HF1864 Summary

• Court must inquire whether defendants convicted of felonies have a history of stroke, traumatic brain injury, or fetal alcohol spectrum disorder.

• If defendant has one of these conditions and court believes it may have caused mental impairment affecting judgment, court shall order a neuropsychological examination unless defendant recently had one.

• Presentence investigation reports must contain examination results and officer may consult with medical providers and mental health professionals regarding treatment and case management options.

• Updated neuropsychological examination is not required if previous examination occurred when defendant was at least 25 years old, at least 18 months after most recent stroke or brain injury, and within the previous three years.

• Court may consider examination results and medical provider recommendations at sentencing when determining whether mental impairment from brain injury or stroke affected defendant's judgment at time of offense.