HF 3070

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/02/2025 11:25 a.m.

A bill for an act
relating to judiciary; providing for forensic navigator monitoring; modifying certain
provisions of the Minnesota Competency Attainment Board; appropriating money;
amending Minnesota Statutes 2024, sections 611.45, subdivision 3; 611.46,
subdivision 2; 611.49, subdivisions 2, 3; 611.55, subdivision 3; 611.56, subdivision
1; 611.59, subdivisions 1, 4.

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

Section 1.

Minnesota Statutes 2024, section 611.45, subdivision 3, is amended to read:

Subd. 3.

Dismissal of criminal charge.

(a) If the court finds the defendant incompetent,
and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be
dismissed.

(b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed
30 days after the date of the finding of incompetence, unless the prosecutor, before the
expiration of the 30-day period, files a written notice of intent to prosecute when the
defendant attains competency. If a notice has been filed and the charge is a targeted
misdemeanor, charges must be dismissed within one year after the finding of incompetency.
If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed
within two years after the finding of incompetency.

(c) In felony cases, except as provided in paragraph (d), the charges must be dismissed
three years after the date of the finding of incompetency, unless the prosecutor, before the
expiration of the three-year period, files a written notice of intent to prosecute when the
defendant attains competency. If a notice has been filed, charges must be dismissed within
five years after the finding of incompetency or ten years if the maximum sentence for the
crime with which the defendant is charged is ten years or more.

(d) The requirement that felony charges be dismissed under paragraph (c) does not apply
if:

(1) the court orders continuing supervision new text begin or monitoring new text end pursuant to section 611.49; or

(2) the defendant is charged with a violation of sections 609.2112 (criminal vehicular
homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child);
609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn
child in the second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter
of an unborn child in the second degree); or a crime of violence as defined in section 624.712,
subdivision 5, except for a violation of chapter 152.

(e) Nothing in this subdivision requires dismissal of any charge if the court finds the
defendant competent and enters an order directing that the criminal proceedings shall resume.

Sec. 2.

Minnesota Statutes 2024, section 611.46, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Supervision deleted text end new text begin Forensic navigator monitoring new text end .

(a) Upon a finding of
incompetency, if the defendant is entitled to release, the court must determine whether the
defendant requires pretrial supervision. The court must weigh public safety risks against
the defendant's interests in remaining free from supervision while presumed innocent in the
criminal proceedings. The court may use a validated and equitable risk assessment tool to
determine whether supervision is necessary.

(b) If the court determines that the defendant requires pretrial supervision, the court deleted text begin shall deleted text end new text begin
may new text end direct the forensic navigator to deleted text begin conduct pretrial supervision and report violations to
the court. The forensic navigator shall be responsible for the supervision of the defendant
until ordered otherwise by the court. deleted text end new text begin monitor the defendant's compliance or noncompliance
with the conditions of release as provided in section 611.55, subdivision 3, paragraph (c).
A forensic navigator may not conduct searches, seize property or persons, or issue sanctions.
new text end

(c) Upon application by the prosecutor, forensic navigator, other entity or its designee
assigned to supervise the defendant, or court services alleging that the defendant violated
a condition of release and is a risk to public safety, the court shall follow the procedures
under Rules of Criminal Procedure, rule 6. Any hearing on the alleged violation of release
conditions shall be held no more than 15 days after the date of issuance of a summons or
within 72 hours if the defendant is apprehended on a warrant.

(d) If the court finds a violation, the court may revise the conditions of release and bail
as appropriate pursuant to Minnesota Rules of Criminal Procedure and must consider the
defendant's need for ongoing access to a competency attainment program or alternative
program under this section.

(e) The court must review conditions of release and bail on request of any party and may
amend the conditions of release or make any other reasonable order upon receipt of
information that the pretrial detention of a defendant has interfered with the defendant
attaining competency.

Sec. 3.

Minnesota Statutes 2024, section 611.49, subdivision 2, is amended to read:

Subd. 2.

Procedure.

(a) If the court finds that there is a substantial probability that the
defendant will attain competency within the reasonably foreseeable future, the court shall
find the defendant incompetent and proceed under section 611.46.

