HF 2904

as introduced - 91st Legislature (2019 - 2020) Posted on 05/17/2019 08:48am

A bill for an act
relating to crime; providing a procedure to determine a defendant's competence;
proposing coding for new law in Minnesota Statutes, chapter 628.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [628.70] COMPETENCE TO PARTICIPATE IN PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of sections 628.70 to 628.81, the terms
in this subdivision have the meanings given them.
new text end

new text begin (b) "Mental illness" means an organic disorder of the brain or a clinically significant
disorder of thought, mood, perception, orientation, or memory.
new text end

new text begin (c) "Cognitive impairment" means a deficiency in the ability to think, perceive, reason,
or remember caused by injury, genetic condition, or brain abnormality.
new text end

new text begin (d) "Suspend the criminal proceedings" means nothing can be heard or decided on the
merits of the criminal charges except that the court retains jurisdiction in all other matters,
including but not limited to bail, conditions of release, probation conditions, no contact
orders, and appointment of counsel.
new text end

new text begin (e) "Examiner" means a person who is knowledgeable, trained, and practicing in the
diagnosis and assessment or in the treatment of the alleged impairment, and who is:
new text end

new text begin (1) a licensed psychiatrist; or
new text end

new text begin (2) a licensed psychologist who has a doctoral degree in psychology.
new text end

new text begin (f) "Secure treatment facility" means a locked facility, operated by the state or a county,
with a competence restoration program.
new text end

new text begin (g) "Competence restoration program" means any program or service designed to restore
the defendant to competence.
new text end

new text begin Subd. 2. new text end

new text begin Competence to participate. new text end

new text begin A defendant is incompetent and shall not be plead,
be tried, or be sentenced if, due to mental illness or cognitive impairment, the defendant
lacks the sufficient present ability to:
new text end

new text begin (1) rationally consult with counsel;
new text end

new text begin (2) understand the proceedings; or
new text end

new text begin (3) participate in the defense.
new text end

Sec. 2.

new text begin [628.71] COMPETENCE MOTION.
new text end

new text begin (a) If the prosecutor, the defense counsel, or the court at any time doubts the defendant's
competence, the prosecutor or defense counsel shall make a motion challenging the
defendant's competence, or the court on its own initiative shall raise the issue. The defendant's
consent is not required. The motion shall be supported by specific facts, but shall not include
communications between the defendant and defense counsel if disclosure would violate
attorney-client privilege. By bringing the motion, the defendant does not waive attorney-client
privilege.
new text end

new text begin (b) Upon receipt of a motion, the court shall determine if there is a reasonable basis to
believe competence may be at issue. If the court determines there is a reasonable basis to
doubt the defendant's competence, the court shall determine whether there is probable cause
for the charge. If probable cause exists, the court shall suspend the criminal proceedings
and order an examination of the defendant pursuant to section 628.72. If no probable cause
exists, the charges shall be dismissed.
new text end

new text begin (c) If competence is at issue, the court shall appoint counsel for an unrepresented
defendant for the proceedings under this section.
new text end

Sec. 3.

new text begin [628.72] COMPETENCE EXAMINATION AND REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Competence examination. new text end

new text begin (a) The court shall appoint an examiner to
examine the defendant and report to the court on the defendant's mental condition according
to subdivision 2. If the prosecutor or defense counsel has retained a qualified examiner, the
court, upon request, shall allow that examiner to observe any examination under this section.
An examiner may obtain and review the report of any prior or subsequent examination under
this section.
new text end

new text begin (b) If the defendant is in custody, the court shall order the defendant to participate in an
examination where the defendant is being held.
new text end

new text begin (c) If the defendant is not in custody, the court shall order the defendant to appear for
the purpose of an examination. If the defendant fails to appear at an examination, the court
may amend the conditions of release.
new text end

new text begin (d) If an examiner concludes that the defendant presents an imminent risk of harm to
self or others, or otherwise needs emergency intervention, the examiner shall promptly
notify the prosecutor, the defense counsel, and the court.
new text end

new text begin Subd. 2. new text end

new text begin Report of examination. new text end

new text begin (a) The court-appointed examiner's written report shall
be filed with the court and served on the prosecutor and defense counsel no later than 60
days after the date of the order under subdivision 1, paragraphs (b) and (c). The report shall
include:
new text end

