SF 3134

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing that 
  1.3             presentence investigations may be conducted only after 
  1.4             a guilty plea or conviction; amending Minnesota 
  1.5             Statutes 1998, section 609.115, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 609.115, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
  1.10  defendant has been convicted of a misdemeanor or gross 
  1.11  misdemeanor, the court may, and when the defendant has been 
  1.12  convicted of a felony, the court shall, before sentence is 
  1.13  imposed, cause a presentence investigation and written report to 
  1.14  be made to the court concerning the defendant's individual 
  1.15  characteristics, circumstances, needs, potentialities, criminal 
  1.16  record and social history, the circumstances of the offense and 
  1.17  the harm caused by it to others and to the community.  At the 
  1.18  request of the prosecutor in a gross misdemeanor case, the court 
  1.19  shall order that a presentence investigation and report be 
  1.20  prepared.  The investigation shall be made by a probation 
  1.21  officer of the court, if there is one; otherwise it shall be 
  1.22  made by the commissioner of corrections.  The officer conducting 
  1.23  the presentence or predispositional investigation shall make 
  1.24  reasonable and good faith efforts to contact and provide the 
  1.25  victim with the information required under section 611A.037, 
  2.1   subdivision 2.  Presentence investigations shall be conducted 
  2.2   and summary hearings held upon reports and upon the sentence to 
  2.3   be imposed upon the defendant in accordance with this section, 
  2.4   section 244.10, and the Rules of Criminal Procedure. 
  2.5      (b) A presentence investigation may be completed only after 
  2.6   a defendant has plead guilty or has been convicted of an offense.
  2.7      (c) When the crime is a violation of sections 609.561 to 
  2.8   609.563, 609.5641, or 609.576 and involves a fire, the report 
  2.9   shall include a description of the financial and physical harm 
  2.10  the offense has had on the public safety personnel who responded 
  2.11  to the fire.  For purposes of this paragraph, "public safety 
  2.12  personnel" means the state fire marshal; employees of the 
  2.13  division of the state fire marshal; firefighters, regardless of 
  2.14  whether the firefighters receive any remuneration for providing 
  2.15  services; peace officers, as defined in section 626.05, 
  2.16  subdivision 2; individuals providing emergency management 
  2.17  services; and individuals providing emergency medical services. 
  2.18     (c) (d) When the crime is a felony violation of chapter 152 
  2.19  involving the sale or distribution of a controlled substance, 
  2.20  the report shall include a description of any adverse social or 
  2.21  economic effects the offense has had on persons who reside in 
  2.22  the neighborhood where the offense was committed. 
  2.23     (d) (e) The report shall also include the information 
  2.24  relating to crime victims required under section 611A.037, 
  2.25  subdivision 1. If the court directs, the report shall include an 
  2.26  estimate of the prospects of the defendant's rehabilitation and 
  2.27  recommendations as to the sentence which should be imposed.  In 
  2.28  misdemeanor cases the report may be oral. 
  2.29     (e) (f) When a defendant has been convicted of a felony, 
  2.30  and before sentencing, the court shall cause a sentencing 
  2.31  worksheet to be completed to facilitate the application of the 
  2.32  Minnesota sentencing guidelines.  The worksheet shall be 
  2.33  submitted as part of the presentence investigation report.  
  2.34     (f) (g) When a person is convicted of a felony for which 
  2.35  the sentencing guidelines presume that the defendant will be 
  2.36  committed to the commissioner of corrections under an executed 
  3.1   sentence and no motion for a sentencing departure has been made 
  3.2   by counsel, the court may, when there is no space available in 
  3.3   the local correctional facility, commit the defendant to the 
  3.4   custody of the commissioner of corrections, pending completion 
  3.5   of the presentence investigation and report.  When a defendant 
  3.6   is convicted of a felony for which the sentencing guidelines do 
  3.7   not presume that the defendant will be committed to the 
  3.8   commissioner of corrections, or for which the sentencing 
  3.9   guidelines presume commitment to the commissioner but counsel 
  3.10  has moved for a sentencing departure, the court may commit the 
  3.11  defendant to the commissioner with the consent of the 
  3.12  commissioner, pending completion of the presentence 
  3.13  investigation and report.  The county of commitment shall return 
  3.14  the defendant to the court when the court so orders. 
  3.15     Sec. 2.  [EFFECTIVE DATE.] 
  3.16     Section 1 is effective August 1, 2000, and applies to 
  3.17  investigations conducted on or after that date.