SF 1027

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to domestic abuse; changing procedures and 
  1.3             terminology for presentence domestic abuse 
  1.4             investigations; amending Minnesota Statutes 1996, 
  1.5             section 609.2244. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 609.2244, is 
  1.8   amended to read: 
  1.9      609.2244 [PRESENTENCE DOMESTIC ABUSE ASSESSMENTS 
  1.10  INVESTIGATIONS.] 
  1.11     Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT INVESTIGATION.] 
  1.12  A presentence domestic abuse assessment investigation must be 
  1.13  conducted and an assessment a report submitted to the court by 
  1.14  the county corrections agency responsible for administering the 
  1.15  assessment conducting the investigation when: 
  1.16     (1) a defendant is convicted of an offense described in 
  1.17  section 518B.01, subdivision 2; or 
  1.18     (2) a defendant is arrested for committing an offense 
  1.19  described in section 518B.01, subdivision 2, but is convicted of 
  1.20  another offense arising out of the same circumstances 
  1.21  surrounding the arrest. 
  1.22     Subd. 2.  [REPORT.] (a) The assessment report must contain 
  1.23  an evaluation of the convicted defendant department of 
  1.24  corrections shall establish minimum standards for the report, 
  1.25  including the circumstances of the offense, impact on the 
  2.1   victim, the defendant's prior record, characteristics and 
  2.2   history of alcohol and chemical use problems, and amenability to 
  2.3   domestic abuse counseling programs.  The report is classified as 
  2.4   private data on individuals as defined in section 13.02, 
  2.5   subdivision 12.  Victim impact statements are confidential. 
  2.6      (b) The assessment report must include: 
  2.7      (1) a recommendation on any limitations on contact with the 
  2.8   victim and other measures to ensure the victim's safety; 
  2.9      (2) a recommendation for the defendant to enter and 
  2.10  successfully complete domestic abuse counseling programming and 
  2.11  any aftercare found necessary by the assessment investigation; 
  2.12     (3) a recommendation for chemical dependency evaluation and 
  2.13  treatment as determined by the evaluation whenever alcohol or 
  2.14  drugs were found to be a contributing factor to the offense; 
  2.15     (4) recommendations for other appropriate remedial action 
  2.16  or care, which may consist of educational programs, one-on-one 
  2.17  counseling, a program or type of treatment that addresses mental 
  2.18  health concerns, or a specific explanation why no level of care 
  2.19  or action is recommended; and 
  2.20     (5) consequences for failure to abide by conditions set up 
  2.21  by the court. 
  2.22     Subd. 3.  [ASSESSOR CORRECTIONS AGENTS STANDARDS; RULES; 
  2.23  ASSESSMENT INVESTIGATION TIME LIMITS.] A domestic 
  2.24  abuse assessment investigation required by this section must be 
  2.25  conducted by an assessor approved by the court, the local 
  2.26  corrections department, or the commissioner of corrections.  The 
  2.27  assessor corrections agent shall have access to any police 
  2.28  reports or other law enforcement data relating to the current 
  2.29  offense or previous offenses that are necessary to complete the 
  2.30  evaluation.  An assessor providing A corrections agent 
  2.31  conducting an assessment investigation under this section may 
  2.32  not have any direct or shared financial interest or referral 
  2.33  relationship resulting in shared financial gain with a treatment 
  2.34  provider.  An appointment for the defendant to undergo 
  2.35  the assessment shall investigation must be made by the court, a 
  2.36  court services probation officer, or court administrator as soon 
  3.1   as possible but in no case more than one week after the 
  3.2   defendant's court appearance.  The assessment must be completed 
  3.3   no later than three weeks after the defendant's court date. 
  3.4      Subd. 4.  [DOMESTIC ABUSE ASSESSMENT INVESTIGATION FEE.] 
  3.5   When the court sentences a person convicted of an offense 
  3.6   described in section 518B.01, subdivision 2, the court shall 
  3.7   impose a domestic abuse assessment investigation fee of $125.  
  3.8   This fee must be imposed whether the sentence is executed, 
  3.9   stayed, or suspended.  The court may not waive payment or 
  3.10  authorize payment of the fee in installments unless it makes 
  3.11  written findings on the record that the convicted person is 
  3.12  indigent or that the fee would create undue hardship for the 
  3.13  convicted person or that person's immediate family.  The person 
  3.14  convicted of the offense and ordered to pay the fee shall pay 
  3.15  the fee to the county corrections department or other designated 
  3.16  agencies conducting the assessment investigation.