| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to competency attainment; making certain technical changes; appropriating |
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| 3 | 3 | | 1.3 money; amending Minnesota Statutes 2022, sections 611.41, subdivisions 2, 5, 6, |
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| 4 | 4 | | 1.4 7, 8, 9, 10, 13, 14, 16, by adding a subdivision; 611.42, subdivisions 2, 3, 4; 611.43, |
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| 5 | 5 | | 1.5 subdivisions 1, 2, 3; 611.44, subdivisions 1, 2; 611.45, subdivision 3; 611.46, |
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| 6 | 6 | | 1.6 subdivisions 1, 2, 3, 4, 5, 6; 611.47; 611.48; 611.49; 611.51; 611.55; 611.56; |
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| 7 | 7 | | 1.7 611.57; 611.58; 611.59; Laws 2022, chapter 99, article 3, section 1. |
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| 8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 9 | 9 | | 1.9 Section 1. Minnesota Statutes 2022, section 611.41, subdivision 2, is amended to read: |
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| 10 | 10 | | 1.10 Subd. 2.Alternative program."Alternative program" means any mental health or |
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| 11 | 11 | | 1.11substance use disorder treatment or program that is not a certified competency restoration |
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| 12 | 12 | | 1.12attainment program but may assist a defendant in attaining competency. |
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| 13 | 13 | | 1.13 Sec. 2. Minnesota Statutes 2022, section 611.41, is amended by adding a subdivision to |
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| 14 | 14 | | 1.14read: |
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| 15 | 15 | | 1.15 Subd. 4a.Competency."Competency" means the ability to understand criminal |
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| 16 | 16 | | 1.16proceedings, consult with counsel, and participate in the defense. |
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| 17 | 17 | | 1.17 Sec. 3. Minnesota Statutes 2022, section 611.41, subdivision 5, is amended to read: |
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| 18 | 18 | | 1.18 Subd. 5.Competency restoration attainment program."Competency restoration |
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| 19 | 19 | | 1.19attainment program" means a structured program of clinical and educational services that |
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| 20 | 20 | | 1.20is certified and designed to identify and address barriers to a defendant's ability to understand |
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| 21 | 21 | | 1.21the criminal proceedings, consult with counsel, and participate in the defense. |
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| 22 | 22 | | 1Sec. 3. |
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| 49 | | - | 2.19paragraph (b), clause (3), hired or contracted to facilitate competency attainment services, |
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| 50 | | - | 2.20supervise certain defendants found to be incompetent, prepare bridge plans, and provides |
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| 51 | | - | 2.21provide the other services under section 611.55, subdivision 3. |
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| 52 | | - | 2.22 Sec. 7. Minnesota Statutes 2022, section 611.41, subdivision 9, is amended to read: |
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| 53 | | - | 2.23 Subd. 9.Head of the program."Head of the program" means the head of the competency |
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| 54 | | - | 2.24restoration attainment program or the head of the facility or program where the defendant |
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| 55 | | - | 2.25is being served. |
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| 56 | | - | 2.26 Sec. 8. Minnesota Statutes 2022, section 611.41, subdivision 10, is amended to read: |
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| 57 | | - | 2.27 Subd. 10.Jail-based program."Jail-based program" means a competency restoration |
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| 58 | | - | 2.28attainment program that operates within a correctional facility licensed by the commissioner |
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| 59 | | - | 2.29of corrections under section 241.021 that meets the capacity standards governing jail facilities. |
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| 60 | | - | 2.30A jail-based program may not be granted a variance to exceed its operational capacity. |
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| 48 | + | 2.19paragraph (b), clause (3), hired or contracted to facilitate competency examinations and a |
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| 49 | + | 2.20defendant's participation in competency attainment services, supervise certain defendants |
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| 50 | + | 2.21found to be incompetent, prepare bridge plans, and provides provide the other services under |
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| 51 | + | 2.22section 611.55, subdivision 3. |
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| 52 | + | 2.23 Sec. 7. Minnesota Statutes 2022, section 611.41, subdivision 9, is amended to read: |
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| 53 | + | 2.24 Subd. 9.Head of the program."Head of the program" means the head of the competency |
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| 54 | + | 2.25restoration attainment program or the head of the facility or program where the defendant |
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| 55 | + | 2.26is being served. |
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| 56 | + | 2.27 Sec. 8. Minnesota Statutes 2022, section 611.41, subdivision 10, is amended to read: |
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| 57 | + | 2.28 Subd. 10.Jail-based program."Jail-based program" means a competency restoration |
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| 58 | + | 2.29attainment program that operates within a correctional facility licensed by the commissioner |
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| 59 | + | 2.30of corrections under section 241.021 that meets the capacity standards governing jail facilities. |
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| 60 | + | 2.31A jail-based program may not be granted a variance to exceed its operational capacity. |
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| 63 | 63 | | 3.2 Subd. 13.State-operated treatment program."State-operated treatment program" |
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| 64 | 64 | | 3.3means any state-operated program, including community behavioral health hospitals hospital, |
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| 65 | 65 | | 3.4crisis centers center, residential facilities facility, outpatient services service, and or other |
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| 66 | 66 | | 3.5community-based services developed and program operated by the state and under the |
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| 67 | 67 | | 3.6control of the commissioner of human services, for a person who has mental illness, |
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| 68 | 68 | | 3.7developmental disability, or substance use disorder. |
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| 69 | 69 | | 3.8 Sec. 10. Minnesota Statutes 2022, section 611.41, subdivision 14, is amended to read: |
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| 70 | 70 | | 3.9 Subd. 14.Suspend the criminal proceedings."Suspend the criminal proceedings" |
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| 71 | 71 | | 3.10means nothing can be heard or decided on to cease all hearings and decisions regarding the |
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| 72 | 72 | | 3.11merits of the criminal charges except that but not terminate the jurisdiction of the court |
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| 73 | 73 | | 3.12retains jurisdiction in all or prevent hearings or decisions in any other matters, including |
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| 74 | 74 | | 3.13but not limited to establishing or modifying bail, conditions of release, probation conditions, |
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| 75 | 75 | | 3.14no contact orders, and appointment of counsel. |
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| 76 | 76 | | 3.15 Sec. 11. Minnesota Statutes 2022, section 611.41, subdivision 16, is amended to read: |
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| 77 | 77 | | 3.16 Subd. 16.Treatment facility."Treatment facility" means a non-state-operated hospital, |
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| 78 | 78 | | 3.17residential treatment provider, crisis residential withdrawal management center, or corporate |
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| 79 | 79 | | 3.18foster care home that is not operated by the state and is qualified to provide care and treatment |
