HF 121

1st Unofficial Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/20/2023 10:46am

A bill for an act
relating to competency attainment; making certain technical changes; appropriating
money; amending Minnesota Statutes 2022, sections 611.41, subdivisions 2, 5, 6,
7, 8, 9, 10, 13, 14, 16, by adding a subdivision; 611.42, subdivisions 2, 3, 4; 611.43,
subdivisions 1, 2, 3; 611.44, subdivisions 1, 2; 611.45, subdivision 3; 611.46,
subdivisions 1, 2, 3, 4, 5, 6; 611.47; 611.48; 611.49; 611.51; 611.55; 611.56;
611.57; 611.58; 611.59; Laws 2022, chapter 99, article 3, section 1.

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

Section 1.

Minnesota Statutes 2022, section 611.41, subdivision 2, is amended to read:

Subd. 2.

Alternative program.

"Alternative program" means any mental health or
substance use disorder treatment or program that is not a deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin
attainment new text end program but may assist a defendant in attaining competency.

Sec. 2.

Minnesota Statutes 2022, section 611.41, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Competency. new text end

new text begin "Competency" means the ability to understand criminal
proceedings, consult with counsel, and participate in the defense.
new text end

Sec. 3.

Minnesota Statutes 2022, section 611.41, subdivision 5, is amended to read:

Subd. 5.

Competency deleted text begin restoration deleted text end new text begin attainment new text end program.

"Competency deleted text begin restoration deleted text end new text begin
attainment new text end program" means a structured program of clinical and educational services that
is certified and designed to identify and address barriers to a defendant's ability to understand
the criminal proceedings, consult with counsel, and participate in the defense.

Sec. 4.

Minnesota Statutes 2022, section 611.41, subdivision 6, is amended to read:

Subd. 6.

Competency deleted text begin restoration deleted text end new text begin attainment new text end services.

"Competency deleted text begin restoration deleted text end new text begin
attainment new text end services" means education deleted text begin provided by certified individuals to deleted text end new text begin for new text end defendants
found incompetent to proceed new text begin provided by certified individuals using the approved curriculum
to address barriers to a defendant's ability to understand the criminal proceedings, consult
with counsel, and participate in the defense new text end . deleted text begin Educational services must use the curriculum
certified by the State Competency Restoration Board as the foundation for delivering
competency restoration education. deleted text end Competency deleted text begin restoration deleted text end new text begin attainment new text end services does not
include housing assistance or programs, social services, or treatment that must be provided
by a licensed professional including mental health treatment, substance use disorder
treatment, or co-occurring disorders treatment.

Sec. 5.

Minnesota Statutes 2022, section 611.41, subdivision 7, is amended to read:

Subd. 7.

Court examiner.

"Court examiner" means a person appointed to serve the
court deleted text begin , deleted text end new text begin by examining a defendant whose competency is at issue new text end and who is a physician or
licensed psychologist who has a doctoral degree in psychology.

Sec. 6.

Minnesota Statutes 2022, section 611.41, subdivision 8, is amended to read:

Subd. 8.

Forensic navigator.

"Forensic navigator" means a person deleted text begin who meets the
certification and continuing education requirements under section 611.56, subdivision 2,
paragraph (b), clause (3), deleted text end new text begin hired or contracted to facilitate competency attainment services,
supervise certain defendants found to be incompetent, prepare bridge plans, new text end and deleted text begin provides deleted text end new text begin
provide new text end the new text begin other new text end services under section 611.55, subdivision 3.

Sec. 7.

Minnesota Statutes 2022, section 611.41, subdivision 9, is amended to read:

Subd. 9.

Head of the program.

"Head of the program" means the head of the competency
deleted text begin restoration deleted text end new text begin attainment new text end program or the head of the facility or program where the defendant
is being served.

Sec. 8.

Minnesota Statutes 2022, section 611.41, subdivision 10, is amended to read:

Subd. 10.

Jail-based program.

"Jail-based program" means a competency deleted text begin restoration deleted text end new text begin
attainment new text end program that operates within a correctional facility licensed by the commissioner
of corrections under section 241.021 that meets the capacity standards governing jail facilities.
A jail-based program may not be granted a variance to exceed its operational capacity.

Sec. 9.

Minnesota Statutes 2022, section 611.41, subdivision 13, is amended to read:

Subd. 13.

State-operated treatment program.

"State-operated treatment program"
means any deleted text begin state-operated program, including deleted text end community behavioral health deleted text begin hospitals deleted text end new text begin hospital new text end ,
crisis deleted text begin centers deleted text end new text begin center new text end , residential deleted text begin facilities deleted text end new text begin facility new text end , outpatient deleted text begin services deleted text end new text begin service new text end , deleted text begin and deleted text end new text begin or new text end other
deleted text begin community-based services developed and deleted text end new text begin program new text end operated by the state and under the
control of the commissioner of human services, for a person who has mental illness,
developmental disability, or substance use disorder.

Sec. 10.

Minnesota Statutes 2022, section 611.41, subdivision 14, is amended to read:

Subd. 14.

Suspend the criminal proceedings.

"Suspend the criminal proceedings"
means deleted text begin nothing can be heard or decided on deleted text end new text begin to cease all hearings and decisions regarding new text end the
merits of deleted text begin the deleted text end criminal charges deleted text begin except that deleted text end new text begin but not terminate the jurisdiction of new text end the court
deleted text begin retains jurisdiction in all deleted text end new text begin or prevent hearings or decisions in any new text end other matters, including
but not limited to new text begin establishing or modifying new text end bail, conditions of release, probation conditions,
no contact orders, and appointment of counsel.

Sec. 11.

Minnesota Statutes 2022, section 611.41, subdivision 16, is amended to read:

Subd. 16.

Treatment facility.

"Treatment facility" means a deleted text begin non-state-operated deleted text end hospital,
residential treatment provider, crisis residential withdrawal management center, or corporate
foster care home new text begin that is not operated by the state and is new text end qualified to provide care and treatment
for persons who have mental illness, developmental disability, or substance use disorder.

Sec. 12.

Minnesota Statutes 2022, section 611.42, subdivision 2, is amended to read:

Subd. 2.

Waiver of counsel in competency proceedings.

(a) A defendant must not be
allowed to waive counsel if the defendant lacks ability to:

(1) knowingly, voluntarily, and intelligently waive the right to counsel;

(2) appreciate the consequences of proceeding without counsel;

(3) comprehend the nature of the charge;

(4) comprehend the nature of the proceedings;

(5) comprehend the possible punishment; or

(6) comprehend any other matters essential to understanding the case.

(b) The court must not proceed under this deleted text begin law deleted text end new text begin section new text end before a lawyer consults with the
defendant and has an opportunity to be heard.

Sec. 13.

Minnesota Statutes 2022, section 611.42, subdivision 3, is amended to read:

Subd. 3.

Competency motion.

(a) At any time, the prosecutor or defense counsel may
make a motion challenging the defendant's competency, or the court on its initiative may
raise the issue. The defendant's consent is not required to bring a competency motion. 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.

