609.115 PRESENTENCE INVESTIGATION.
Subdivision 1. Presentence investigation.
(a) 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. The investigation shall be made by a probation officer of the court, if there
is one; otherwise it shall be made by the commissioner of corrections. The officer conducting
the presentence or predispositional investigation shall make reasonable and good faith efforts to
contact and provide the victim with the information required under section
. 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
, and the Rules of Criminal Procedure.
(b) When the crime is a violation of sections
involves a fire, the report shall include a description of the financial and physical harm the offense
has had on the public safety personnel who responded to the fire. For purposes of this paragraph,
"public safety personnel" means the state fire marshal; employees of the Division of the State Fire
Marshal; firefighters, regardless of whether the firefighters receive any remuneration for providing
services; peace officers, as defined in section
626.05, subdivision 2
; individuals providing
emergency management services; and individuals providing emergency medical services.
(c) 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
(d) The report shall also include the information relating to crime victims required under
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.
(e) 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
(f) When a person is convicted of a felony for which the Sentencing Guidelines presume
that the defendant will be committed to the commissioner of corrections under an executed
sentence and no motion for a sentencing departure has been made by counsel, the court may,
when there is no space available in the local correctional facility, commit the defendant to the
custody of the commissioner of corrections, pending completion of the presentence investigation
and report. When a defendant is convicted of a felony for which the Sentencing Guidelines do not
presume that the defendant will be committed to the commissioner of corrections, or for which
the Sentencing Guidelines presume commitment to the commissioner but counsel has moved for a
sentencing departure, the court may commit the defendant to the commissioner with the consent
of the commissioner, pending completion of the presentence investigation and report. The county
of commitment shall return the defendant to the court when the court so orders.
Subd. 1a. Contents of worksheet.
The Supreme Court shall promulgate rules uniformly
applicable to all district courts for the form and contents of sentencing worksheets. These rules
shall be promulgated by and effective on January 2, 1982.
Subd. 1b.[Repealed, 1987 c 331 s 13
Subd. 1c.[Repealed, 1987 c 331 s 13
Subd. 2. Life imprisonment report.
If the defendant has been convicted of a crime for
which a mandatory sentence of life imprisonment is provided by law, the probation officer of
the court, if there is one, otherwise the commissioner of corrections, shall forthwith make a
postsentence investigation and make a written report as provided by subdivision 1.
Subd. 2a. Sentencing worksheet; sentencing guidelines commission.
If the defendant has
been convicted of a felony, including a felony for which a mandatory life sentence is required by
law, the court shall cause a sentencing worksheet as provided in subdivision 1 to be completed
and forwarded to the Sentencing Guidelines Commission.
For the purpose of this section, "mandatory life sentence" means a sentence under section
609.106, subdivision 2
609.385, subdivision 2
; or Minnesota Statutes 2004,
section 609.109, subdivision 3, and governed by section
Subd. 3. Criminal justice agency disclosure requirements.
All criminal justice agencies
shall make available at no cost to the probation officer or the commissioner of corrections the
criminal record and other relevant information relating to the defendant which they may have,
when requested for the purposes of subdivisions 1 and 2.
Subd. 4. Confidential sources of information.
Any report made pursuant to subdivision 1
shall be, if written, provided to counsel for all parties before sentence. The written report shall not
disclose confidential sources of information unless the court otherwise directs. On the request
of the prosecuting attorney or the defendant's attorney a summary hearing in chambers shall be
held on any matter brought in issue, but confidential sources of information shall not be disclosed
unless the court otherwise directs. If the presentence report is given orally the defendant or the
defendant's attorney shall be permitted to hear the report.
Subd. 5. Report to commissioner or local correctional agency.
If the defendant is
sentenced to the commissioner of corrections, a copy of any report made pursuant to this
section and not made by the commissioner shall accompany the commitment. If the defendant
is sentenced to a local correctional agency or facility, a copy of the report must be provided
to that agency or facility.
Subd. 6. Report disclosure prohibited.
Except as provided in subdivisions 4 and 5 or as
otherwise directed by the court any report made pursuant to this section shall not be disclosed.
Subd. 7. Stay of imposition of sentence.
If imposition of sentence is stayed by reason of an
appeal taken or to be taken, the presentence investigation provided for in this section shall not be
made until such stay has expired or has otherwise been terminated.
Subd. 8. Chemical use assessment required.
(a) If a person is convicted of a felony, the
probation officer shall determine in the report prepared under subdivision 1 whether or not alcohol
or drug use was a contributing factor to the commission of the offense. If so, the report shall
contain the results of a chemical use assessment conducted in accordance with this subdivision.
The probation officer shall make an appointment for the defendant to undergo the chemical use
assessment if so indicated.
(b) The chemical use assessment report must include a recommended level of care for the
defendant in accordance with the criteria contained in rules adopted by the commissioner of
human services under section
254A.03, subdivision 3
. The assessment must be conducted by an
assessor qualified under rules adopted by the commissioner of human services under section
254A.03, subdivision 3
. An assessor providing a chemical use assessment may not have any
direct or shared financial interest or referral relationship resulting in shared financial gain with a
treatment provider, except as authorized under section 254A.19, subdivision 3. If an independent
assessor is not available, the probation officer 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
Subd. 9. Compulsive gambling assessment required.
(a) If a person is convicted of theft
, embezzlement of public funds under section
, or forgery under
, the probation officer shall determine in the report prepared
under subdivision 1 whether or not compulsive gambling contributed to the commission of the
offense. If so, the report shall contain the results of a compulsive gambling assessment conducted
in accordance with this subdivision. The probation officer shall make an appointment for the
offender to undergo the assessment if so indicated.
(b) The compulsive gambling assessment report must include a recommended level of
treatment for the offender if the assessor concludes that the offender is in need of compulsive
gambling treatment. The assessment must be conducted by an assessor qualified either under
Minnesota Rules, part 9585.0040
, subpart 1, item C, or qualifications determined to be equivalent
by the commissioner, to perform these assessments or to provide compulsive gambling treatment.
An assessor providing a compulsive gambling assessment 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 probation officer may use the services of
an assessor with a financial interest or referral relationship as authorized under rules adopted by
the commissioner of human services under section
245.98, subdivision 2a
(c) The commissioner of human services shall reimburse the assessor for each compulsive
gambling assessment at a rate established by the commissioner. To the extent practicable, the
commissioner shall standardize reimbursement rates for assessments. The commissioner shall
reimburse the assessor after receiving written verification from the probation officer that the
assessment was performed and found acceptable.
History: 1963 c 753 art 1 s 609.115; 1978 c 723 art 2 s 3; 1979 c 233 s 23,24; 1981 c 312 s
1,2; 1983 c 262 art 2 s 3-5; 1986 c 444; 1987 c 331 s 8; 1988 c 669 s 1; 1989 c 117 s 1; 1990 c
602 art 8 s 1; 1991 c 279 s 26; 1991 c 336 art 2 s 42; 1993 c 339 s 23; 1994 c 636 art 6 s 25;
1997 c 239 art 8 s 30; 1998 c 407 art 8 s 7; 1999 c 126 s 11; 2000 c 468 s 28; 2005 c 136 art 14
s 14; 2007 c 13 art 3 s 37; 2007 c 147 art 8 s 32; art 12 s 12