MN SF611

Court shall inquire whether a defendant convicted of a felony has a history of stroke, traumatic brain injury, or fetal alcohol spectrum disorder.

If defendant has such a history and court believes mental impairment may have affected judgment during offense, court shall order a neuropsychological examination unless defendant had a recent examination.

Presentence investigation report shall include examination results and officer may consult with medical providers and mental health professionals regarding treatment and case management options available to defendant.

Updated neuropsychological examination not required if defendant had previous examination at age 25 or older, occurring at least 18 months after most recent stroke or brain injury, and within the previous three years.

At sentencing, court may consider examination results and provider recommendations to determine whether mental impairment from stroke, traumatic brain injury, or fetal alcohol spectrum disorder caused defendant to lack substantial capacity for judgment.

Appropriations are made from general fund to Minnesota Supreme Court for reimbursement of neuropsychological examination costs in fiscal years 2022 and 2023 (amounts to be determined).