(b) If competency is at issue, the court shall appoint a forensic navigator to provide the
deleted text begin forensic navigator deleted text end services described in section 611.55 deleted text begin for the defendant deleted text end , including
development of a deleted text begin specific deleted text end new text begin bridge new text end plan to identify appropriate housing and services if the
defendant is released from custody or any charges are dismissed.

(c) In felony, gross misdemeanor, and targeted misdemeanor cases, if the court determines
there is a reasonable basis to doubt the defendant's deleted text begin competence deleted text end new text begin competency new text end and there is
probable cause for the charge, the court must suspend the criminal proceedings and order
an examination of the defendant deleted text begin under section 611.43 deleted text end .

(d) In misdemeanor cases, other than cases involving a targeted misdemeanor, if the
court determines there is a reasonable basis to doubt the defendant's deleted text begin competence deleted text end new text begin competency new text end
and there is probable cause for the charge, the court must suspend the criminal proceedings.
The court may order an examination of the defendant under section 611.43 if the examination
is in the public interest. For purposes of this paragraph, an examination is in the public
interest when it is necessary to assess whether the defendant has a cognitive impairment or
mental illness; determine whether a defendant has the ability to access housing, food, income,
disability verification, medications, and treatment for medical conditions; or whether a
defendant has the ability to otherwise address any basic needs. deleted text begin The court shall order the
forensic navigator to complete a bridge plan as described in section 611.55, subdivision 4,
and submit it to the court. The court may dismiss the charge upon receipt of the bridge plan
without holding a hearing unless either party objects.
deleted text end

Sec. 14.

Minnesota Statutes 2022, section 611.42, subdivision 4, is amended to read:

Subd. 4.

Dismissal, referrals for services, and collaboration.

(a) Except as provided
in this subdivision, when the court determines there is a reasonable basis to doubt deleted text begin the deleted text end new text begin a new text end
defendant's deleted text begin competence deleted text end new text begin competency new text end and orders an examination of the defendant, a forensic
navigator must complete a bridge plan with the defendant as described in section 611.55,
subdivision 4, submit the bridge plan to the court, and provide a written copy to the defendant
before the court or prosecutor dismisses any charges based on a belief or finding that the
defendant is incompetent. new text begin The court may dismiss a case where the most serious charge is
a misdemeanor, other than a targeted misdemeanor, without holding a hearing unless either
party objects.
new text end

(b) If for any reason a forensic navigator has not been appointed, the court must make
every reasonable effort to coordinate with any resources available to the court and refer the
defendant for possible assessment and social services, including but not limited to services
for engagement under section 253B.041, before dismissing any charges based on a finding
that the defendant is incompetent.

(c) If working with the forensic navigator or coordinating a referral to services would
cause an unreasonable delay in the release of a defendant being held in custody, the court
may release the defendant. If a defendant has not been engaged for assessment and referral
before release, the court may coordinate with the forensic navigator or any resources available
to the court to engage the defendant for up to 90 days after release.

(d) Courts may partner and collaborate with county social services, community-based
programs, jails, and any other new text begin available new text end resource deleted text begin available to the court deleted text end to provide referrals
to services when a defendant's competency is at issue or a defendant has been found
incompetent to proceed.

(e) Counsel for the defendant may bring a motion to dismiss the proceedings in the
interest of justice at any stage of the proceedings.

Sec. 15.

Minnesota Statutes 2022, section 611.43, subdivision 1, is amended to read:

Subdivision 1.

Competency examination.

(a) If the court orders an examination pursuant
to section 611.42, subdivision 3, the court shall appoint a court examiner to examine the
defendant and report to the court on the defendant's competency to proceed. A court examiner
may obtain from court administration and review the report of any prior or subsequent
examination under this section or under Minnesota Rules of Criminal Procedure, rule 20.

(b) If the defendant is not entitled to release, the court shall order the defendant to
participate in an examination where the defendant is being held, or the court may order that
the defendant be confined in a treatment facility, locked treatment facility, or a state-operated
treatment facility until the examination is completed.

(c) If the defendant is entitled to release, the court shall order the defendant to appear
for an examination. If the defendant fails to appear at an examination, the court may amend
the conditions of release and bail deleted text begin pursuant to Minnesota Rules of Criminal Procedure, rule
deleted text end deleted text begin 6 deleted text end .

(d) A competency examination ordered under Minnesota Rules of Criminal Procedure,
rule 20.04, shall proceed under deleted text begin subdivision 2 deleted text end new text begin this section new text end .

Sec. 16.

Minnesota Statutes 2022, section 611.43, subdivision 2, is amended to read:

Subd. 2.

Report of examination.

(a) The deleted text begin court-appointed deleted text end new text begin court new text end examiner's written report
shall be filed with the court and deleted text begin served on deleted text end new text begin provided to new text end the prosecutor and defense counsel
by the court. The report shall be filed no more than 30 days after the order for examination
of a defendant in custody unless extended by the court for good cause. If the defendant is
out of custody or confined in a deleted text begin noncorrectional deleted text end new text begin state-operated treatment new text end program or treatment
facility, the report shall be filed no more than 60 days after the order for examination, unless
extended by the court for good cause. The report shall not include opinions concerning the
defendant's mental condition at the time of the alleged offense or any statements made by
the defendant regarding the alleged criminal conduct, unless necessary to support the
examiner's opinion regarding competence or incompetence.

(b) The report shall include an evaluation of the defendant's mental health, cognition,
and the factual basis for opinions about:

(1) any diagnoses made, and the results of any testing conducted with the defendant;

(2) the defendant's competency to stand trial;

(3) the level of care and education required for the defendant to attain, be restored to,
or maintain competency;

(4) a recommendation of the least restrictive setting appropriate to meet the defendant's
needs for deleted text begin restoration deleted text end new text begin attaining competency new text end and immediate safety;

(5) the impact of any substance use disorder on the defendant, including the defendant's
competency, and any recommendations for treatment;

(6) the likelihood the defendant will attain competency in the reasonably foreseeable
future;

(7) whether the defendant poses a substantial likelihood of physical harm to self or
others; and

(8) if the court examiner's opinion is that the defendant is incompetent to proceed, deleted text begin the
report must include an opinion as to deleted text end whether the defendant possesses capacity to make
decisions regarding neuroleptic medication unless the examiner is unable to render an
opinion on capacity. If the examiner is unable to render an opinion on capacity, the report
must document the reasons why the examiner is unable to render that opinion.

(c) If the court examiner determines that the defendant presents an imminent risk of
serious danger to another, is imminently suicidal, or otherwise needs emergency intervention,
the examiner must promptly notify the court, prosecutor, defense counsel, and those
responsible for the care and custody of the defendant.

(d) If the defendant appears for the examination but does not participate, the court
examiner shall submit a report and, if sufficient information is available, may render an
opinion on competency and an opinion as to whether the unwillingness to participate resulted
from a mental illness, cognitive impairment, or other factors.

(e) If the court examiner determines the defendant would benefit from services for
engagement in mental health treatment under section 253B.041 or any other referral to
social services, the court examiner may recommend referral of the defendant to services
where available.

Sec. 17.

Minnesota Statutes 2022, section 611.43, subdivision 3, is amended to read:

Subd. 3.

Additional examination.

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

Sec. 18.