(b) If the court finds that there is not a substantial probability the defendant will attain
competency within the reasonably foreseeable future, the court may not order the defendant
to participate in or continue to participate in a competency attainment program in a locked
treatment facility. The court must release the defendant from any custody holds pertaining
to the underlying criminal case and require the forensic navigator to develop a bridge plan.

(c) If the court finds that there is not a substantial probability the defendant will attain
competency within the foreseeable future, the court may issue an order to the designated
agency in the county of financial responsibility or the county where the defendant is present
to conduct a prepetition screening pursuant to section 253B.07.

(d) If the court finds that there is not a substantial probability that the defendant will
attain competency within the foreseeable future, the court must dismiss the case unless:

(1) the person is charged with a violation of section 609.2112 (criminal vehicular
homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child);
609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn
child in the second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter
of an unborn child in the second degree); or a crime of violence as defined in section 624.712,
subdivision 5, except for a violation of chapter 152; or

(2) there is a showing of a danger to public safety if the matter is dismissed.

(e) If the court does not dismiss the charges, the court must order continued supervision new text begin
or monitoring new text end under subdivision 3.

Sec. 4.

Minnesota Statutes 2024, section 611.49, subdivision 3, is amended to read:

Subd. 3.

Continued supervision new text begin or monitoring new text end .

(a) If the court orders the continued
supervision new text begin or monitoring new text end of a defendant, any party may request a hearing on the issue of
continued supervision new text begin or monitoring new text end by filing a notice no more than ten days after the order
for continued supervision new text begin or monitoring new text end .

(b) When continued supervision is ordered, the court must identify the deleted text begin supervisory deleted text end
agency responsible for the supervision of the defendant deleted text begin and may identify a forensic navigator
as the responsible entity deleted text end . new text begin Alternatively, the court may direct the forensic navigator to monitor
the defendant's compliance or noncompliance with the conditions of release as provided in
section 611.55, subdivision 3, paragraph (c). A forensic navigator may not conduct searches,
seize property or persons, or issue sanctions.
new text end

(c) Notwithstanding the reporting requirements of section 611.46, subdivision 6, the
court examiner must provide an updated report to the court one year after the initial order
for continued supervision new text begin or monitoring new text end as to the defendant's competency and a description
of the efforts made to assist the defendant in attaining competency. The court shall hold a
review hearing within 30 days of receipt of the report.

(d) If continued supervision new text begin or monitoring new text end is ordered at the review hearing under
paragraph (c), the court must set a date for a review hearing no later than two years after
the most recent order for continuing supervision new text begin or monitoring new text end . The court must order review
of the defendant's status, including an updated competency examination and report by the
court examiner. The court examiner must submit the updated report to the court. At the
review hearing, the court must determine if the defendant has attained competency, whether
there is a substantial probability that the defendant will attain competency within the
foreseeable future, and whether the absence of continuing supervision new text begin or monitoring new text end of the
defendant is a danger to public safety. Notwithstanding subdivision 2, paragraph (d), the
court may hear any motions to dismiss pursuant to the interest of justice at the review
hearing.

(e) Continued supervision new text begin or monitoring new text end of a defendant in cases where the most serious
charge is a targeted misdemeanor or gross misdemeanor is subject to the limitations
established in section 611.45, subdivision 3, paragraph (b).

(f) The court may not order continued supervision new text begin or monitoring new text end of a defendant charged
with a felony for more than ten years unless the defendant is charged with a violation of
section 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular
operation, death to an unborn child); 609.2661 (murder of an unborn child in the first degree);
609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn
child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree);
or 609.2665 (manslaughter of an unborn child in the second degree); or a crime of violence
as defined in section 624.712, subdivision 5, except for a violation of chapter 152.

(g) At any time, the head of the program may discharge the defendant from the program
or facility. The head of the program must notify the court, prosecutor, defense counsel,
forensic navigator, and any entity responsible for the supervision of the defendant prior to
any planned discharge. Absent emergency circumstances, this notification shall be made
five days prior to the discharge. If the defendant is discharged from the program or facility
under emergency circumstances, notification of emergency discharge shall include a
description of the emergency circumstances and may include a request for emergency
transportation. The court shall make a determination on a request for emergency
transportation within 24 hours. Nothing in this section prohibits a law enforcement agency
from transporting a defendant pursuant to any other authority.