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| 80 | 80 | | 3.19for persons who have mental illness, developmental disability, or substance use disorder. |
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| 81 | 81 | | 3.20 Sec. 12. Minnesota Statutes 2022, section 611.42, subdivision 2, is amended to read: |
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| 82 | 82 | | 3.21 Subd. 2.Waiver of counsel in competency proceedings.(a) A defendant must not be |
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| 83 | 83 | | 3.22allowed to waive counsel if the defendant lacks ability to: |
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| 84 | 84 | | 3.23 (1) knowingly, voluntarily, and intelligently waive the right to counsel; |
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| 85 | 85 | | 3.24 (2) appreciate the consequences of proceeding without counsel; |
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| 86 | 86 | | 3.25 (3) comprehend the nature of the charge; |
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| 87 | 87 | | 3.26 (4) comprehend the nature of the proceedings; |
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| 88 | 88 | | 3.27 (5) comprehend the possible punishment; or |
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| 89 | 89 | | 3.28 (6) comprehend any other matters essential to understanding the case. |
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| 90 | 90 | | 3.29 (b) The court must not proceed under this law section before a lawyer consults with the |
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| 91 | 91 | | 3.30defendant and has an opportunity to be heard. |
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| 92 | 92 | | 3Sec. 12. |
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| 94 | 94 | | 4.2 Subd. 3.Competency motion.(a) At any time, the prosecutor or defense counsel may |
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| 95 | 95 | | 4.3make a motion challenging the defendant's competency, or the court on its initiative may |
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| 96 | 96 | | 4.4raise the issue. The defendant's consent is not required to bring a competency motion. The |
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| 97 | 97 | | 4.5motion shall be supported by specific facts but shall not include communications between |
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| 98 | 98 | | 4.6the defendant and defense counsel if disclosure would violate attorney-client privilege. By |
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| 99 | 99 | | 4.7bringing the motion, the defendant does not waive attorney-client privilege. |
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| 100 | 100 | | 4.8 (b) If competency is at issue, the court shall appoint a forensic navigator to provide the |
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| 101 | 101 | | 4.9forensic navigator services described in section 611.55 for the defendant, including |
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| 102 | 102 | | 4.10development of a specific bridge plan to identify appropriate housing and services if the |
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| 103 | 103 | | 4.11defendant is released from custody or any charges are dismissed. |
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| 104 | 104 | | 4.12 (c) In felony, gross misdemeanor, and targeted misdemeanor cases, if the court determines |
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| 105 | 105 | | 4.13there is a reasonable basis to doubt the defendant's competence competency and there is |
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| 106 | 106 | | 4.14probable cause for the charge, the court must suspend the criminal proceedings and order |
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| 107 | 107 | | 4.15an examination of the defendant under section 611.43. |
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| 108 | 108 | | 4.16 (d) In misdemeanor cases, other than cases involving a targeted misdemeanor, if the |
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| 109 | 109 | | 4.17court determines there is a reasonable basis to doubt the defendant's competence competency |
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| 110 | 110 | | 4.18and there is probable cause for the charge, the court must suspend the criminal proceedings. |
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| 111 | 111 | | 4.19The court may order an examination of the defendant under section 611.43 if the examination |
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| 112 | 112 | | 4.20is in the public interest. For purposes of this paragraph, an examination is in the public |
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| 113 | 113 | | 4.21interest when it is necessary to assess whether the defendant has a cognitive impairment or |
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| 114 | 114 | | 4.22mental illness; determine whether a defendant has the ability to access housing, food, income, |
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| 115 | 115 | | 4.23disability verification, medications, and treatment for medical conditions; or whether a |
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| 116 | 116 | | 4.24defendant has the ability to otherwise address any basic needs. The court shall order the |
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| 117 | 117 | | 4.25forensic navigator to complete a bridge plan as described in section 611.55, subdivision 4, |
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| 118 | 118 | | 4.26and submit it to the court. The court may dismiss the charge upon receipt of the bridge plan |
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| 119 | 119 | | 4.27without holding a hearing unless either party objects. |
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| 120 | 120 | | 4.28 Sec. 14. Minnesota Statutes 2022, section 611.42, subdivision 4, is amended to read: |
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| 121 | 121 | | 4.29 Subd. 4.Dismissal, referrals for services, and collaboration.(a) Except as provided |
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| 122 | 122 | | 4.30in this subdivision, when the court determines there is a reasonable basis to doubt the a |
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| 123 | 123 | | 4.31defendant's competence competency and orders an examination of the defendant, a forensic |
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| 124 | 124 | | 4.32navigator must complete a bridge plan with the defendant as described in section 611.55, |
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| 125 | 125 | | 4.33subdivision 4, submit the bridge plan to the court, and provide a written copy to the defendant |
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| 126 | 126 | | 4.34before the court or prosecutor dismisses any charges based on a belief or finding that the |
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| 127 | 127 | | 4Sec. 14. |
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| 129 | 129 | | 5.2a misdemeanor, other than a targeted misdemeanor, without holding a hearing unless either |
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| 130 | 130 | | 5.3party objects. |
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| 131 | 131 | | 5.4 (b) If for any reason a forensic navigator has not been appointed, the court must make |
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| 132 | 132 | | 5.5every reasonable effort to coordinate with any resources available to the court and refer the |
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| 133 | 133 | | 5.6defendant for possible assessment and social services, including but not limited to services |
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| 134 | 134 | | 5.7for engagement under section 253B.041, before dismissing any charges based on a finding |
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| 135 | 135 | | 5.8that the defendant is incompetent. |
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| 136 | 136 | | 5.9 (c) If working with the forensic navigator or coordinating a referral to services would |
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| 137 | 137 | | 5.10cause an unreasonable delay in the release of a defendant being held in custody, the court |
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| 138 | 138 | | 5.11may release the defendant. If a defendant has not been engaged for assessment and referral |
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| 139 | 139 | | 5.12before release, the court may coordinate with the forensic navigator or any resources available |
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| 140 | 140 | | 5.13to the court to engage the defendant for up to 90 days after release. |
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| 141 | 141 | | 5.14 (d) Courts may partner and collaborate with county social services, community-based |
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| 142 | 142 | | 5.15programs, jails, and any other available resource available to the court to provide referrals |
