Minnesota 2023-2024 Regular Session

Minnesota House Bill HF121 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to competency attainment; making certain technical changes; appropriating
3	3		1.3 money; amending Minnesota Statutes 2022, sections 611.41, subdivisions 2, 5, 6,
4	4		1.4 7, 8, 9, 10, 13, 14, 16, by adding a subdivision; 611.42, subdivisions 2, 3, 4; 611.43,
5	5		1.5 subdivisions 1, 2, 3; 611.44, subdivisions 1, 2; 611.45, subdivision 3; 611.46,
6	6		1.6 subdivisions 1, 2, 3, 4, 5, 6; 611.47; 611.48; 611.49; 611.51; 611.55; 611.56;
7	7		1.7 611.57; 611.58; 611.59; Laws 2022, chapter 99, article 3, section 1.
8	8		1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9	9		1.9 Section 1. Minnesota Statutes 2022, section 611.41, subdivision 2, is amended to read:
10	10		1.10 Subd. 2.Alternative program."Alternative program" means any mental health or
11	11		1.11substance use disorder treatment or program that is not a certified competency restoration
12	12		1.12attainment program but may assist a defendant in attaining competency.
13	13		1.13 Sec. 2. Minnesota Statutes 2022, section 611.41, is amended by adding a subdivision to
14	14		1.14read:
15	15		1.15 Subd. 4a.Competency."Competency" means the ability to understand criminal
16	16		1.16proceedings, consult with counsel, and participate in the defense.
17	17		1.17 Sec. 3. Minnesota Statutes 2022, section 611.41, subdivision 5, is amended to read:
18	18		1.18 Subd. 5.Competency restoration attainment program."Competency restoration
19	19		1.19attainment program" means a structured program of clinical and educational services that
20	20		1.20is certified and designed to identify and address barriers to a defendant's ability to understand
21	21		1.21the criminal proceedings, consult with counsel, and participate in the defense.
22	22		1Sec. 3.
23		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT
	23	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT
24	24		State of Minnesota
25	25		This Document can be made available
26	26		in alternative formats upon request
27	27		HOUSE OF REPRESENTATIVES
28	28		H. F. No. 121
29	29		NINETY-THIRD SESSION
30	30		Authored by Edelson, Moller, Fischer, Koznick and Novotny01/09/2023
31	31		The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
32	32		Adoption of Report: Re-referred to the Committee on Judiciary Finance and Civil Law01/23/2023
33		-	Adoption of Report: Amended and re-referred to the Committee on Ways and Means01/26/2023
34		-	Adoption of Report: Placed on the General Register02/01/2023
35		-	Read for the Second Time
36		-	Calendar for the Day02/06/2023
37		-	Read for the Third Time
38		-	Passed by the House and transmitted to the Senate 2.1 Sec. 4. Minnesota Statutes 2022, section 611.41, subdivision 6, is amended to read:
	33	+	Adoption of Report: Amended and re-referred to the Committee on Ways and Means01/26/2023 2.1 Sec. 4. Minnesota Statutes 2022, section 611.41, subdivision 6, is amended to read:
39	34		2.2 Subd. 6.Competency restoration attainment services."Competency restoration
40	35		2.3attainment services" means education provided by certified individuals to for defendants
41	36		2.4found incompetent to proceed provided by certified individuals using the approved curriculum
42	37		2.5to address barriers to a defendant's ability to understand the criminal proceedings, consult
43	38		2.6with counsel, and participate in the defense. Educational services must use the curriculum
44	39		2.7certified by the State Competency Restoration Board as the foundation for delivering
45	40		2.8competency restoration education. Competency restoration attainment services does not
46	41		2.9include housing assistance or programs, social services, or treatment that must be provided
47	42		2.10by a licensed professional including mental health treatment, substance use disorder
48	43		2.11treatment, or co-occurring disorders treatment.
49	44		2.12 Sec. 5. Minnesota Statutes 2022, section 611.41, subdivision 7, is amended to read:
50	45		2.13 Subd. 7.Court examiner."Court examiner" means a person appointed to serve the
51	46		2.14court, by examining a defendant whose competency is at issue and who is a physician or
52	47		2.15licensed psychologist who has a doctoral degree in psychology.
53	48		2.16 Sec. 6. Minnesota Statutes 2022, section 611.41, subdivision 8, is amended to read:
54	49		2.17 Subd. 8.Forensic navigator."Forensic navigator" means a person who meets the
55	50		2.18certification and continuing education requirements under section 611.56, subdivision 2,
56	51		2.19paragraph (b), clause (3), hired or contracted to facilitate competency attainment services,
57	52		2.20supervise certain defendants found to be incompetent, prepare bridge plans, and provides
58	53		2.21provide the other services under section 611.55, subdivision 3.
59	54		2.22 Sec. 7. Minnesota Statutes 2022, section 611.41, subdivision 9, is amended to read:
60	55		2.23 Subd. 9.Head of the program."Head of the program" means the head of the competency
61	56		2.24restoration attainment program or the head of the facility or program where the defendant
62	57		2.25is being served.
63	58		2.26 Sec. 8. Minnesota Statutes 2022, section 611.41, subdivision 10, is amended to read:
64	59		2.27 Subd. 10.Jail-based program."Jail-based program" means a competency restoration
65	60		2.28attainment program that operates within a correctional facility licensed by the commissioner
66	61		2.29of corrections under section 241.021 that meets the capacity standards governing jail facilities.
67	62		2.30A jail-based program may not be granted a variance to exceed its operational capacity.
68	63		2Sec. 8.
69		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 3.1 Sec. 9. Minnesota Statutes 2022, section 611.41, subdivision 13, is amended to read:
	64	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 3.1 Sec. 9. Minnesota Statutes 2022, section 611.41, subdivision 13, is amended to read:
70	65		3.2 Subd. 13.State-operated treatment program."State-operated treatment program"
71	66		3.3means any state-operated program, including community behavioral health hospitals hospital,
72	67		3.4crisis centers center, residential facilities facility, outpatient services service, and or other
73	68		3.5community-based services developed and program operated by the state and under the
74	69		3.6control of the commissioner of human services, for a person who has mental illness,
75	70		3.7developmental disability, or substance use disorder.
76	71		3.8 Sec. 10. Minnesota Statutes 2022, section 611.41, subdivision 14, is amended to read:
77	72		3.9 Subd. 14.Suspend the criminal proceedings."Suspend the criminal proceedings"
78	73		3.10means nothing can be heard or decided on to cease all hearings and decisions regarding the
79	74		3.11merits of the criminal charges except that but not terminate the jurisdiction of the court
80	75		3.12retains jurisdiction in all or prevent hearings or decisions in any other matters, including
81	76		3.13but not limited to establishing or modifying bail, conditions of release, probation conditions,
82	77		3.14no contact orders, and appointment of counsel.
83	78		3.15 Sec. 11. Minnesota Statutes 2022, section 611.41, subdivision 16, is amended to read:
84	79		3.16 Subd. 16.Treatment facility."Treatment facility" means a non-state-operated hospital,
85	80		3.17residential treatment provider, crisis residential withdrawal management center, or corporate
86	81		3.18foster care home that is not operated by the state and is qualified to provide care and treatment
87	82		3.19for persons who have mental illness, developmental disability, or substance use disorder.
88	83		3.20 Sec. 12. Minnesota Statutes 2022, section 611.42, subdivision 2, is amended to read:
89	84		3.21 Subd. 2.Waiver of counsel in competency proceedings.(a) A defendant must not be
90	85		3.22allowed to waive counsel if the defendant lacks ability to:
91	86		3.23 (1) knowingly, voluntarily, and intelligently waive the right to counsel;
92	87		3.24 (2) appreciate the consequences of proceeding without counsel;
93	88		3.25 (3) comprehend the nature of the charge;
94	89		3.26 (4) comprehend the nature of the proceedings;
95	90		3.27 (5) comprehend the possible punishment; or
96	91		3.28 (6) comprehend any other matters essential to understanding the case.
97	92		3.29 (b) The court must not proceed under this law section before a lawyer consults with the
98	93		3.30defendant and has an opportunity to be heard.
99	94		3Sec. 12.
100		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 4.1 Sec. 13. Minnesota Statutes 2022, section 611.42, subdivision 3, is amended to read:
	95	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 4.1 Sec. 13. Minnesota Statutes 2022, section 611.42, subdivision 3, is amended to read:
101	96		4.2 Subd. 3.Competency motion.(a) At any time, the prosecutor or defense counsel may
102	97		4.3make a motion challenging the defendant's competency, or the court on its initiative may
103	98		4.4raise the issue. The defendant's consent is not required to bring a competency motion. The
104	99		4.5motion shall be supported by specific facts but shall not include communications between
105	100		4.6the defendant and defense counsel if disclosure would violate attorney-client privilege. By
106	101		4.7bringing the motion, the defendant does not waive attorney-client privilege.
107	102		4.8 (b) If competency is at issue, the court shall appoint a forensic navigator to provide the
108	103		4.9forensic navigator services described in section 611.55 for the defendant, including
109	104		4.10development of a specific bridge plan to identify appropriate housing and services if the
110	105		4.11defendant is released from custody or any charges are dismissed.
111	106		4.12 (c) In felony, gross misdemeanor, and targeted misdemeanor cases, if the court determines
112	107		4.13there is a reasonable basis to doubt the defendant's competence competency and there is
113	108		4.14probable cause for the charge, the court must suspend the criminal proceedings and order
114	109		4.15an examination of the defendant under section 611.43.
115	110		4.16 (d) In misdemeanor cases, other than cases involving a targeted misdemeanor, if the
116	111		4.17court determines there is a reasonable basis to doubt the defendant's competence competency
117	112		4.18and there is probable cause for the charge, the court must suspend the criminal proceedings.