Minnesota Statutes 2022, section 611.44, subdivision 1, is amended to read:

Subdivision 1.

Request for hearing.

(a) The prosecutor or defense counsel may request
a hearing on the deleted text begin court-appointed deleted text end new text begin court new text end examiner's competency report by filing a written
objection no later than ten days after the report is filed.

(b) A hearing shall be held as soon as possible but no longer than 30 days after the
request, unless extended by agreement of the prosecutor and defense counsel, or by the
court for good cause.

(c) If an independent court examiner is retained, the hearing may be continued up to 14
days after the date the independent court examiner's report is filed. The court may continue
the hearing for good cause.

Sec. 19.

Minnesota Statutes 2022, section 611.44, subdivision 2, is amended to read:

Subd. 2.

Competency hearing.

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

(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 shall not cross-examine defense counsel
concerning responses to the court's inquiry.

Sec. 20.

Minnesota Statutes 2022, 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 deleted text begin regains deleted text end new text begin attains new text end 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 deleted text begin regains deleted text end new text begin attains new text end 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 pursuant to section 611.49 deleted text begin , subdivision 3 deleted text end ;
or

(2) the defendant is charged with a violation of sections deleted text begin 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); deleted text end 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.

new text begin (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.
new text end

Sec. 21.

Minnesota Statutes 2022, section 611.46, subdivision 1, is amended to read:

Subdivision 1.

Order to competency deleted text begin restoration deleted text end new text begin attainment program new text end .

(a) If the court
finds the defendant incompetent and the charges have not been dismissed, the court shall
order the defendant to participate in a deleted text begin competency restoration deleted text end program to deleted text begin restore deleted text end new text begin assist new text end the
deleted text begin defendant's competence deleted text end new text begin defendant in attaining competency new text end . The court may order participation
in a competency deleted text begin restoration deleted text end new text begin attainment new text end program provided outside of a jail, a jail-based
competency deleted text begin restoration deleted text end new text begin attainment new text end program, or an alternative program. The court must
determine the least-restrictive program appropriate to meet the defendant's needs and public
safety. In making this determination, the court must consult with the forensic navigator and
consider any recommendations of the court examiner. The court shall not order a defendant
to participate in a jail-based program or a state-operated treatment program if the highest
criminal charge is a deleted text begin misdemeanor or deleted text end targeted misdemeanor.

new text begin (b) If the court orders the defendant to a locked treatment facility or jail-based program,
the court must calculate the defendant's custody credit and cannot order the defendant to a
locked treatment facility or jail-based program for a period that would cause the defendant's
custody credit to exceed the maximum sentence for the underlying charge.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The court may only order the defendant to participate in competency deleted text begin restoration deleted text end
new text begin attainment new text end at an inpatient or residential treatment program under this section if the head of
the treatment program determines that admission to the program is clinically appropriate
and consents to the defendant's admission. The court may only order the defendant to
participate in competency deleted text begin restoration deleted text end new text begin attainment new text end at a state-operated treatment facility under
this section if the commissioner of human services or a designee determines that admission
of the defendant is clinically appropriate and consents to the defendant's admission. The
court may require a deleted text begin certified deleted text end competency program that qualifies as a locked facility or a
state-operated treatment program to notify the court in writing of the basis for refusing
consent for admission of the defendant in order to ensure transparency and maintain an
accurate record. The court may not require personal appearance of any representative of a
deleted text begin certified deleted text end competency program. The court shall send a written request for notification to the
locked facility or state-operated treatment program and the locked facility or state-operated
treatment program shall provide a written response to the court within ten days of receipt
of the court's request.

deleted text begin (c) deleted text end new text begin (d) new text end If the defendant is confined in jail and has not received competency deleted text begin restoration deleted text end new text begin
attainment new text end services within 30 days of the finding of incompetency, the court shall review
the case with input from the prosecutor and defense counsel and may:

(1) order the defendant to participate in an appropriate competency deleted text begin restoration deleted text end new text begin attainment new text end
program that takes place outside of a jail;

(2) deleted text begin conditionally deleted text end new text begin order a conditional new text end release new text begin of new text end the defendant deleted text begin , including deleted text end new text begin with conditions
that include new text end but new text begin are new text end not limited to deleted text begin conditions deleted text end new text begin a requirement new text end that the defendant participate
in a competency deleted text begin restoration deleted text end new text begin attainment new text end program when one becomes available and accessible;

(3) make a determination as to whether the defendant is likely to attain competency in
the reasonably foreseeable future and proceed under section 611.49; or

(4) upon a motion, dismiss the charges in the interest of justice.

deleted text begin (d) Upon the order to a competency restoration program or alternative program, deleted text end new text begin (e) new text end The
court may order any hospital, treatment facility, or correctional facility that has provided
care or supervision to deleted text begin the deleted text end new text begin a new text end defendant in the previous two years to provide copies of the
defendant's medical records to the competency deleted text begin restoration deleted text end new text begin attainment new text end program or alternative
program new text begin in which the defendant was ordered to participate new text end . This information shall be provided
in a consistent and timely manner and pursuant to all applicable laws.

deleted text begin (e) deleted text end new text begin (f) new text end If at any time the defendant refuses to participate in a competency deleted text begin restoration deleted text end new text begin
attainment new text end program or an alternative program, the head of the program shall notify the court
and any entity responsible for supervision of the defendant.

deleted text begin (f) deleted text end new text begin (g) new text end 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, 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 not being discharged to jail or a correctional facility.
Upon the receipt of notification of discharge or upon the request of either party in response
to notification of discharge, the court may order that a defendant who is subject to bail or
unmet conditions of release be returned to jail upon being discharged from the program or
facility. If the court orders a defendant returned to jail, the court shall notify the parties and
head of the program at least one day before the defendant's planned discharge, except in
the event of an emergency discharge where one day notice is not possible. The court must
hold a review hearing within seven days of the defendant's return to jail. The forensic
navigator must be given notice of the hearing and be allowed to participate.

deleted text begin (g) deleted text end new text begin (h) new text end 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.

Sec. 22.

Minnesota Statutes 2022, section 611.46, subdivision 2, is amended to read:

Subd. 2.

Supervision.

(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 shall
direct the forensic navigator to 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.

(c) Upon application by the prosecutor, deleted text begin the deleted text end new text begin forensic navigator, other new text end 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 deleted text begin , including but not limited
to consideration of deleted text end new text begin and must consider new text end the defendant's need for ongoing access to a
competency deleted text begin restoration deleted text end new text begin attainment new text end 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. 23.

Minnesota Statutes 2022, section 611.46, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Certified deleted text end Competency deleted text begin restoration deleted text end new text begin attainment new text end programs; procedure.

(a) If
the court orders a defendant to participate in a competency deleted text begin restoration deleted text end new text begin attainment new text end program
that takes place outside of a jail, or an alternative program that the court has determined is
providing appropriate competency deleted text begin restoration deleted text end new text begin attainment new text end services to the defendant, the court
shall specify whether the program is deleted text begin a community-based treatment program or deleted text end provided in
a locked treatment facility.

