MN HF4139

Probation and parole agents must identify community options, including inpatient mental health or chemical dependency treatment, before revoking probation or parole for technical violations when the offender has a mental illness, does not present a public risk, and is amenable to continued supervision.

Probation officers must forward a report to district court containing the violation details, recommended restructuring of terms, and the offender's signed stipulation; restructuring becomes effective when confirmed by a judge.

Courts must consider whether pretrial release conditions for defendants with mental illness will interfere with ongoing mental health treatment and must impose the least restrictive conditions that ensure appearance and public safety.

Probation officers must determine whether felony defendants have been subject to mental health orders under chapter 253B and promptly notify the court, prosecuting attorney, and defendant; courts must review any such orders before imposing sentence.

Courts may place offenders with serious and persistent mental illness on probation with supervised alternative living programs having mental health components instead of committing them to state correctional facilities, when consistent with public safety.