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| 143 | 143 | | 5.16to services when a defendant's competency is at issue or a defendant has been found |
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| 144 | 144 | | 5.17incompetent to proceed. |
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| 145 | 145 | | 5.18 (e) Counsel for the defendant may bring a motion to dismiss the proceedings in the |
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| 146 | 146 | | 5.19interest of justice at any stage of the proceedings. |
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| 147 | 147 | | 5.20 Sec. 15. Minnesota Statutes 2022, section 611.43, subdivision 1, is amended to read: |
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| 148 | 148 | | 5.21 Subdivision 1.Competency examination.(a) If the court orders an examination pursuant |
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| 149 | 149 | | 5.22to section 611.42, subdivision 3, the court shall appoint a court examiner to examine the |
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| 150 | 150 | | 5.23defendant and report to the court on the defendant's competency to proceed. A court examiner |
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| 151 | 151 | | 5.24may obtain from court administration and review the report of any prior or subsequent |
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| 152 | 152 | | 5.25examination under this section or under Minnesota Rules of Criminal Procedure, rule 20. |
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| 153 | 153 | | 5.26 (b) If the defendant is not entitled to release, the court shall order the defendant to |
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| 154 | 154 | | 5.27participate in an examination where the defendant is being held, or the court may order that |
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| 155 | 155 | | 5.28the defendant be confined in a treatment facility, locked treatment facility, or a state-operated |
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| 156 | 156 | | 5.29treatment facility until the examination is completed. |
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| 157 | 157 | | 5.30 (c) If the defendant is entitled to release, the court shall order the defendant to appear |
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| 158 | 158 | | 5.31for an examination. If the defendant fails to appear at an examination, the court may amend |
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| 159 | 159 | | 5.32the conditions of release and bail pursuant to Minnesota Rules of Criminal Procedure, rule |
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| 160 | 160 | | 5.336. |
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| 161 | 161 | | 5Sec. 15. |
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| 163 | 163 | | 6.2rule 20.04, shall proceed under subdivision 2 this section. |
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| 164 | 164 | | 6.3 Sec. 16. Minnesota Statutes 2022, section 611.43, subdivision 2, is amended to read: |
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| 165 | 165 | | 6.4 Subd. 2.Report of examination.(a) The court-appointed court examiner's written report |
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| 166 | 166 | | 6.5shall be filed with the court and served on provided to the prosecutor and defense counsel |
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| 167 | 167 | | 6.6by the court. The report shall be filed no more than 30 days after the order for examination |
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| 168 | 168 | | 6.7of a defendant in custody unless extended by the court for good cause. If the defendant is |
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| 169 | 169 | | 6.8out of custody or confined in a noncorrectional state-operated treatment program or treatment |
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| 170 | 170 | | 6.9facility, the report shall be filed no more than 60 days after the order for examination, unless |
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| 171 | 171 | | 6.10extended by the court for good cause. The report shall not include opinions concerning the |
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| 172 | 172 | | 6.11defendant's mental condition at the time of the alleged offense or any statements made by |
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| 173 | 173 | | 6.12the defendant regarding the alleged criminal conduct, unless necessary to support the |
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| 174 | 174 | | 6.13examiner's opinion regarding competence or incompetence. |
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| 175 | 175 | | 6.14 (b) The report shall include an evaluation of the defendant's mental health, cognition, |
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| 176 | 176 | | 6.15and the factual basis for opinions about: |
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| 177 | 177 | | 6.16 (1) any diagnoses made, and the results of any testing conducted with the defendant; |
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| 178 | 178 | | 6.17 (2) the defendant's competency to stand trial; |
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| 179 | 179 | | 6.18 (3) the level of care and education required for the defendant to attain, be restored to, |
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| 180 | 180 | | 6.19or maintain competency; |
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| 181 | 181 | | 6.20 (4) a recommendation of the least restrictive setting appropriate to meet the defendant's |
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| 182 | 182 | | 6.21needs for restoration attaining competency and immediate safety; |
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| 183 | 183 | | 6.22 (5) the impact of any substance use disorder on the defendant, including the defendant's |
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| 184 | 184 | | 6.23competency, and any recommendations for treatment; |
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| 185 | 185 | | 6.24 (6) the likelihood the defendant will attain competency in the reasonably foreseeable |
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| 186 | 186 | | 6.25future; |
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| 187 | 187 | | 6.26 (7) whether the defendant poses a substantial likelihood of physical harm to self or |
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| 188 | 188 | | 6.27others; and |
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| 189 | 189 | | 6.28 (8) if the court examiner's opinion is that the defendant is incompetent to proceed, the |
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| 190 | 190 | | 6.29report must include an opinion as to whether the defendant possesses capacity to make |
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| 191 | 191 | | 6.30decisions regarding neuroleptic medication unless the examiner is unable to render an |
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| 192 | 192 | | 6.31opinion on capacity. If the examiner is unable to render an opinion on capacity, the report |
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| 193 | 193 | | 6.32must document the reasons why the examiner is unable to render that opinion. |
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| 194 | 194 | | 6Sec. 16. |
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| 196 | 196 | | 7.2serious danger to another, is imminently suicidal, or otherwise needs emergency intervention, |
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| 197 | 197 | | 7.3the examiner must promptly notify the court, prosecutor, defense counsel, and those |
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| 198 | 198 | | 7.4responsible for the care and custody of the defendant. |
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| 199 | 199 | | 7.5 (d) If the defendant appears for the examination but does not participate, the court |
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| 200 | 200 | | 7.6examiner shall submit a report and, if sufficient information is available, may render an |
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| 201 | 201 | | 7.7opinion on competency and an opinion as to whether the unwillingness to participate resulted |
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| 202 | 202 | | 7.8from a mental illness, cognitive impairment, or other factors. |
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| 203 | 203 | | 7.9 (e) If the court examiner determines the defendant would benefit from services for |
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| 204 | 204 | | 7.10engagement in mental health treatment under section 253B.041 or any other referral to |
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| 205 | 205 | | 7.11social services, the court examiner may recommend referral of the defendant to services |
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| 206 | 206 | | 7.12where available. |
