Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 38-H.F.No. 335 
           An act relating to corrections; removing certain 
          information from the certified record for commitment 
          of persons convicted of a felony or gross misdemeanor; 
          amending Minnesota Statutes 1984, section 243.49. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, 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 which sentences a defendant for a felony or 
gross misdemeanor to the custody of the commissioner of 
corrections or to the superintendent of the work house or work 
farm, shall provide the officer or person having custody of the 
defendant a certified record for commitment, including (1) a 
copy of the indictment and plea, (2) the name and residence of 
the judge presiding, of the prosecuting officer, of the 
defendant's attorney, of the jurors, and of the witnesses sworn 
on the trial or proceedings, (3) a transcript of the sentencing 
proceedings, with the date thereof, together with the 
defendant's statement under oath, if 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 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, his citizenship, the number, dates, places and 
causes of any prior convictions, and (4) (3) if the person 
pleaded guilty, a transcript of the sentencing proceedings.  The 
record shall also include the trial judge's impressions of the 
mental and physical condition of the defendant, his general 
character, capacity, disposition, habits and special needs.  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 defendant.  The clerk 
shall also deliver to the sheriff or other officer or person 
conveying the defendant to the correctional facility, work 
house, or work farm designated by the commissioner of 
corrections or the judge a warrant of commitment together with a 
certified copy of the warrant directing him to deliver the 
person and the certified record for commitment to the principal 
officer in charge of the correctional facility, work house, or 
work farm.  Upon the delivery of any person, the principal 
officer in charge of the correctional facility, work house, or 
work farm shall keep the certified copy of the warrant of 
commitment and endorse his receipt upon the original, which 
shall be filed with the sentencing court.  The clerk shall 
retain one copy of the required transcripts, and a tape 
recording and the court reporter's notes of all other 
proceedings. 
    Approved April 29, 1985