HF 4023

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; implementing mental health assessments for presentence
investigations; amending Minnesota Statutes 2004, sections 609.115, by adding a
subdivision; 609.135, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 609.115, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Mental health assessment required. new text end

new text begin If a person is convicted of a
misdemeanor or gross misdemeanor and the court orders that a presentence investigation
and written report be made to the court under subdivision 1, the probation officer shall
determine whether or not mental illness may have been a contributing factor to the
commission of the offense. If the probation officer has information indicating that
mental illness was a contributing factor, the report shall contain the results of a mental
health assessment conducted in accordance with sections 245.461 to 245.486, the
Minnesota Comprehensive Adult Mental Health Act. The probation officer shall make an
appointment for the defendant to undergo the mental health assessment if so indicated.
The mental health assessment report must include a recommended plan for mental health
treatment or counseling for the defendant. If the defendant has undergone a mental health
assessment in accordance with this subdivision in the previous six months, the previous
assessment satisfies the provisions of this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Mental illness as a contributing factor. new text end

new text begin If a person is convicted of
a misdemeanor or gross misdemeanor and the results of a mental health assessment
conducted under section 609.115, subdivision 10, recommend mental health treatment or
counseling, a court staying imposition or execution of a sentence shall order a defendant
to undergo mental health treatment or counseling as a condition of the stay. A court may
waive this condition if the court makes written findings indicating why mental health
treatment or counseling is not appropriate or practicable under the circumstances of the
case. This subdivision applies to a stay of imposition or execution of a sentence that
includes or does not include a term of incarceration as a condition of the stay.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end