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| 207 | 207 | | 7.13 Sec. 17. Minnesota Statutes 2022, section 611.43, subdivision 3, is amended to read: |
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| 208 | 208 | | 7.14 Subd. 3.Additional examination.If either the prosecutor or defense counsel intends |
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| 209 | 209 | | 7.15to retain an independent examiner, the party shall provide notice to the court and opposing |
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| 210 | 210 | | 7.16counsel no later than ten days after the date of receipt of the court-appointed court examiner's |
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| 211 | 211 | | 7.17report. If an independent examiner is retained, the independent examiner's report shall be |
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| 212 | 212 | | 7.18filed no more than 30 days after the date a party files notice of intent to retain an independent |
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| 213 | 213 | | 7.19examiner, unless extended by the court for good cause. |
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| 214 | 214 | | 7.20 Sec. 18. Minnesota Statutes 2022, section 611.44, subdivision 1, is amended to read: |
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| 215 | 215 | | 7.21 Subdivision 1.Request for hearing.(a) The prosecutor or defense counsel may request |
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| 216 | 216 | | 7.22a hearing on the court-appointed court examiner's competency report by filing a written |
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| 217 | 217 | | 7.23objection no later than ten days after the report is filed. |
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| 218 | 218 | | 7.24 (b) A hearing shall be held as soon as possible but no longer than 30 days after the |
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| 219 | 219 | | 7.25request, unless extended by agreement of the prosecutor and defense counsel, or by the |
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| 220 | 220 | | 7.26court for good cause. |
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| 221 | 221 | | 7.27 (c) If an independent court examiner is retained, the hearing may be continued up to 14 |
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| 222 | 222 | | 7.28days after the date the independent court examiner's report is filed. The court may continue |
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| 223 | 223 | | 7.29the hearing for good cause. |
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| 224 | 224 | | 7Sec. 18. |
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| 226 | 226 | | 8.2 Subd. 2.Competency hearing.(a) The court may admit all relevant and reliable evidence |
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| 227 | 227 | | 8.3at the competency hearing. The court-appointed court examiner is considered the court's |
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| 228 | 228 | | 8.4witness and may be called and questioned by the court, prosecutor, or defense counsel. The |
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| 229 | 229 | | 8.5report of the court-appointed court examiner shall be admitted into evidence without further |
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| 230 | 230 | | 8.6foundation. |
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| 231 | 231 | | 8.7 (b) Defense counsel may testify, subject to the prosecutor's cross-examination, but shall |
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| 232 | 232 | | 8.8not violate attorney-client privilege. Testifying does not automatically disqualify defense |
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| 233 | 233 | | 8.9counsel from continuing to represent the defendant. The court may inquire of defense counsel |
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| 234 | 234 | | 8.10regarding the attorney-client relationship and the defendant's ability to communicate with |
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| 235 | 235 | | 8.11counsel. The court shall not require counsel to divulge communications protected by |
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| 236 | 236 | | 8.12attorney-client privilege, and the prosecutor shall not cross-examine defense counsel |
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| 237 | 237 | | 8.13concerning responses to the court's inquiry. |
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| 238 | 238 | | 8.14 Sec. 20. Minnesota Statutes 2022, section 611.45, subdivision 3, is amended to read: |
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| 239 | 239 | | 8.15 Subd. 3.Dismissal of criminal charge.(a) If the court finds the defendant incompetent, |
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| 240 | 240 | | 8.16and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be |
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| 241 | 241 | | 8.17dismissed. |
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| 242 | 242 | | 8.18 (b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed |
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| 243 | 243 | | 8.1930 days after the date of the finding of incompetence, unless the prosecutor, before the |
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| 244 | 244 | | 8.20expiration of the 30-day period, files a written notice of intent to prosecute when the |
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| 245 | 245 | | 8.21defendant regains attains competency. If a notice has been filed and the charge is a targeted |
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| 246 | 246 | | 8.22misdemeanor, charges must be dismissed within one year after the finding of incompetency. |
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| 247 | 247 | | 8.23If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed |
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| 248 | 248 | | 8.24within two years after the finding of incompetency. |
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| 249 | 249 | | 8.25 (c) In felony cases, except as provided in paragraph (d), the charges must be dismissed |
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| 250 | 250 | | 8.26three years after the date of the finding of incompetency, unless the prosecutor, before the |
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| 251 | 251 | | 8.27expiration of the three-year period, files a written notice of intent to prosecute when the |
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| 252 | 252 | | 8.28defendant regains attains competency. If a notice has been filed, charges must be dismissed |
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| 253 | 253 | | 8.29within five years after the finding of incompetency or ten years if the maximum sentence |
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| 254 | 254 | | 8.30for the crime with which the defendant is charged is ten years or more. |
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| 255 | 255 | | 8.31 (d) The requirement that felony charges be dismissed under paragraph (c) does not apply |
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| 256 | 256 | | 8.32if: |
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| 257 | 257 | | 8Sec. 20. |
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| 259 | 259 | | 9.2or |
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| 260 | 260 | | 9.3 (2) the defendant is charged with a violation of sections 609.185 (murder in the first |
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| 261 | 261 | | 9.4degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 |
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| 262 | 262 | | 9.5(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112 |
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| 263 | 263 | | 9.6(criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death |
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| 264 | 264 | | 9.7to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662 |
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| 265 | 265 | | 9.8(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in |
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| 266 | 266 | | 9.9the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 |
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| 267 | 267 | | 9.10(manslaughter of an unborn child in the second degree); or a crime of violence as defined |
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| 268 | 268 | | 9.11in section 624.712, subdivision 5, except for a violation of chapter 152. |
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| 269 | 269 | | 9.12 (e) Nothing in this subdivision requires dismissal of any charge if the court finds the |
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| 270 | 270 | | 9.13defendant competent and enters an order directing that the criminal proceedings shall resume. |
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| 271 | 271 | | 9.14 Sec. 21. Minnesota Statutes 2022, section 611.46, subdivision 1, is amended to read: |
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| 272 | 272 | | 9.15 Subdivision 1.Order to competency restoration attainment program.(a) If the court |
