HF 2725

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/30/2022 01:05pm

A bill for an act
relating to judiciary; establishing a statutory procedure to assess the competency
of a defendant to stand trial; providing for contested hearings; establishing
continuing supervision for certain defendants found incompetent to stand trial;
establishing requirements to restore certain defendants to competency; providing
for jail-based competency restoration programs; establishing forensic navigators;
requiring forensic navigators to provide services to certain defendants; establishing
dismissal plans for certain defendants found incompetent to stand trial; establishing
a planning and implementation committee; appropriating money; amending
Minnesota Statutes 2020, sections 253B.07, subdivision 2a; 253B.10, subdivision
1; 480.182; proposing coding for new law in Minnesota Statutes, chapter 611.

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

ARTICLE 1

COMPETENCY TO STAND TRIAL

Section 1.

new text begin [611.40] APPLICABILITY.
new text end

new text begin Notwithstanding Rules of Criminal Procedure, rule 20.01, sections 611.40 to 611.58
shall govern the proceedings for adults when competency to stand trial is at issue. This
section does not apply to juvenile courts. A competency examination ordered under Rules
of Criminal Procedure, rule 20.04, must follow the procedure in section 611.43.
new text end

Sec. 2.

new text begin [611.41] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of sections 611.40 to 611.58, the following
terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Alternative program. new text end

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

new text begin Subd. 3. new text end

new text begin Cognitive impairment. new text end

new text begin "Cognitive impairment" means a condition that impairs
a person's memory, perception, communication, learning, or other ability to think. Cognitive
impairment may be caused by any factor including traumatic, developmental, acquired,
infectious, and degenerative processes.
new text end

new text begin Subd. 4. new text end

new text begin Competency restoration program. new text end

new text begin "Competency restoration 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.
new text end

new text begin Subd. 5. new text end

new text begin Court examiner. new text end

new text begin "Court examiner" means a person appointed to serve the
court, and who is a physician or licensed psychologist who has a doctoral degree in
psychology.
new text end

new text begin Subd. 6. new text end

new text begin Head of the program. new text end

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

new text begin Subd. 7. new text end

new text begin Mental illness. new text end

new text begin "Mental illness" means an organic disorder of the brain or a
clinically significant disorder of thought, mood, perception, orientation, memory, or behavior
that is detailed in a diagnostic codes list published by the commissioner of human services,
and that seriously limits a person's capacity to function in primary aspects of daily living
such as personal relations, living arrangements, work, and recreation.
new text end

new text begin Subd. 8. new text end

new text begin Suspend the criminal proceedings. new text end

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

Sec. 3.

new text begin [611.42] COMPETENCY MOTION PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Competency to stand trial. new text end

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

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

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

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

new text begin Subd. 2. new text end

new text begin Waiver of counsel in competency proceedings. new text end

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

new text begin (1) knowingly, voluntarily, and intelligently waive the right to counsel;
new text end

new text begin (2) appreciate the consequences of proceeding without counsel;
new text end

new text begin (3) comprehend the nature of the charge;
new text end

new text begin (4) comprehend the nature of the proceedings;
new text end

new text begin (5) comprehend the possible punishment; or
new text end

new text begin (6) comprehend any other matters essential to understanding the case.
new text end

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

new text begin Subd. 3. new text end

new text begin Competency motion. new text end

new text begin (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.
new text end

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

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

new text begin (d) In misdemeanor cases, if the court determines there is a reasonable basis to doubt
the defendant's competence and there is probable cause for the charge, the court must suspend
the criminal proceedings and either order an examination of the defendant under section
611.43 or dismiss the case as provided in paragraph (e). The court shall dismiss a case unless
dismissal would be contrary to public interest. For purposes of this paragraph, public interest
includes determining whether a defendant has the ability to access housing, food, income,
disability verification, medications, and treatment for medical conditions, or otherwise
address any basic needs.
new text end

new text begin (e) If the court indicates an intent to dismiss a misdemeanor charge, the court shall direct
the forensic examiner to complete a dismissal plan as described in section 611.55, subdivision
3. The court may dismiss the charge upon receipt of the dismissal plan without holding a
hearing unless any party objects. The court must order that the dismissal plan be completed
and submitted:
new text end

