611A.037 PRESENTENCE INVESTIGATION; VICTIM IMPACT; NOTICE.
Subdivision 1. Victim impact statement.
A presentence investigation report prepared under
shall include the following information relating to victims:
(a) a summary of the damages or harm and any other problems generated by the criminal
(b) a concise statement of what disposition the victim deems appropriate for the defendant
or juvenile court respondent, including reasons given, if any, by the victim in support of the
victim's opinion; and
(c) an attachment to the report, consisting of the victim's written objections, if any, to the
proposed disposition if the victim provides the officer conducting the presentence investigation
with this written material within a reasonable time prior to the disposition.
Subd. 2. Notice to victim.
The officer conducting a presentence or predispositional
investigation shall make reasonable and good faith efforts to assure that the victim of that crime is
provided with the following information by contacting the victim or assuring that another public
or private agency has contacted the victim: (i) the charge or juvenile court petition to which the
defendant has been convicted or pleaded guilty, or the juvenile respondent has admitted in court
or has been found to have committed by the juvenile court, and of any plea agreement between
the prosecution and the defense counsel; (ii) the victim's right to request restitution pursuant to
; (iii) the time and place of the sentencing or juvenile court disposition and the
victim's right to be present; and (iv) the victim's right to object in writing to the court, prior to the
time of sentencing or juvenile court disposition, to the proposed sentence or juvenile dispositional
alternative, or to the terms of the proposed plea agreement. To assist the victim in making a
recommendation under clause (iv), the officer shall provide the victim with information about the
court's options for sentencing and other dispositions. Failure of the officer to comply with this
subdivision does not give any rights or grounds for postconviction or postjuvenile disposition
relief to the defendant or juvenile court respondent, nor does it entitle a defendant or a juvenile
court respondent to withdraw a plea of guilty.
History: 1987 c 331 s 12; 1998 c 396 s 7