HF 2725

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 12:24pm

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 administration of medication; establishing forensic navigators; requiring forensic
navigators to provide services to certain defendants; establishing dismissal plans
for certain defendants found incompetent to stand trial; providing for jail-based
competency restoration programs; establishing the State Competency Restoration
Board and certification advisory committee; requiring a report; 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 611.59
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 Community-based treatment program. new text end

new text begin "Community-based treatment program"
means treatment and services provided at the community level, including but not limited
to community support services programs as defined in section 245.462, subdivision 6; day
treatment services as defined in section 245.462, subdivision 8; mental health crisis services
as defined in section 245.462, subdivision 14c; outpatient services as defined in section
245.462, subdivision 21; residential treatment services as defined in section 245.462,
subdivision 23; assertive community treatment services provided under section 256B.0622;
adult rehabilitation mental health services provided under section 256B.0623; home and
community-based waivers; and supportive housing. Community-based treatment program
does not include services provided by a state-operated treatment program.
new text end

new text begin Subd. 5. 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. 6. 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. 7. new text end

new text begin Defendant with recurring incidents. new text end

new text begin "Defendant with recurring incidents"
means an individual who has been charged by citation or complaint with ten or more
misdemeanor offenses within an eight-month period.
new text end

new text begin Subd. 8. new text end

new text begin Forensic navigator. new text end

new text begin "Forensic navigator" means a person who meets the
certification and continuing education requirements under section 611.55, subdivision 4,
and provides the services under section 611.55, subdivision 2.
new text end

new text begin Subd. 9. 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 community-based treatment program, treatment
facility, or state-operated treatment program.
new text end

new text begin Subd. 10. new text end

new text begin Jail-based program. new text end

new text begin "Jail-based program" means a competency restoration
program that operates within a correctional facility that meets the capacity standards
governing jail facilities and is licensed by the commissioner of corrections under section
241.021.
new text end

new text begin Subd. 11. new text end

new text begin Locked treatment facility. new text end

new text begin "Locked treatment facility" means a
community-based treatment program, treatment facility, or state-operated treatment program
that is locked and is licensed by the Department of Health or Department of Human Services.
new text end

new text begin Subd. 12. 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. 13. new text end

new text begin State-operated treatment program. new text end

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

new text begin Subd. 14. new text end

new text begin Supervisory agency. new text end

new text begin "Supervisory agency" means the entity responsible for
supervising adults in a county, including the Department of Corrections, county probation
officers, or a community corrections agency in a Community Corrections Act county, or
the designee of that entity.
new text end

new text begin Subd. 15. 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

new text begin Subd. 16. new text end

new text begin Targeted misdemeanor. new text end

new text begin "Targeted misdemeanor" has the meaning given in
section 299C.10, subdivision 1, paragraph (e).
new text end

new text begin Subd. 17. new text end

new text begin Treatment facility. new text end

new text begin "Treatment facility" means a non-state-operated hospital,
residential treatment provider, crisis residential withdrawal management center, or corporate
foster care home qualified to provide care and treatment for persons who have a mental
illness, developmental disability, or chemical dependency.
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, gross misdemeanor, and targeted 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, other than cases involving a targeted misdemeanor, 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
treatment programs, locked treatment facilities, state-operated treatment programs, treatment
facilities, 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 treatment facility, locked treatment facility, or a state-operated
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. 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.
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 court examiner's opinion is that the defendant is incompetent to proceed, the
report must include an opinion as to 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.
new text end

new text begin (e) 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 (f) 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 competency proceedings,
but not in the criminal proceedings.
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
at the competency hearing. 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] COMPETENCY 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 other than a targeted misdemeanor, the charge must be
dismissed.
new text end

new text begin (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 regains competency. If a notice has been filed and the charge is a targeted
misdemeanor, charges must be dismissed within 90 days after the finding of incompetency
or when the defendant would be entitled to custody credit of 90 days, whichever is earlier.
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 or when the defendant would be entitled
to custody credit of one year, whichever is earlier.
new text end

new text begin (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 regains competency. If a notice has been filed, charges must be dismissed within
five years after the finding of incompetency or when the defendant would be entitled to
custody credit equal to the maximum sentence for the crime with which the defendant is
charged, whichever is earlier.
new text end