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| 273 | 273 | | 9.16finds the defendant incompetent and the charges have not been dismissed, the court shall |
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| 274 | 274 | | 9.17order the defendant to participate in a competency restoration program to restore assist the |
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| 275 | 275 | | 9.18defendant's competence defendant in attaining competency. The court may order participation |
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| 276 | 276 | | 9.19in a competency restoration attainment program provided outside of a jail, a jail-based |
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| 277 | 277 | | 9.20competency restoration attainment program, or an alternative program. The court must |
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| 278 | 278 | | 9.21determine the least-restrictive program appropriate to meet the defendant's needs and public |
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| 279 | 279 | | 9.22safety. In making this determination, the court must consult with the forensic navigator and |
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| 280 | 280 | | 9.23consider any recommendations of the court examiner. The court shall not order a defendant |
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| 281 | 281 | | 9.24to participate in a jail-based program or a state-operated treatment program if the highest |
|---|
| 282 | 282 | | 9.25criminal charge is a misdemeanor or targeted misdemeanor. |
|---|
| 283 | 283 | | 9.26 (b) If the court orders the defendant to a locked treatment facility or jail-based program, |
|---|
| 284 | 284 | | 9.27the court must calculate the defendant's custody credit and cannot order the defendant to a |
|---|
| 285 | 285 | | 9.28locked treatment facility or jail-based program for a period that would cause the defendant's |
|---|
| 286 | 286 | | 9.29custody credit to exceed the maximum sentence for the underlying charge. |
|---|
| 293 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 10.1commissioner of human services or a designee determines that admission of the defendant |
|---|
| 294 | | - | 10.2is clinically appropriate and consents to the defendant's admission. The court may require |
|---|
| 295 | | - | 10.3a certified competency program that qualifies as a locked facility or a state-operated treatment |
|---|
| 296 | | - | 10.4program to notify the court in writing of the basis for refusing consent for admission of the |
|---|
| 297 | | - | 10.5defendant in order to ensure transparency and maintain an accurate record. The court may |
|---|
| 298 | | - | 10.6not require personal appearance of any representative of a certified competency program. |
|---|
| 299 | | - | 10.7The court shall send a written request for notification to the locked facility or state-operated |
|---|
| 300 | | - | 10.8treatment program and the locked facility or state-operated treatment program shall provide |
|---|
| 301 | | - | 10.9a written response to the court within ten days of receipt of the court's request. |
|---|
| 302 | | - | 10.10 (c) (d) If the defendant is confined in jail and has not received competency restoration |
|---|
| 303 | | - | 10.11attainment services within 30 days of the finding of incompetency, the court shall review |
|---|
| 304 | | - | 10.12the case with input from the prosecutor and defense counsel and may: |
|---|
| 305 | | - | 10.13 (1) order the defendant to participate in an appropriate competency restoration attainment |
|---|
| 306 | | - | 10.14program that takes place outside of a jail; |
|---|
| 307 | | - | 10.15 (2) conditionally order a conditional release of the defendant, including with conditions |
|---|
| 308 | | - | 10.16that include but are not limited to conditions a requirement that the defendant participate |
|---|
| 309 | | - | 10.17in a competency restoration attainment program when one becomes available and accessible; |
|---|
| 310 | | - | 10.18 (3) make a determination as to whether the defendant is likely to attain competency in |
|---|
| 311 | | - | 10.19the reasonably foreseeable future and proceed under section 611.49; or |
|---|
| 312 | | - | 10.20 (4) upon a motion, dismiss the charges in the interest of justice. |
|---|
| 313 | | - | 10.21 (d) Upon the order to a competency restoration program or alternative program, (e) The |
|---|
| 314 | | - | 10.22court may order any hospital, treatment facility, or correctional facility that has provided |
|---|
| 315 | | - | 10.23care or supervision to the a defendant in the previous two years to provide copies of the |
|---|
| 316 | | - | 10.24defendant's medical records to the competency restoration attainment program or alternative |
|---|
| 317 | | - | 10.25program in which the defendant was ordered to participate. This information shall be provided |
|---|
| 318 | | - | 10.26in a consistent and timely manner and pursuant to all applicable laws. |
|---|
| 319 | | - | 10.27 (e) (f) If at any time the defendant refuses to participate in a competency restoration |
|---|
| 320 | | - | 10.28attainment program or an alternative program, the head of the program shall notify the court |
|---|
| 321 | | - | 10.29and any entity responsible for supervision of the defendant. |
|---|
| 322 | | - | 10.30 (f) (g) At any time, the head of the program may discharge the defendant from the |
|---|
| 323 | | - | 10.31program or facility. The head of the program must notify the court, prosecutor, defense |
|---|
| 324 | | - | 10.32counsel, and any entity responsible for the supervision of the defendant prior to any planned |
|---|
| 325 | | - | 10.33discharge. Absent emergency circumstances, this notification shall be made five days prior |
|---|
| 293 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 10.1this section if the commissioner of human services or a designee determines that admission |
|---|
| 294 | + | 10.2of the defendant is clinically appropriate and consents to the defendant's admission. The |
|---|
| 295 | + | 10.3court may require a certified competency program that qualifies as a locked facility or a |
|---|
| 296 | + | 10.4state-operated treatment program to notify the court in writing of the basis for refusing |
|---|
| 297 | + | 10.5consent for admission of the defendant in order to ensure transparency and maintain an |
|---|
| 298 | + | 10.6accurate record. The court may not require personal appearance of any representative of a |
|---|
| 299 | + | 10.7certified competency program. The court shall send a written request for notification to the |
|---|
| 300 | + | 10.8locked facility or state-operated treatment program and the locked facility or state-operated |
|---|
| 301 | + | 10.9treatment program shall provide a written response to the court within ten days of receipt |
|---|
| 302 | + | 10.10of the court's request. |
|---|
| 303 | + | 10.11 (c) (d) If the defendant is confined in jail and has not received competency restoration |
|---|
| 304 | + | 10.12attainment services within 30 days of the finding of incompetency, the court shall review |
|---|
| 305 | + | 10.13the case with input from the prosecutor and defense counsel and may: |
|---|
| 306 | + | 10.14 (1) order the defendant to participate in an appropriate competency restoration attainment |
|---|
| 307 | + | 10.15program that takes place outside of a jail; |
|---|
| 308 | + | 10.16 (2) conditionally order a conditional release of the defendant, including with conditions |
|---|
| 309 | + | 10.17that include but are not limited to conditions a requirement that the defendant participate |
|---|
| 310 | + | 10.18in a competency restoration attainment program when one becomes available and accessible; |
|---|
| 311 | + | 10.19 (3) make a determination as to whether the defendant is likely to attain competency in |
|---|
| 312 | + | 10.20the reasonably foreseeable future and proceed under section 611.49; or |
|---|
| 313 | + | 10.21 (4) upon a motion, dismiss the charges in the interest of justice. |
|---|
| 314 | + | 10.22 (d) Upon the order to a competency restoration program or alternative program, (e) The |
|---|
| 315 | + | 10.23court may order any hospital, treatment facility, or correctional facility that has provided |
|---|
| 316 | + | 10.24care or supervision to the a defendant in the previous two years to provide copies of the |
|---|
| 317 | + | 10.25defendant's medical records to the competency restoration attainment program or alternative |
|---|
| 318 | + | 10.26program in which the defendant was ordered to participate. This information shall be provided |
|---|
| 319 | + | 10.27in a consistent and timely manner and pursuant to all applicable laws. |
|---|
| 320 | + | 10.28 (e) (f) If at any time the defendant refuses to participate in a competency restoration |
|---|
| 321 | + | 10.29attainment program or an alternative program, the head of the program shall notify the court |
|---|
| 322 | + | 10.30and any entity responsible for supervision of the defendant. |
|---|
| 323 | + | 10.31 (f) (g) At any time, the head of the program may discharge the defendant from the |
|---|
