Change to PSI for Felony Drug

Change to PSI for Felony Drug

Effective August 1, 2010

Eliminates mandate that certain presentence investigations 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.

Please remember that the interpretation and analysis presented here is not intended to be legal advice.  If you are seeking legal advice please contact us for a free consultation and actual examination the issues that your case may present.

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Section 1. Minnesota Statutes 2008, section 609.115, subdivision 1, is amended to read:
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 611A.037, subdivision 2. 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.
(b) When the crime is a violation of sections 609.561 to 609.563, 609.5641, or
609.576 and 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 may 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.
(d) 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.
(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 report.
(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.
Presented to the governor April 12, 2010
Signed by the governor April 15, 2010, 11:52 a.m.

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