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Minnesota Legislature

Office of the Revisor of Statutes

SF 2012

as introduced - 91st Legislature (2019 - 2020) Posted on 04/01/2019 03:59pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; establishing the Community Competency Restoration
Task Force; requiring reports; appropriating money.

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

Section 1. new text beginCOMMUNITY COMPETENCY RESTORATION TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Community Competency Restoration Task
Force is established to evaluate and study community competency restoration programs and
develop recommendations to address the needs of individuals deemed incompetent to stand
trial.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Community Competency Restoration Task Force consists
of the following members, appointed as follows:
new text end

new text begin (1) a representative appointed by the governor's office;
new text end

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

new text begin (3) the commissioner of corrections or designee;
new text end

new text begin (4) a representative from direct care and treatment services with experience in competency
evaluations, appointed by the commissioner of human services;
new text end

new text begin (5) a representative appointed by the designated State Protection and Advocacy system;
new text end

new text begin (6) the ombudsman for mental health and developmental disabilities;
new text end

new text begin (7) a representative appointed by the Minnesota Hospital Association;
new text end

new text begin (8) a representative appointed by the Association of Minnesota Counties;
new text end

new text begin (9) two representatives appointed by the Minnesota Association of County Social Service
Administrators: one from the seven-county metropolitan area, as defined under Minnesota
Statutes, section 473.121, subdivision 2, and one from outside the seven-county metropolitan
area;
new text end

new text begin (10) a representative appointed by the Board of Public Defense;
new text end

new text begin (11) a representative appointed by the Minnesota County Attorney Association;
new text end

new text begin (12) a representative appointed by the Chiefs of Police;
new text end

new text begin (13) a representative appointed by the Minnesota Psychiatric Society;
new text end

new text begin (14) a representative appointed by the Minnesota Psychological Association;
new text end

new text begin (15) a representative appointed by the State Court Administrator;
new text end

new text begin (16) a representative appointed by the Minnesota Association of Community Mental
Health Programs;
new text end

new text begin (17) a representative appointed by the Minnesota Sheriff's Association;
new text end

new text begin (18) a representative appointed by the Sentencing Commission;
new text end

new text begin (19) a jail administrator appointed by the commissioner of corrections;
new text end

new text begin (20) a representative from an organization providing reentry services appointed by the
commissioner of corrections;
new text end

new text begin (21) a representative from a mental health advocacy organization appointed by the
commissioner of human services;
new text end

new text begin (22) a person with direct experience with competency restoration appointed by the
commissioner of human services;
new text end

new text begin (23) representatives from organizations representing racial and ethnic groups
overrepresented in the justice system appointed by the commissioner of corrections; and
new text end

new text begin (24) a crime victim appointed by the commissioner of corrections.
new text end

new text begin (b) Appointments to the task force must be made no later than July 15, 2019, and members
of the task force may be compensated as provided under Minnesota Statutes, section 15.059,
subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must:
new text end

new text begin (1) identify current services and resources available for individuals in the criminal justice
system who have been found incompetent to stand trial;
new text end

new text begin (2) analyze current trends of competency referrals by county and the impact of any
diversion projects or stepping-up initiatives;
new text end

new text begin (3) analyze selected case reviews and other data to identify risk levels of those individuals,
service usage, housing status, and health insurance status prior to being jailed;
new text end

new text begin (4) research how other states address this issue, including funding and structure of
community competency restoration programs, and jail-based programs; and
new text end

new text begin (5) develop recommendations to address the growing number of individuals deemed
incompetent to stand trial including increasing prevention and diversion efforts, providing
a timely process for reducing the amount of time individuals remain in the criminal justice
system, determining how to provide and fund competency restoration services in the
community, and defining the role of the counties and state in providing competency
restoration.
new text end

new text begin Subd. 4. new text end

new text begin Officers; meetings. new text end

new text begin (a) The commissioner of human services shall convene
the first meeting of the task force no later than August 1, 2019.
new text end

new text begin (b) The task force must elect a chair and vice-chair from among its members and may
elect other officers as necessary.
new text end

new text begin (c) The task force is subject to the Minnesota Open Meeting Law under Minnesota
Statutes, chapter 13D.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin (a) The commissioner of human services must provide staff assistance
to support the task force's work.
new text end

new text begin (b) The task force may utilize the expertise of the Council of State Governments Justice
Center.
new text end

new text begin Subd. 6. new text end

new text begin Report required. new text end

new text begin (a) By February 1, 2020, the task force shall submit a report
on its progress and findings to the chairs and ranking minority members of the legislative
committees with jurisdiction over mental health and corrections.
new text end

new text begin (b) By February 1, 2021, the task force must submit a written report including
recommendations to address the growing number of individuals deemed incompetent to
stand trial to the chairs and ranking minority members of the legislative committees with
jurisdiction over mental health and corrections.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report in subdivision
6, paragraph (b), or February 1, 2021, whichever is later.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year .... is appropriated from the general fund to the commissioner of
human services to implement the duties of the task force under section 1.
new text end