new text begin (1) a diagnosis of the defendant's mental condition, and the factual basis for the diagnosis
and opinions, including but not limited to the results of any testing conducted with the
defendant;
new text end

new text begin (2) an opinion and supporting factual basis for that opinion as to:
new text end

new text begin (i) the defendant's competence to participate under section 628.70, subdivision 2; and
new text end

new text begin (ii) any treatment required for the defendant to attain or maintain competence and an
explanation of appropriate treatment alternatives by order of preference, including but not
limited to:
new text end

new text begin (A) whether the defendant can be treated on an outpatient basis;
new text end

new text begin (B) the reasons for rejecting outpatient treatment if an inpatient competence restoration
program is recommended; and
new text end

new text begin (C) the appropriate use of neuroleptics or other medications, if warranted, and within
the competence of the examiner; and
new text end

new text begin (3) the likelihood the defendant will ever attain competence to proceed.
new text end

new text begin (b) If the defendant appears for the examination but does not participate, the examiner
shall submit a report and render an opinion on competence based on all available information
and an opinion as to whether the unwillingness to participate resulted from the mental illness
or cognitive impairment.
new text end

new text begin Subd. 3. new text end

new text begin Additional examination. new text end

new text begin If either the prosecutor or defense counsel intends
to retain an independent examiner, the party shall give notice no later than ten days after
the date of receipt of the court-appointed examiner's report by the court and opposing
counsel. If an additional examiner is retained, the examiner's report shall be filed no later
than 30 days after the date of filing the notice, unless extended by the court for good cause
for up to an additional 30 days.
new text end

Sec. 4.

new text begin [628.73] COMPETENCE DETERMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Request for hearing. new text end

new text begin (a) Either the prosecutor or defense counsel may
request a hearing on the examiner's competence determination by filing written objections
to the competence report no later than ten days after the date of the filing of the report. The
hearing shall be held no later than 14 days after the date of the request, unless extended
upon agreement of the prosecutor and defense counsel or by the court for good cause.
new text end

new text begin (b) If an additional examiner is retained, the hearing shall be continued up to 14 days
after the date of filing the additional examiner's report. The court may continue the hearing
for up to an additional 30 days for good cause or upon agreement of the prosecution and
defense.
new text end

new text begin Subd. 2. new text end

new text begin Competence hearing. new text end

new text begin (a) The requester of the competence hearing bears the
burden of production and persuasion.
new text end

new text begin (b) The court may admit all relevant and reliable evidence. The court-appointed examiner
is considered the court's witness and may be called and questioned by the court, prosecutor,
or defense counsel. The report of the court-appointed examiner shall be admitted into
evidence without further foundation.
new text end

new text begin (c) Defense counsel may testify, subject to the prosecutor's cross-examination, but shall
not violate attorney-client privilege. Testifying does not automatically disqualify defense
counsel from continuing to represent the defendant. The court may inquire of defense counsel
regarding the attorney-client relationship and the defendant's ability to communicate with
counsel. The court shall not require counsel to divulge communications protected by
attorney-client privilege, and the prosecutor shall not cross-examine defense counsel
concerning responses to the court's inquiry.
new text end

new text begin Subd. 3. new text end

new text begin Determination without hearing. new text end

new text begin If the prosecutor or defense counsel does not
timely file an objection and the court does not hold a competence hearing, the court shall
determine the defendant's competence on the basis of the reports of all examiners.
new text end

new text begin Subd. 4. new text end

new text begin Burden of proof and decision. new text end

new text begin The defendant is presumed competent unless
the court finds by a preponderance of the evidence that the defendant is not competent.
new text end

Sec. 5.

new text begin [628.74] COMPETENCE FINDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Finding of competence. new text end

new text begin If the court finds the defendant competent, the
court shall enter a written order and the criminal proceeding shall resume.
new text end

new text begin Subd. 2. new text end

new text begin Finding of incompetence. new text end

new text begin If the court finds by a preponderance of the evidence
that the defendant is incompetent to proceed, the court shall enter a written order and suspend
the criminal proceeding. The matter shall proceed under section 628.76.
new text end

new text begin Subd. 3. new text end

new text begin Appeal. new text end

new text begin Either the prosecutor or defense counsel may appeal a competence
determination to the court of appeals. The appeal is governed by Rule 28 of the Rules of
Criminal Procedure. A verbatim record shall be made in all competence proceedings.
new text end