118	113		4.19The court may order an examination of the defendant under section 611.43 if the examination
119	114		4.20is in the public interest. For purposes of this paragraph, an examination is in the public
120	115		4.21interest when it is necessary to assess whether the defendant has a cognitive impairment or
121	116		4.22mental illness; determine whether a defendant has the ability to access housing, food, income,
122	117		4.23disability verification, medications, and treatment for medical conditions; or whether a
123	118		4.24defendant has the ability to otherwise address any basic needs. The court shall order the
124	119		4.25forensic navigator to complete a bridge plan as described in section 611.55, subdivision 4,
125	120		4.26and submit it to the court. The court may dismiss the charge upon receipt of the bridge plan
126	121		4.27without holding a hearing unless either party objects.
127	122		4.28 Sec. 14. Minnesota Statutes 2022, section 611.42, subdivision 4, is amended to read:
128	123		4.29 Subd. 4.Dismissal, referrals for services, and collaboration.(a) Except as provided
129	124		4.30in this subdivision, when the court determines there is a reasonable basis to doubt the a
130	125		4.31defendant's competence competency and orders an examination of the defendant, a forensic
131	126		4.32navigator must complete a bridge plan with the defendant as described in section 611.55,
132	127		4.33subdivision 4, submit the bridge plan to the court, and provide a written copy to the defendant
133	128		4.34before the court or prosecutor dismisses any charges based on a belief or finding that the
134	129		4Sec. 14.
135		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 5.1defendant is incompetent. The court may dismiss a case where the most serious charge is
	130	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 5.1defendant is incompetent. The court may dismiss a case where the most serious charge is
136	131		5.2a misdemeanor, other than a targeted misdemeanor, without holding a hearing unless either
137	132		5.3party objects.
138	133		5.4 (b) If for any reason a forensic navigator has not been appointed, the court must make
139	134		5.5every reasonable effort to coordinate with any resources available to the court and refer the
140	135		5.6defendant for possible assessment and social services, including but not limited to services
141	136		5.7for engagement under section 253B.041, before dismissing any charges based on a finding
142	137		5.8that the defendant is incompetent.
143	138		5.9 (c) If working with the forensic navigator or coordinating a referral to services would
144	139		5.10cause an unreasonable delay in the release of a defendant being held in custody, the court
145	140		5.11may release the defendant. If a defendant has not been engaged for assessment and referral
146	141		5.12before release, the court may coordinate with the forensic navigator or any resources available
147	142		5.13to the court to engage the defendant for up to 90 days after release.
148	143		5.14 (d) Courts may partner and collaborate with county social services, community-based
149	144		5.15programs, jails, and any other available resource available to the court to provide referrals
150	145		5.16to services when a defendant's competency is at issue or a defendant has been found
151	146		5.17incompetent to proceed.
152	147		5.18 (e) Counsel for the defendant may bring a motion to dismiss the proceedings in the
153	148		5.19interest of justice at any stage of the proceedings.
154	149		5.20 Sec. 15. Minnesota Statutes 2022, section 611.43, subdivision 1, is amended to read:
155	150		5.21 Subdivision 1.Competency examination.(a) If the court orders an examination pursuant
156	151		5.22to section 611.42, subdivision 3, the court shall appoint a court examiner to examine the
157	152		5.23defendant and report to the court on the defendant's competency to proceed. A court examiner
158	153		5.24may obtain from court administration and review the report of any prior or subsequent
159	154		5.25examination under this section or under Minnesota Rules of Criminal Procedure, rule 20.
160	155		5.26 (b) If the defendant is not entitled to release, the court shall order the defendant to
161	156		5.27participate in an examination where the defendant is being held, or the court may order that
162	157		5.28the defendant be confined in a treatment facility, locked treatment facility, or a state-operated
163	158		5.29treatment facility until the examination is completed.
164	159		5.30 (c) If the defendant is entitled to release, the court shall order the defendant to appear
165	160		5.31for an examination. If the defendant fails to appear at an examination, the court may amend
166	161		5.32the conditions of release and bail pursuant to Minnesota Rules of Criminal Procedure, rule
167	162		5.336.
168	163		5Sec. 15.
169		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 6.1 (d) A competency examination ordered under Minnesota Rules of Criminal Procedure,
	164	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 6.1 (d) A competency examination ordered under Minnesota Rules of Criminal Procedure,
170	165		6.2rule 20.04, shall proceed under subdivision 2 this section.
171	166		6.3 Sec. 16. Minnesota Statutes 2022, section 611.43, subdivision 2, is amended to read:
172	167		6.4 Subd. 2.Report of examination.(a) The court-appointed court examiner's written report
173	168		6.5shall be filed with the court and served on provided to the prosecutor and defense counsel
174	169		6.6by the court. The report shall be filed no more than 30 days after the order for examination
175	170		6.7of a defendant in custody unless extended by the court for good cause. If the defendant is
176	171		6.8out of custody or confined in a noncorrectional state-operated treatment program or treatment
177	172		6.9facility, the report shall be filed no more than 60 days after the order for examination, unless
178	173		6.10extended by the court for good cause. The report shall not include opinions concerning the
179	174		6.11defendant's mental condition at the time of the alleged offense or any statements made by
180	175		6.12the defendant regarding the alleged criminal conduct, unless necessary to support the
181	176		6.13examiner's opinion regarding competence or incompetence.
182	177		6.14 (b) The report shall include an evaluation of the defendant's mental health, cognition,
183	178		6.15and the factual basis for opinions about:
184	179		6.16 (1) any diagnoses made, and the results of any testing conducted with the defendant;
185	180		6.17 (2) the defendant's competency to stand trial;
186	181		6.18 (3) the level of care and education required for the defendant to attain, be restored to,
187	182		6.19or maintain competency;
188	183		6.20 (4) a recommendation of the least restrictive setting appropriate to meet the defendant's
189	184		6.21needs for restoration attaining competency and immediate safety;
190	185		6.22 (5) the impact of any substance use disorder on the defendant, including the defendant's
191	186		6.23competency, and any recommendations for treatment;
192	187		6.24 (6) the likelihood the defendant will attain competency in the reasonably foreseeable
193	188		6.25future;
194	189		6.26 (7) whether the defendant poses a substantial likelihood of physical harm to self or
195	190		6.27others; and
196	191		6.28 (8) if the court examiner's opinion is that the defendant is incompetent to proceed, the
197	192		6.29report must include an opinion as to whether the defendant possesses capacity to make
198	193		6.30decisions regarding neuroleptic medication unless the examiner is unable to render an
199	194		6.31opinion on capacity. If the examiner is unable to render an opinion on capacity, the report
200	195		6.32must document the reasons why the examiner is unable to render that opinion.
201	196		6Sec. 16.
202		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 7.1 (c) If the court examiner determines that the defendant presents an imminent risk of
	197	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 7.1 (c) If the court examiner determines that the defendant presents an imminent risk of
203	198		7.2serious danger to another, is imminently suicidal, or otherwise needs emergency intervention,
204	199		7.3the examiner must promptly notify the court, prosecutor, defense counsel, and those
205	200		7.4responsible for the care and custody of the defendant.
206	201		7.5 (d) If the defendant appears for the examination but does not participate, the court
207	202		7.6examiner shall submit a report and, if sufficient information is available, may render an
208	203		7.7opinion on competency and an opinion as to whether the unwillingness to participate resulted
209	204		7.8from a mental illness, cognitive impairment, or other factors.
210	205		7.9 (e) If the court examiner determines the defendant would benefit from services for
211	206		7.10engagement in mental health treatment under section 253B.041 or any other referral to
212	207		7.11social services, the court examiner may recommend referral of the defendant to services
213	208		7.12where available.
214	209		7.13 Sec. 17. Minnesota Statutes 2022, section 611.43, subdivision 3, is amended to read:
215	210		7.14 Subd. 3.Additional examination.If either the prosecutor or defense counsel intends
216	211		7.15to retain an independent examiner, the party shall provide notice to the court and opposing
217	212		7.16counsel no later than ten days after the date of receipt of the court-appointed court examiner's
218	213		7.17report. If an independent examiner is retained, the independent examiner's report shall be
219	214		7.18filed no more than 30 days after the date a party files notice of intent to retain an independent
220	215		7.19examiner, unless extended by the court for good cause.
221	216		7.20 Sec. 18. Minnesota Statutes 2022, section 611.44, subdivision 1, is amended to read:
222	217		7.21 Subdivision 1.Request for hearing.(a) The prosecutor or defense counsel may request
223	218		7.22a hearing on the court-appointed court examiner's competency report by filing a written
224	219		7.23objection no later than ten days after the report is filed.
225	220		7.24 (b) A hearing shall be held as soon as possible but no longer than 30 days after the
226	221		7.25request, unless extended by agreement of the prosecutor and defense counsel, or by the
227	222		7.26court for good cause.
228	223		7.27 (c) If an independent court examiner is retained, the hearing may be continued up to 14
229	224		7.28days after the date the independent court examiner's report is filed. The court may continue
230	225		7.29the hearing for good cause.
231	226		7Sec. 18.
232		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 8.1 Sec. 19. Minnesota Statutes 2022, section 611.44, subdivision 2, is amended to read:
	227	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 8.1 Sec. 19. Minnesota Statutes 2022, section 611.44, subdivision 2, is amended to read:
233	228		8.2 Subd. 2.Competency hearing.(a) The court may admit all relevant and reliable evidence
234	229		8.3at the competency hearing. The court-appointed court examiner is considered the court's
235	230		8.4witness and may be called and questioned by the court, prosecutor, or defense counsel. The
236	231		8.5report of the court-appointed court examiner shall be admitted into evidence without further
237	232		8.6foundation.
238	233		8.7 (b) Defense counsel may testify, subject to the prosecutor's cross-examination, but shall
239	234		8.8not violate attorney-client privilege. Testifying does not automatically disqualify defense
240	235		8.9counsel from continuing to represent the defendant. The court may inquire of defense counsel
241	236		8.10regarding the attorney-client relationship and the defendant's ability to communicate with
242	237		8.11counsel. The court shall not require counsel to divulge communications protected by
243	238		8.12attorney-client privilege, and the prosecutor shall not cross-examine defense counsel
244	239		8.13concerning responses to the court's inquiry.
245	240		8.14 Sec. 20. Minnesota Statutes 2022, section 611.45, subdivision 3, is amended to read:
246	241		8.15 Subd. 3.Dismissal of criminal charge.(a) If the court finds the defendant incompetent,
247	242		8.16and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be
248	243		8.17dismissed.