new text begin (1) within 48 hours, excluding weekends and holidays, if the defendant is in custody;
or
new text end

new text begin (2) within ten days if the defendant is not in custody.
new text end

new text begin (f) If competency is at issue, the court may appoint advisory counsel under Rules of
Criminal Procedure, rule 5, for an unrepresented defendant for the proceedings under this
section.
new text end

new text begin Subd. 4. new text end

new text begin Dismissal, referrals for services, and collaboration. new text end

new text begin (a) Except as provided
in this subdivision, when the court determines there is a reasonable basis to doubt the
defendant's competence and orders an examination of the defendant, a forensic navigator
must complete a dismissal plan with the defendant as described in section 611.55, subdivision
3, submit the dismissal 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 end

new text begin (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.
new text end

new text begin (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 dismiss the charges and 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.
new text end

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

Sec. 4.

new text begin [611.43] COMPETENCY EXAMINATION AND REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Competency examination. new text end

new text begin (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 stand trial. A court
examiner may obtain from court administration and review the report of any prior or
subsequent examination under this section or under Rules of Criminal Procedure, rule 20.
new text end

new text begin (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 program or other suitable treatment facility until the
examination is completed.
new text end

new text begin (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.
new text end

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

new text begin Subd. 2. new text end

new text begin Report of examination. new text end

new text begin (a) The court-appointed examiner's written report shall
be filed with the court and served on the prosecutor and defense counsel by the court. The
report shall be filed no more than 30 days after the order for examination of a defendant in
custody. If the defendant is out of custody or confined in a noncorrectional 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.
new text end

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

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

new text begin (2) the defendant's competency to stand trial;
new text end

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

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

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

new text begin (6) the likelihood the defendant will attain competency in the reasonably foreseeable
future;
new text end

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

new text begin (8) whether the defendant poses a substantial risk to public safety.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Additional examination. new text end

new text begin If either the prosecutor or defense counsel intends
to retain an independent examiner, the party shall provide notice to the court and opposing
counsel no later than ten days after the date of receipt of the court-appointed 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.
new text end

new text begin Subd. 4. new text end

new text begin Admissibility of defendant's statements. new text end

new text begin When a defendant is examined under
this section, any statement made by the defendant for the purpose of the examination and
any evidence derived from the examination is admissible at the competence proceedings,
but not at the trial.
new text end

Sec. 5.

new text begin [611.44] CONTESTED HEARING PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Request for hearing. new text end

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

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Competency hearing. new text end

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

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Determination without hearing. new text end

new text begin If neither party files an objection, the court
shall determine the defendant's competency based on the reports of all examiners.
new text end

new text begin Subd. 4. new text end

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

new text begin The defendant is presumed incompetent unless
the court finds by a preponderance of the evidence that the defendant is competent.
new text end

Sec. 6.

new text begin [611.45] COMPETENCE FINDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Findings. new text end

new text begin (a) The court must rule on the defendant's competency to stand
trial no more than 14 days after the examiner's report is submitted to the court. If there is a
contested hearing, the court must rule no more than 30 days after the date of the hearing.
new text end

new text begin (b) If the court finds the defendant competent, the court shall enter an order and the
criminal proceedings shall resume.
new text end

new text begin (c) If the court finds the defendant incompetent, the court shall enter a written order and
suspend the criminal proceedings. The matter shall proceed under section 611.46.
new text end

new text begin Subd. 2. new text end

new text begin Appeal. new text end

new text begin The defense may appeal a competency determination to the court of
appeals. The appeal is governed by Rules of Criminal Procedure, rule 28. A verbatim record
shall be made in all competency proceedings.
new text end

new text begin Subd. 3. new text end

new text begin Dismissal of criminal charge. new text end

new text begin (a) If the court finds the defendant incompetent,
and the charge is a misdemeanor, the charge must be dismissed.
new text end

new text begin (b) In 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 regains competency.
If a notice has been filed and the defendant would be entitled to custody credit of at least
one year if convicted, gross misdemeanor charges must be dismissed one year after the date
of the finding of incompetency.
new text end

new text begin (c) In felony cases, except when the defendant is charged with murder, 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 regains competency.
new text end