| 324 | + | 10.32program or facility. The head of the program must notify the court, prosecutor, defense |
|---|
| 325 | + | 10.33counsel, and any entity responsible for the supervision of the defendant prior to any planned |
|---|
| 327 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 11.1to the discharge if the defendant is not being discharged to jail or a correctional facility. |
|---|
| 328 | | - | 11.2Upon the receipt of notification of discharge or upon the request of either party in response |
|---|
| 329 | | - | 11.3to notification of discharge, the court may order that a defendant who is subject to bail or |
|---|
| 330 | | - | 11.4unmet conditions of release be returned to jail upon being discharged from the program or |
|---|
| 331 | | - | 11.5facility. If the court orders a defendant returned to jail, the court shall notify the parties and |
|---|
| 332 | | - | 11.6head of the program at least one day before the defendant's planned discharge, except in |
|---|
| 333 | | - | 11.7the event of an emergency discharge where one day notice is not possible. The court must |
|---|
| 334 | | - | 11.8hold a review hearing within seven days of the defendant's return to jail. The forensic |
|---|
| 335 | | - | 11.9navigator must be given notice of the hearing and be allowed to participate. |
|---|
| 336 | | - | 11.10 (g) (h) If the defendant is discharged from the program or facility under emergency |
|---|
| 337 | | - | 11.11circumstances, notification of emergency discharge shall include a description of the |
|---|
| 338 | | - | 11.12emergency circumstances and may include a request for emergency transportation. The |
|---|
| 339 | | - | 11.13court shall make a determination on a request for emergency transportation within 24 hours. |
|---|
| 340 | | - | 11.14Nothing in this section prohibits a law enforcement agency from transporting a defendant |
|---|
| 341 | | - | 11.15pursuant to any other authority. |
|---|
| 342 | | - | 11.16Sec. 22. Minnesota Statutes 2022, section 611.46, subdivision 2, is amended to read: |
|---|
| 343 | | - | 11.17 Subd. 2.Supervision.(a) Upon a finding of incompetency, if the defendant is entitled |
|---|
| 344 | | - | 11.18to release, the court must determine whether the defendant requires pretrial supervision. |
|---|
| 345 | | - | 11.19The court must weigh public safety risks against the defendant's interests in remaining free |
|---|
| 346 | | - | 11.20from supervision while presumed innocent in the criminal proceedings. The court may use |
|---|
| 347 | | - | 11.21a validated and equitable risk assessment tool to determine whether supervision is necessary. |
|---|
| 348 | | - | 11.22 (b) If the court determines that the defendant requires pretrial supervision, the court shall |
|---|
| 349 | | - | 11.23direct the forensic navigator to conduct pretrial supervision and report violations to the |
|---|
| 350 | | - | 11.24court. The forensic navigator shall be responsible for the supervision of the defendant until |
|---|
| 351 | | - | 11.25ordered otherwise by the court. |
|---|
| 352 | | - | 11.26 (c) Upon application by the prosecutor, the forensic navigator, other entity or its designee |
|---|
| 353 | | - | 11.27assigned to supervise the defendant, or court services alleging that the defendant violated |
|---|
| 354 | | - | 11.28a condition of release and is a risk to public safety, the court shall follow the procedures |
|---|
| 355 | | - | 11.29under Rules of Criminal Procedure, rule 6. Any hearing on the alleged violation of release |
|---|
| 356 | | - | 11.30conditions shall be held no more than 15 days after the date of issuance of a summons or |
|---|
| 357 | | - | 11.31within 72 hours if the defendant is apprehended on a warrant. |
|---|
| 358 | | - | 11.32 (d) If the court finds a violation, the court may revise the conditions of release and bail |
|---|
| 359 | | - | 11.33as appropriate pursuant to Minnesota Rules of Criminal Procedure, including but not limited |
|---|
| 327 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 11.1discharge. Absent emergency circumstances, this notification shall be made five days prior |
|---|
| 328 | + | 11.2to the discharge if the defendant is not being discharged to jail or a correctional facility. |
|---|
| 329 | + | 11.3Upon the receipt of notification of discharge or upon the request of either party in response |
|---|
| 330 | + | 11.4to notification of discharge, the court may order that a defendant who is subject to bail or |
|---|
| 331 | + | 11.5unmet conditions of release be returned to jail upon being discharged from the program or |
|---|
| 332 | + | 11.6facility. If the court orders a defendant returned to jail, the court shall notify the parties and |
|---|
| 333 | + | 11.7head of the program at least one day before the defendant's planned discharge, except in |
|---|
| 334 | + | 11.8the event of an emergency discharge where one day notice is not possible. The court must |
|---|
| 335 | + | 11.9hold a review hearing within seven days of the defendant's return to jail. The forensic |
|---|
| 336 | + | 11.10navigator must be given notice of the hearing and be allowed to participate. |
|---|
| 337 | + | 11.11 (g) (h) If the defendant is discharged from the program or facility under emergency |
|---|
| 338 | + | 11.12circumstances, notification of emergency discharge shall include a description of the |
|---|
| 339 | + | 11.13emergency circumstances and may include a request for emergency transportation. The |
|---|
| 340 | + | 11.14court shall make a determination on a request for emergency transportation within 24 hours. |
|---|
| 341 | + | 11.15Nothing in this section prohibits a law enforcement agency from transporting a defendant |
|---|
| 342 | + | 11.16pursuant to any other authority. |
|---|
| 343 | + | 11.17Sec. 22. Minnesota Statutes 2022, section 611.46, subdivision 2, is amended to read: |
|---|
| 344 | + | 11.18 Subd. 2.Supervision.(a) Upon a finding of incompetency, if the defendant is entitled |
|---|
| 345 | + | 11.19to release, the court must determine whether the defendant requires pretrial supervision. |
|---|
| 346 | + | 11.20The court must weigh public safety risks against the defendant's interests in remaining free |
|---|
| 347 | + | 11.21from supervision while presumed innocent in the criminal proceedings. The court may use |
|---|
| 348 | + | 11.22a validated and equitable risk assessment tool to determine whether supervision is necessary. |
|---|
| 349 | + | 11.23 (b) If the court determines that the defendant requires pretrial supervision, the court shall |
|---|
| 350 | + | 11.24direct the forensic navigator to conduct pretrial supervision and report violations to the |
|---|
| 351 | + | 11.25court. The forensic navigator shall be responsible for the supervision of the defendant until |
|---|
| 352 | + | 11.26ordered otherwise by the court. |
|---|
| 353 | + | 11.27 (c) Upon application by the prosecutor, the forensic navigator, other entity or its designee |
|---|
| 354 | + | 11.28assigned to supervise the defendant, or court services alleging that the defendant violated |
|---|
| 355 | + | 11.29a condition of release and is a risk to public safety, the court shall follow the procedures |
|---|
| 356 | + | 11.30under Rules of Criminal Procedure, rule 6. Any hearing on the alleged violation of release |
|---|
| 357 | + | 11.31conditions shall be held no more than 15 days after the date of issuance of a summons or |
|---|
| 358 | + | 11.32within 72 hours if the defendant is apprehended on a warrant. |
|---|
| 359 | + | 11.33 (d) If the court finds a violation, the court may revise the conditions of release and bail |
|---|
| 360 | + | 11.34as appropriate pursuant to Minnesota Rules of Criminal Procedure, including but not limited |
|---|
| 362 | 363 | | 12.2competency restoration attainment program or alternative program under this section. |
|---|
| 363 | 364 | | 12.3 (e) The court must review conditions of release and bail on request of any party and may |
|---|
| 364 | 365 | | 12.4amend the conditions of release or make any other reasonable order upon receipt of |
|---|
| 365 | 366 | | 12.5information that the pretrial detention of a defendant has interfered with the defendant |
|---|
| 366 | 367 | | 12.6attaining competency. |
|---|
| 367 | 368 | | 12.7 Sec. 23. Minnesota Statutes 2022, section 611.46, subdivision 3, is amended to read: |
|---|
| 368 | 369 | | 12.8 Subd. 3.Certified Competency restoration attainment programs; procedure.(a) If |
|---|
| 369 | 370 | | 12.9the court orders a defendant to participate in a competency restoration attainment program |
|---|
| 370 | 371 | | 12.10that takes place outside of a jail, or an alternative program that the court has determined is |
|---|
| 371 | 372 | | 12.11providing appropriate competency restoration attainment services to the defendant, the court |
|---|
| 372 | 373 | | 12.12shall specify whether the program is a community-based treatment program or provided in |
|---|
| 373 | 374 | | 12.13a locked treatment facility. |
|---|
| 374 | 375 | | 12.14 (b) If the court finds that the defendant continues to be incompetent at a review hearing |
|---|
| 375 | 376 | | 12.15held after the initial determination of competency, the court must hold a review hearing |
|---|