249	244		8.18 (b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed
250	245		8.1930 days after the date of the finding of incompetence, unless the prosecutor, before the
251	246		8.20expiration of the 30-day period, files a written notice of intent to prosecute when the
252	247		8.21defendant regains attains competency. If a notice has been filed and the charge is a targeted
253	248		8.22misdemeanor, charges must be dismissed within one year after the finding of incompetency.
254	249		8.23If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed
255	250		8.24within two years after the finding of incompetency.
256	251		8.25 (c) In felony cases, except as provided in paragraph (d), the charges must be dismissed
257	252		8.26three years after the date of the finding of incompetency, unless the prosecutor, before the
258	253		8.27expiration of the three-year period, files a written notice of intent to prosecute when the
259	254		8.28defendant regains attains competency. If a notice has been filed, charges must be dismissed
260	255		8.29within five years after the finding of incompetency or ten years if the maximum sentence
261	256		8.30for the crime with which the defendant is charged is ten years or more.
262	257		8.31 (d) The requirement that felony charges be dismissed under paragraph (c) does not apply
263	258		8.32if:
264	259		8Sec. 20.
265		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 9.1 (1) the court orders continuing supervision pursuant to section 611.49, subdivision 3;
	260	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 9.1 (1) the court orders continuing supervision pursuant to section 611.49, subdivision 3;
266	261		9.2or
267	262		9.3 (2) the defendant is charged with a violation of sections 609.185 (murder in the first
268	263		9.4degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
269	264		9.5(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112
270	265		9.6(criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death
271	266		9.7to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662
272	267		9.8(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in
273	268		9.9the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665
274	269		9.10(manslaughter of an unborn child in the second degree); or a crime of violence as defined
275	270		9.11in section 624.712, subdivision 5, except for a violation of chapter 152.
276	271		9.12 (e) Nothing in this subdivision requires dismissal of any charge if the court finds the
277	272		9.13defendant competent and enters an order directing that the criminal proceedings shall resume.
278	273		9.14 Sec. 21. Minnesota Statutes 2022, section 611.46, subdivision 1, is amended to read:
279	274		9.15 Subdivision 1.Order to competency restoration attainment program.(a) If the court
280	275		9.16finds the defendant incompetent and the charges have not been dismissed, the court shall
281	276		9.17order the defendant to participate in a competency restoration program to restore assist the
282	277		9.18defendant's competence defendant in attaining competency. The court may order participation
283	278		9.19in a competency restoration attainment program provided outside of a jail, a jail-based
284	279		9.20competency restoration attainment program, or an alternative program. The court must
285	280		9.21determine the least-restrictive program appropriate to meet the defendant's needs and public
286	281		9.22safety. In making this determination, the court must consult with the forensic navigator and
287	282		9.23consider any recommendations of the court examiner. The court shall not order a defendant
288	283		9.24to participate in a jail-based program or a state-operated treatment program if the highest
289	284		9.25criminal charge is a misdemeanor or targeted misdemeanor.
290	285		9.26 (b) If the court orders the defendant to a locked treatment facility or jail-based program,
291	286		9.27the court must calculate the defendant's custody credit and cannot order the defendant to a
292	287		9.28locked treatment facility or jail-based program for a period that would cause the defendant's
293	288		9.29custody credit to exceed the maximum sentence for the underlying charge.
294	289		9.30 (b) (c) The court may only order the defendant to participate in competency restoration
295	290		9.31attainment at an inpatient or residential treatment program under this section if the head of
296	291		9.32the treatment program determines that admission to the program is clinically appropriate
297	292		9.33and consents to the defendant's admission. The court may only order the defendant to
298	293		9.34participate in competency restoration attainment at a state-operated treatment facility under
299	294		9Sec. 21.
300		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 10.1this section if the commissioner of human services or a designee determines that admission
	295	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 10.1this section if the commissioner of human services or a designee determines that admission
301	296		10.2of the defendant is clinically appropriate and consents to the defendant's admission. The
302	297		10.3court may require a certified competency program that qualifies as a locked facility or a
303	298		10.4state-operated treatment program to notify the court in writing of the basis for refusing
304	299		10.5consent for admission of the defendant in order to ensure transparency and maintain an
305	300		10.6accurate record. The court may not require personal appearance of any representative of a
306	301		10.7certified competency program. The court shall send a written request for notification to the
307	302		10.8locked facility or state-operated treatment program and the locked facility or state-operated
308	303		10.9treatment program shall provide a written response to the court within ten days of receipt
309	304		10.10of the court's request.
310	305		10.11 (c) (d) If the defendant is confined in jail and has not received competency restoration
311	306		10.12attainment services within 30 days of the finding of incompetency, the court shall review
312	307		10.13the case with input from the prosecutor and defense counsel and may:
313	308		10.14 (1) order the defendant to participate in an appropriate competency restoration attainment
314	309		10.15program that takes place outside of a jail;
315	310		10.16 (2) conditionally order a conditional release of the defendant, including with conditions
316	311		10.17that include but are not limited to conditions a requirement that the defendant participate
317	312		10.18in a competency restoration attainment program when one becomes available and accessible;
318	313		10.19 (3) make a determination as to whether the defendant is likely to attain competency in
319	314		10.20the reasonably foreseeable future and proceed under section 611.49; or
320	315		10.21 (4) upon a motion, dismiss the charges in the interest of justice.
321	316		10.22 (d) Upon the order to a competency restoration program or alternative program, (e) The
322	317		10.23court may order any hospital, treatment facility, or correctional facility that has provided
323	318		10.24care or supervision to the a defendant in the previous two years to provide copies of the
324	319		10.25defendant's medical records to the competency restoration attainment program or alternative
325	320		10.26program in which the defendant was ordered to participate. This information shall be provided
326	321		10.27in a consistent and timely manner and pursuant to all applicable laws.
327	322		10.28 (e) (f) If at any time the defendant refuses to participate in a competency restoration
328	323		10.29attainment program or an alternative program, the head of the program shall notify the court
329	324		10.30and any entity responsible for supervision of the defendant.
330	325		10.31 (f) (g) At any time, the head of the program may discharge the defendant from the
331	326		10.32program or facility. The head of the program must notify the court, prosecutor, defense
332	327		10.33counsel, and any entity responsible for the supervision of the defendant prior to any planned
333	328		10Sec. 21.
334		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 11.1discharge. Absent emergency circumstances, this notification shall be made five days prior
	329	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 11.1discharge. Absent emergency circumstances, this notification shall be made five days prior
335	330		11.2to the discharge if the defendant is not being discharged to jail or a correctional facility.
336	331		11.3Upon the receipt of notification of discharge or upon the request of either party in response
337	332		11.4to notification of discharge, the court may order that a defendant who is subject to bail or
338	333		11.5unmet conditions of release be returned to jail upon being discharged from the program or
339	334		11.6facility. If the court orders a defendant returned to jail, the court shall notify the parties and
340	335		11.7head of the program at least one day before the defendant's planned discharge, except in
341	336		11.8the event of an emergency discharge where one day notice is not possible. The court must
342	337		11.9hold a review hearing within seven days of the defendant's return to jail. The forensic
343	338		11.10navigator must be given notice of the hearing and be allowed to participate.
344	339		11.11 (g) (h) If the defendant is discharged from the program or facility under emergency
345	340		11.12circumstances, notification of emergency discharge shall include a description of the
346	341		11.13emergency circumstances and may include a request for emergency transportation. The
347	342		11.14court shall make a determination on a request for emergency transportation within 24 hours.
348	343		11.15Nothing in this section prohibits a law enforcement agency from transporting a defendant
349	344		11.16pursuant to any other authority.
350	345		11.17Sec. 22. Minnesota Statutes 2022, section 611.46, subdivision 2, is amended to read:
351	346		11.18 Subd. 2.Supervision.(a) Upon a finding of incompetency, if the defendant is entitled
352	347		11.19to release, the court must determine whether the defendant requires pretrial supervision.
353	348		11.20The court must weigh public safety risks against the defendant's interests in remaining free
354	349		11.21from supervision while presumed innocent in the criminal proceedings. The court may use
355	350		11.22a validated and equitable risk assessment tool to determine whether supervision is necessary.
356	351		11.23 (b) If the court determines that the defendant requires pretrial supervision, the court shall
357	352		11.24direct the forensic navigator to conduct pretrial supervision and report violations to the
358	353		11.25court. The forensic navigator shall be responsible for the supervision of the defendant until
359	354		11.26ordered otherwise by the court.
360	355		11.27 (c) Upon application by the prosecutor, the forensic navigator, other entity or its designee
361	356		11.28assigned to supervise the defendant, or court services alleging that the defendant violated
362	357		11.29a condition of release and is a risk to public safety, the court shall follow the procedures
363	358		11.30under Rules of Criminal Procedure, rule 6. Any hearing on the alleged violation of release
364	359		11.31conditions shall be held no more than 15 days after the date of issuance of a summons or
365	360		11.32within 72 hours if the defendant is apprehended on a warrant.
366	361		11.33 (d) If the court finds a violation, the court may revise the conditions of release and bail
367	362		11.34as appropriate pursuant to Minnesota Rules of Criminal Procedure, including but not limited
368	363		11Sec. 22.
369		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 12.1to consideration of and must consider the defendant's need for ongoing access to a
	364	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 12.1to consideration of and must consider the defendant's need for ongoing access to a
370	365		12.2competency restoration attainment program or alternative program under this section.
371	366		12.3 (e) The court must review conditions of release and bail on request of any party and may
372	367		12.4amend the conditions of release or make any other reasonable order upon receipt of
373	368		12.5information that the pretrial detention of a defendant has interfered with the defendant
374	369		12.6attaining competency.
375	370		12.7 Sec. 23. Minnesota Statutes 2022, section 611.46, subdivision 3, is amended to read:
376	371		12.8 Subd. 3.Certified Competency restoration attainment programs; procedure.(a) If
377	372		12.9the court orders a defendant to participate in a competency restoration attainment program
378	373		12.10that takes place outside of a jail, or an alternative program that the court has determined is
379	374		12.11providing appropriate competency restoration attainment services to the defendant, the court
380	375		12.12shall specify whether the program is a community-based treatment program or provided in
381	376		12.13a locked treatment facility.
