609.2244 PRESENTENCE DOMESTIC ABUSE INVESTIGATIONS.
Subdivision 1. Investigation.
A presentence domestic abuse investigation must be conducted
and a report submitted to the court by the corrections agency responsible for conducting the
(1) a defendant is convicted of an offense described in section
518B.01, subdivision 2
(2) a defendant is arrested for committing an offense described in section
, but is convicted of another offense arising out of the same circumstances
surrounding the arrest; or
(3) a defendant is convicted of a violation against a family or household member of: (a) an
order for protection under section
; (b) a harassment restraining order under section
; (c) section
609.79, subdivision 1
; or (d) section
609.713, subdivision 1
Subd. 2. Report.
(a) The Department of Corrections shall establish minimum standards for
the report, including the circumstances of the offense, impact on the victim, the defendant's
prior record, characteristics and history of alcohol and chemical use problems, and amenability
to domestic abuse programs. The report is classified as private data on individuals as defined in
13.02, subdivision 12
. Victim impact statements are confidential.
(b) The report must include:
(1) a recommendation on any limitations on contact with the victim and other measures to
ensure the victim's safety;
(2) a recommendation for the defendant to enter and successfully complete domestic abuse
programming and any aftercare found necessary by the investigation, including a specific
recommendation for the defendant to complete a domestic abuse counseling program or domestic
abuse educational program under section
(3) a recommendation for chemical dependency evaluation and treatment as determined by
the evaluation whenever alcohol or drugs were found to be a contributing factor to the offense;
(4) recommendations for other appropriate remedial action or care or a specific explanation
why no level of care or action is recommended; and
(5) consequences for failure to abide by conditions set up by the court.
Subd. 3. Corrections agents standards; rules; investigation time limits.
A domestic abuse
investigation required by this section must be conducted by the local Corrections Department or
the commissioner of corrections. The corrections agent shall have access to any police reports or
other law enforcement data relating to the current offense or previous offenses that are necessary
to complete the evaluation. A corrections agent conducting an investigation under this section
may not have any direct or shared financial interest or referral relationship resulting in shared
financial gain with a treatment provider. An appointment for the defendant to undergo the
investigation must be made by the court, a court services probation officer, or court administrator
as soon as possible.
Subd. 4.[Repealed, 1Sp2001 c 8 art 10 s 20
History: 1996 c 408 art 3 s 24; 1997 c 239 art 7 s 18; 1998 c 367 art 5 s 6,7; 1Sp2001
c 8 art 10 s 12