Sec. 7.

new text begin [611.46] INCOMPETENT TO STAND TRIAL AND CONTINUING
SUPERVISION.
new text end

new text begin Subdivision 1. new text end

new text begin Order to competency restoration. new text end

new text begin (a) If the court finds the defendant
incompetent and the charges have not been dismissed, the court must determine the
least-restrictive competency restoration 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.
new text end

new text begin (b) After making the determination under paragraph (a), the court shall order the defendant
to participate in a competency restoration program if an appropriate program is available
and accessible to the defendant within a reasonable time. If an appropriate program is not
available or accessible, the court must proceed under subdivision 4.
new text end

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

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

new text begin (e) 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 five business days prior to any
planned discharge.
new text end

new text begin (f) A defendant under this section must not be ordered to a competency restoration
program or pretrial supervision for a cumulative number of days that exceeds the maximum
term provided by law for the offense with which the defendant was charged.
new text end

new text begin Subd. 2. new text end

new text begin Supervision. new text end

new text begin (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.
new text end

new text begin (b) If the court determines that the defendant requires pretrial supervision, the court may
appoint a willing entity to be responsible for supervising the defendant.
new text end

new text begin (c) Upon application by the prosecutor, the 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.
new text end

new text begin (d) If the court finds a violation, the court may revise the conditions of release. In addition
to the considerations required by the Rules of Criminal Procedure, when determining the
conditions of release, the court must consider whether a condition is likely to result in the
pretrial detention of the defendant and whether it is more probable than not that the detention
will interfere with the defendant attaining competency. The court shall impose the least
restrictive conditions of release that will provide ongoing access to a competency restoration
program or alternative program under this section.
new text end

new text begin (e) The court must review conditions of release 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.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility and procedures for jail-based competency restoration
programs. new text end

new text begin (a) A defendant is eligible to participate in a jail-based competency restoration
program if the defendant has been found incompetent, the defendant is not entitled to release,
and a court-appointed examiner has recommended jail-based competency restoration as the
least restrictive setting to meet the person's needs.
new text end

new text begin (b) If after 90 days of the order to a jail-based program the defendant has not attained
competency, the court must proceed under section 611.48 to determine if the defendant is
likely to attain competency in the reasonably foreseeable future.
new text end

new text begin (c) If after 90 days of the order to a jail-based program the defendant has not attained
competency and the court finds the defendant is likely to attain competency in the reasonably
foreseeable future, the court must determine if a less restrictive competency restoration
program is available and appropriate to meet the needs of the defendant and public safety,
and may order the defendant to the program. If the court does not find an appropriate
program, the court must review the case with input from the prosecutor and defense counsel
and must dismiss the case or conditionally release the defendant.
new text end

new text begin (d) If a defendant is in custody and is ordered to a non-jail-based competency restoration
program, the court may order time-limited placement in a jail-based program until transfer,
if one is available within a reasonable distance to the county where the defendant is present.
new text end

new text begin (e) When the court orders time-limited placement in a jail-based competency restoration
program, the court's order must include a period of no more than 30 days by which the
defendant must be transferred. If the defendant cannot be transferred to the non-jail-based
competency restoration program in the ordered time, the court must dismiss the case or
conditionally release the defendant and proceed under subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Services unavailable. new text end

new text begin (a) After a finding of incompetence, the court must do
everything in its power to ensure that the defendant receives competency restoration services
in a timely manner.
new text end

new text begin (b) As soon as the court has reason to believe that no appropriate competency restoration
services will be available within a reasonable time, the court must consult a forensic navigator
to determine if there are available alternative programs that are likely to assist the defendant
in attaining competency and may order the defendant to participate in appropriate alternative
programs.
new text end

new text begin (c) The court must make every effort to assist the defendant in attaining competency in
the alternative program, including but not limited to providing competency restoration
education in the setting where the defendant is being served.
new text end

