This bill proposes an amendment to Minnesota Statutes 2024, Section 609.115, to include additional considerations for defendants with a history of stroke or traumatic brain injury (TBI) during presentence investigations.

Key Provisions of the Bill:

1. Judicial Inquiry

   • When a defendant is convicted of a felony, the court must inquire whether the person has a history of stroke or TBI.

2. Neuropsychological Examination

   • If the court believes the defendant may have a mental impairment affecting judgment at the time of the offense, the court must order a neuropsychological examination unless a recent examination already exists.

3. Use of Examination Results

   • The results of the neuropsychological examination must be included in the presentence investigation report,
     
   • The officer preparing the report may consult medical providers, mental health professionals, or other experts to provide information on treatment and case management options for the defendant.

4. Exceptions to Examination Requirement

   • A new examination is not required if the defendant has previously undergone one that meets the following criteria:
     a. Conducted when the person was at least 25 years old,
     b. Took place at least 18 months after their most recent stroke or TBI,
     c. Occurred within the past three years.

5. Consideration at Sentencing

   • At sentencing, the court can consider neuropsychological findings and recommendations from diagnosing or treating professionals to determine whether the defendant lacked substantial capacity for judgment at the time of the offense due to their condition.

Purpose of the Bill:

• To ensure that neurological impairments are considered in the criminal justice process,
  
• To provide the court with medical and psychological context for better-informed sentencing decisions,
  
• To explore potential treatment and case management options for offenders with TBI or stroke-related impairments.

This bill reflects a rehabilitative and informed approach to sentencing by acknowledging the potential impact of neurological impairments on criminal behavior.