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

new text begin (1) the court orders continuing supervision pursuant to section 611.49, subdivision 3;
or
new text end

new text begin (2) the defendant is charged with a violation of sections 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); 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).
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 shall order the defendant
to participate in a program to restore the defendant's competence. The court may order
participation in a competency restoration program provided outside of a jail, a jail-based
competency restoration 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 on the level of care and education required for
the defendant to attain competency.
new text end

new text begin (b) The court shall order the defendant to participate in a competency restoration program
that takes place outside of a jail unless such a program is unavailable or inaccessible to the
defendant within a reasonable time. If a competency restoration program that takes place
outside of a jail is unavailable or inaccessible, the court shall order the defendant to participate
in either a jail-based program or an alternative program as provided in subdivisions 4 and
5.
new text end

new text begin (c) The court may only order the defendant to participate in competency restoration at
a community-based treatment program, locked treatment facility, or treatment facility under
this section if the head of the program determines that admission is clinically appropriate
and consents to the defendant's admission. The court may only order the defendant to
participate in competency restoration at a state-operated treatment program 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.
new text end

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

new text begin (3) conditionally release the defendant, including but not limited to conditions that the
defendant participate in a competency restoration program when one becomes available
and accessible; or
new text end

new text begin (4) find the defendant unlikely to attain competency in the reasonably foreseeable future
and proceed under section 611.49.
new text end

new text begin (e) Upon the order to a competency restoration program or alternative 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 or alternative program. This
information shall be provided in a consistent and timely manner and pursuant to all applicable
laws.
new text end

new text begin (f) If at any time the defendant refuses to participate in a 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 (g) At any time, the head of the program may discharge the defendant from the program
or facility. The head of the program must notify the court, prosecutor, defense counsel, and
any entity responsible for the supervision of the defendant prior to any planned discharge.
Whenever possible, this notification shall be made five business days prior to the discharge.
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 shall
appoint a supervisory agency to conduct pretrial supervision and report violations to the
court. The supervisory agency shall be responsible for the supervision of the defendant until
ordered otherwise by the court.
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 and bail 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 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.
new text end

new text begin Subd. 3. new text end

new text begin Certified competency restoration programs; procedure. new text end

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

new text begin (b) If the court finds that the defendant is incompetent at a review hearing held after the
initial determination of competency, the court may order the defendant to continue
participation in a competency restoration program as follows:
new text end

new text begin (1) if the defendant is not being held in a locked treatment facility and:
new text end

new text begin (i) the highest underlying charge is a targeted misdemeanor, for up to one year from the
date the defendant was ordered to participate in a competency restoration program;
new text end

new text begin (ii) the highest underlying charge is a gross misdemeanor, for up to two years from the
date the defendant was ordered to participate in a competency restoration program; or
new text end

new text begin (iii) the highest underlying charge is a felony, for up to five years from the date the
defendant was ordered to participate in a competency restoration program; and
new text end

new text begin (2) if the defendant is being held in a locked treatment facility solely due to the order to
participate in a certified competency restoration program and:
new text end

new text begin (i) the highest underlying charge is a targeted misdemeanor, for a number of days that
does not result in the defendant being held for more than 90 days in a locked treatment
facility in connection with the underlying criminal charge and competency proceeding;
new text end

new text begin (ii) the highest underlying charge is a gross misdemeanor, for up to 180 additional days
provided the cumulative number of days does not result in the defendant being held for
more than 365 days in a locked treatment facility in connection with the underlying criminal
charge and competency proceeding; or
new text end

new text begin (iii) the highest underlying charge is a felony, for up to 180 additional days.
new text end

new text begin (c) The head of the program may recommend that a court examiner provide an updated
competency examination and report to the court at any time.
new text end

new text begin (d) If the defendant has not attained competency within the time periods described in
paragraph (b), the court shall dismiss the criminal charges or proceed pursuant to section
611.49. Nothing in this section prohibits the court from determining that a defendant is
unlikely to attain competency at any other time.
new text end

new text begin Subd. 4. new text end

new text begin Jail-based competency restoration programs; procedure. 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 has not met the conditions of release, including
posting bail, ordered pursuant to rule 6.02 of the Rules of Criminal Procedure; 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) A defendant may not be ordered to participate in a jail-based competency restoration
program for more than 90 days. If after 90 days of the order to a jail-based program the
defendant has not attained competency, the court must proceed under section 611.49 to
determine if the defendant is likely to attain competency in the reasonably foreseeable future.
If the court finds the defendant is likely to attain competency in the reasonably foreseeable
future, the court must determine if a competency restoration program that takes place outside
of a jail is available and appropriate to meet the needs of the defendant and public safety,
and may order the defendant to participate in 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 with
conditions that include but are not limited to a requirement that the defendant participate
in a competency restoration program that takes place outside of a jail when one is available
and appropriate.
new text end

new text begin (c) Nothing in this section prohibits transitioning a defendant to a competency restoration
program that takes place outside of a jail if the transition is appropriate or the defendant
satisfies the conditions of release or bail.
new text end