(h) The court may provide, partner, or contract for pretrial supervision services or
continued supervision if the defendant is found incompetent and unlikely to attain competency
in the foreseeable future.

Sec. 5.

Minnesota Statutes 2024, section 611.55, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) Forensic navigators shall assist and deleted text begin supervise deleted text end new text begin monitor new text end defendants
when appointed to do so by a court. Forensic navigators shall be impartial in all legal matters
relating to the criminal case. Nothing shall be construed to permit the forensic navigator to
provide legal counsel as a representative of the court, prosecutor, or defense counsel.

(b) Forensic navigators shall provide services to assist defendants with mental illnesses
and cognitive impairments. Services may include, but are not limited to:

(1) developing bridge plans;

(2) assisting defendants in participating in court-ordered examinations and hearings;

(3) coordinating timely placement in court-ordered competency attainment programs;

(4) providing competency attainment education;

(5) reporting to the court on the progress of defendants found incompetent to stand trial;

(6) providing coordinating services to help defendants access mental health services,
medical care, stable housing and housing assistance, financial assistance, social services,
transportation, precharge and pretrial diversion, and other necessary services provided by
other programs and community service providers;

(7) communicating with and offering supportive resources to defendants and family
members of defendants; and

(8) providing consultation and education to court officials on emerging issues and
innovations in serving defendants with mental illnesses in the court system.

(c) When ordered to deleted text begin supervise a defendant, a forensic navigator shall report to the court
on deleted text end new text begin monitor new text end a defendant's compliance or noncompliance with conditions of deleted text begin pretrial supervision
and any order of the court deleted text end new text begin release under section 611.46, subdivision 2, paragraph (b), the
forensic navigator shall provide updates to the court on a regular basis or when requested
by the court or either party new text end .

(d) If a defendant's charges are dismissed, the appointed forensic navigator may continue
assertive outreach with the individual for up to 90 days to assist in attaining stability in the
community.

Sec. 6.

Minnesota Statutes 2024, section 611.56, subdivision 1, is amended to read:

Subdivision 1.

Establishment; membership.

(a) The Minnesota 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. deleted text begin Following the initial
terms of appointment, at least one member appointed by the supreme court must have
previous experience working as a forensic navigator. deleted text end 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. 7.

Minnesota Statutes 2024, section 611.59, subdivision 1, is amended to read:

Subdivision 1.

Availability and certification.

The board deleted text begin must deleted text end new text begin will use available resources
to new text end provide deleted text begin or contract for enough deleted text end competency attainment services to meet the needs of adult
defendants in each judicial district who are found incompetent to proceed and do not have
access to competency attainment services as a part of any other programming in which they
are ordered to participate. The board, in consultation with the Certification Advisory
Committee, shall develop procedures to certify that the standards in this section are met,
including procedures for regular recertification of competency attainment programs. The
board shall maintain a list of programs it has certified on the board's website and shall update
the list of competency attainment programs at least once every year.

Sec. 8.

Minnesota Statutes 2024, section 611.59, subdivision 4, is amended to read:

Subd. 4.

Program evaluations.

(a) The deleted text begin board deleted text end new text begin state court administrator new text end shall deleted text begin collect deleted text end new text begin
prepare and make available to the board new text end the following data:

(1) the total number of competency examinations ordered in each judicial district
separated by county;

(2) the age, race, and number of unique defendants and for whom at least one competency
examination was ordered in each judicial district separated by county;

(3) the age, race, and number of unique defendants found incompetent at least once in
each judicial district separated by county; and

(4) all available data on the level of charge and adjudication of cases with a defendant
found incompetent deleted text begin and whether a forensic navigator was assigned to the case deleted text end .

(b) By February 15 of each year, the board must report to the legislative committees and
divisions with jurisdiction over human services, public safety, and the judiciary on the data
collected under this subdivision and may include recommendations for statutory or funding
changes related to competency attainment.

Sec. 9. new text begin APPROPRIATION; MINNESOTA COMPETENCY ATTAINMENT BOARD.
new text end

new text begin $13,056,000 in fiscal year 2026 and $14,090,000 in fiscal year 2027 are appropriated
from the general fund to the Minnesota Competency Attainment Board to maintain core
operations and meet the demands for competency attainment services in the state. The base
for this appropriation is $14,090,000 in fiscal year 2028 and thereafter.
new text end