new text begin (d) If the defendant is entitled to release, the court must not order the defendant to a
jail-based competency restoration program unless the defendant is returned to custody for
violating conditions of release.
new text end

new text begin (e) At any time, the head of the alternative program may notify the court and recommend
that a court examiner provide an updated competency examination and report.
new text end

new text begin (f) The court may order the defendant to participate in alternative programs for up to 60
days after the finding of incompetency. The court may extend the 60-day period if, in
consultation with the forensic navigator and based on the most recent court examiner's
report, the court finds the defendant is receiving appropriate competency restoration services
in the alternative program.
new text end

new text begin (g) If after 60 days in the alternative program the defendant has not been restored to
competency and the court determines that no appropriate competency restoration programs
will be available within a reasonable time, the court must review the case with input from
the prosecutor and defense counsel and must:
new text end

new text begin (1) dismiss the case; or
new text end

new text begin (2) find the defendant unlikely to attain competency in the reasonably foreseeable future
and proceed under section 611.48.
new text end

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

new text begin (1) dismiss the case;
new text end

new text begin (2) conditionally release the defendant; or
new text end

new text begin (3) find the defendant unlikely to attain competency in the reasonably foreseeable future
and proceed under section 611.48.
new text end

new text begin Subd. 5. new text end

new text begin Reporting to the court. new text end

new text begin (a) The court examiner must provide an updated report
to the court at least once every six months as to the defendant's competency and a description
of the efforts made to restore the defendant to competency.
new text end

new text begin (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.
new text end

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

new text begin (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.
new text end

new text begin Subd. 6. new text end

new text begin Contested hearings. new text end

new text begin The prosecutor or defense counsel may request a hearing
on the court examiner's competency opinion by filing written objections to the competency
report no later than ten days after receiving the report. All parties are entitled to notice before
the hearing. If the hearing is held, it shall conform with the procedures of section 611.44.
new text end

new text begin Subd. 7. new text end

new text begin Competency determination. new text end

new text begin (a) The court must determine whether the
defendant is competent based on the updated report from the court examiner no more than
14 days after receiving the report.
new text end

new text begin (b) If the court finds the defendant competent, the court must enter an order and the
criminal proceedings shall resume.
new text end

new text begin (c) If the court finds the defendant incompetent, the court may order the defendant to
continue existing services, or in consultation with any resources available to the court,
determine the least restrictive competency restoration program appropriate to meet the
defendant's needs and order the defendant to participate unless:
new text end

new text begin (1) the criminal charges must be dismissed under section 611.45, subdivision 3; or
new text end

new text begin (2) the court finds the defendant unlikely to be restored to competency in the reasonably
foreseeable future.
new text end

Sec. 8.

new text begin [611.47] REVIEW HEARINGS.
new text end

new text begin The prosecutor or defense counsel may apply to the court for a hearing to review the
defendant's competency restoration 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.
new text end

Sec. 9.

new text begin [611.48] UNLIKELY TO ATTAIN COMPETENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The court may find a defendant unlikely to attain
competency in the reasonably foreseeable future when:
new text end

new text begin (1) the most recent court examiner's report states that the defendant is not likely to attain
competency in the reasonably foreseeable future;
new text end

new text begin (2) the defendant has not been restored to competency within one year of the finding of
incompetence; or
new text end

new text begin (3) the defendant has not received timely competency restoration services under section
611.46, subdivision 3 or 4.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin (a) The court must determine whether there is a substantial
probability that the defendant will attain competency within the reasonably foreseeable
future.
new text end

new text begin (b) If the court finds that there is a substantial probability that the defendant will attain
competency within the reasonably foreseeable future, the court shall rule the defendant
incompetent and proceed under section 611.46, subdivision 7.
new text end

new text begin (c) If the court finds that there is not a substantial probability the defendant will attain
competency within the reasonably foreseeable future, the court must:
new text end

new text begin (1) dismiss the case;
new text end

new text begin (2) dismiss the case and 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; or
new text end

new text begin (3) order the continued supervision of the defendant under subdivision 3.
new text end