Sec. 6.

new text begin [628.75] MULTIDISCIPLINARY PLACEMENT TEAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of placement team. new text end

new text begin A county shall establish a
multidisciplinary placement team to review all available records to determine and recommend
the appropriate placement and services that are the least restrictive setting that meets public
safety needs and restores the defendant to competence. The placement team shall be
comprised of persons selected by the county in which the crime was committed who have
expertise in the treatment of individuals who are mentally ill or cognitively impaired, which
may include but not be limited to social services workers, tribal representatives, probation
officers, and law enforcement.
new text end

new text begin Subd. 2. new text end

new text begin Duty. new text end

new text begin (a) A member of the placement team shall share data, acquired in the
member's professional capacity, with the placement team to assist in the determination and
recommendation of placement for the defendant. To the extent necessary to conduct its
review, the placement team shall have access to not public data, as defined in section 13.02,
and medical records under sections 144.291 to 144.298, that are maintained by facilities.
The interest of an accurate and complete review outweighs the injury to the patient, and
constitutes good cause. The chemical dependency records shall be disclosed pursuant to
Code of Federal Regulations, title 42, part 2. Any further disclosure of this information is
prohibited unless further disclosure is expressly permitted by the written consent of the
patient or as otherwise permitted by Code of Federal Regulations, title 42, part 2.
new text end

new text begin (b) Pursuant to a court order under section 628.74, subdivision 2, a state or local agency
or department or health care provider shall release all information and records including
medical, psychological, behavioral, chemical dependency, social service, probation and
correction, developmental disability, employment, and educational records to the placement
team or its designee for the purpose of the review.
new text end

Sec. 7.

new text begin [628.76] INCOMPETENT TO STAND TRIAL AND CONTINUING
SUPERVISION.
new text end

new text begin Subdivision 1. new text end

new text begin Procedures upon finding of incompetence. new text end

new text begin (a) If the court finds the
defendant incompetent and suspends the criminal proceedings, the court shall determine
from any relevant information available whether the defendant poses a danger to public
safety. After making its determination, the court shall follow the procedures in subdivision
2 or 3, as required.
new text end

new text begin (b) The criminal court making the finding of incompetence has jurisdiction to order a
placement regardless of the defendant's county of residence or the county of financial
responsibility. All monetary and nonmonetary conditions of release shall continue in full
force and effect, including any no contact provisions, so long as the defendant remains
incompetent to stand trial.
new text end

new text begin Subd. 2. new text end

new text begin Community-based competence restoration. new text end

new text begin (a) If the court finds the defendant
does not pose a risk to public safety, and is otherwise qualified for pretrial release, the court
shall order the placement team to convene and have access to all relevant information from
any source.
new text end

new text begin (b) No later than five days after convening, the placement team shall report in writing
to the court with a recommendation as to placement and services that will restore the
defendant to competence and protect public safety. The placement team shall also identify
the state or local agency or department responsible for monitoring the conditions and
informing the court if there are any violations of conditions of release.
new text end

new text begin (c) The court shall distribute the placement team report to the parties at least 48 hours
before the hearing. The hearing may be continued for good cause for up to an additional 14
days. If the hearing does not take place during that 14-day period, the court shall order
interim placement based on the available information.
new text end

new text begin (d) Upon conclusion of the hearing, the court shall review the conditions of release. The
court shall order the defendant into a competence restoration program as a condition of
release.
new text end

new text begin (e) Upon application by the prosecutor, the agency or its designee assigned to supervise
a defendant, or court services, alleging that the defendant violated a condition of release
the court shall follow the procedures under Rule 6 of the Minnesota Rules of Criminal
Procedure. Any hearing on the alleged violation of release conditions shall be held no later
than 15 days after the date of issuance of a summons or apprehension on the warrant.
new text end

new text begin Subd. 3. new text end

new text begin Inpatient competence restoration. new text end

new text begin (a) If the court finds that the defendant
poses a risk to public safety, or that the defendant is otherwise not qualified for pretrial
release, the court shall order the defendant to a secure treatment facility where the defendant
shall receive mental health treatment to restore the defendant to competence.
new text end

new text begin (b) If the defendant is in custody at the time of the finding of incompetence, the defendant
shall be transported to the inpatient competence restoration program pursuant to section
628.80 no later than 48 hours after the finding of incompetence.
new text end

