HF 4109

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 03:44pm

A bill for an act
relating to judiciary; amending name of competency attainment board; amending
Minnesota Statutes 2023 Supplement, sections 611.55, subdivision 1; 611.56,
subdivisions 1, 6; 611.57, subdivisions 1, 4.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 611.55, subdivision 1, is amended
to read:

Subdivision 1.

Definition.

As used in this section, "board" means the deleted text begin State deleted text end new text begin Minnesota new text end
Competency Attainment Board established in section 611.56.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 611.56, subdivision 1, is amended
to read:

Subdivision 1.

Establishment; membership.

(a) The deleted text begin State deleted text end new text begin Minnesota new text end Competency
Attainment Board is established in the judicial branch. The board is not subject to the
administrative control of the judiciary. The board shall consist of seven members, including:

(1) three members appointed by the supreme court, at least one of whom must be a
defense attorney, one a county attorney, and one public member; and

(2) four members appointed by the governor, at least one of whom must be a mental
health professional with experience in competency attainment.

(b) The appointing authorities may not appoint an active judge to be a member of the
board, but may appoint a retired judge.

(c) All members must demonstrate an interest in maintaining a high quality, independent
forensic navigator program and a thorough process for certification of competency attainment
programs. Members shall be familiar with the Minnesota Rules of Criminal Procedure,
particularly rule 20; chapter 253B; and sections 611.40 to 611.59. Following the initial
terms of appointment, at least one member appointed by the supreme court must have
previous experience working as a forensic navigator. At least three members of the board
shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms,
compensation, and removal of members shall be as provided in section 15.0575. The members
shall elect the chair from among the membership for a term of two years.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 611.56, subdivision 6, is amended
to read:

Subd. 6.

Fees and costs; civil actions on contested case.

Sections 15.039 and 15.471
to 15.474 apply to the deleted text begin State deleted text end new text begin Minnesota new text end Competency Attainment Board.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 611.57, subdivision 1, is amended
to read:

Subdivision 1.

Establishment.

The Certification Advisory Committee is established to
provide the deleted text begin State deleted text end new text begin Minnesota new text end Competency Attainment Board with advice and expertise
related to the certification of competency attainment programs, including jail-based programs.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 611.57, subdivision 4, is amended
to read:

Subd. 4.

Duties.

The Certification Advisory Committee shall consult with the Department
of Human Services, the Department of Health, and the Department of Corrections; make
recommendations to the deleted text begin State deleted text end new text begin Minnesota new text end Competency Attainment Board regarding
competency attainment curriculum, certification requirements for competency attainment
programs including jail-based programs, and certification of individuals to provide
competency attainment services; and provide information and recommendations on other
issues relevant to competency attainment as requested by the board.