SF 3347

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 06/22/2022 10:29am

A bill for an act
relating to judiciary; establishing forensic navigator services; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 611.

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

Section 1.

new text begin [611.41] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 611.41 to 611.43, the following terms have the meanings
given.
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new text begin (b) "Cognitive impairment" means any deficiency in the ability to think, perceive, reason,
or remember caused by injury, genetic condition, or brain abnormality.
new text end

new text begin (c) "Competency restoration program" means a structured program of clinical and
educational services that is 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 (d) "Forensic navigator" means a person who provides the services under section 611.42,
subdivision 2.
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new text begin (e) "Mental illness" means an organic disorder of the brain or a substantial psychiatric
disorder of thought, mood, perception, orientation, or memory.
new text end

Sec. 2.

new text begin [611.42] FORENSIC NAVIGATOR SERVICES.
new text end

new text begin Subdivision 1. new text end

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

new text begin Counties must provide or
contract for enough forensic navigator services to meet the needs of adult defendants in
each judicial district upon a motion regarding competency pursuant to Minnesota Rule of
Criminal Procedure 20.01.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) Forensic navigators shall 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 bridge plans under subdivision 3 of this section;
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new text begin (2) coordinating timely placement in court-ordered competency restoration programs;
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new text begin (3) providing competency restoration education;
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new text begin (4) reporting to the county on the progress of defendants in a competence restoration
program;
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new text begin (5) 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; and
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new text begin (6) communicating with and offering supportive resources to defendants and family
members of defendants.
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new text begin (b) As the accountable party over the defendant, forensic navigators must meet at least
quarterly with the defendant.
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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.
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new text begin Subd. 3. new text end

new text begin Bridge plans. new text end

new text begin (a) The forensic navigator must prepare bridge plans with the
defendant. The bridge plan must include:
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new text begin (1) a confirmed housing address the defendant will use, including but not limited to
emergency shelters;
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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
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new text begin (3) any other referrals, resources, or recommendations the forensic navigator deems
necessary.
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new text begin (b) Bridge plans and any supporting records or other data submitted with those plans
are not accessible to the public.
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new text begin Subd. 4. new text end

new text begin Funds. new text end

new text begin Each fiscal year, the commissioner of human services must distribute
the total amount appropriated for forensic navigator services under this section to counties
based upon their proportional share of persons deemed incompetent to stand trial and using
the forensic navigator services during the prior fiscal year.
new text end

Sec. 3.

new text begin [611.43] COMPETENCY RESTORATION CURRICULUM.
new text end

new text begin (a) By January 1, 2023, counties must choose a competency restoration curriculum to
educate and assist defendants receiving forensic navigator services to attain the ability to:
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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 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.
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Sec. 4. new text begin APPROPRIATION; FORENSIC NAVIGATORS.
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new text begin $2,000,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of human services for the costs associated with providing forensic navigator services under
Minnesota Statutes, section 611.42. The general fund base for this appropriation is $2,000,000
in fiscal year 2024 and $2,000,000 in fiscal year 2025.
new text end