new text begin (c) If the defendant is placed in an inpatient competence restoration program, the
defendant shall remain in the inpatient competence restoration program pursuant to section
628.80.
new text end

new text begin Subd. 4. new text end

new text begin Report requirement. new text end

new text begin (a) No later than 90 days from the date of filing the order
finding the defendant incompetent, and every six months thereafter, the court shall appoint
an examiner to provide to the court a written report pursuant to section 628.72, subdivision
2, paragraph (b), and the following:
new text end

new text begin (1) an opinion on the defendant's current mental condition;
new text end

new text begin (2) a description of the efforts made to restore the defendant to competence;
new text end

new text begin (3) if it is reported that the defendant cannot be restored to competence, an opinion on:
new text end

new text begin (i) whether the defendant meets the criteria for civil commitment under one or more of
the provisions in section 253B.02, subdivisions 2, 13, 14, and 17; and
new text end

new text begin (ii) whether the administration of neuroleptics under section 628.77 should be initiated
or continued.
new text end

new text begin (b) The court shall furnish copies of the report in paragraph (a) to the prosecutor and
defense counsel.
new text end

Sec. 8.

new text begin [628.77] ADMINISTRATION OF NEUROLEPTIC MEDICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Medication refusal. new text end

new text begin At any time after a defendant has been found
incompetent to proceed and ordered into a competence restoration program, a request may
be made for the administration of neuroleptic medications. If the defendant is not consenting
to or responding to treatment and is unlikely to be restored to competence without the
administration of psychiatric medication over the defendant's objection, the director of the
treatment facility or defendant's treatment provider may request the court to order the
administration of neuroleptic medications. The request shall be in writing and shall describe
the defendant's diagnosis and whether:
new text end

new text begin (1) less intrusive means of treatment have been attempted to render the defendant
competent;
new text end

new text begin (2) medication is necessary to render the defendant competent;
new text end

new text begin (3) medication is substantially likely to render the defendant competent;
new text end

new text begin (4) medication is substantially unlikely to produce side effects that would significantly
interfere with the defendant's ability to assist in the defendant's defense;
new text end

new text begin (5) no less intrusive means of treatment are available; and
new text end

new text begin (6) medication is medically appropriate and is in the defendant's best medical interest
in light of the defendant's medical condition.
new text end

new text begin Subd. 2. new text end

new text begin Independent examiner. new text end

new text begin Upon receipt of the request, the court shall appoint
an independent examiner to give a written opinion on the factors in subdivision 1 as related
to the defendant. The report shall be submitted at least 48 hours before a hearing.
new text end

new text begin Subd. 3. new text end

new text begin Hearing. new text end

new text begin (a) The court shall hold a hearing no later than 14 days after the date
of filing the request. By agreement of the prosecutor and defense counsel or for good cause,
the court may extend the time for the hearing up to 14 additional days.
new text end

new text begin (b) The court, in determining whether a defendant should be medicated over the
defendant's objection, shall consider whether:
new text end

new text begin (1) important state interests are at stake in restoring the defendant's competence;
new text end

new text begin (2) any involuntary medications proposed:
new text end

new text begin (i) are substantially likely to render the defendant competent to proceed in the criminal
matter; and
new text end

new text begin (ii) are not substantially likely to produce side effects that would significantly interfere
with the defendant's ability to assist the defense counsel in conducting the defendant's
defense;
new text end

new text begin (3) involuntary medication is necessary to further important state interests;
new text end

new text begin (4) the medications are necessary because any alternate less intrusive treatments are
unlikely to achieve substantially the same results; and
new text end

new text begin (5) the administration of the proposed medication is medically appropriate, as it is in
the defendant's best medical interest in light of the defendant's medical condition.
new text end

new text begin (c) The court shall weigh the factors in paragraph (b) against the defendant's interest to
be free from unwanted medical treatment based on whether the defendant:
new text end

new text begin (1) demonstrates an awareness of the nature of the defendant's situation, including but
not limited to the reasons for hospitalization;
new text end

new text begin (2) demonstrates an understanding of treatment with neuroleptic medications and the
risks, benefits, and alternatives; and
new text end

new text begin (3) communicates verbally or nonverbally a clear choice regarding treatment with
neuroleptic medications that is reasoned and not based on delusion.
new text end