382	377		12.14 (b) If the court finds that the defendant continues to be incompetent at a review hearing
383	378		12.15held after the initial determination of competency, the court must hold a review hearing
384	379		12.16pursuant to section 611.49 and consider any changes to the defendant's conditions of release
385	380		12.17or competency restoration attainment programming to restore the defendant's competency
386	381		12.18in the least restrictive program appropriate.
387	382		12.19 (c) If the court orders the defendant to a locked treatment facility or jail-based program,
388	383		12.20the court must calculate the defendant's custody credit and cannot order the defendant to a
389	384		12.21locked treatment facility or jail-based program for a period that would cause the defendant's
390	385		12.22custody credit to exceed the maximum sentence for the underlying charge.
391	386		12.23Sec. 24. Minnesota Statutes 2022, section 611.46, subdivision 4, is amended to read:
392	387		12.24 Subd. 4.Jail-based competency restoration attainment programs; procedure.(a)
393	388		12.25A defendant is eligible to participate in a jail-based competency restoration attainment
394	389		12.26program when the underlying charge is a gross misdemeanor or felony and either:
395	390		12.27 (1) the defendant has been found incompetent, the defendant has not met the conditions
396	391		12.28of release ordered pursuant to rule 6.02 of Minnesota Rules of Criminal Procedure, including
397	392		12.29posting bail, and either a court-appointed court examiner has recommended jail-based
398	393		12.30competency restoration attainment as the least restrictive setting to meet the person's needs,
399	394		12.31or the court finds that after a reasonable effort by the forensic navigator, there has not been
400	395		12.32consent by another secure setting to the defendant's placement; or
401	396		12Sec. 24.
402		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 13.1 (2) the defendant is in custody and is ordered to a certified competency restoration
	397	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 13.1 (2) the defendant is in custody and is ordered to a certified competency restoration
403	398		13.2attainment program that takes place outside of a jail, a jail-based competency restoration
404	399		13.3attainment program is available within a reasonable distance to the county where the
405	400		13.4defendant is being held, and the court ordered a time-limited placement in a jail-based
406	401		13.5program until transfer to a certified competency restoration attainment program that takes
407	402		13.6place outside of a jail.
408	403		13.7 (b) A defendant may not be ordered to participate in a jail-based competency restoration
409	404		13.8attainment program for more than 90 days without a review hearing. If after 90 days of the
410	405		13.9order to a jail-based program the defendant has not attained competency, the court must
411	406		13.10review the case with input from the prosecutor and defense counsel and may:
412	407		13.11 (1) order the defendant to participate in an appropriate certified competency restoration
413	408		13.12attainment program that takes place outside of a locked facility; or
414	409		13.13 (2) determine whether, after a reasonable effort by the forensic navigator, there is consent
415	410		13.14to the defendant's placement by another locked facility. If court determines that a locked
416	411		13.15facility is the least restrictive program appropriate and no appropriate locked facility is
417	412		13.16available, it may order the defendant to the jail-based program for an additional 90 days.
418	413		13.17 (c) Nothing in this section prohibits the court from ordering the defendant transferred
419	414		13.18to a certified competency restoration attainment program that takes place outside of a jail
420	415		13.19if the court determines that transition is appropriate, or the defendant satisfies the conditions
421	416		13.20of release or bail. Before the defendant is transitioned transferred to a certified competency
422	417		13.21restoration attainment program that takes place outside of a jail or an alternative program,
423	418		13.22the court shall notify the prosecutor and the defense counsel, and the provisions of subdivision
424	419		13.232 shall apply.
425	420		13.24 (d) The court may require a certified competency program that qualifies as a locked
426	421		13.25facility to notify the court in writing of the basis for refusing consent of the defendant in
427	422		13.26order to ensure transparency and maintain an accurate record. The court may not require
428	423		13.27personal appearance of any representative of a certified competency program.
429	424		13.28Sec. 25. Minnesota Statutes 2022, section 611.46, subdivision 5, is amended to read:
430	425		13.29 Subd. 5.Alternative programs; procedure.(a) A defendant is eligible to participate
431	426		13.30in an alternative program if the defendant has been found incompetent, the defendant is
432	427		13.31entitled to release, and a certified competency restoration attainment program outside of a
433	428		13.32jail is not available.
434	429		13Sec. 25.
435		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 14.1 (b) As soon as the forensic navigator has reason to believe that no certified competency
	430	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 14.1 (b) As soon as the forensic navigator has reason to believe that no certified competency
436	431		14.2restoration attainment program outside of a jail will be available within a reasonable time,
437	432		14.3the forensic navigator shall determine if there are available alternative programs that are
438	433		14.4likely to assist the defendant in attaining competency. Upon notification by the forensic
439	434		14.5navigator, The court may order the defendant to participate in an appropriate alternative
440	435		14.6program identified by the forensic navigator and must notify the prosecutor and the defense
441	436		14.7counsel of the order.
442	437		14.8 (c) If at any time while the defendant is participating in an alternative program, an
443	438		14.9appropriate certified competency restoration attainment program that takes place outside
444	439		14.10of a jail becomes available, the forensic navigator must notify the court. The court must
445	440		14.11notify the prosecutor and the defense counsel and must order the defendant to participate
446	441		14.12in an appropriate certified competency restoration attainment program, unless the court
447	442		14.13determines that the defendant is receiving appropriate competency restoration attainment
448	443		14.14services in the alternative program. If appropriate and in the public interest, the court may
449	444		14.15order the defendant to participate in the certified competency restoration attainment program
450	445		14.16and an alternative program.
451	446		14.17 (d) At any time, the head of the alternative program or the forensic navigator may notify
452	447		14.18the court that the defendant is receiving appropriate competency restoration attainment
453	448		14.19services in the alternative program, and recommend that remaining in the alternative program
454	449		14.20is in the best interest of the defendant and the defendant's progress in attaining competency.
455	450		14.21The court may order the defendant to continue programming in the alternative program and
456	451		14.22proceed under subdivision 3.
457	452		14.23 (e) If after 90 days of the order to an alternative program the defendant has not attained
458	453		14.24competency and the defendant is not participating in a certified competency restoration
459	454		14.25attainment program, the court must hold a review hearing pursuant to section 611.49.
460	455		14.26Sec. 26. Minnesota Statutes 2022, section 611.46, subdivision 6, is amended to read:
461	456		14.27 Subd. 6.Reporting to the court.(a) The court examiner must provide an updated report
462	457		14.28to the court at least once every six months, unless the court and the parties agree to a longer
463	458		14.29period that is not more than 12 months, as to the defendant's competency and a description
464	459		14.30of the efforts made to restore the defendant to competency.
465	460		14.31 (b) At any time, the head of the program may notify the court and recommend that a
466	461		14.32court examiner provide an updated competency examination and report.
467	462		14Sec. 26.
468		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 15.1 (c) The court shall furnish provide copies of the report to the prosecutor, defense counsel,
	463	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 15.1 (c) The court shall furnish provide copies of the report to the prosecutor, defense counsel,
469	464		15.2and the facility or program where the defendant is being served.
470	465		15.3 (d) The report may make recommendations for continued services to ensure continued
471	466		15.4competency. If the defendant is found guilty, these recommendations may be considered
472	467		15.5by the court in imposing a sentence, including any conditions of probation.
473	468		15.6 Sec. 27. Minnesota Statutes 2022, section 611.47, is amended to read:
474	469		15.7 611.47 ADMINISTRATION OF MEDICATION.
475	470		15.8 Subdivision 1.Motion.When a court finds that a defendant is incompetent or any time
476	471		15.9thereafter, upon the motion of the prosecutor or treating medical provider, the court shall
477	472		15.10hear and determine whether the defendant lacks capacity to make decisions regarding the
478	473		15.11administration of neuroleptic medication and, if so, whether the conditions and factors weigh
479	474		15.12in favor of authorizing involuntary administration of neuroleptic medication.
480	475		15.13 Subd. 2.Certification report Reports.(a) In making a determination under this section,
481	476		15.14the court shall consider the report of the court examiner completed pursuant to section
482	477		15.15611.43 and any certification report filed by the treating medical practitioner in support of
483	478		15.16a motion under this section. The court may request a certification report from the defendant's
484	479		15.17treating medical practitioner.
485	480		15.18 (a) (b) If the defendant's treating medical practitioner is of the opinion that the defendant
486	481		15.19lacks capacity to make decisions regarding neuroleptic medication, the treating medical
487	482		15.20practitioner shall may certify in a report that the lack of capacity exists and which conditions
488	483		15.21under subdivision 3 are applicable. The A certification report shall must contain an
489	484		15.22assessment of the current mental status of the defendant and the opinion of the treating
490	485		15.23medical practitioner that as to whether involuntary neuroleptic medication has become
491	486		15.24medically necessary and appropriate under subdivision 3, paragraph (b), clause (1) or (2),
492	487		15.25or in the patient's defendant's best medical interest under subdivision 3, paragraph (b), clause
493	488		15.26(3). The certification report shall be filed with the court when a motion for a hearing is made
494	489		15.27under this section.
495	490		15.28 (b) (c) A certification report made pursuant to this section shall include a description of
496	491		15.29the neuroleptic medication proposed to be administered to the defendant, if any, and its
497	492		15.30likely effects and side effects, including effects on the defendant's condition or behavior
498	493		15.31that would affect the defendant's ability to understand the nature of the criminal proceedings
499	494		15.32or to assist counsel in the conduct of a defense in a reasonable manner.
500	495		15Sec. 27.
501		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 16.1 (c) (d) Any defendant subject to an order under subdivision 3 of this section or the state
	496	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 16.1 (c) (d) Any defendant subject to an order under subdivision 3 of this section or the state
502	497		16.2may request review of that order.