new text begin (d) Any party may request a hearing by submitting a written objection to the
court-appointed examiner's report no more than ten days after the report is submitted. If a
hearing is held under this subdivision, there is a presumption that the defendant will not
attain competency within the reasonably foreseeable future. A party attempting to overcome
that presumption must prove by a preponderance of the evidence that there is a substantial
probability that restoration efforts will be successful within the reasonably foreseeable
future.
new text end

new text begin Subd. 3. new text end

new text begin Continued supervision. new text end

new text begin (a) The court may order continued supervision of a
defendant charged with a felony violation of section 518B.01, subdivision 14; 609.165;
609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221;
609.222; 609.223; 609.2231; 609.224; 609.2242; 609.2247; 609.228; 609.229; 609.2325;
609.233; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663;
609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 609.342; 609.343; 609.344;
609.345; 609.3451; 609.3458; 609.377; 609.3775; 609.378; 609.487; 609.498, subdivision
1; 609.561; 609.562; 609.563; 609.582, subdivision 1 or 2; 609.66, subdivision 1e; 609.687;
609.71; 609.713; 609.748, subdivision 6; 609.749; 609.855, subdivision 5; 624.713; or
629.75.
new text end

new text begin (b) Any party may request a hearing by submitting a written objection no more than ten
days after the order for continued supervision.
new text end

new text begin (c) Any time the court orders the continued supervision of a defendant under this
subdivision, the court shall clarify the willing entity or person responsible to the court for
the supervision of the defendant, including but not limited to directing an appointed forensic
navigator to be responsible for continued supervision.
new text end

new text begin (d) The court must determine the least-restrictive setting to meet the defendant's needs
and public safety. The court shall consider the recommendations of the most-recent court
examiner's report and consult with any resources available to the court.
new text end

new text begin (e) Notwithstanding the reporting requirements of section 611.46, subdivision 5, 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 restore the defendant to competence.
new text end

new text begin (f) If after one year of continued supervision under this section the court finds that there
is a substantial probability that the defendant will attain competency within the reasonably
foreseeable future, the court shall rule the defendant incompetent and proceed under section
611.46, subdivision 7.
new text end

new text begin (g) If after one year of continued supervision under this section the court finds that there
is not a substantial probability that the defendant will attain competency within the reasonably
foreseeable future, the court must consult the prosecutor and defense counsel and:
new text end

new text begin (1) dismiss the case; or
new text end

new text begin (2) order continuing supervision. If continued supervision is ordered under this clause,
the court must set a date when an updated competency examination and report must be
submitted to the court, at no time more than five years after the order for continuing
supervision.
new text end

new text begin (h) 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. At any time, the
head of the program may discharge a defendant from the program or facility. The head of
the program must notify the court, prosecutor, defense counsel, and the entity responsible
for supervision of the defendant five business days prior to any planned discharge.
new text end

new text begin (i) 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 reasonably foreseeable future.
new text end

Sec. 10.

new text begin [611.49] DEFENDANT'S PARTICIPATION AND CONDUCT OF
HEARINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Place of hearing. new text end

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

new text begin Subd. 2. new text end

new text begin Absence permitted. new text end

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

new text begin Subd. 3. new text end

new text begin Disruption of hearing. new text end

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

new text begin Subd. 4. new text end

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

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

Sec. 11.

new text begin [611.50] CREDIT FOR CONFINEMENT.
new text end

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

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2023, and applies to competency determinations initiated
on or after that date.
new text end

ARTICLE 2

COMPETENCY RESTORATION SERVICES

Section 1.

new text begin [611.55] FORENSIC NAVIGATOR SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Availability of forensic navigator services. new text end

new text begin The judicial branch 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 stand trial.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) Forensic navigators shall serve as an impartial party in all legal
matters relating to the defendant and 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.
new text end

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

new text begin (1) developing dismissal plans;
new text end

new text begin (2) assisting defendants in participating in court-ordered examinations and hearings;
new text end

new text begin (3) coordinating timely placement in court-ordered competency restoration programs;
new text end