(b) If the court finds that the defendant continues to be incompetent at a review hearing
held after the initial determination of competency, the court must hold a review hearing
pursuant to section 611.49 and consider any changes to the defendant's conditions of release
or competency deleted text begin restoration deleted text end new text begin attainment new text end programming to restore the defendant's competency
in the least restrictive program appropriate.

deleted text begin (c) If the court orders the defendant to a locked treatment facility or jail-based program,
the court must calculate the defendant's custody credit and cannot order the defendant to a
locked treatment facility or jail-based program for a period that would cause the defendant's
custody credit to exceed the maximum sentence for the underlying charge.
deleted text end

Sec. 24.

Minnesota Statutes 2022, section 611.46, subdivision 4, is amended to read:

Subd. 4.

Jail-based competency deleted text begin restoration deleted text end new text begin attainment new text end programs; procedure.

(a)
A defendant is eligible to participate in a jail-based competency deleted text begin restoration deleted text end new text begin attainment new text end
program when the underlying charge is a gross misdemeanor or felony and either:

(1) the defendant has been found incompetent, the defendant has not met the conditions
of release ordered pursuant to rule 6.02 of Minnesota Rules of Criminal Procedure, including
posting bail, and either a deleted text begin court-appointed deleted text end new text begin court new text end examiner has recommended jail-based
competency deleted text begin restoration deleted text end new text begin attainment new text end as the least restrictive setting to meet the person's needs,
or the court finds that after a reasonable effort by the forensic navigator, there has not been
consent by another secure setting to the defendant's placement; or

(2) the defendant is in custody and is ordered to a deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin
attainment new text end program that takes place outside of a jail, a jail-based competency deleted text begin restoration deleted text end new text begin
attainment new text end program is available within a reasonable distance to the county where the
defendant is being held, and the court ordered a time-limited placement in a jail-based
program until transfer to a deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin attainment new text end program that takes
place outside of a jail.

(b) A defendant may not be ordered to participate in a jail-based competency deleted text begin restoration deleted text end new text begin
attainment new text end program for more than 90 days without a review hearing. If after 90 days of the
order to a jail-based program the defendant has not attained competency, the court must
review the case with input from the prosecutor and defense counsel and may:

(1) order the defendant to participate in an appropriate deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin
attainment new text end program that takes place outside of a locked facility; or

(2) determine whether, after a reasonable effort by the forensic navigator, there is consent
to the defendant's placement by another locked facility. If court determines that a locked
facility is the least restrictive program appropriate and no appropriate locked facility is
available, it may order the defendant to the jail-based program for an additional 90 days.

(c) Nothing in this section prohibits the court from ordering the defendant transferred
to a deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin attainment new text end program that takes place outside of a jail
if the court determines that transition is appropriate, or the defendant satisfies the conditions
of release or bail. Before the defendant is deleted text begin transitioned deleted text end new text begin transferred new text end to a deleted text begin certified deleted text end competency
deleted text begin restoration deleted text end new text begin attainment new text end program that takes place outside of a jail or an alternative program,
the court shall notify the prosecutor and the defense counsel, and the provisions of subdivision
2 shall apply.

deleted text begin (d) The court may require a certified competency program that qualifies as a locked
facility to notify the court in writing of the basis for refusing consent of the defendant in
order to ensure transparency and maintain an accurate record. The court may not require
personal appearance of any representative of a certified competency program.
deleted text end

Sec. 25.

Minnesota Statutes 2022, section 611.46, subdivision 5, is amended to read:

Subd. 5.

Alternative programs; procedure.

(a) A defendant is eligible to participate
in an alternative program if the defendant has been found incompetent, the defendant is
entitled to release, and a deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin attainment new text end program outside of a
jail is not available.

(b) As soon as the forensic navigator has reason to believe that no deleted text begin certified deleted text end competency
deleted text begin restoration deleted text end new text begin attainment new text end program outside of a jail will be available within a reasonable time,
the forensic navigator shall determine if there are available alternative programs that are
likely to assist the defendant in attaining competency. deleted text begin Upon notification by the forensic
navigator, deleted text end The court may order the defendant to participate in an appropriate alternative
program new text begin identified by the forensic navigator new text end and new text begin must new text end notify the prosecutor and the defense
counsel new text begin of the order new text end .

(c) If at any time while the defendant is participating in an alternative program, an
appropriate deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin attainment new text end program that takes place outside
of a jail becomes available, the forensic navigator must notify the court. The court must
notify the prosecutor and the defense counsel and must order the defendant to participate
in an appropriate deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin attainment new text end program, unless the court
determines that the defendant is receiving appropriate competency deleted text begin restoration deleted text end new text begin attainment new text end
services in the alternative program. If appropriate and in the public interest, the court may
order the defendant to participate in the deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin attainment new text end program
and an alternative program.

(d) At any time, the head of the alternative program or the forensic navigator may notify
the court that the defendant is receiving appropriate competency deleted text begin restoration deleted text end new text begin attainment new text end
services in the alternative program, and recommend that remaining in the alternative program
is in the best interest of the defendant and the defendant's progress in attaining competency.
The court may order the defendant to continue programming in the alternative program and
proceed under subdivision 3.

(e) If after 90 days of the order to an alternative program the defendant has not attained
competency and the defendant is not participating in a deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin
attainment new text end program, the court must hold a review hearing pursuant to section 611.49.

Sec. 26.

Minnesota Statutes 2022, section 611.46, subdivision 6, is amended to read:

Subd. 6.

Reporting to the court.

(a) The court examiner must provide an updated report
to the court at least once every six months, unless the court and the parties agree to a longer
period that is not more than 12 months, as to the defendant's competency and a description
of the efforts made to restore the defendant to competency.

(b) At any time, the head of the program may notify the court and recommend that a
court examiner provide an updated competency examination and report.

(c) The court shall deleted text begin furnish deleted text end new text begin provide new text end copies of the report to the prosecutor, defense counsel,
and the facility or program where the defendant is being served.

(d) The report may make recommendations for continued services to ensure continued
competency. If the defendant is found guilty, these recommendations may be considered
by the court in imposing a sentence, including any conditions of probation.

Sec. 27.

Minnesota Statutes 2022, section 611.47, is amended to read:

611.47 ADMINISTRATION OF MEDICATION.

Subdivision 1.

Motion.

When a court finds that a defendant is incompetent or any time
thereafter, upon the motion of the prosecutor or treating medical provider, the court shall
hear and determine whether the defendant lacks capacity to make decisions regarding the
administration of neuroleptic medication new text begin and, if so, whether the conditions and factors weigh
in favor of authorizing involuntary administration of neuroleptic medication new text end .