503	498		16.3 (d) (e) In addition to the court examiner appointed to report to the court on the defendant's
504	499		16.4competency to proceed, the court may appoint a court examiner to examine the defendant
505	500		16.5and report to the court and parties as to whether the defendant lacks capacity to make
506	501		16.6decisions regarding the administration of neuroleptic medication. If the patient defendant
507	502		16.7refuses to participate in an examination, the court examiner may rely on the patient's
508	503		16.8defendant's clinically relevant medical records in reaching an opinion.
509	504		16.9 (e) (f) The defendant is entitled to a second court examiner under this section, if requested
510	505		16.10by the defendant.
511	506		16.11 Subd. 3.Determination.(a) The court shall consider opinions in the reports prepared
512	507		16.12under subdivision 2 as applicable to the issue of first determine whether the defendant lacks
513	508		16.13capacity to make decisions regarding the administration of neuroleptic medication and shall
514	509		16.14proceed under paragraph (b). In making this determination, the court:
515	510		16.15 (1) must apply a rebuttable presumption that a defendant has the capacity to make
516	511		16.16decisions regarding administration of neuroleptic medication;
517	512		16.17 (2) must find that a defendant has the capacity to make decisions regarding the
518	513		16.18administration of neuroleptic medication if the defendant:
519	514		16.19 (i) has an awareness of the nature of the defendant's situation and the possible
520	515		16.20consequences of refusing treatment with neuroleptic medications;
521	516		16.21 (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits,
522	517		16.22and alternatives; and
523	518		16.23 (iii) communicates verbally or nonverbally a clear choice regarding treatment with
524	519		16.24neuroleptic medications that is a reasoned one not based on a symptom of the defendant's
525	520		16.25mental illness, even though it may not be in the defendant's best interests; and
526	521		16.26 (3) must not conclude that a defendant's decision is unreasonable based solely on a
527	522		16.27disagreement with the medical practitioner's recommendation.
528	523		16.28 (b) If the court determines that the defendant lacks capacity to make decisions regarding
529	524		16.29the administration of neuroleptic medication, the court shall hear and determine whether
530	525		16.30any of the following is true:
531	526		16.31 (1) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
532	527		16.32defined in section 253B.092, subdivision 5, the defendant's mental illness requires medical
533	528		16Sec. 27.
534		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 17.1treatment with neuroleptic medication, and, if the defendant's mental illness is not treated
	529	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 17.1treatment with neuroleptic medication, and, if the defendant's mental illness is not treated
535	530		17.2with neuroleptic medication, it is probable that serious harm to the physical or mental health
536	531		17.3of the patient defendant will result. Probability of serious harm to the physical or mental
537	532		17.4health of the defendant requires evidence that the defendant is presently suffering adverse
538	533		17.5effects to the defendant's physical or mental health, or the defendant has previously suffered
539	534		17.6these effects as a result of a mental illness and the defendant's condition is substantially
540	535		17.7deteriorating or likely to deteriorate without administration of neuroleptic medication. The
541	536		17.8fact that a defendant has a diagnosis of a mental illness does not alone establish probability
542	537		17.9of serious harm to the physical or mental health of the defendant;
543	538		17.10 (2) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
544	539		17.11defined in section 253B.092, subdivision 5, neuroleptic medication is medically necessary,
545	540		17.12and the defendant is a danger to others, in that the defendant has inflicted, attempted to
546	541		17.13inflict, or made a serious threat of inflicting substantial bodily harm on another while in
547	542		17.14custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of
548	543		17.15inflicting substantial bodily harm on another that resulted in being taken into custody, and
549	544		17.16the defendant presents, as a result of mental illness or cognitive impairment, a demonstrated
550	545		17.17danger of inflicting substantial bodily harm on others. Demonstrated danger may be based
551	546		17.18on an assessment of the defendant's present mental condition, including a consideration of
552	547		17.19past behavior of the defendant and other relevant information; or
553	548		17.20 (3) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
554	549		17.21defined in section 253B.092, subdivision 5, and the defendant does not meet the criteria
555	550		17.22under clause (1) or (2), but the state has shown by clear and convincing evidence that:
556	551		17.23 (i) the state has charged the defendant with a serious crime against the person or property;
557	552		17.24 (ii) involuntary administration of neuroleptic medication is substantially likely to render
558	553		17.25the defendant competent to stand trial;
559	554		17.26 (iii) the medication is unlikely to have side effects that interfere with the defendant's
560	555		17.27ability to understand the nature of the criminal proceedings or to assist counsel in the conduct
561	556		17.28of a defense in a reasonable manner;
562	557		17.29 (iv) less intrusive treatments are unlikely to have substantially the same results and
563	558		17.30involuntary medication is necessary; and
564	559		17.31 (v) neuroleptic medication is in the patient's defendant's best medical interest in light of
565	560		17.32the patient's defendant's medical condition.
566	561		17Sec. 27.
567		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 18.1 (c) In ruling on a petition under this section, the court shall also take into consideration
	562	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 18.1 (c) In ruling on a petition under this section, the court shall also take into consideration
568	563		18.2any evidence on If the conditions described in paragraph (b), clause (1), (2), or (3), exist,
569	564		18.3the court shall determine whether the following factors weigh in favor of authorizing the
570	565		18.4involuntary administration of neuroleptic medication:
571	566		18.5 (1) what the patient defendant would choose to do in the situation if the patient defendant
572	567		18.6had capacity, including evidence such as a durable power of attorney for health care under
573	568		18.7chapter 145C;
574	569		18.8 (2) the defendant's family, community, moral, religious, and social values;
575	570		18.9 (3) the medical risks, benefits, and alternatives to the proposed treatment;
576	571		18.10 (4) past efficacy and any extenuating circumstances of past use of neuroleptic
577	572		18.11medications; and
578	573		18.12 (5) any other relevant factors.
579	574		18.13 (d) In determining whether the defendant possesses capacity to consent to neuroleptic
580	575		18.14medications, the court:
581	576		18.15 (1) must apply a rebuttable presumption that a defendant has the capacity to make
582	577		18.16decisions regarding administration of neuroleptic medication;
583	578		18.17 (2) must find that a defendant has the capacity to make decisions regarding the
584	579		18.18administration of neuroleptic medication if the defendant:
585	580		18.19 (i) has an awareness of the nature of the defendant's situation and the possible
586	581		18.20consequences of refusing treatment with neuroleptic medications;
587	582		18.21 (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits,
588	583		18.22and alternatives; and
589	584		18.23 (iii) communicates verbally or nonverbally a clear choice regarding treatment with
590	585		18.24neuroleptic medications that is a reasoned one not based on a symptom of the defendant's
591	586		18.25mental illness, even though it may not be in the defendant's best interests; and
592	587		18.26 (3) must not conclude that a defendant's decision is unreasonable based solely on a
593	588		18.27disagreement with the medical practitioner's recommendation.
594	589		18.28 (e) (d) If consideration of the evidence presented on the factors in paragraph (c) weighs
595	590		18.29weigh in favor of authorizing involuntary administration of neuroleptic medication, and the
596	591		18.30court finds any of the conditions described in paragraph (b) to be true, the court shall issue
597	592		18.31an order authorizing involuntary administration of neuroleptic medication to the defendant
598	593		18.32when and as prescribed by the defendant's medical practitioner, including administration
599	594		18Sec. 27.
600		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 19.1by a treatment facility or correctional facility. The court order shall specify which medications
	595	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 19.1by a treatment facility or correctional facility. The court order shall specify which medications
601	596		19.2are authorized and may limit the maximum dosage of neuroleptic medication that may be
602	597		19.3administered. The order shall be valid for no more than one year. An order may be renewed
603	598		19.4by filing another petition under this section and following the process in this section. The
604	599		19.5order shall terminate no later than the closure of the criminal case in which it is issued. The
605	600		19.6court shall not order involuntary administration of neuroleptic medication under paragraph
606	601		19.7(b), clause (3), unless the court has first found that the defendant does not meet the criteria
607	602		19.8for involuntary administration of neuroleptic medication under paragraph (b), clause (1),
608	603		19.9and does not meet the criteria under paragraph (b), clause (2).
609	604		19.10 (f) A copy of the order must be given to the defendant, the defendant's attorney, the
610	605		19.11county attorney, and the treatment facility or correctional facility where the defendant is
611	606		19.12being served. The treatment facility, correctional facility, or treating medical practitioner
612	607		19.13may not begin administration of the neuroleptic medication until it notifies the patient
613	608		19.14defendant of the court's order authorizing the treatment.
614	609		19.15 Subd. 4.Emergency administration.A treating medical practitioner may administer
615	610		19.16neuroleptic medication to a defendant who does not have capacity to make a decision
616	611		19.17regarding administration of the medication if the defendant is in an emergency situation.
617	612		19.18Medication may be administered for so long as the emergency continues to exist, up to 14
618	613		19.19days, if the treating medical practitioner determines that the medication is necessary to
619	614		19.20prevent serious, immediate physical harm to the patient defendant or to others. If a request
620	615		19.21for authorization to administer medication is made to the court within the 14 days, the
621	616		19.22treating medical practitioner may continue the medication through the date of the first court
622	617		19.23hearing, if the emergency continues to exist. The treating medical practitioner shall document
623	618		19.24the emergency in the defendant's medical record in specific behavioral terms.
624	619		19.25 Subd. 5.Administration without judicial review.Neuroleptic medications may be
625	620		19.26administered without judicial review under this subdivision if:
626	621		19.27 (1) the defendant has been prescribed neuroleptic medication prior to admission to a
627	622		19.28facility or program, but lacks the present capacity to consent to the administration of that
628	623		19.29neuroleptic medication; continued administration of the medication is in the patient's
629	624		19.30defendant's best interest; and the defendant does not refuse administration of the medication.
630	625		19.31In this situation, the previously prescribed neuroleptic medication may be continued for up
631	626		19.32to 14 days while the treating medical practitioner is requesting a court order authorizing
632	627		19.33administering neuroleptic medication or an amendment to a current court order authorizing
633	628		19.34administration of neuroleptic medication. If the treating medical practitioner requests a court
634	629		19.35order under this section within 14 days, the treating medical practitioner may continue
635	630		19Sec. 27.