| 376 | 377 | | 12.16pursuant to section 611.49 and consider any changes to the defendant's conditions of release |
|---|
| 377 | 378 | | 12.17or competency restoration attainment programming to restore the defendant's competency |
|---|
| 378 | 379 | | 12.18in the least restrictive program appropriate. |
|---|
| 379 | 380 | | 12.19 (c) If the court orders the defendant to a locked treatment facility or jail-based program, |
|---|
| 380 | 381 | | 12.20the court must calculate the defendant's custody credit and cannot order the defendant to a |
|---|
| 381 | 382 | | 12.21locked treatment facility or jail-based program for a period that would cause the defendant's |
|---|
| 382 | 383 | | 12.22custody credit to exceed the maximum sentence for the underlying charge. |
|---|
| 383 | 384 | | 12.23Sec. 24. Minnesota Statutes 2022, section 611.46, subdivision 4, is amended to read: |
|---|
| 384 | 385 | | 12.24 Subd. 4.Jail-based competency restoration attainment programs; procedure.(a) |
|---|
| 385 | 386 | | 12.25A defendant is eligible to participate in a jail-based competency restoration attainment |
|---|
| 386 | 387 | | 12.26program when the underlying charge is a gross misdemeanor or felony and either: |
|---|
| 387 | 388 | | 12.27 (1) the defendant has been found incompetent, the defendant has not met the conditions |
|---|
| 388 | 389 | | 12.28of release ordered pursuant to rule 6.02 of Minnesota Rules of Criminal Procedure, including |
|---|
| 389 | 390 | | 12.29posting bail, and either a court-appointed court examiner has recommended jail-based |
|---|
| 390 | 391 | | 12.30competency restoration attainment as the least restrictive setting to meet the person's needs, |
|---|
| 391 | 392 | | 12.31or the court finds that after a reasonable effort by the forensic navigator, there has not been |
|---|
| 392 | 393 | | 12.32consent by another secure setting to the defendant's placement; or |
|---|
| 393 | 394 | | 12Sec. 24. |
|---|
| 395 | 396 | | 13.2attainment program that takes place outside of a jail, a jail-based competency restoration |
|---|
| 396 | 397 | | 13.3attainment program is available within a reasonable distance to the county where the |
|---|
| 397 | 398 | | 13.4defendant is being held, and the court ordered a time-limited placement in a jail-based |
|---|
| 398 | 399 | | 13.5program until transfer to a certified competency restoration attainment program that takes |
|---|
| 399 | 400 | | 13.6place outside of a jail. |
|---|
| 400 | 401 | | 13.7 (b) A defendant may not be ordered to participate in a jail-based competency restoration |
|---|
| 401 | 402 | | 13.8attainment program for more than 90 days without a review hearing. If after 90 days of the |
|---|
| 402 | 403 | | 13.9order to a jail-based program the defendant has not attained competency, the court must |
|---|
| 403 | 404 | | 13.10review the case with input from the prosecutor and defense counsel and may: |
|---|
| 404 | 405 | | 13.11 (1) order the defendant to participate in an appropriate certified competency restoration |
|---|
| 405 | 406 | | 13.12attainment program that takes place outside of a locked facility; or |
|---|
| 406 | 407 | | 13.13 (2) determine whether, after a reasonable effort by the forensic navigator, there is consent |
|---|
| 407 | 408 | | 13.14to the defendant's placement by another locked facility. If court determines that a locked |
|---|
| 408 | 409 | | 13.15facility is the least restrictive program appropriate and no appropriate locked facility is |
|---|
| 409 | 410 | | 13.16available, it may order the defendant to the jail-based program for an additional 90 days. |
|---|
| 410 | 411 | | 13.17 (c) Nothing in this section prohibits the court from ordering the defendant transferred |
|---|
| 411 | 412 | | 13.18to a certified competency restoration attainment program that takes place outside of a jail |
|---|
| 412 | 413 | | 13.19if the court determines that transition is appropriate, or the defendant satisfies the conditions |
|---|
| 413 | 414 | | 13.20of release or bail. Before the defendant is transitioned transferred to a certified competency |
|---|
| 414 | 415 | | 13.21restoration attainment program that takes place outside of a jail or an alternative program, |
|---|
| 415 | 416 | | 13.22the court shall notify the prosecutor and the defense counsel, and the provisions of subdivision |
|---|
| 416 | 417 | | 13.232 shall apply. |
|---|
| 417 | 418 | | 13.24 (d) The court may require a certified competency program that qualifies as a locked |
|---|
| 418 | 419 | | 13.25facility to notify the court in writing of the basis for refusing consent of the defendant in |
|---|
| 419 | 420 | | 13.26order to ensure transparency and maintain an accurate record. The court may not require |
|---|
| 420 | 421 | | 13.27personal appearance of any representative of a certified competency program. |
|---|
| 421 | 422 | | 13.28Sec. 25. Minnesota Statutes 2022, section 611.46, subdivision 5, is amended to read: |
|---|
| 422 | 423 | | 13.29 Subd. 5.Alternative programs; procedure.(a) A defendant is eligible to participate |
|---|
| 423 | 424 | | 13.30in an alternative program if the defendant has been found incompetent, the defendant is |
|---|
| 424 | 425 | | 13.31entitled to release, and a certified competency restoration attainment program outside of a |
|---|
| 425 | 426 | | 13.32jail is not available. |
|---|
| 426 | 427 | | 13Sec. 25. |
|---|
| 428 | 429 | | 14.2restoration attainment program outside of a jail will be available within a reasonable time, |
|---|
| 429 | 430 | | 14.3the forensic navigator shall determine if there are available alternative programs that are |
|---|
| 430 | 431 | | 14.4likely to assist the defendant in attaining competency. Upon notification by the forensic |
|---|
| 431 | 432 | | 14.5navigator, The court may order the defendant to participate in an appropriate alternative |
|---|
| 432 | 433 | | 14.6program identified by the forensic navigator and must notify the prosecutor and the defense |
|---|
| 433 | 434 | | 14.7counsel of the order. |
|---|
| 434 | 435 | | 14.8 (c) If at any time while the defendant is participating in an alternative program, an |
|---|
| 435 | 436 | | 14.9appropriate certified competency restoration attainment program that takes place outside |
|---|
| 436 | 437 | | 14.10of a jail becomes available, the forensic navigator must notify the court. The court must |
|---|
| 437 | 438 | | 14.11notify the prosecutor and the defense counsel and must order the defendant to participate |
|---|
| 438 | 439 | | 14.12in an appropriate certified competency restoration attainment program, unless the court |
|---|
| 439 | 440 | | 14.13determines that the defendant is receiving appropriate competency restoration attainment |
|---|
| 440 | 441 | | 14.14services in the alternative program. If appropriate and in the public interest, the court may |
|---|
| 441 | 442 | | 14.15order the defendant to participate in the certified competency restoration attainment program |
|---|
| 442 | 443 | | 14.16and an alternative program. |
|---|
| 443 | 444 | | 14.17 (d) At any time, the head of the alternative program or the forensic navigator may notify |
|---|
| 444 | 445 | | 14.18the court that the defendant is receiving appropriate competency restoration attainment |
|---|
| 445 | 446 | | 14.19services in the alternative program, and recommend that remaining in the alternative program |
|---|
| 446 | 447 | | 14.20is in the best interest of the defendant and the defendant's progress in attaining competency. |
|---|
| 447 | 448 | | 14.21The court may order the defendant to continue programming in the alternative program and |
|---|
| 448 | 449 | | 14.22proceed under subdivision 3. |
|---|
| 449 | 450 | | 14.23 (e) If after 90 days of the order to an alternative program the defendant has not attained |
|---|
| 450 | 451 | | 14.24competency and the defendant is not participating in a certified competency restoration |
|---|
| 451 | 452 | | 14.25attainment program, the court must hold a review hearing pursuant to section 611.49. |
|---|
| 452 | 453 | | 14.26Sec. 26. Minnesota Statutes 2022, section 611.46, subdivision 6, is amended to read: |
|---|
| 453 | 454 | | 14.27 Subd. 6.Reporting to the court.(a) The court examiner must provide an updated report |
|---|
| 454 | 455 | | 14.28to the court at least once every six months, unless the court and the parties agree to a longer |
|---|
| 455 | 456 | | 14.29period that is not more than 12 months, as to the defendant's competency and a description |
|---|
| 456 | 457 | | 14.30of the efforts made to restore the defendant to competency. |
|---|
| 457 | 458 | | 14.31 (b) At any time, the head of the program may notify the court and recommend that a |
|---|
| 458 | 459 | | 14.32court examiner provide an updated competency examination and report. |
|---|
| 459 | 460 | | 14Sec. 26. |
|---|
| 474 | | - | 15.15611.43 and any certification report filed by the treating medical practitioner in support of |
|---|
| 475 | | - | 15.16a motion under this section. The court may request a certification report from the defendant's |
|---|
| 476 | | - | 15.17treating medical practitioner. |
|---|
| 477 | | - | 15.18 (a) (b) If the defendant's treating medical practitioner is of the opinion that the defendant |
|---|