Subd. 2.

deleted text begin Certification report deleted text end new text begin Reports new text end .

new text begin (a) In making a determination under this section,
the court shall consider the report of the court examiner completed pursuant to section
611.43 and any certification report filed by the treating medical practitioner in support of
a motion under this section. The court may request a certification report from the defendant's
treating medical practitioner.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end If the defendant's treating medical practitioner is of the opinion that the defendant
lacks capacity to make decisions regarding neuroleptic medication, the treating medical
practitioner deleted text begin shall deleted text end new text begin may new text end certify in a report that the lack of capacity exists and which conditions
under subdivision 3 are applicable. deleted text begin The deleted text end new text begin A new text end certification report deleted text begin shall deleted text end new text begin must new text end contain an
assessment of the current mental status of the defendant and the opinion of the treating
medical practitioner deleted text begin that deleted text end new text begin as to whether new text end involuntary neuroleptic medication has become
medically necessary and appropriate under subdivision 3, paragraph (b), clause (1) or (2),
or in the deleted text begin patient's deleted text end new text begin defendant's new text end best medical interest under subdivision 3, paragraph (b), clause
(3). The certification report shall be filed with the court when a motion for a hearing is made
under this section.

deleted text begin (b) deleted text end new text begin (c) new text end A certification report made pursuant to this section shall include a description of
the neuroleptic medication proposed to be administered to the defendant new text begin , if any, new text end and its
likely effects and side effects, including effects on the defendant's condition or behavior
that would affect the defendant's ability to understand the nature of the criminal proceedings
or to assist counsel in the conduct of a defense in a reasonable manner.

deleted text begin (c) deleted text end new text begin (d) new text end Any defendant subject to an order under subdivision 3 of this section or the state
may request review of that order.

deleted text begin (d) deleted text end new text begin (e) In addition to the court examiner appointed to report to the court on the defendant's
competency to proceed, new text end the court may appoint a court examiner to examine the defendant
and report to the court and parties as to whether the defendant lacks capacity to make
decisions regarding the administration of neuroleptic medication. If the deleted text begin patient deleted text end new text begin defendant new text end
refuses to participate in an examination, the court examiner may rely on the deleted text begin patient's deleted text end new text begin
defendant's new text end clinically relevant medical records in reaching an opinion.

deleted text begin (e) deleted text end new text begin (f) new text end The defendant is entitled to a second court examiner under this section, if requested
by the defendant.

Subd. 3.

Determination.

(a) The court shall deleted text begin consider opinions in the reports prepared
under subdivision 2 as applicable to the issue of deleted text end new text begin first determine new text end whether the defendant lacks
capacity to make decisions regarding the administration of neuroleptic medication deleted text begin and shall
proceed under paragraph (b) deleted text end . new text begin In making this determination, the court:
new text end

new text begin (1) must apply a rebuttable presumption that a defendant has the capacity to make
decisions regarding administration of neuroleptic medication;
new text end

new text begin (2) must find that a defendant has the capacity to make decisions regarding the
administration of neuroleptic medication if the defendant:
new text end

new text begin (i) has an awareness of the nature of the defendant's situation and the possible
consequences of refusing treatment with neuroleptic medications;
new text end

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

new text begin (iii) communicates verbally or nonverbally a clear choice regarding treatment with
neuroleptic medications that is a reasoned one not based on a symptom of the defendant's
mental illness, even though it may not be in the defendant's best interests; and
new text end

new text begin (3) must not conclude that a defendant's decision is unreasonable based solely on a
disagreement with the medical practitioner's recommendation.
new text end

(b) new text begin If the court determines that the defendant lacks capacity to make decisions regarding
the administration of neuroleptic medication, new text end the court shall hear and determine whether
any of the following is true:

(1) deleted text begin the defendant lacks capacity to make decisions regarding neuroleptic medication, as
defined in section 253B.092, subdivision 5, deleted text end the defendant's mental illness requires medical
treatment with neuroleptic medication, and, if the defendant's mental illness is not treated
with neuroleptic medication, it is probable that serious harm to the physical or mental health
of the deleted text begin patient deleted text end new text begin defendant new text end will result. Probability of serious harm to the physical or mental
health of the defendant requires evidence that the defendant is presently suffering adverse
effects to the defendant's physical or mental health, or the defendant has previously suffered
these effects as a result of a mental illness and the defendant's condition is substantially
deteriorating or likely to deteriorate without administration of neuroleptic medication. The
fact that a defendant has a diagnosis of a mental illness does not alone establish probability
of serious harm to the physical or mental health of the defendant;

(2) deleted text begin the defendant lacks capacity to make decisions regarding neuroleptic medication, as
defined in section 253B.092, subdivision 5, deleted text end neuroleptic medication is medically necessary,
and the defendant is a danger to others, in that the defendant has inflicted, attempted to
inflict, or made a serious threat of inflicting substantial bodily harm on another while in
custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of
inflicting substantial bodily harm on another that resulted in being taken into custody, and
the defendant presents, as a result of mental illness or cognitive impairment, a demonstrated
danger of inflicting substantial bodily harm on others. Demonstrated danger may be based
on an assessment of the defendant's present mental condition, including a consideration of
past behavior of the defendant and other relevant information; or

(3) deleted text begin the defendant lacks capacity to make decisions regarding neuroleptic medication, as
defined in section 253B.092, subdivision 5, and deleted text end new text begin the defendant does not meet the criteria
under clause (1) or (2), but new text end the state has shown by clear and convincing evidence that:

(i) the state has charged the defendant with a serious crime against the person or property;

(ii) involuntary administration of neuroleptic medication is substantially likely to render
the defendant competent to stand trial;

(iii) the medication is unlikely to have side effects that interfere with the defendant's
ability to understand the nature of the criminal proceedings or to assist counsel in the conduct
of a defense in a reasonable manner;

(iv) less intrusive treatments are unlikely to have substantially the same results and
involuntary medication is necessary; and

(v) neuroleptic medication is in the deleted text begin patient's deleted text end new text begin defendant's new text end best medical interest in light of
the deleted text begin patient's deleted text end new text begin defendant's new text end medical condition.

(c) deleted text begin In ruling on a petition under this section, the court shall also take into consideration
any evidence on deleted text end new text begin If the conditions described in paragraph (b), clause (1), (2), or (3), exist,
the court shall determine whether the following factors weigh in favor of authorizing the
involuntary administration of neuroleptic medication new text end :

(1) what the deleted text begin patient deleted text end new text begin defendant new text end would choose to do in the situation if the deleted text begin patient deleted text end new text begin defendant new text end
had capacity, including evidence such as a durable power of attorney for health care under
chapter 145C;

(2) the defendant's family, community, moral, religious, and social values;

(3) the medical risks, benefits, and alternatives to the proposed treatment;

(4) past efficacy and any extenuating circumstances of past use of neuroleptic
medications; and

(5) any other relevant factors.