636		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 20.1administering the medication to the patient defendant through the hearing date or until the
	631	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 20.1administering the medication to the patient defendant through the hearing date or until the
637	632		20.2court otherwise issues an order; or
638	633		20.3 (2) the defendant does not have the present capacity to consent to the administration of
639	634		20.4neuroleptic medication, but prepared a health care power of attorney or a health care directive
640	635		20.5under chapter 145C requesting treatment or authorizing an agent or proxy to request
641	636		20.6treatment, and the agent or proxy has requested the treatment.
642	637		20.7 Subd. 6.Defendants with capacity to make informed decision.If the court finds that
643	638		20.8the defendant has the capacity to decide whether to take neuroleptic medication, a facility
644	639		20.9or program may not administer medication without the patient's defendant's informed written
645	640		20.10consent or without the declaration of an emergency, or until further review by the court.
646	641		20.11 Subd. 7.Procedure when patient defendant refuses medication.If physical force is
647	642		20.12required to administer the neuroleptic medication, the facility or program may only use
648	643		20.13injectable medications. If physical force is needed to administer the medication, medication
649	644		20.14may only be administered in a setting where the person's defendant's condition can be
650	645		20.15reassessed and medical personnel qualified to administer medication are available, including
651	646		20.16in the community or a correctional facility. The facility or program may not use a nasogastric
652	647		20.17tube to administer neuroleptic medication involuntarily.
653	648		20.18Sec. 28. Minnesota Statutes 2022, section 611.48, is amended to read:
654	649		20.19 611.48 REVIEW HEARINGS.
655	650		20.20 The prosecutor or defense counsel may apply to the court for a hearing to review the
656	651		20.21defendant's competency restoration attainment programming. All parties are entitled to
657	652		20.22notice before the hearing. The hearing shall be held no later than 30 days after the date of
658	653		20.23the request, unless extended upon agreement of the prosecutor and defense counsel or by
659	654		20.24the court for good cause.
660	655		20.25Sec. 29. Minnesota Statutes 2022, section 611.49, is amended to read:
661	656		20.26 611.49 LIKELIHOOD TO ATTAIN COMPETENCY .
662	657		20.27 Subdivision 1.Applicability.(a) The court may hold a hearing on its own initiative or
663	658		20.28upon request of either party to determine whether the defendant is likely to attain competency
664	659		20.29in the foreseeable future when the most recent court examiner's report states that the defendant
665	660		20.30is unlikely to attain competency in the foreseeable future, and either:
666	661		20Sec. 29.
667		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 21.1 (1) the defendant has not been restored to competence attained competency after
	662	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 21.1 (1) the defendant has not been restored to competence attained competency after
668	663		21.2participating and cooperating with court-ordered competency restoration attainment
669	664		21.3programming for at least one year; or
670	665		21.4 (2) the defendant has not received timely competency restoration attainment services
671	666		21.5under section 611.46 after one year.
672	667		21.6 (b) The court cannot find a defendant unlikely to attain competency based upon a
673	668		21.7defendant's refusal to cooperate with or remain at a certified competency program or
674	669		21.8cooperate with an examination.
675	670		21.9 (c) The parties are entitled to 30 days of notice prior to the hearing and, unless the parties
676	671		21.10agree to a longer time period, the court must determine within 30 days after the hearing
677	672		21.11whether there is a substantial probability that the defendant will attain competency within
678	673		21.12the foreseeable future.
679	674		21.13 (d) A party attempting to demonstrate that there is a substantial probability that the
680	675		21.14defendant will attain competency within the foreseeable future must prove that probability
681	676		21.15by a preponderance of the evidence.
682	677		21.16 Subd. 2.Procedure.(a) If the court finds that there is a substantial probability that the
683	678		21.17defendant will attain competency within the reasonably foreseeable future, the court shall
684	679		21.18find the defendant incompetent and proceed under section 611.46.
685	680		21.19 (b) If the court finds that there is not a substantial probability the defendant will attain
686	681		21.20competency within the reasonably foreseeable future, the court may not order the defendant
687	682		21.21to participate in or continue to participate in a competency restoration attainment program
688	683		21.22in a locked treatment facility. The court must release the defendant from any custody holds
689	684		21.23pertaining to the underlying criminal case and require the forensic navigator to develop a
690	685		21.24bridge plan.
691	686		21.25 (c) If the court finds that there is not a substantial probability the defendant will attain
692	687		21.26competency within the foreseeable future, the court may issue an order to the designated
693	688		21.27agency in the county of financial responsibility or the county where the defendant is present
694	689		21.28to conduct a prepetition screening pursuant to section 253B.07.
695	690		21.29 (d) If a hearing is held under this subdivision and the criteria pursuant to subdivision 1,
696	691		21.30paragraphs (a) and (b) are satisfied, a party attempting to demonstrate that there is a
697	692		21.31substantial probability that the defendant will attain competency within the foreseeable
698	693		21.32future must prove by a preponderance of the evidence.
699	694		21Sec. 29.
700		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 22.1 (e) (d) If the court finds that there is not a substantial probability that the defendant will
	695	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 22.1 (e) (d) If the court finds that there is not a substantial probability that the defendant will
701	696		22.2attain competency within the foreseeable future, the court must dismiss the case unless:
702	697		22.3 (1) the person is charged with a violation of section 609.185 (murder in the first degree);
703	698		22.4609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
704	699		22.5(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112
705	700		22.6(criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death
706	701		22.7to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662
707	702		22.8(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in
708	703		22.9the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665
709	704		22.10(manslaughter of an unborn child in the second degree); or a crime of violence as defined
710	705		22.11in section 624.712, subdivision 5, except for a violation of chapter 152; or
711	706		22.12 (2) there is a showing of a danger to public safety if the matter is dismissed.
712	707		22.13 (f) (e) If the court does not dismiss the charges, the court must order continued supervision
713	708		22.14under subdivision 3.
714	709		22.15 Subd. 3.Continued supervision.(a) If the court orders the continued supervision of a
715	710		22.16defendant, any party may request a hearing on the issue of continued supervision by filing
716	711		22.17a notice no more than ten days after the order for continued supervision.
717	712		22.18 (b) When continued supervision is ordered, the court must identify the supervisory
718	713		22.19agency responsible for the supervision of the defendant, including but not limited to directing
719	714		22.20and may identify a forensic navigator as the responsible entity.
720	715		22.21 (c) Notwithstanding the reporting requirements of section 611.46, subdivision 6, the
721	716		22.22court examiner must provide an updated report to the court one year after the initial order
722	717		22.23for continued supervision as to the defendant's competency and a description of the efforts
723	718		22.24made to restore assist the defendant to in attaining competency. The court shall hold a review
724	719		22.25hearing within 30 days of receipt of the report.
725	720		22.26 (d) If continued supervision is ordered at the review hearing under paragraph (c), the
726	721		22.27court must set a date for a review hearing no later than two years after the most recent order
727	722		22.28for continuing supervision. The court must order review of the defendant's status, including
728	723		22.29an updated competency examination and report by the court examiner. The court examiner
729	724		22.30must submit the updated report to the court. At the review hearing, the court must determine
730	725		22.31if the defendant has attained competency, whether there is a substantial probability that the
731	726		22.32defendant will attain competency within the foreseeable future, and whether the absence of
732	727		22.33continuing supervision of the defendant is a danger to public safety. Notwithstanding
733	728		22Sec. 29.
734		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 23.1subdivision 2, paragraph (e) (d), the court may hear any motions to dismiss pursuant to the
	729	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 23.1subdivision 2, paragraph (e) (d), the court may hear any motions to dismiss pursuant to the
735	730		23.2interest of justice at the review hearing.
736	731		23.3 (e) Continued supervision of a defendant in cases where the most serious charge is a
737	732		23.4targeted misdemeanor or gross misdemeanor is subject to the limitations established in
738	733		23.5section 611.45, subdivision 3, paragraph (b).
739	734		23.6 (e) (f) The court may not order continued supervision of a defendant charged with a
740	735		23.7felony for more than ten years unless the defendant is charged with a violation of section
741	736		23.8609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
742	737		23.9in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
743	738		23.10the second degree); 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1
744	739		23.11(criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn
745	740		23.12child in the first degree); 609.2662 (murder of an unborn child in the second degree);
746	741		23.13609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an
747	742		23.14unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second
748	743		23.15degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a
749	744		23.16violation of chapter 152.
750	745		23.17 (f) (g) At any time, the head of the program may discharge the defendant from the
751	746		23.18program or facility. The head of the program must notify the court, prosecutor, defense
752	747		23.19counsel, forensic navigator, and any entity responsible for the supervision of the defendant
753	748		23.20prior to any planned discharge. Absent emergency circumstances, this notification shall be
754	749		23.21made five days prior to the discharge. If the defendant is discharged from the program or
755	750		23.22facility under emergency circumstances, notification of emergency discharge shall include
756	751		23.23a description of the emergency circumstances and may include a request for emergency
757	752		23.24transportation. The court shall make a determination on a request for emergency
758	753		23.25transportation within 24 hours. Nothing in this section prohibits a law enforcement agency
759	754		23.26from transporting a defendant pursuant to any other authority.
760	755		23.27 (g) (h) The court may provide, partner, or contract for pretrial supervision services or
761	756		23.28continued supervision if the defendant is found incompetent and unlikely to attain competency
762	757		23.29in the foreseeable future.
763	758		23Sec. 29.
764		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 24.1 Sec. 30. Minnesota Statutes 2022, section 611.51, is amended to read:
	759	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 24.1 Sec. 30. Minnesota Statutes 2022, section 611.51, is amended to read:
765	760		24.2 611.51 CREDIT FOR CONFINEMENT .
766	761		24.3 If the defendant is convicted, any time spent confined in a secured secure setting while
767	762		24.4being assessed and restored to or receiving competency attainment services must be credited
768	763		24.5as time served.
769	764		24.6 Sec. 31. Minnesota Statutes 2022, section 611.55, is amended to read:
770	765		24.7 611.55 FORENSIC NAVIGATOR SERVICES.