new text begin (d) The court may base its decision on relevant and admissible evidence, including but
not limited to reliable hearsay, the testimony of a treating physician or other qualified
physician, a member of the defendant's treatment team or treatment provider, a
court-appointed examiner, witness testimony, or the defendant's treatment records.
new text end

new text begin Subd. 4. new text end

new text begin Findings; order. new text end

new text begin (a) If the court finds by clear and convincing evidence that
the involuntary administration of psychiatric medication to a defendant under this section
is necessary and appropriate, it shall make findings addressing each of the factors in
subdivision 4, paragraphs (b) and (c), and shall issue an order authorizing the administration
of psychiatric medication to the defendant over the defendant's objection in order to restore
the defendant to competence.
new text end

new text begin (b) The court may order that medication be administered by more intrusive methods
only if the defendant has refused administration by less intrusive methods. The court may
order that the director or provider report to the court within a reasonable period following
entry of the order as to whether the authorized treatment remains appropriate.
new text end

new text begin Subd. 5. new text end

new text begin Emergency administration. new text end

new text begin A treating physician may administer neuroleptic
medication to a defendant if the treating physician determines that the medication is necessary
to prevent serious, immediate physical harm to the defendant or to others. Medication may
be administered for as long as the emergency continues to exist, but for no longer than 14
days. The treating physician may continue the medication through the date of the first court
hearing under this section, if a request has been filed and the emergency continues to exist.
The treatment facility shall document the emergency in the defendant's medical record in
specific behavioral terms.
new text end

Sec. 9.

new text begin [628.78] PROCEDURES UPON RESTORATION TO COMPETENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Restoration. new text end

new text begin (a) As soon as the defendant is competent in the opinion
of the head of the competence restoration program, the head of the program shall send a
written report to the court setting forth the basis for that opinion. The report may also make
recommendations for continued treatment to ensure continued competence. If the defendant
is found guilty, these recommendations may be considered by the court in imposing a
sentence, including any conditions of probation.
new text end

new text begin (b) The court shall promptly provide copies of this report to the prosecutor and defense
counsel. No later than ten days after receiving the report, either party may request, in writing,
a hearing on the issue of whether the defendant has been restored to competence.
new text end

new text begin Subd. 2. new text end

new text begin Request for hearing. new text end

new text begin (a) If a hearing on the defendant's restoration to
competence is requested, the court shall schedule a hearing no later than 14 days from the
date of filing the request, unless extended upon agreement of the parties or for good cause.
new text end

new text begin (b) If an additional examiner is retained, the hearing shall be continued up to 14 days
after the date of filing the additional examiner's report. The court may continue the hearing
for up to an additional 30 days for good cause or upon agreement of the parties.
new text end

new text begin Subd. 3. new text end

new text begin Procedures for hearing. new text end

new text begin (a) The party who requested the competence hearing
shall present evidence first. The court may admit all relevant and reliable evidence, including
but not limited to the report from the competence restoration program. The examiner
authoring the restored to competence report is considered the court's witness and may be
called and cross-examined by the prosecutor or defense counsel. The report of a
court-appointed examiner shall be admitted into evidence without further foundation.
new text end

new text begin (b) Defense counsel may testify, subject to the prosecutor's cross-examination, but shall
not violate attorney-client privilege. Testifying does not automatically disqualify defense
counsel from continuing to represent the defendant. The court may inquire of defense counsel
regarding the attorney-client relationship and the defendant's ability to communicate with
counsel. The court shall not require counsel to divulge communications protected by
attorney-client privilege, and the prosecutor cannot cross-examine defense counsel concerning
responses to the court's inquiry.
new text end

new text begin Subd. 4. new text end

new text begin Burden of proof; decision. new text end

new text begin If the court finds by a preponderance of the evidence
that the defendant has been restored to competence, the court shall enter an order finding
the defendant competent. Otherwise, the court shall enter an order finding that the defendant
remains incompetent and shall refer the defendant for continued treatment as incompetent
to stand trial, subject to section 628.76.
new text end

new text begin Subd. 5. new text end

new text begin Determination without hearing. new text end

new text begin If a contested competence hearing is not
requested, upon the expiration of the ten-day period, the court shall make a determination
whether the defendant has been restored to competence based solely on the report from the
competence restoration program. The court shall address any conditions of release or change
in custody of the defendant and shall set the matter on for further criminal proceedings.
new text end