deleted text begin (d) In determining whether the defendant possesses capacity to consent to neuroleptic
medications, the court:
deleted text end

deleted text begin (1) must apply a rebuttable presumption that a defendant has the capacity to make
decisions regarding administration of neuroleptic medication;
deleted text end

deleted text begin (2) must find that a defendant has the capacity to make decisions regarding the
administration of neuroleptic medication if the defendant:
deleted text end

deleted text begin (i) has an awareness of the nature of the defendant's situation and the possible
consequences of refusing treatment with neuroleptic medications;
deleted text end

deleted text begin (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits,
and alternatives; and
deleted text end

deleted text begin (iii) communicates verbally or nonverbally a clear choice regarding treatment with
neuroleptic medications that is a reasoned one not based on a symptom of the defendant's
mental illness, even though it may not be in the defendant's best interests; and
deleted text end

deleted text begin (3) must not conclude that a defendant's decision is unreasonable based solely on a
disagreement with the medical practitioner's recommendation.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end If deleted text begin consideration of the evidence presented on deleted text end the factors in paragraph (c) deleted text begin weighs deleted text end new text begin
weigh new text end in favor of authorizing involuntary administration of neuroleptic medication, deleted text begin and the
court finds any of the conditions described in paragraph (b) to be true, deleted text end the court shall issue
an order authorizing involuntary administration of neuroleptic medication to the defendant
when and as prescribed by the defendant's medical practitioner, including administration
by a treatment facility or correctional facility. The court order shall specify which medications
are authorized and may limit the maximum dosage of neuroleptic medication that may be
administered. The order shall be valid for no more than one year. An order may be renewed
by filing another petition under this section and following the process in this section. The
order shall terminate no later than the closure of the criminal case in which it is issued. deleted text begin The
court shall not order involuntary administration of neuroleptic medication under paragraph
(b), clause (3), unless the court has first found that the defendant does not meet the criteria
for involuntary administration of neuroleptic medication under paragraph (b), clause (1),
and does not meet the criteria under paragraph (b), clause (2).
deleted text end

(f) A copy of the order must be given to the defendant, the defendant's attorney, the
county attorney, and the treatment facility or correctional facility where the defendant is
being served. The treatment facility, correctional facility, or treating medical practitioner
may not begin administration of the neuroleptic medication until it notifies the deleted text begin patient deleted text end new text begin
defendant new text end of the court's order authorizing the treatment.

Subd. 4.

Emergency administration.

A treating medical practitioner may administer
neuroleptic medication to a defendant who does not have capacity to make a decision
regarding administration of the medication if the defendant is in an emergency situation.
Medication may be administered for so long as the emergency continues to exist, up to 14
days, if the treating medical practitioner determines that the medication is necessary to
prevent serious, immediate physical harm to the deleted text begin patient deleted text end new text begin defendant new text end or to others. If a request
for authorization to administer medication is made to the court within the 14 days, the
treating medical practitioner may continue the medication through the date of the first court
hearing, if the emergency continues to exist. The treating medical practitioner shall document
the emergency in the defendant's medical record in specific behavioral terms.

Subd. 5.

Administration without judicial review.

Neuroleptic medications may be
administered without judicial review under this subdivision if:

(1) the defendant has been prescribed neuroleptic medication prior to admission to a
facility or program, but lacks the present capacity to consent to the administration of that
neuroleptic medication; continued administration of the medication is in the deleted text begin patient's deleted text end new text begin
defendant's new text end best interest; and the defendant does not refuse administration of the medication.
In this situation, the previously prescribed neuroleptic medication may be continued for up
to 14 days while the treating medical practitioner is requesting a court order authorizing
administering neuroleptic medication or an amendment to a current court order authorizing
administration of neuroleptic medication. If the treating medical practitioner requests a court
order under this section within 14 days, the treating medical practitioner may continue
administering the medication to the deleted text begin patient deleted text end new text begin defendant new text end through the hearing date or until the
court otherwise issues an order; or

(2) the defendant does not have the present capacity to consent to the administration of
neuroleptic medication, but prepared a health care power of attorney or a health care directive
under chapter 145C requesting treatment or authorizing an agent or proxy to request
treatment, and the agent or proxy has requested the treatment.

Subd. 6.

Defendants with capacity to make informed decision.

If the court finds that
the defendant has the capacity to decide whether to take neuroleptic medication, a facility
or program may not administer medication without the deleted text begin patient's deleted text end new text begin defendant's new text end informed written
consent or without the declaration of an emergency, or until further review by the court.

Subd. 7.

Procedure when patient defendant refuses medication.

If physical force is
required to administer the neuroleptic medication, the facility or program may only use
injectable medications. If physical force is needed to administer the medication, medication
may only be administered in a setting where the deleted text begin person's deleted text end new text begin defendant's new text end condition can be
reassessed and medical personnel qualified to administer medication are available, including
in the community or a correctional facility. The facility or program may not use a nasogastric
tube to administer neuroleptic medication involuntarily.

Sec. 28.

Minnesota Statutes 2022, section 611.48, is amended to read:

611.48 REVIEW HEARINGS.

The prosecutor or defense counsel may apply to the court for a hearing to review the
defendant's competency deleted text begin restoration deleted text end new text begin attainment new text end programming. All parties are entitled to
notice before the hearing. The hearing shall be held no later than 30 days after the date of
the request, unless extended upon agreement of the prosecutor and defense counsel or by
the court for good cause.

Sec. 29.

Minnesota Statutes 2022, section 611.49, is amended to read:

611.49 LIKELIHOOD TO ATTAIN COMPETENCY.

Subdivision 1.

Applicability.

(a) The court may hold a hearing on its own initiative or
upon request of either party to determine whether the defendant is likely to attain competency
in the foreseeable future when the most recent court examiner's report states that the defendant
is unlikely to attain competency in the foreseeable future, and either:

(1) new text begin the new text end defendant has not deleted text begin been restored to competence deleted text end new text begin attained competency new text end after
participating and cooperating with court-ordered competency deleted text begin restoration deleted text end new text begin attainment new text end
programming for at least one year; or

(2) the defendant has not received timely competency deleted text begin restoration deleted text end new text begin attainment new text end services
under section 611.46 after one year.

(b) The court cannot find a defendant unlikely to attain competency based upon a
defendant's refusal to cooperate with or remain at a deleted text begin certified deleted text end competency program or
cooperate with an examination.

(c) The parties are entitled to 30 days of notice prior to the hearing and, unless the parties
agree to a longer time period, the court must determine within 30 days after the hearing
whether there is a substantial probability that the defendant will attain competency within
the foreseeable future.

new text begin (d) A party attempting to demonstrate that there is a substantial probability that the
defendant will attain competency within the foreseeable future must prove that probability
by a preponderance of the evidence.
new text end

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 deleted text begin restoration deleted text end new text begin attainment new text end 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.

deleted text begin (d) If a hearing is held under this subdivision and the criteria pursuant to subdivision 1,
paragraphs (a) and (b) are satisfied, a party attempting to demonstrate that there is a
substantial probability that the defendant will attain competency within the foreseeable
future must prove by a preponderance of the evidence.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end 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 deleted text begin 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); deleted text end 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.

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

Subd. 3.

Continued supervision.

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

(b) When continued supervision is ordered, the court must identify the supervisory
agency responsible for the supervision of the defendant deleted text begin , including but not limited to directing deleted text end new text begin
and may identify new text end a forensic navigator as the responsible entity.

(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 as to the defendant's competency and a description of the efforts
made to deleted text begin restore deleted text end new text begin assist new text end the defendant deleted text begin to deleted text end new text begin in attaining new text end competency. The court shall hold a review
hearing within 30 days of receipt of the report.

