Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 40--S.F.No. 552
           An act relating to corrections; clarifying the duties 
          of the clerk of court with respect to preparation of 
          necessary commitment papers when a person is sentenced 
          for a felony or gross misdemeanor to the custody of 
          the commissioner of corrections or to the 
          superintendent of a work house or work farm; amending 
          Minnesota Statutes 1982, section 243.49. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 243.49, is 
amended to read: 
    243.49 [COMMITMENT PAPERS; DUTY OF CLERK.] 
    Upon a plea of guilty or finding of guilty after trial, the 
clerk of every court by which a person shall be sentenced 
sentences a defendant for a felony or gross misdemeanor to the 
custody of the commissioner of corrections or to the corrections 
board, or to the superintendent of the work house or work farm, 
shall furnish to provide the officer or person having such 
person in charge custody of the defendant a certified record for 
commitment containing, including (1) a copy of the indictment 
and plea, (2) the name and residence of the judge presiding, of 
the prosecuting officer, of the person's defendant's attorney, 
of the jurors, and of the witnesses sworn on the trial or 
proceedings, a transcript of the arraignment and all other 
district court pre-trial proceedings, the charge of the court, 
the verdict and (3) a transcript of the sentencing proceedings, 
with the date thereof, together with the person's defendant's 
statement under oath, if obtainable from him obtained, as to his 
true name, his residence, if any, the date and place of his 
birth, the names and addresses of his parents and other 
relatives and of persons by whom he has been employed or is well 
known employers and others who know him well, his social and 
other affiliations, his past occupations and employments, his 
former places of residence and the period of time and the dates 
he has resided in each, with the dates thereof, his citizenship, 
the number, dates, places and causes of any prior convictions, 
and the event thereof, and, in cases in which and (4) if the 
person pleads pleaded guilty, a transcript of the sentencing 
proceedings relative thereto; to which shall be attached, in all 
cases, the impressions of the trial judge as to.  The record 
shall also include the trial judge's impressions of the mental 
and physical condition of the person defendant, his general 
character, capacity, disposition, habits and special needs; 
which.  The court reporter shall provide the required 
transcripts.  The certified record for commitment may be used as 
evidence in any post-conviction proceeding brought by the 
person.  The transcripts above referred to shall be furnished by 
the court reporter defendant.  The clerk shall also deliver to 
the sheriff or other officer or person conveying the person 
defendant to the place of confinement correctional facility, 
work house, or work farm designated by the commissioner of 
corrections or the corrections board or the judge a warrant of 
commitment together with a certified copy thereof of the warrant 
directing him to deliver the person and the certified record for 
commitment to the principal officer in charge of such place of 
confinement the correctional facility, work house, or work 
farm.  Upon the delivery of any such person, the principal 
officer in charge of such place of confinement the correctional 
facility, work house, or work farm shall retain keep the 
certified copy of the warrant of commitment and endorse his 
receipt upon the original, which shall be filed in the with the 
sentencing court of commitment.  The clerk shall retain one copy 
of the required transcripts above referred to, and a tape 
recording and the court reporter's notes of all other 
proceedings. 
    Approved April 19, 1983