new text begin (d) If a defendant is in custody and is ordered to a competency restoration program that
takes place outside of a jail, the court may order time-limited placement in a jail-based
program until transfer, if a jail-based program 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 certified
competency restoration program that takes place outside of a jail in the ordered time, the
court shall determine whether to continue the defendant in the program or conditionally
release the defendant and proceed under subdivision 5. If the defendant is transitioned to a
competency restoration program that takes place outside of a jail or an alternative program,
the provisions of subdivision 2 shall apply.
new text end

new text begin Subd. 5. new text end

new text begin Alternative programs; procedure. new text end

new text begin (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 certified competency restoration program outside of a jail is not
available.
new text end

new text begin (b) As soon as the court has reason to believe that no competency restoration program
that takes place outside of a jail 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) If at any time while the defendant is participating in an alternative program the court
or the forensic navigator determines that an appropriate competency restoration program
that takes place outside of a jail will be available, the court must order the defendant to
participate and transfer the defendant as soon as possible unless the court determines that
the defendant is receiving appropriate competency restoration services in the alternative
program.
new text end

new text begin (d) If after 90 days of the order to an alternative program the defendant has not attained
competency, the court must proceed under section 611.49 to determine if the defendant is
likely to attain competency in the reasonably foreseeable future. If the court finds the
defendant is likely to attain competency in the reasonably foreseeable future, the court must
determine if a 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 continue the defendant in
the alternative program.
new text end

new text begin (e) If the defendant has not attained competency within 180 days from the date of the
initial order, the court shall dismiss the criminal charges or order the defendant to participate
in a competency restoration program pursuant to subdivision 2.
new text end

new text begin Subd. 6. 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. 7. 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. 8. 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 participating in a program as provided in this section or dismiss the criminal
charges.
new text end

Sec. 8.

new text begin [611.47] ADMINISTRATION OF MEDICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Motion. new text end

new text begin 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 end

new text begin Subd. 2. new text end

new text begin Certification report. new text end

new text begin (a) 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 shall certify in a report that the lack of capacity
exists and which conditions under subdivision 3 are applicable. The certification report shall
contain an assessment of the current mental status of the defendant and the opinion of the
treating medical practitioner that involuntary neuroleptic medication has become medically
necessary and appropriate under subdivision 3, paragraph (b), clause (1) or (2), or in the
patient's 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.
new text end

new text begin (b) A certification report made pursuant to this section shall include a description of the
neuroleptic medication proposed to be administered to the defendant 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.
new text end

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

new text begin (d) 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 patient refuses to participate in an
examination, the court examiner may rely on the patient's clinically relevant medical records
in reaching an opinion.
new text end

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

new text begin Subd. 3. new text end

new text begin Determination. new text end

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

new text begin (b) The court shall hear and determine whether any of the following is true:
new text end

new text begin (1) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
defined in section 253B.092, subdivision 5, 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 patient 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;
new text end

new text begin (2) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
defined in section 253B.092, subdivision 5, 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
new text end

new text begin (3) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
defined in section 253B.092, subdivision 5, and the state has shown by clear and convincing
evidence that:
new text end

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

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

new text begin (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;
new text end

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

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

new text begin (c) In ruling on a petition under this section, the court shall also take into consideration
any evidence on:
new text end

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

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

new text begin (3) the medical risks, benefits, and alternatives to the proposed treatment;
new text end

new text begin (4) past efficacy and any extenuating circumstances of past use of neuroleptic
medications; and
new text end

new text begin (5) any other relevant factors.
new text end

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

new text begin (1) must presume that a defendant has the capacity to make decisions regarding
administration of neuroleptic medication unless that presumption is overcome by sufficient
evidence to the contrary;
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

new text begin (e) If consideration of the evidence presented on the factors in paragraph (c) weighs in
favor of authorizing involuntary administration of neuroleptic medication, and the court
finds any of the conditions described in paragraph (b) to be true, 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. 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).
new text end

new text begin (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 patient of
the court's order authorizing the treatment.
new text end

new text begin Subd. 4. new text end

new text begin Emergency administration. new text end

new text begin 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 patient 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.
new text end

new text begin Subd. 5. new text end

new text begin Administration without judicial review. new text end

new text begin Neuroleptic medications may be
administered without judicial review under this subdivision if:
new text end

new text begin (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 patient's 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 patient through the hearing date or until the court otherwise issues an
order; or
new text end

new text begin (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.
new text end

new text begin Subd. 6. new text end

new text begin Defendants with capacity to make informed decision. new text end

new text begin 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 patient's informed written consent
or without the declaration of an emergency, or until further review by the court.
new text end

new text begin Subd. 7. new text end

new text begin Procedure when patient defendant refuses medication. new text end

new text begin 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 person's 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.
new text end

Sec. 9.

new text begin [611.48] 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. 10.