771	766		24.8 Subdivision 1.Definition.As used in this section, "board" means the State Competency
772	767		24.9Restoration Attainment Board established in section 611.56.
773	768		24.10 Subd. 2.Availability of forensic navigator services.The board must provide or contract
774	769		24.11for enough forensic navigator services to meet the needs of adult defendants in each judicial
775	770		24.12district who are found incompetent to proceed.
776	771		24.13 Subd. 3.Duties.(a) Forensic navigators shall assist and supervise defendants when
777	772		24.14appointed to do so by a court. Forensic navigators shall be impartial in all legal matters
778	773		24.15relating to the criminal case. Nothing shall be construed to permit the forensic navigator to
779	774		24.16provide legal counsel as a representative of the court, prosecutor, or defense counsel. Forensic
780	775		24.17navigators shall be required to report compliance and noncompliance with pretrial supervision
781	776		24.18and any orders of the court.
782	777		24.19 (b) Forensic navigators shall provide services to assist defendants with mental illnesses
783	778		24.20and cognitive impairments. Services may include, but are not limited to:
784	779		24.21 (1) developing bridge plans;
785	780		24.22 (2) assisting defendants in participating in court-ordered examinations and hearings;
786	781		24.23 (3) coordinating timely placement in court-ordered competency restoration attainment
787	782		24.24programs;
788	783		24.25 (4) providing competency restoration attainment education;
789	784		24.26 (5) reporting to the court on the progress of defendants found incompetent to stand trial;
790	785		24.27 (6) providing coordinating services to help defendants access needed mental health
791	786		24.28services, medical care, stable housing and housing assistance, financial assistance, social
792	787		24.29services, transportation, precharge and pretrial diversion, and other necessary services
793	788		24.30provided by other programs and community service providers;
794	789		24Sec. 31.
795		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 25.1 (7) communicating with and offering supportive resources to defendants and family
	790	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 25.1 (7) communicating with and offering supportive resources to defendants and family
796	791		25.2members of defendants; and
797	792		25.3 (8) providing consultation and education to court officials on emerging issues and
798	793		25.4innovations in serving defendants with mental illnesses in the court system.
799	794		25.5 (c) When ordered to supervise a defendant, a forensic navigator shall report to the court
800	795		25.6on a defendant's compliance or noncompliance with conditions of pretrial supervision and
801	796		25.7any order of the court.
802	797		25.8 (c) (d) If a defendant's charges are dismissed, the appointed forensic navigator may
803	798		25.9continue assertive outreach with the individual for up to 90 days to assist in attaining stability
804	799		25.10in the community.
805	800		25.11 Subd. 4.Bridge plans.(a) The Forensic navigator must prepare bridge plans A forensic
806	801		25.12navigator must prepare a bridge plan with the defendant and submit them the bridge plan
807	802		25.13to the court. Bridge plans must be submitted before the time the court makes a competency
808	803		25.14finding pursuant to section 611.45. The A bridge plan must include:
809	804		25.15 (1) a confirmed housing address the defendant will use upon release, including but not
810	805		25.16limited to emergency shelters;
811	806		25.17 (2) if possible, the dates, times, locations, and contact information for any appointments
812	807		25.18made to further coordinate support and assistance for the defendant in the community,
813	808		25.19including but not limited to mental health and substance use disorder treatment, or a list of
814	809		25.20referrals to services; and
815	810		25.21 (3) any other referrals, resources, or recommendations the forensic navigator or court
816	811		25.22deems necessary.
817	812		25.23 (b) Bridge plans and any supporting records or other data submitted with those plans
818	813		25.24are not accessible to the public.
819	814		25.25Sec. 32. Minnesota Statutes 2022, section 611.56, is amended to read:
820	815		25.26 611.56 STATE COMPETENCY RESTORATION ATTAINMENT BOARD.
821	816		25.27 Subdivision 1.Establishment; membership.(a) The State Competency Restoration
822	817		25.28Attainment Board is established in the judicial branch. The board is not subject to the
823	818		25.29administrative control of the judiciary. The board shall consist of seven members, including:
824	819		25.30 (1) three members appointed by the supreme court, at least one of whom must be a
825	820		25.31defense attorney, one a county attorney, and one public member; and
826	821		25Sec. 32.
827		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 26.1 (2) four members appointed by the governor, at least one of whom must be a mental
	822	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 26.1 (2) four members appointed by the governor, at least one of whom must be a mental
828	823		26.2health professional with experience in competency restoration attainment.
829	824		26.3 (b) The appointing authorities may not appoint an active judge to be a member of the
830	825		26.4board, but may appoint a retired judge.
831	826		26.5 (c) All members must demonstrate an interest in maintaining a high quality, independent
832	827		26.6forensic navigator program and a thorough process for certification of competency restoration
833	828		26.7attainment programs. Members shall be familiar with the Minnesota Rules of Criminal
834	829		26.8Procedure, particularly rule 20; chapter 253B; and sections 611.40 to 611.59. Following
835	830		26.9the initial terms of appointment, at least one member appointed by the supreme court must
836	831		26.10have previous experience working as a forensic navigator. At least three members of the
837	832		26.11board shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms,
838	833		26.12compensation, and removal of members shall be as provided in section 15.0575. The members
839	834		26.13shall elect the chair from among the membership for a term of two years.
840	835		26.14 Subd. 2.Duties and responsibilities.(a) The board shall create and administer a
841	836		26.15statewide, independent competency restoration attainment system that certifies competency
842	837		26.16restoration attainment programs and uses forensic navigators to promote prevention and
843	838		26.17diversion of people with mental illnesses and cognitive impairments from entering the legal
844	839		26.18system, support defendants with mental illness and cognitive impairments, support defendants
845	840		26.19in the competency process, and assist courts and partners in coordinating competency
846	841		26.20restoration attainment services.
847	842		26.21 (b) The board shall:
848	843		26.22 (1) approve and recommend to the legislature a budget for the board and the forensic
849	844		26.23navigator program;
850	845		26.24 (2) establish procedures for distribution of funding under this section to the forensic
851	846		26.25navigator program;
852	847		26.26 (3) establish forensic navigator standards, administrative policies, procedures, and rules
853	848		26.27consistent with statute, rules of court, and laws that affect a forensic navigator's work;
854	849		26.28 (4) establish certification requirements for competency restoration attainment programs;
855	850		26.29and
856	851		26.30 (5) carry out the programs under sections 611.57, 611.58, and 611.59.
857	852		26.31 (c) The board may:
858	853		26Sec. 32.
859		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 27.1 (1) adopt standards, policies, or procedures necessary to ensure quality assistance for
	854	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 27.1 (1) adopt standards, policies, or procedures necessary to ensure quality assistance for
860	855		27.2defendants found incompetent to stand trial and charged with a felony, gross misdemeanor,
861	856		27.3or targeted misdemeanor, or for defendants found incompetent to stand trial who have
862	857		27.4recurring incidents;
863	858		27.5 (2) establish district forensic navigator offices as provided in subdivision 4; and
864	859		27.6 (3) propose statutory changes to the legislature and rule changes to the supreme court
865	860		27.7that would facilitate the effective operation of the forensic navigator program.
866	861		27.8 Subd. 3.Administrator.The board shall appoint a program administrator who serves
867	862		27.9at the pleasure of the board. The program administrator shall attend all meetings of the board
868	863		27.10and the Certification Advisory Committee, but may not vote, and shall:
869	864		27.11 (1) carry out all administrative functions necessary for the efficient and effective operation
870	865		27.12of the board and the program, including but not limited to hiring, supervising, and disciplining
871	866		27.13program staff and forensic navigators;
872	867		27.14 (2) implement, as necessary, resolutions, standards, rules, regulations, and policies of
873	868		27.15the board;
874	869		27.16 (3) keep the board fully advised as to its financial condition, and prepare and submit to
875	870		27.17the board the annual program and budget and other financial information as requested by
876	871		27.18the board;
877	872		27.19 (4) recommend to the board the adoption of rules and regulations necessary for the
878	873		27.20efficient operation of the board and the program; and
879	874		27.21 (5) perform other duties prescribed by the board.
880	875		27.22 Subd. 4.District offices.The board may establish district forensic navigator offices in
881	876		27.23counties, judicial districts, or other areas where the number of defendants receiving
882	877		27.24competency restoration attainment services requires more than one full-time forensic
883	878		27.25navigator and establishment of an office is fiscally responsible and in the best interest of
884	879		27.26defendants found to be incompetent.
885	880		27.27 Subd. 5.Administration.The board may contract with the Office of State Court
886	881		27.28Administrator for administrative support services for the fiscal years following fiscal year
887	882		27.292022.
888	883		27.30 Subd. 6.Fees and costs; civil actions on contested case.Sections 15.039 and 15.471
889	884		27.31to 15.474 apply to the State Competency Restoration Attainment Board.
890	885		27Sec. 32.
891		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 28.1 Subd. 7.Access to records.Access to records of the board is subject to the Rules of
	886	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 28.1 Subd. 7.Access to records.Access to records of the board is subject to the Rules of
892	887		28.2Public Access for Records of the Judicial Branch. The board may propose amendments for
893	888		28.3supreme court consideration.
894	889		28.4 Sec. 33. Minnesota Statutes 2022, section 611.57, is amended to read:
895	890		28.5 611.57 CERTIFICATION ADVISORY COMMITTEE.
896	891		28.6 Subdivision 1.Establishment.The Certification Advisory Committee is established to
897	892		28.7provide the State Competency Restoration Attainment Board with advice and expertise
898	893		28.8related to the certification of competency restoration attainment programs, including
899	894		28.9jail-based programs.
