shall contain the results of a chemical use assessment conducted
in accordance with this subdivision. The probation officer shall make an appointment for
the defendant to undergo the chemical use assessment if so indicated.
(b) The chemical use assessment report must include a recommended level of care for
the defendant in accordance with the criteria contained in rules adopted by the commissioner
of human services under section 254A.03, subdivision 3. The assessment must be conducted
by an assessor qualified under rules adopted by the commissioner of human services under
section 254A.03, subdivision 3. An assessor providing a chemical use assessment may not
have any direct or shared financial interest or referral relationship resulting in shared financial
gain with a treatment provider, except as authorized under section 254A.19, subdivision 3.
If an independent assessor is not available, the probation officer may use the services of an
assessor authorized to perform assessments for the county social services agency under a
variance granted under rules adopted by the commissioner of human services under section
254A.03, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to presentence
investigations conducted on or after that date.
new text end