Sec. 10.

new text begin [628.79] REVIEW HEARING.
new text end

new text begin The prosecutor, defense counsel, defendant, or person charged with the defendant's
supervision, may apply to the court for a hearing to review the defendant's competence
restoration programming. All parties are entitled to notice before the hearing. If the hearing
is held, it shall conform with the procedures of sections 628.70 to 628.81.
new text end

Sec. 11.

new text begin [628.80] DEFENDANT NOT LIKELY TO BE RESTORED.
new text end

new text begin If the report under section 628.76 provides an opinion that the defendant is unlikely to
be restored to competence, nothing in that section precludes or impedes the prosecutor's
ability to proceed concurrently under chapter 253B. Upon the request of the prosecutor, the
court shall order the report released to the prepetition screening team.
new text end

Sec. 12.

new text begin [628.81] DISMISSAL OF CRIMINAL CHARGE.
new text end

new text begin Subdivision 1. new text end

new text begin Felonies. new text end

new text begin Except when the defendant is charged with murder, felony-level
criminal charges shall be dismissed three years after the date of finding the defendant
incompetent to proceed unless the prosecutor, before the expiration of the three-year period,
files a written notice of intent to prosecute when the defendant regains competence.
new text end

new text begin Subd. 2. new text end

new text begin Gross misdemeanors. new text end

new text begin Gross misdemeanor criminal charges shall be dismissed
no later than 120 days after the date of finding the defendant incompetent to proceed unless
before that date the prosecutor files a written notice of intent to prosecute when the defendant
regains competence. If a notice of intent to prosecute is filed, the charges shall be dismissed
when the defendant would be entitled under section 628.84 to custody credit of at least one
year if convicted.
new text end

new text begin Subd. 3. new text end

new text begin Misdemeanors. new text end

new text begin Misdemeanor criminal charges shall be dismissed no later than
120 days after receipt of the 90-day report under section 628.76, subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Court-appointed counsel. new text end

new text begin If the defendant has been represented in the criminal
matter by a public defender or other court-appointed attorney, the court shall discharge the
criminal defense attorney upon dismissal of the criminal charges.
new text end

Sec. 13.

new text begin [628.82] DEFENDANT'S PARTICIPATION AND CONDUCT OF
HEARINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Place of hearing. new text end

new text begin Upon request of the prosecutor or defense counsel and
approval of the court, a hearing may be held at a treatment facility. A hearing may be
conducted by interactive video conference consistent with the Minnesota Rules of Criminal
Procedure.
new text end

new text begin Subd. 2. new text end

new text begin Absence permitted. new text end

new text begin When a licensed physician or licensed psychologist treating
the defendant submits a written report that participating in a hearing under this statute is
not in the best interest of the defendant and would be detrimental to the defendant's mental
or physical health, the court shall allow the hearing to proceed without the defendant's
participation.
new text end

new text begin Subd. 3. new text end

new text begin Disruption of hearing. new text end

new text begin At any hearing required under this section, the court,
on its motion or on the motion of any party, may exclude or excuse a defendant who is
seriously disruptive, refuses to participate, or who is incapable of comprehending and
participating in the proceedings. In such instances, the court shall, with specificity on the
record, state the behavior of the defendant or other circumstances which justify proceeding
in the absence of the defendant.
new text end

new text begin Subd. 4. new text end

new text begin Issues not requiring defendant's participation. new text end

new text begin The defendant's incompetence
does not preclude defense counsel from making an objection or defense before trial that can
be fairly determined without the defendant's participation.
new text end

Sec. 14.

new text begin [628.83] ADMISSIBILITY OF DEFENDANT'S STATEMENTS.
new text end

new text begin When a defendant is examined under this section, any statement made by the defendant
for the purpose of the examination and any evidence derived from the examination is
admissible at the competence proceedings.
new text end

Sec. 15.

new text begin [628.84] CREDIT FOR CONFINEMENT.
new text end

new text begin If the defendant is convicted, any time spent confined in a secure treatment facility for
a mental examination under this section shall be credited as time served. If a defendant is
placed in a secure treatment facility to be restored to competence, the time spent in the
secure treatment facility shall be credited as time served. No credit for time served shall be
given when the defendant is examined or treated in a nonsecure facility.
new text end