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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 669-S.F.No. 2071 
           An act relating to crimes; requiring a neighborhood 
          impact statement to be submitted as part of the 
          presentence investigation report for controlled 
          substance offenses; authorizing courts to apply bail 
          deposits to restitution orders; amending Minnesota 
          Statutes 1986, section 629.53; and Minnesota Statutes 
          1987 Supplement, section 609.115, subdivision 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
609.115, subdivision 1, is amended to read: 
    Subdivision 1.  [PRESENTENCE INVESTIGATION.] When a 
defendant has been convicted of a misdemeanor or gross 
misdemeanor, the court may, and when the defendant has been 
convicted of a felony, the court shall, before sentence is 
imposed, cause a presentence investigation and written report to 
be made to the court concerning the defendant's individual 
characteristics, circumstances, needs, potentialities, criminal 
record and social history, the circumstances of the offense and 
the harm caused by it to others and to the community.  When the 
crime is a felony violation of chapter 152 involving the sale or 
distribution of a controlled substance, the report shall include 
a description of any adverse social or economic effects the 
offense has had on persons who reside in the neighborhood where 
the offense was committed. 
    The report shall also include the information relating to 
crime victims required under section 611A.037, subdivision 1.  
If the court directs, the report shall include an estimate of 
the prospects of the defendant's rehabilitation and 
recommendations as to the sentence which should be imposed.  In 
misdemeanor cases the report may be oral. 
    When a defendant has been convicted of a felony, and before 
sentencing, the court shall cause a sentencing worksheet to be 
completed to facilitate the application of the Minnesota 
sentencing guidelines.  The worksheet shall be submitted as part 
of the presentence investigation report.  
    The investigation shall be made by a probation officer of 
the court, if there is one, otherwise by the commissioner of 
corrections.  The officer conducting the presentence or 
predispositional investigation shall make reasonable and good 
faith efforts to contact the victim of that crime and to provide 
that victim with the information required under section 
611A.037, subdivision 2. 
    Pending the presentence investigation and report, the court 
with the consent of the commissioner may commit the defendant to 
the custody of the commissioner of corrections who shall return 
the defendant to the court when the court so orders. 
    Presentence investigations shall be conducted and summary 
hearings held upon reports and upon the sentence to be imposed 
upon the defendant in accordance with this section, section 
244.10, and the rules of criminal procedure. 
      Sec. 2.  Minnesota Statutes 1986, section 629.53, is 
amended to read:  
    629.53 [PROVIDING RELEASE ON BAIL; COMMITMENT.] 
    A person charged with a criminal offense may be released 
with or without bail in accordance with Rule 6.02 of the rules 
of criminal procedure.  Money bail is the property of the 
accused, whether deposited by that person or by a third person 
on the accused's behalf.  When money bail is accepted by a 
judge, that judge shall order it to be deposited with the court 
administrator.  The court administrator shall retain it until 
the final disposition of the case and the final order of the 
court disposing of the case.  Upon release, the amount released 
must be paid to the accused personally or upon that person's 
written order.  In case of conviction of the accused, the judge 
may order the money bail deposit to be applied to any fine or 
restitution imposed on the defendant by the court and, if the 
fine or restitution is less than the deposit, order the balance 
to be paid to the defendant.  If the fine exceeds the money bail 
deposit, the deposit must be applied to the fine and the 
defendant committed until the balance is paid.  The commitment 
may not exceed one day's time for each dollar of the unpaid 
balance of the fine.  Money bail in the hands of deposited with 
the court or any officer of it is exempt from garnishment or 
levy under attachment or execution. 
     Sec. 3.  [EFFECTIVE DATE.] 
     Section 1 is effective August 1, 1988, and applies to 
crimes committed on or after that date. 
    Approved April 26, 1988