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

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

new text begin (6) providing coordinating services to help defendants access needed mental health,
medical, housing, financial, social, transportation, precharge and pretrial diversion, and
other necessary services provided by other programs and community service providers;
new text end

new text begin (7) communicating with and offering supportive resources to defendants and family
members of defendants; and
new text end

new text begin (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 end

new text begin (c) 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.
new text end

new text begin Subd. 3. new text end

new text begin Dismissal plans. new text end

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

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

new text begin (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
new text end

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

new text begin (b) Dismissal plans and any supporting records or other data submitted with those plans
are not accessible to the public.
new text end

new text begin Subd. 4. new text end

new text begin Certification. new text end

new text begin (a) By July 1, 2023, the judicial branch and the Department of
Human Services must establish a certification and continuing education program for forensic
navigators, including a process for renewing certification and a regularly updated list of
certified forensic navigators.
new text end

new text begin (b) The program must include a training and education curriculum to certify mental
health professionals as defined in section 245.462, subdivision 18; mental health practitioners
as defined in section 245.462, subdivision 17; case management service providers as defined
in section 245.462, subdivision 4; and peer specialists as defined in section 256B.0615,
including the following topics:
new text end

new text begin (1) the criminal justice system, courts, and legal processes;
new text end

new text begin (2) competency to stand trial procedures and the not guilty by reason of mental illness
or cognitive impairment defense in Minnesota;
new text end

new text begin (3) the civil commitment process in Minnesota;
new text end

new text begin (4) housing options, supports, and assistance for people experiencing housing insecurity;
and
new text end

new text begin (5) implicit bias and cultural humility.
new text end

new text begin (c) The program must include training to deliver the competency restoration curriculum
certified by the judicial branch.
new text end

new text begin (d) The judicial branch and Department of Human Services may develop a certification
program for individuals who are not described in paragraph (b). The program shall include
those topics identified under paragraphs (b) and (c) and:
new text end

new text begin (1) the symptoms of mental illnesses, substance use disorders, and co-occurring disorders;
new text end

new text begin (2) the mental health system in Minnesota;
new text end

new text begin (3) the substance use disorder system in Minnesota;
new text end

new text begin (4) crisis intervention; and
new text end

new text begin (5) motivational interviewing.
new text end

Sec. 2.

new text begin [611.56] PLANNING AND IMPLEMENTATION.
new text end

new text begin Subdivision 1. new text end

new text begin Planning. new text end

new text begin (a) By September 1, 2022, the judicial branch shall establish
a planning committee to oversee the development and implementation of forensic navigator
programs in each judicial district.
new text end

new text begin (b) The planning committee must include:
new text end

new text begin (1) the chief justice or a designee;
new text end

new text begin (2) the commissioner of human services or a designee;
new text end

new text begin (3) the direct care and treatment deputy commissioner or a designee;
new text end

new text begin (4) the state court administrator or a designee;
new text end

new text begin (5) a county attorney selected by the Minnesota County Attorney's Association;
new text end

new text begin (6) the state public defender or a designee;
new text end

new text begin (7) the president of the Association of Minnesota Counties or a designee;
new text end

new text begin (8) the president of the Minnesota Association of County Social Service Administrators
or a designee;
new text end

new text begin (9) the president of the Minnesota Association of Community Mental Health Providers
or a designee;
new text end

new text begin (10) the president of the Minnesota Corrections Association or a designee;
new text end

new text begin (11) the president of the Minnesota Sheriffs' Association or a designee;
new text end

new text begin (12) at least one representative from a community organization representing victims of
crimes, selected by the chief justice; and
new text end

new text begin (13) the executive director of the National Alliance on Mental Illness Minnesota or a
designee.
new text end

new text begin (c) Forensic navigator programs shall be planned and designed to promote prevention
and diversion of people with mental illnesses and cognitive impairments from entering the
legal system, support defendants with mental illnesses and cognitive impairments, support
defendants in the competency process, and assist courts and partners in coordinating and
providing competency restoration services to defendants. The plan must include:
new text end

new text begin (1) procedures for hiring and training forensic navigators according to the standards of
section 611.55;
new text end

new text begin (2) policies and procedures for interagency partnerships, communication with defendants,
data privacy, and public safety; and
new text end

new text begin (3) policies and procedures for evaluating the program according to this section.
new text end

new text begin Subd. 2. new text end

new text begin Program evaluation. new text end

new text begin (a) Each judicial district shall collect the following data
and submit it annually to the state court administrator's office:
new text end

new text begin (1) the total number of competency examinations ordered in the judicial district separated
by county;
new text end

