Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 117-H.F.No. 97 
           An act relating to crimes; requiring the court to 
          order the preparation of a presentence investigation 
          report in gross misdemeanor cases when requested by 
          the prosecutor; amending Minnesota Statutes 1988, 
          section 609.115, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, 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.  At the 
request of the prosecutor in a gross misdemeanor case, the court 
shall order that a presentence investigation and report be 
prepared.  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. 
    Presented to the governor May 11, 1989 
    Signed by the governor May 15, 1989, 9:52 a.m.