1999 Minnesota Statutes

     169.126 Chemical use assessment. 

    Subdivision 1.    Requirement; form.  A chemical use 
 assessment shall be conducted and an assessment report submitted 
 to the court and to the department of public safety by the 
 county agency administering the alcohol safety program when: 

    (a) The defendant is convicted of an offense described in 
 section 169.121, 169.1211, 169.129, or 360.0752; or 

    (b) The defendant is arrested for committing an offense 
 described in section 169.121 or 169.129 but is convicted of 
 another offense arising out of the circumstances surrounding the 
 arrest.  

    Subd. 2. MS 1988 Repealed, 1990 c 602 art 2 s 10 

    Subd. 2.    Report.  (a) The assessment report shall be 
 on a form prescribed by the commissioner of public safety and 
 shall contain an evaluation of the convicted defendant 
 concerning the defendant's prior traffic record, characteristics 
 and history of alcohol and chemical use problems, and 
 amenability to rehabilitation through the alcohol safety 
 program.  The report shall be classified as private data on 
 individuals as defined in section 13.02, subdivision 12. 

    (b) The assessment report must include: 

    (1) a recommended level of care for the offender in 
 accordance with the criteria contained in rules adopted by the 
 commissioner of human services under section 254A.03, 
 subdivision 3; 

    (2) recommendations for other appropriate remedial action 
 or care, that may consist of educational programs, one-on-one 
 counseling, a program or type of treatment that addresses mental 
 health concerns, or a combination of them; or 

    (3) a specific explanation why no level of care or action 
 was recommended. 

    Subd. 3.  Repealed, 1990 c 602 art 2 s 10 

    Subd. 4.    Assessor standards; rules; assessment time 
 limits.  A chemical use assessment required by this section 
 must be conducted by an assessor appointed by the court.  The 
 assessor must meet the training and qualification requirements 
 of rules adopted by the commissioner of human services under 
 section 254A.03, subdivision 3.  Notwithstanding section 13.82, 
 the assessor shall have access to any police reports, laboratory 
 test results, and other law enforcement data relating to the 
 current offense or previous offenses that are necessary to 
 complete the evaluation.  An assessor providing an assessment 
 under this section may not have any direct or shared financial 
 interest or referral relationship resulting in shared financial 
 gain with a treatment provider.  If an independent assessor is 
 not available, the court may use the services of an assessor 
 authorized to perform assessments for the county social services 
 agency under a variance granted under rules adopted by the 
 commissioner of human services under section 254A.03, 
 subdivision 3.  An appointment for the defendant to undergo the 
 assessment shall be made by the court, a court services 
 probation officer, or the court administrator as soon as 
 possible but in no case more than one week after the defendant's 
 court appearance.  The assessment must be completed no later 
 than three weeks after the defendant's court appearance.  If the 
 assessment is not performed within this time limit, the county 
 where the defendant is to be sentenced shall perform the 
 assessment.  The county of financial responsibility shall be 
 determined under chapter 256G. 

    Subd. 4a.  Repealed, 1990 c 602 art 2 s 10 

    Subd. 4b.  Repealed, 1990 c 602 art 2 s 10 

    Subd. 4c.  Repealed, 1992 c 570 art 1 s 31 

    Subd. 5.  Repealed, 1987 c 315 s 14 

    Subd. 6.    Applicability for nonresident.  This section 
 shall not apply to a person who is not a resident of the state 
 of Minnesota at the time of the offense and at the time of the 
 assessment.  

    HIST: 1976 c 298 s 4; 1978 c 727 s 6; 1981 c 311 s 39; 1982 c 
 545 s 24; 1986 c 444; 1987 c 315 s 6-12; 1989 c 290 art 10 s 6; 
 1989 c 335 art 4 s 63,64; 1990 c 602 art 2 s 3-7; 1991 c 199 art 
 1 s 57; 1992 c 570 art 1 s 18,19; 1Sp1997 c 2 s 49