Purpose

The bill aims to improve sentencing decisions by requiring brain injury information to be part of presentence investigation reports. Specifically, it directs courts to ask about history of stroke or traumatic brain injury, and to use neuropsychological examinations to assess whether mental impairment from brain injury affected judgment at the time of the offense. The goal is to provide the court with information about potential treatment and case management options for defendants.

Main Provisions

• Adds a new subdivision (Subd.11) on Traumatic Brain Injury to Minnesota Statutes 609.115.
• When a defendant is convicted of a felony, the court must ask whether the defendant has a history of stroke or traumatic brain injury.
• If such a history exists and the court believes the offender may have a mental impairment that caused a lack of substantial capacity for judgment when the offense was committed, the court must order a neuropsychological examination, unless the defendant has had a recent examination described below.
• The presentence report must include the results of the neuropsychological examination, or the most recent examination if applicable. The officer preparing the report may consult with medical providers, mental health professionals, or other knowledgeable persons to provide information about treatment and case management options.
• A recently conducted neuropsychological examination is not required if the following are met:
  • The person had a previous examination when at least 25 years old.
  • The examination occurred at least 18 months after the person’s most recent stroke or traumatic brain injury.
  • The examination occurred within the previous three years.
• At sentencing, the court may consider all relevant information, including the neuropsychological findings and the recommendations of diagnosing or treating medical providers or mental health professionals, to determine whether the offender lacked substantial capacity for judgment due to mental impairment resulting from stroke or traumatic brain injury.

Changes to Existing Law

• Expands the scope of presentence investigations by requiring inquiry into history of stroke or traumatic brain injury and by allowing neuropsychological findings to influence sentencing.
• Establishes criteria for when a new neuropsychological examination is required versus when an existing examination can be relied upon.
• Formalizes the inclusion of brain injury-related information and expert input in sentencing decisions, potentially guiding treatment and case management options for defendants.

Relevant terms and phrases from the bill are integrated into the summary to reflect how brain injury and mental impairment may influence sentencing outcomes.

Relevant Terms - presentence investigation report - brain injury - traumatic brain injury - stroke - neuropsychological examination - mental impairment - substantial capacity for judgment - court - sentencing - offender - diagnosing or treating medical providers - mental health professionals - treatment and case management options - Minnesota Statutes 609.115 - Subd.11 (Traumatic brain injury)