MN Mandatory Sentencing Laws | Mandatory Treatment and Assessment

Mandatory Treatment Assessment; Mandatory Treatment

Controlled Substance Offenders

§ 152.027 (4)(b)

If a person is convicted of selling a small amount of marijuana a second time within a two-year period, the court must order the offender to undergo chemical dependency evaluation and, if warranted, treatment. DWI Offenders

§ 169A.70 (2)

The court must order a chemical use assessment of any person convicted of DWI or another offense arising out of a DWI arrest.

§ 169A.284

The court must order the DWI offender to pay the entity’s costs of a chemical use assessment and must impose an assessment charge of $25 or, if the offender is a repeat offender, $30. The assessment charge, but not the entity’s costs, may be waived in cases of indigency or undue hardship. The court must forward the assessment charge to the state for deposit in the general fund. The offender must pay the assessment costs directly to the service provider.

§ 169A.275 (5)

The court must order a DWI offender who is not sentenced to state prison to submit to the level of chemical dependency treatment recommended in the chemical use assessment if (1) the offender’s alcohol concentration was 0.20 percent at the time of the current offense, or (2) the offender is being sentenced for a DWI offense within ten years of one or more prior DWI offenses.

§ 169A.276 (1)

A DWI offender who is convicted of a felony-level offense and committed to state prison is not eligible for early release from prison unless the offender has successfully completed a chemical dependency treatment program while in prison.

Order for Protection and No Contact Order Violators

§§ 518B.01 (14); 629.75

The court must order a violator of a domestic abuse OFP or no contact order to participate in counseling or other appropriate programs selected by the court.

Domestic Assault Offenders

§ 609.135 (5)

If a court places a domestic assault offender on probation, it must order the offender to participate in counseling if he or she resides with the victim.

§ 609.2244

The court must order a treatment investigation for any person convicted of domestic abuse, an OFP restraining order violation, or a related offense. The investigation report must contain recommendations concerning the offender’s need for treatment, education, no contact with victim, etc.

Sex Offenders

§ 609.3457

The court must order a sex offender treatment assessment for any person convicted of a sex offense. The term “sex offense” includes criminal sexual conduct (any degree), surreptitious intrusion, obscene phone calls, or indecent exposure. The court may waive the assessment if the offender is eligible for a presumptive prison sentence or has already been assessed. If the assessment indicates the offender is in need of and amenable to treatment, the court must order the offender to undergo treatment if the court places the offender on probation.

Any person who is convicted of a felony-level sex offense who has previously been convicted of a sex offense must undergo a sex offender treatment assessment conducted by the Minnesota Security Hospital. The sentencing court must consider this assessment when determining the appropriate sentence for the offender and when making its preliminary determination as to whether the offender should be civilly committed as a sexually dangerous person.

Stalking Offenders

§ 609.749 (6)

The court must order a mental health treatment assessment for any person convicted of felony-level stalking, or of another felony offense arising out of a stalking charge. The court must order the offender to pay the cost of the assessment unless the offender is indigent. The court may waive the assessment if an adequate one has already been conducted. If the assessment indicates that the offender is in need of and amenable to treatment, the court must order the offender to undergo treatment as part of the sentence.

Child Pornography Possession

§ 617.247 (7)

When a person is convicted a second or subsequent time of possessing child pornography, the court must order a mental examination of the offender.

MN Mandatory Sentencing Laws | Minimum Imprisonment Penalties

MN Mandatory Sentencing Laws | Minimum Fines and Other Fees

MN Mandatory Sentencing Laws | Other Provisions and Appendix

This and any related posts have been adopted from the Minnesota House of Representatives Research Department’s Information Brief, Mandatory Sentencing Laws.