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

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

new text begin (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.
new text end

new text begin (b) The judicial branch must include a summary and analysis of the data collected under
this section in every annual report beginning in 2024.
new text end

new text begin (c) The state court administrator's office must include a summary and analysis of the
available data collected under this section in a report and submit it to the legislature by
January 1, 2025, including any recommendations for improving forensic navigator services
or competency to stand trial procedures.
new text end

Sec. 3.

new text begin [611.57] COMPETENCY RESTORATION CURRICULUM AND
CERTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Curriculum. new text end

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

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

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

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

new text begin (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 judicial branch must review and update the curriculum as needed.
new text end

new text begin Subd. 2. new text end

new text begin Certification and distribution. new text end

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

Sec. 4.

new text begin [611.58] COMPETENCY RESTORATION PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Certification. new text end

new text begin The judicial branch shall work with the Department of
Human Services, the Department of Health, and the Department of Corrections to develop
procedures to certify that the standards in this section are met, including procedures for
regular recertification of competency restoration programs. The judicial branch shall maintain
a list of certified competency restoration programs on the branch's website to be updated at
least once every year.
new text end

new text begin Subd. 2. new text end

new text begin Competency restoration provider standards. new text end

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

new text begin (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;
new text end

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

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

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

new text begin Subd. 3. new text end

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

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

new text begin (1) have a designated program director who meets minimum qualification standards set
by the judicial branch, including understanding the requirements of competency to stand
trial procedures;
new text end

new text begin (2) provide minimum mental health services including:
new text end

new text begin (i) 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;
new text end

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

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

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

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

new text begin (5) designate a space in the correctional facility for the program.
new text end

ARTICLE 3

CONFORMING CHANGES AND APPROPRIATIONS

Section 1.

Minnesota Statutes 2020, section 253B.07, subdivision 2a, is amended to read:

Subd. 2a.

Petition originating from criminal proceedings.

(a) If criminal charges are
pending against a defendant, the court shall order simultaneous competency and civil
commitment examinations in accordance with Minnesota Rules of Criminal Procedure, rule
20.04, when the following conditions are met:

(1) the prosecutor or defense counsel doubts the defendant's competency and a motion
is made challenging competency, or the court on its initiative raises the issue under new text begin section
611.42 or Rules of Criminal Procedure, new text end rule 20.01; and

(2) the prosecutor and defense counsel agree simultaneous examinations are appropriate.

No additional examination under subdivision 3 is required in a subsequent civil commitment
proceeding unless a second examination is requested by defense counsel appointed following
the filing of any petition for commitment.

(b) Only a court examiner may conduct an assessment as described in new text begin section 611.43 or new text end
Minnesota Rules of Criminal Procedure, rules 20.01, subdivision 4, and 20.02, subdivision
2.

(c) Where a county is ordered to consider civil commitment following a determination
of incompetency under new text begin section 611.45 or new text end Minnesota Rules of Criminal Procedure, rule
20.01, the county in which the criminal matter is pending is responsible to conduct prepetition
screening and, if statutory conditions for commitment are satisfied, to file the commitment
petition in that county. By agreement between county attorneys, prepetition screening and
filing the petition may be handled in the county of financial responsibility or the county
where the proposed patient is present.

(d) Following an acquittal of a person of a criminal charge under section 611.026, the
petition shall be filed by the county attorney of the county in which the acquittal took place
and the petition shall be filed with the court in which the acquittal took place, and that court
shall be the committing court for purposes of this chapter. When a petition is filed pursuant
to subdivision 2 with the court in which acquittal of a criminal charge took place, the court
shall assign the judge before whom the acquittal took place to hear the commitment
proceedings unless that judge is unavailable.