900	895		28.10 Subd. 2.Membership.(a) The Certification Advisory Committee consists of the
901	896		28.11following members:
902	897		28.12 (1) a mental health professional, as defined in section 245I.02, subdivision 27, with
903	898		28.13community behavioral health experience, appointed by the governor;
904	899		28.14 (2) a board-certified forensic psychiatrist with experience in competency evaluations,
905	900		28.15providing competency restoration attainment services, or both, appointed by the governor;
906	901		28.16 (3) a board-certified forensic psychologist with experience in competency evaluations,
907	902		28.17providing competency restoration attainment services, or both, appointed by the governor;
908	903		28.18 (4) the president of the Minnesota Corrections Association or a designee;
909	904		28.19 (5) the direct care and treatment deputy commissioner or a designee;
910	905		28.20 (6) the president of the Minnesota Association of County Social Service Administrators
911	906		28.21or a designee;
912	907		28.22 (7) the president of the Minnesota Association of Community Mental Health Providers
913	908		28.23or a designee;
914	909		28.24 (8) the president of the Minnesota Sheriffs' Association or a designee; and
915	910		28.25 (9) the executive director of the National Alliance on Mental Illness Minnesota or a
916	911		28.26designee.
917	912		28.27 (b) Members of the advisory committee serve without compensation and at the pleasure
918	913		28.28of the appointing authority. Vacancies shall be filled by the appointing authority consistent
919	914		28.29with the qualifications of the vacating member required by this subdivision.
920	915		28.30 Subd. 3.Meetings.At its first meeting, the advisory committee shall elect a chair and
921	916		28.31may elect a vice-chair. The advisory committee shall meet at least monthly or upon the call
922	917		28Sec. 33.
923		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 29.1the chair. The advisory committee shall meet sufficiently enough to accomplish the tasks
	918	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 29.1the chair. The advisory committee shall meet sufficiently enough to accomplish the tasks
924	919		29.2identified in this section.
925	920		29.3 Subd. 4.Duties.The Certification Advisory Committee shall consult with the Department
926	921		29.4of Human Services, the Department of Health, and the Department of Corrections; make
927	922		29.5recommendations to the State Competency Restoration Attainment Board regarding
928	923		29.6competency restoration attainment curriculum, certification requirements for competency
929	924		29.7restoration attainment programs including jail-based programs, and certification of individuals
930	925		29.8to provide competency restoration attainment services; and provide information and
931	926		29.9recommendations on other issues relevant to competency restoration attainment as requested
932	927		29.10by the board.
933	928		29.11Sec. 34. Minnesota Statutes 2022, section 611.58, is amended to read:
934	929		29.12 611.58 COMPETENCY RESTORATION ATTAINMENT CURRICULUM AND
935	930		29.13CERTIFICATION.
936	931		29.14 Subdivision 1.Curriculum.(a) By January 1, 2023, the board must recommend a
937	932		29.15competency restoration attainment curriculum to educate and assist defendants found
938	933		29.16incompetent in attaining the ability to:
939	934		29.17 (1) rationally consult with counsel;
940	935		29.18 (2) understand the proceedings; and
941	936		29.19 (3) participate in the defense.
942	937		29.20 (b) The curriculum must be flexible enough to be delivered in community and correctional
943	938		29.21settings by individuals with various levels of education and qualifications, including but
944	939		29.22not limited to professionals in criminal justice, health care, mental health care, and social
945	940		29.23services. The board must review and update the curriculum as needed.
946	941		29.24 Subd. 2.Certification and distribution.By January 1, 2023, the board must develop
947	942		29.25a process for certifying individuals to deliver the competency restoration attainment
948	943		29.26curriculum and make the curriculum available to every certified competency restoration
949	944		29.27attainment program and forensic navigator in the state. Each competency restoration
950	945		29.28attainment program in the state must use the competency restoration attainment curriculum
951	946		29.29under this section as the foundation for delivering competency restoration attainment
952	947		29.30education and must not substantially alter the content.
953	948		29Sec. 34.
954		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 30.1 Sec. 35. Minnesota Statutes 2022, section 611.59, is amended to read:
	949	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 30.1 Sec. 35. Minnesota Statutes 2022, section 611.59, is amended to read:
955	950		30.2 611.59 COMPETENCY RESTORATION ATTAINMENT PROGRAMS.
956	951		30.3 Subdivision 1.Availability and certification.The board must provide or contract for
957	952		30.4enough competency restoration attainment services to meet the needs of adult defendants
958	953		30.5in each judicial district who are found incompetent to proceed and do not have access to
959	954		30.6competency restoration attainment services as a part of any other programming in which
960	955		30.7they are ordered to participate. The board, in consultation with the Certification Advisory
961	956		30.8Committee, shall develop procedures to certify that the standards in this section are met,
962	957		30.9including procedures for regular recertification of competency restoration attainment
963	958		30.10programs. The board shall maintain a list of programs it has certified competency restoration
964	959		30.11programs on the board's website to be updated and shall update the list of competency
965	960		30.12attainment programs at least once every year.
966	961		30.13 Subd. 2.Competency restoration attainment provider standards.Except for jail-based
967	962		30.14programs, a competency restoration attainment provider must:
968	963		30.15 (1) be able to provide the appropriate mental health or substance use disorder treatment
969	964		30.16ordered by the court, including but not limited to treatment in inpatient, residential, and
970	965		30.17home-based settings;
971	966		30.18 (2) ensure that competency restoration attainment education certified by the board is
972	967		30.19provided to defendants and that regular assessments of defendants' progress in attaining
973	968		30.20competency are documented;
974	969		30.21 (3) designate a head of the program knowledgeable in the processes and requirements
975	970		30.22of the competency to stand trial procedures; and
976	971		30.23 (4) develop staff procedures or designate a person responsible to ensure timely
977	972		30.24communication with the court system.
978	973		30.25 Subd. 3.Jail-based competency restoration attainment standards.Jail-based
979	974		30.26competency restoration attainment programs must be housed in correctional facilities licensed
980	975		30.27by the Department of Corrections under section 241.021 and must:
981	976		30.28 (1) have a designated program director who meets minimum qualification standards set
982	977		30.29by the board, including understanding the requirements of competency to stand trial
983	978		30.30procedures;
984	979		30.31 (2) provide minimum mental health services including:
985	980		30Sec. 35.
986		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 31.1 (i) having multidisciplinary staff sufficient to monitor defendants and provide timely
	981	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 31.1 (i) having multidisciplinary staff sufficient to monitor defendants and provide timely
987	982		31.2assessments, treatment, and referrals as needed, including at least one medical professional
988	983		31.3licensed to prescribe psychiatric medication;
989	984		31.4 (ii) prescribing, dispensing, and administering any medication deemed clinically
990	985		31.5appropriate by qualified medical professionals; and
991	986		31.6 (iii) having policies and procedures for the administration of involuntary medication;
992	987		31.7 (3) ensure that competency restoration attainment education certified by the board is
993	988		31.8provided to defendants and regular assessments of defendants' progress in attaining
994	989		31.9competency to stand trial are documented;
995	990		31.10 (4) develop staff procedures or designate a person responsible to ensure timely
996	991		31.11communication with the court system; and
997	992		31.12 (5) designate a space in the correctional facility for the program.
998	993		31.13 Subd. 4.Program evaluations.(a) The board shall collect the following data:
999	994		31.14 (1) the total number of competency examinations ordered in each judicial district
1000	995		31.15separated by county;
1001	996		31.16 (2) the age, race, and number of unique defendants and for whom at least one competency
1002	997		31.17examination was ordered in each judicial district separated by county;
1003	998		31.18 (3) the age, race, and number of unique defendants found incompetent at least once in
1004	999		31.19each judicial district separated by county; and
1005	1000		31.20 (4) all available data on the level of charge and adjudication of cases with a defendant
1006	1001		31.21found incompetent and whether a forensic navigator was assigned to the case.
1007	1002		31.22 (b) By February 15 of each year, the board must report to the legislative committees and
1008	1003		31.23divisions with jurisdiction over human services, public safety, and the judiciary on the data
1009	1004		31.24collected under this subdivision and may include recommendations for statutory or funding
1010	1005		31.25changes related to competency restoration attainment.
1011	1006		31Sec. 35.
1012		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT 32.1 Sec. 36. Laws 2022, chapter 99, article 3, section 1, is amended to read:
	1007	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT 32.1 Sec. 36. Laws 2022, chapter 99, article 3, section 1, is amended to read:
1013	1008		32.2 Section 1. APPROPRIATION BASE ESTABLISHED; COMPETENCY
1014	1009		32.3RESTORATION ATTAINMENT.
1015	1010		32.4 Subdivision 1.Department of Corrections.The general fund appropriation base for
1016	1011		32.5the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year
1017	1012		32.62025 for correctional facilities inspectors.
1018	1013		32.7 Subd. 2.District courts.The general fund appropriation base for the district courts is
1019	1014		32.8$5,042,000 in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs associated with
1020	1015		32.9additional competency examination costs.
1021	1016		32.10 Subd. 3.State Competency Restoration Attainment Board.The general fund
1022	1017		32.11appropriation base for the State Competency Restoration Attainment Board is $11,350,000
1023	1018		32.12in fiscal year 2024 and $10,900,000 in fiscal year 2025 for staffing and other costs needed
1024	1019		32.13to establish and perform the duties of the State Competency Restoration Attainment Board,
1025	1020		32.14including providing educational services necessary to restore defendants to assist defendants
1026	1021		32.15in attaining competency, or contracting or partnering with other organizations to provide
1027	1022		32.16those services.
1028	1023		32.17Sec. 37. COMPETENCY ATTAINMENT BOARD; ESTABLISHMENT;
1029	1024		32.18APPROPRIATION.
1030	1025		32.19 $250,000 in fiscal year 2023 is appropriated from the general fund to the State
1031	1026		32.20Competency Attainment Board to establish the board, hire an administrator and any other
1032	1027		32.21necessary staff, establish appropriate standards and requirements for a forensic navigator
1033	1028		32.22program, and establish certifications requirements and procedures for competency attainment
1034		-	32.23curriculum and programs. ~~This is a onetime appropriation.~~
	1029	+	32.23curriculum and programs.
1035	1030		32.24Sec. 38. EFFECTIVE DATE.
1036		-	32.25 ~~This act is~~ effective the day following final enactment.
	1031	+	32.25 Sections 1 to 37 are effective the day following final enactment.
1037	1032		32Sec. 38.
1038		-	REVISOR DTT H0121-2HF121 ~~SECOND~~ ENGROSSMENT
	1033	+	REVISOR DTT H0121-1HF121 FIRST ENGROSSMENT