new text begin [611.49] UNLIKELY TO ATTAIN COMPETENCY.
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 find 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 either:
new text end

new text begin (1) dismiss the case unless the defendant is charged with a violation of section 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); 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);
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 who is a danger to public safety and is 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 on the issue of continued supervision 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 most appropriate setting that is not a jail or locked
treatment facility 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 competency.
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) if the defendant poses a danger to public safety, order continuing supervision.
new text end

new text begin (h) If the court orders continuing supervision under paragraph (g), the court must order
an annual review of the defendant's status, including ordering that an updated competency
examination and report be submitted to the court. At the annual review, the court must
determine if the defendant has attained competency, if there is a substantial probability that
the defendant will attain competency in the foreseeable future, and if the defendant poses
a danger to public safety. If the court finds the defendant competent, the court must enter
an order and the criminal proceedings shall resume. If the court finds that the defendant
poses a danger to public safety, the court may continue the supervision. If the court finds
that the defendant does not pose a danger to public safety, the court shall dismiss the charges.
The court may not order continued supervision for more than ten years after a finding that
a defendant is incompetent.
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. 11.

new text begin [611.50] 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 or state-operated treatment program, and approval by the court
and the treatment facility or state-operated treatment program, a hearing may be held at a
treatment facility or state-operated treatment program. 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. 12.

new text begin [611.51] 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. 13. 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 Definition. new text end

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

new text begin Subd. 2. new text end

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

new text begin 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 stand trial.
new text end

new text begin Subd. 3. 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. 4. 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

Sec. 2.

new text begin [611.56] STATE COMPETENCY RESTORATION BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) The State Competency Restoration
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:
new text end

new text begin (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
new text end

new text begin (2) four members appointed by the governor.
new text end

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

new text begin (c) All members must demonstrate an interest in maintaining a high quality, independent
forensic navigator program and a thorough process for certification of competency restoration
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.
new text end

new text begin Subd. 2. new text end

new text begin Duties and responsibilities. new text end

new text begin (a) The board shall create and administer a
statewide, independent competency restoration system that certifies competency restoration
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 restoration services.
new text end

new text begin (b) The board shall:
new text end

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

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

new text begin (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;
new text end

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

new text begin (5) carry out the programs under sections 611.57, 611.58, and 611.59.
new text end

new text begin (c) The board may:
new text end

new text begin (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;
new text end

new text begin (2) establish district forensic navigator offices as provided in subdivision 4; and
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Administrator. new text end

new text begin 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:
new text end

new text begin (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;
new text end

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

new text begin (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;
new text end

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

new text begin (5) perform other duties prescribed by the board.
new text end

new text begin Subd. 4. new text end

new text begin District offices. new text end

new text begin The board may establish district forensic navigator offices in
counties, judicial districts, or other areas where the number of defendants receiving
competency restoration 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.
new text end

new text begin Subd. 5. new text end

new text begin Administration. new text end

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

new text begin Subd. 6. new text end

new text begin Fees and costs; civil actions on contested case. new text end

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

Sec. 3.

new text begin [611.57] CERTIFICATION ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

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

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Certification Advisory Committee consists of the
following members:
new text end

new text begin (1) a mental health professional, as defined in section 245.462, subdivision 18, with
community behavioral health experience, appointed by the governor;
new text end

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

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

new text begin (4) a member of a human services board established pursuant to section 402.01, appointed
by the governor;
new text end

new text begin (5) the direct care and treatment deputy commissioner or a designee;
new text end

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

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

new text begin (8) the president of the Minnesota Sheriffs' Association or a designee; and
new text end

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

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin 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. Meetings of the advisory committee are subject to Minnesota
Statutes, chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

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

Sec. 4.

new text begin [611.58] 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 board 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 board 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 board 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. 5.

new text begin [611.59] 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 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 restoration programs. The
board shall maintain a list of certified competency restoration programs on the board'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 board 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 board, 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 board 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

new text begin Subd. 2. new text end

new text begin Program evaluations. new text end

new text begin (a) The board shall collect the following data:
new text end

new text begin (1) the total number of competency examinations ordered in each 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 each 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
each 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) 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 restoration.
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 STATE COMPETENCY RESTORATION BOARD; APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Operations. new text end

new text begin $....... in fiscal year 2023 is appropriated from the general
fund to the State Competency Restoration Board for staff and establishment of the office.
new text end

new text begin Subd. 2. new text end

new text begin Forensic navigators. new text end

new text begin $....... in fiscal year 2023 is appropriated from the general
fund to the State Competency Restoration Board for the costs associated with providing
forensic navigator services in each judicial district.
new text end

new text begin Subd. 3. new text end

new text begin Competency restoration programs and providers. new text end

new text begin $....... in fiscal year 2023
is appropriated from the general fund to the State Competency Restoration Board to establish
certification standards for competency restoration programs and providers in each of the
ten judicial districts.
new text end