Sec. 2.

Minnesota Statutes 2020, section 253B.10, subdivision 1, is amended to read:

Subdivision 1.

Administrative requirements.

(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the treatment facility, state-operated treatment program, or community-based treatment
program. The warrant or order shall state that the patient meets the statutory criteria for
civil commitment.

(b) The commissioner shall prioritize patients being admitted from jail or a correctional
institution who are:

(1) ordered confined in a state-operated treatment program for an examination under
new text begin section 611.43 or new text end Minnesota Rules of Criminal Procedure, rules 20.01, subdivision 4,
paragraph (a), and 20.02, subdivision 2;

(2) under civil commitment for competency treatment and continuing supervision under new text begin
section 611.46 or new text end Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;

(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be
detained in a state-operated treatment program pending completion of the civil commitment
proceedings; or

(4) committed under this chapter to the commissioner after dismissal of the patient's
criminal charges.

Patients described in this paragraph must be admitted to a state-operated treatment program
within 48 hours. The commitment must be ordered by the court as provided in section
253B.09, subdivision 1, paragraph (d).

(c) Upon the arrival of a patient at the designated treatment facility, state-operated
treatment program, or community-based treatment program, the head of the facility or
program shall retain the duplicate of the warrant and endorse receipt upon the original
warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
be filed in the court of commitment. After arrival, the patient shall be under the control and
custody of the head of the facility or program.

(d) Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the court examiners, and the
prepetition report, and any medical and behavioral information available shall be provided
at the time of admission of a patient to the designated treatment facility or program to which
the patient is committed. Upon a patient's referral to the commissioner of human services
for admission pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment
facility, jail, or correctional facility that has provided care or supervision to the patient in
the previous two years shall, when requested by the treatment facility or commissioner,
provide copies of the patient's medical and behavioral records to the Department of Human
Services for purposes of preadmission planning. This information shall be provided by the
head of the treatment facility to treatment facility staff in a consistent and timely manner
and pursuant to all applicable laws.

Sec. 3.

Minnesota Statutes 2020, section 480.182, is amended to read:

480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.

Notwithstanding any law to the contrary, the state courts will pay for the following
court-related programs and costs:

(1) court interpreter program costs, including the costs of hiring court interpreters;

(2) guardian ad litem program and personnel costs;

(3) examination costs, not including hospitalization or treatment costs, for mental
commitments and related proceedings under chapter 253B;

(4) examination costs under new text begin chapter 611 or new text end rule 20 of the Rules of Criminal Procedure;

(5) in forma pauperis costs;

(6) costs for transcripts mandated by statute, except in appeal cases and postconviction
cases handled by the Board of Public Defense;

(7) jury program costs; and

(8) witness fees and mileage fees specified in sections 253B.23, subdivision 1; 260B.152,
subdivision 2; 260B.331, subdivision 3, clause (1); 260C.152, subdivision 2; 260C.331,
subdivision 3, clause (1); 357.24; 357.32; and 627.02.

Sec. 4. new text begin SUPREME COURT; APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Forensic navigator services. new text end

new text begin $....... in fiscal year 2023 is appropriated
from the general fund to the supreme court for forensic navigator services in each of the
ten judicial districts. The amount given to each district must be based on the population of
the district according to the most-recent United States census data. In distributing funds,
the judicial branch may also consider the specific needs of each district, including disparities
in current available resources, travel time and costs for forensic navigators in rural areas,
and video technology for remote hearings.
new text end

new text begin Subd. 2. new text end

new text begin Competency restoration programs. new text end

new text begin $....... in fiscal year 2023 is appropriated
from the general fund to the supreme court to establish competency restoration programs
in each of the ten judicial districts. The amount given to each district must be based on the
population of the district according to the most-recent United States census data. Competency
restoration programs must meet the requirements of Minnesota Statutes, section 611.58.
Judicial districts may contract to establish competency restoration programs, including but
not limited to contracting with counties, Adult Mental Health Initiative regions, hospitals,
mental health treatment providers, substance use disorder treatment providers, correctional
facilities, and community-based programs.
new text end