(d) If continued supervision 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. 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 of the defendant is a danger to public safety. Notwithstanding
subdivision 2, paragraph deleted text begin (e) deleted text end new text begin (d) new text end , the court may hear any motions to dismiss pursuant to the
interest of justice at the review hearing.

new text begin (e) Continued supervision 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).
new text end

deleted text begin (e) deleted text end new text begin (f) new text end The court may not order continued supervision new text begin of a defendant charged with a
felony new text end for more than ten years unless the defendant is charged with a violation of section
deleted text begin 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); deleted text end 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.

deleted text begin (f) deleted text end new text begin (g) new text end 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.

deleted text begin (g) deleted text end new text begin (h) new text end 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. 30.

Minnesota Statutes 2022, section 611.51, is amended to read:

611.51 CREDIT FOR CONFINEMENT.

If the defendant is convicted, any time spent confined in a deleted text begin secured deleted text end new text begin secure new text end setting while
being assessed deleted text begin and restored to deleted text end new text begin or receiving new text end competency new text begin attainment services new text end must be credited
as time served.

Sec. 31.

Minnesota Statutes 2022, section 611.55, is amended to read:

611.55 FORENSIC NAVIGATOR SERVICES.

Subdivision 1.

Definition.

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

Subd. 2.

Availability of forensic navigator services.

The board must provide or contract
for enough forensic navigator services to meet the needs of adult defendants in each judicial
district who are found incompetent to proceed.

Subd. 3.

Duties.

(a) new text begin Forensic navigators shall assist and supervise defendants when
appointed to do so by a court. new text end 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. deleted text begin Forensic
navigators shall be required to report compliance and noncompliance with pretrial supervision
and any orders of the court.
deleted text end

(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 deleted text begin restoration deleted text end new text begin attainment new text end
programs;

(4) providing competency deleted text begin restoration deleted text end new text begin attainment new text end education;

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

(6) providing coordinating services to help defendants access deleted text begin needed deleted text end mental health new text begin
services new text end , medical new text begin care new text end , new text begin stable new text end housing new text begin and housing assistance new text end , financial new text begin assistance new text end , social new text begin
services new text end , 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.

new text begin (c) When ordered to supervise a defendant, a forensic navigator shall report to the court
on a defendant's compliance or noncompliance with conditions of pretrial supervision and
any order of the court.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end 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.

Subd. 4.

Bridge plans.

(a) deleted text begin The deleted text end deleted text begin Forensic navigator must prepare bridge plans deleted text end new text begin A forensic
navigator must prepare a bridge plan new text end with the defendant and submit deleted text begin them deleted text end new text begin the bridge plan new text end
to the court. Bridge plans must be submitted before the time the court makes a competency
finding pursuant to section 611.45. deleted text begin The deleted text end new text begin A new text end bridge plan must include:

(1) a confirmed housing address the defendant will use upon release, including but not
limited to emergency shelters;

(2) if possible, the dates, times, locations, and contact information for any appointments
made to further coordinate support and assistance for the defendant in the community,
including but not limited to mental health and substance use disorder treatment, or a list of
referrals to services; and

(3) any other referrals, resources, or recommendations the forensic navigator or court
deems necessary.

(b) Bridge plans and any supporting records or other data submitted with those plans
are not accessible to the public.

Sec. 32.

Minnesota Statutes 2022, section 611.56, is amended to read:

611.56 STATE COMPETENCY deleted text begin RESTORATION deleted text end new text begin ATTAINMENT new text end BOARD.

Subdivision 1.

Establishment; membership.

(a) The State Competency deleted text begin Restoration deleted text end new text begin
Attainment new text end 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 deleted text begin restoration deleted text end new text begin attainment new text end .

(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 deleted text begin restoration deleted text end new text begin
attainment new text end 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.

Subd. 2.

Duties and responsibilities.

(a) The board shall create and administer a
statewide, independent competency deleted text begin restoration deleted text end new text begin attainment new text end system that certifies competency
deleted text begin restoration deleted text end new text begin attainment new text end programs and uses forensic navigators to promote prevention and
diversion of people with mental illnesses and cognitive impairments from entering the legal
system, support defendants with mental illness and cognitive impairments, support defendants
in the competency process, and assist courts and partners in coordinating competency
deleted text begin restoration deleted text end new text begin attainment new text end services.

(b) The board shall:

(1) approve and recommend to the legislature a budget for the board and the forensic
navigator program;

(2) establish procedures for distribution of funding under this section to the forensic
navigator program;

(3) establish forensic navigator standards, administrative policies, procedures, and rules
consistent with statute, rules of court, and laws that affect a forensic navigator's work;

(4) establish certification requirements for competency deleted text begin restoration deleted text end new text begin attainment new text end programs;
and

(5) carry out the programs under sections 611.57, 611.58, and 611.59.

(c) The board may:

(1) adopt standards, policies, or procedures necessary to ensure quality assistance for
defendants found incompetent to stand trial and charged with a felony, gross misdemeanor,
or targeted misdemeanor, or for defendants found incompetent to stand trial who have
recurring incidents;

(2) establish district forensic navigator offices as provided in subdivision 4; and

(3) propose statutory changes to the legislature and rule changes to the supreme court
that would facilitate the effective operation of the forensic navigator program.

Subd. 3.

Administrator.

The board shall appoint a program administrator who serves
at the pleasure of the board. The program administrator shall attend all meetings of the board
and the Certification Advisory Committee, but may not vote, and shall:

(1) carry out all administrative functions necessary for the efficient and effective operation
of the board and the program, including but not limited to hiring, supervising, and disciplining
program staff and forensic navigators;

(2) implement, as necessary, resolutions, standards, rules, regulations, and policies of
the board;

(3) keep the board fully advised as to its financial condition, and prepare and submit to
the board the annual program and budget and other financial information as requested by
the board;

(4) recommend to the board the adoption of rules and regulations necessary for the
efficient operation of the board and the program; and

(5) perform other duties prescribed by the board.

Subd. 4.

District offices.

The board may establish district forensic navigator offices in
counties, judicial districts, or other areas where the number of defendants receiving
competency deleted text begin restoration deleted text end new text begin attainment new text end services requires more than one full-time forensic
navigator and establishment of an office is fiscally responsible and in the best interest of
defendants found to be incompetent.

Subd. 5.

Administration.

The board may contract with the Office of State Court
Administrator for administrative support services for the fiscal years following fiscal year
2022.

Subd. 6.

Fees and costs; civil actions on contested case.

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

Subd. 7.

Access to records.

Access to records of the board is subject to the Rules of
Public Access for Records of the Judicial Branch. The board may propose amendments for
supreme court consideration.

Sec. 33.

Minnesota Statutes 2022, section 611.57, is amended to read:

611.57 CERTIFICATION ADVISORY COMMITTEE.

Subdivision 1.

Establishment.

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

Subd. 2.

Membership.

(a) The Certification Advisory Committee consists of the
following members:

(1) a mental health professional, as defined in section 245I.02, subdivision 27, with
community behavioral health experience, appointed by the governor;

(2) a board-certified forensic psychiatrist with experience in competency evaluations,
providing competency deleted text begin restoration deleted text end new text begin attainment new text end services, or both, appointed by the governor;

(3) a board-certified forensic psychologist with experience in competency evaluations,
providing competency deleted text begin restoration deleted text end new text begin attainment new text end services, or both, appointed by the governor;

(4) the president of the Minnesota Corrections Association or a designee;

(5) the direct care and treatment deputy commissioner or a designee;

(6) the president of the Minnesota Association of County Social Service Administrators
or a designee;

(7) the president of the Minnesota Association of Community Mental Health Providers
or a designee;

(8) the president of the Minnesota Sheriffs' Association or a designee; and

(9) the executive director of the National Alliance on Mental Illness Minnesota or a
designee.

