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Mandate Details

Description: Report on the results of a feasibility study on requiring courts to order that individuals convicted of felony-level criminal offenses undergo a neuropsychological examination to determine whether, due to a stroke, traumatic brain injury, or fetal alcohol spectrum disorder, the individual had a mental impairment that caused the individual to lack substantial capacity for judgment when the offense was committed
Law: 2021 Minn. Laws 1st Spl. Sess. Chap. 11 Art. 2 Sec. 46(d)
Agency(ies)/Supplier(s): Minn. State Court Administrator
Minn. State Court Administrator
Due Date: 02/15/2022
Frequency: One time
Subjects: Crime & Corrections - Criminal Laws & Policy
Judicial Administration/Courts
Committee/Agency Jurisdiction: Judiciary
Public Safety Policy and Finance
Note: The study must make recommendations on whether the law should be changed to require these examinations and, if so, the situations and conditions under which the examinations should be required, including but not limited to: (1) the types of offenses the requirement should apply to; (2) how best to screen individuals to determine whether an examination should be required; (3) situations in which an examination would not be required, potentially including where a recent examination had been conducted; (4) the costs involved with requiring examinations and how best to pay for these costs; and (5) the effect examination results should have on future proceedings involving the individual, including sentencing and providing treatment. "The Judicial Branch is unable to complete this study for three reasons: first, the Branch is unable to collect this type of data; second, the Branch does not have expertise in this area; and third, the report requires the Judicial Branch to make recommendations on substantive law changes and the Judicial Branch does not weigh in on substantive law changes. The Judicial Branch returned the $30,000 appropriation to the general fund as we are unable to complete this study"

Item(s) Received

TitlePublisher(s)Publication DateCoverageDate ReceivedReport Link
Feasibility Study on Requiring Courts to Order Neuropsychological Examinations Minn. State Court Administrator August 28, 2023 02/07/2025 25-0334.pdf