Because this isn't a new practice, my understanding of jurisdictions where they do it is that it's based on the evidence available. The probation officers already have to make those decisions every day when they're writing pre-sentence reports about what is pertinent information. All you're saying is that you are to include anything you know about mental illness for this individual, and if the individual has no mental illness, it's not applicable. It's not difficult.
On April 26th, 2018. See this statement in context.