(b) Members of the advisory committee serve without compensation and at the pleasure
of the appointing authority. Vacancies shall be filled by the appointing authority consistent
with the qualifications of the vacating member required by this subdivision.

Subd. 3.

Meetings.

At its first meeting, the advisory committee shall elect a chair and
may elect a vice-chair. The advisory committee shall meet at least monthly or upon the call
the chair. The advisory committee shall meet sufficiently enough to accomplish the tasks
identified in this section.

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 State Competency deleted text begin Restoration deleted text end new text begin Attainment new text end Board regarding
competency deleted text begin restoration deleted text end new text begin attainment new text end curriculum, certification requirements for competency
deleted text begin restoration deleted text end new text begin attainment new text end programs including jail-based programs, and certification of individuals
to provide competency deleted text begin restoration deleted text end new text begin attainment new text end services; and provide information and
recommendations on other issues relevant to competency deleted text begin restoration deleted text end new text begin attainment new text end as requested
by the board.

Sec. 34.

Minnesota Statutes 2022, section 611.58, is amended to read:

611.58 COMPETENCY deleted text begin RESTORATION deleted text end new text begin ATTAINMENT new text end CURRICULUM AND
CERTIFICATION.

Subdivision 1.

Curriculum.

(a) By January 1, 2023, the board must recommend a
competency deleted text begin restoration deleted text end new text begin attainment new text end curriculum to educate and assist defendants found
incompetent in attaining the ability to:

(1) rationally consult with counsel;

(2) understand the proceedings; and

(3) participate in the defense.

(b) The curriculum must be flexible enough to be delivered in community and correctional
settings by individuals with various levels of education and qualifications, including but
not limited to professionals in criminal justice, health care, mental health care, and social
services. The board must review and update the curriculum as needed.

Subd. 2.

Certification and distribution.

By January 1, 2023, the board must develop
a process for certifying individuals to deliver the competency deleted text begin restoration deleted text end new text begin attainment new text end
curriculum and make the curriculum available to every deleted text begin certified deleted text end competency deleted text begin restoration deleted text end new text begin
attainment new text end program and forensic navigator in the state. Each competency deleted text begin restoration deleted text end new text begin
attainment new text end program in the state must use the competency deleted text begin restoration deleted text end new text begin attainment new text end curriculum
under this section as the foundation for delivering competency deleted text begin restoration deleted text end new text begin attainment new text end
education and must not substantially alter the content.

Sec. 35.

Minnesota Statutes 2022, section 611.59, is amended to read:

611.59 COMPETENCY deleted text begin RESTORATION deleted text end new text begin ATTAINMENT new text end PROGRAMS.

Subdivision 1.

Availability and certification.

The board must provide or contract for
enough competency deleted text begin restoration deleted text end new text begin attainment new text end 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 deleted text begin restoration deleted text end new text begin attainment new text end 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 deleted text begin restoration deleted text end new text begin attainment new text end
programs. The board shall maintain a list of new text begin programs it has new text end certified deleted text begin competency restoration
programs deleted text end on the board's website deleted text begin to be updated deleted text end new text begin and shall update the list of competency
attainment programs new text end at least once every year.

Subd. 2.

Competency deleted text begin restoration deleted text end new text begin attainment new text end provider standards.

Except for jail-based
programs, a competency deleted text begin restoration deleted text end new text begin attainment new text end provider must:

(1) be able to provide the appropriate mental health or substance use disorder treatment
ordered by the court, including but not limited to treatment in inpatient, residential, and
home-based settings;

(2) ensure that competency deleted text begin restoration deleted text end new text begin attainment new text end education certified by the board is
provided to defendants and that regular assessments of defendants' progress in attaining
competency are documented;

(3) designate a head of the program knowledgeable in the processes and requirements
of the competency to stand trial procedures; and

(4) develop staff procedures or designate a person responsible to ensure timely
communication with the court system.

Subd. 3.

Jail-based competency deleted text begin restoration deleted text end new text begin attainment new text end standards.

Jail-based
competency deleted text begin restoration deleted text end new text begin attainment new text end programs must be housed in correctional facilities licensed
by the Department of Corrections under section 241.021 and must:

(1) have a designated program director who meets minimum qualification standards set
by the board, including understanding the requirements of competency to stand trial
procedures;

(2) provide minimum mental health services including:

(i) new text begin having new text end multidisciplinary staff sufficient to monitor defendants and provide timely
assessments, treatment, and referrals as needed, including at least one medical professional
licensed to prescribe psychiatric medication;

(ii) prescribing, dispensing, and administering any medication deemed clinically
appropriate by qualified medical professionals; and

(iii) new text begin having new text end policies and procedures for the administration of involuntary medication;

(3) ensure that competency deleted text begin restoration deleted text end new text begin attainment new text end education certified by the board is
provided to defendants and regular assessments of defendants' progress in attaining
competency to stand trial are documented;

(4) develop staff procedures or designate a person responsible to ensure timely
communication with the court system; and

(5) designate a space in the correctional facility for the program.

Subd. 4.

Program evaluations.

(a) The board shall collect 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 and whether a forensic navigator was assigned to the case.

(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 deleted text begin restoration deleted text end new text begin attainment new text end .

Sec. 36.

Laws 2022, chapter 99, article 3, section 1, is amended to read:

Section 1. APPROPRIATION BASE ESTABLISHED; COMPETENCY
deleted text begin RESTORATION deleted text end new text begin ATTAINMENT new text end .

Subdivision 1.

Department of Corrections.

The general fund appropriation base for
the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year
2025 for correctional facilities inspectors.

Subd. 2.

District courts.

The general fund appropriation base for the district courts is
$5,042,000 in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs associated with
additional competency examination costs.

Subd. 3.

State Competency deleted text begin Restoration deleted text end new text begin Attainment new text end Board.

The general fund
appropriation base for the State Competency deleted text begin Restoration deleted text end new text begin Attainment new text end Board is $11,350,000
in fiscal year 2024 and $10,900,000 in fiscal year 2025 for staffing and other costs needed
to establish and perform the duties of the State Competency deleted text begin Restoration deleted text end new text begin Attainment new text end Board,
including providing educational services necessary to deleted text begin restore defendants to deleted text end new text begin assist defendants
in attaining new text end competency, or contracting or partnering with other organizations to provide
those services.

Sec. 37. new text begin COMPETENCY ATTAINMENT BOARD; ESTABLISHMENT;
APPROPRIATION.
new text end

new text begin $250,000 in fiscal year 2023 is appropriated from the general fund to the State
Competency Attainment Board to establish the board, hire an administrator and any other
necessary staff, establish appropriate standards and requirements for a forensic navigator
program, and establish certifications requirements and procedures for competency attainment
curriculum and programs. This is a onetime appropriation.
new text end

Sec. 38. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end