| 478 | | - | 15.19lacks capacity to make decisions regarding neuroleptic medication, the treating medical |
|---|
| 479 | | - | 15.20practitioner shall may certify in a report that the lack of capacity exists and which conditions |
|---|
| 480 | | - | 15.21under subdivision 3 are applicable. The A certification report shall must contain an |
|---|
| 481 | | - | 15.22assessment of the current mental status of the defendant and the opinion of the treating |
|---|
| 482 | | - | 15.23medical practitioner that as to whether involuntary neuroleptic medication has become |
|---|
| 483 | | - | 15.24medically necessary and appropriate under subdivision 3, paragraph (b), clause (1) or (2), |
|---|
| 484 | | - | 15.25or in the patient's defendant's best medical interest under subdivision 3, paragraph (b), clause |
|---|
| 485 | | - | 15.26(3). The certification report shall be filed with the court when a motion for a hearing is made |
|---|
| 486 | | - | 15.27under this section. |
|---|
| 487 | | - | 15.28 (b) (c) A certification report made pursuant to this section shall include a description of |
|---|
| 488 | | - | 15.29the neuroleptic medication proposed to be administered to the defendant, if any, and its |
|---|
| 489 | | - | 15.30likely effects and side effects, including effects on the defendant's condition or behavior |
|---|
| 490 | | - | 15.31that would affect the defendant's ability to understand the nature of the criminal proceedings |
|---|
| 491 | | - | 15.32or to assist counsel in the conduct of a defense in a reasonable manner. |
|---|
| 475 | + | 15.15611.43 and may request a certification report from the defendant's treating medical |
|---|
| 476 | + | 15.16practitioner. |
|---|
| 477 | + | 15.17 (a) (b) If the defendant's treating medical practitioner is of the opinion that the defendant |
|---|
| 478 | + | 15.18lacks capacity to make decisions regarding neuroleptic medication, the treating medical |
|---|
| 479 | + | 15.19practitioner shall may certify in a report that the lack of capacity exists and which conditions |
|---|
| 480 | + | 15.20under subdivision 3 are applicable. The A certification report shall must contain an |
|---|
| 481 | + | 15.21assessment of the current mental status of the defendant and the opinion of the treating |
|---|
| 482 | + | 15.22medical practitioner that as to whether involuntary neuroleptic medication has become |
|---|
| 483 | + | 15.23medically necessary and appropriate under subdivision 3, paragraph (b), clause (1) or (2), |
|---|
| 484 | + | 15.24or in the patient's defendant's best medical interest under subdivision 3, paragraph (b), clause |
|---|
| 485 | + | 15.25(3). The certification report shall be filed with the court when a motion for a hearing is made |
|---|
| 486 | + | 15.26under this section. |
|---|
| 487 | + | 15.27 (b) (c) A certification report made pursuant to this section shall include a description of |
|---|
| 488 | + | 15.28the neuroleptic medication proposed to be administered to the defendant, if any, and its |
|---|
| 489 | + | 15.29likely effects and side effects, including effects on the defendant's condition or behavior |
|---|
| 490 | + | 15.30that would affect the defendant's ability to understand the nature of the criminal proceedings |
|---|
| 491 | + | 15.31or to assist counsel in the conduct of a defense in a reasonable manner. |
|---|
| 492 | + | 15.32 (c) (d) Any defendant subject to an order under subdivision 3 of this section or the state |
|---|
| 493 | + | 15.33may request review of that order. |
|---|
| 493 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 16.1 (c) (d) Any defendant subject to an order under subdivision 3 of this section or the state |
|---|
| 494 | | - | 16.2may request review of that order. |
|---|
| 495 | | - | 16.3 (d) (e) In addition to the court examiner appointed to report to the court on the defendant's |
|---|
| 496 | | - | 16.4competency to proceed, the court may appoint a court examiner to examine the defendant |
|---|
| 497 | | - | 16.5and report to the court and parties as to whether the defendant lacks capacity to make |
|---|
| 498 | | - | 16.6decisions regarding the administration of neuroleptic medication. If the patient defendant |
|---|
| 499 | | - | 16.7refuses to participate in an examination, the court examiner may rely on the patient's |
|---|
| 500 | | - | 16.8defendant's clinically relevant medical records in reaching an opinion. |
|---|
| 501 | | - | 16.9 (e) (f) The defendant is entitled to a second court examiner under this section, if requested |
|---|
| 502 | | - | 16.10by the defendant. |
|---|
| 503 | | - | 16.11 Subd. 3.Determination.(a) The court shall consider opinions in the reports prepared |
|---|
| 504 | | - | 16.12under subdivision 2 as applicable to the issue of first determine whether the defendant lacks |
|---|
| 505 | | - | 16.13capacity to make decisions regarding the administration of neuroleptic medication and shall |
|---|
| 506 | | - | 16.14proceed under paragraph (b). In making this determination, the court: |
|---|
| 507 | | - | 16.15 (1) must apply a rebuttable presumption that a defendant has the capacity to make |
|---|
| 508 | | - | 16.16decisions regarding administration of neuroleptic medication; |
|---|
| 509 | | - | 16.17 (2) must find that a defendant has the capacity to make decisions regarding the |
|---|
| 510 | | - | 16.18administration of neuroleptic medication if the defendant: |
|---|
| 511 | | - | 16.19 (i) has an awareness of the nature of the defendant's situation and the possible |
|---|
| 512 | | - | 16.20consequences of refusing treatment with neuroleptic medications; |
|---|
| 513 | | - | 16.21 (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits, |
|---|
| 514 | | - | 16.22and alternatives; and |
|---|
| 515 | | - | 16.23 (iii) communicates verbally or nonverbally a clear choice regarding treatment with |
|---|
| 516 | | - | 16.24neuroleptic medications that is a reasoned one not based on a symptom of the defendant's |
|---|
| 517 | | - | 16.25mental illness, even though it may not be in the defendant's best interests; and |
|---|
| 518 | | - | 16.26 (3) must not conclude that a defendant's decision is unreasonable based solely on a |
|---|
| 519 | | - | 16.27disagreement with the medical practitioner's recommendation. |
|---|
| 520 | | - | 16.28 (b) If the court determines that the defendant lacks capacity to make decisions regarding |
|---|
| 521 | | - | 16.29the administration of neuroleptic medication, the court shall hear and determine whether |
|---|
| 522 | | - | 16.30any of the following is true: |
|---|
| 523 | | - | 16.31 (1) the defendant lacks capacity to make decisions regarding neuroleptic medication, as |
|---|
| 524 | | - | 16.32defined in section 253B.092, subdivision 5, the defendant's mental illness requires medical |
|---|
| 495 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 16.1 (d) (e) In addition to the court examiner appointed to report to the court on the defendant's |
|---|
| 496 | + | 16.2competency to proceed, the court may appoint a court examiner to examine the defendant |
|---|
| 497 | + | 16.3and report to the court and parties as to whether the defendant lacks capacity to make |
|---|
| 498 | + | 16.4decisions regarding the administration of neuroleptic medication. If the patient defendant |
|---|
| 499 | + | 16.5refuses to participate in an examination, the court examiner may rely on the patient's |
|---|
| 500 | + | 16.6defendant's clinically relevant medical records in reaching an opinion. |
|---|
| 501 | + | 16.7 (e) (f) The defendant is entitled to a second court examiner under this section, if requested |
|---|
| 502 | + | 16.8by the defendant. |
|---|
| 503 | + | 16.9 Subd. 3.Determination.(a) The court shall consider opinions in the reports prepared |
|---|
| 504 | + | 16.10under subdivision 2 as applicable to the issue of first determine whether the defendant lacks |
|---|
| 505 | + | 16.11capacity to make decisions regarding the administration of neuroleptic medication and shall |
|---|
| 506 | + | 16.12proceed under paragraph (b). In making this determination, the court: |
|---|
| 507 | + | 16.13 (1) must apply a rebuttable presumption that a defendant has the capacity to make |
|---|
| 508 | + | 16.14decisions regarding administration of neuroleptic medication; |
|---|
| 509 | + | 16.15 (2) must find that a defendant has the capacity to make decisions regarding the |
|---|
| 510 | + | 16.16administration of neuroleptic medication if the defendant: |
|---|
| 511 | + | 16.17 (i) has an awareness of the nature of the defendant's situation and the possible |
|---|
| 512 | + | 16.18consequences of refusing treatment with neuroleptic medications; |
|---|
| 513 | + | 16.19 (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits, |
|---|
| 514 | + | 16.20and alternatives; and |
|---|
| 515 | + | 16.21 (iii) communicates verbally or nonverbally a clear choice regarding treatment with |
|---|
| 516 | + | 16.22neuroleptic medications that is a reasoned one not based on a symptom of the defendant's |
|---|
| 517 | + | 16.23mental illness, even though it may not be in the defendant's best interests; and |
|---|
| 518 | + | 16.24 (3) must not conclude that a defendant's decision is unreasonable based solely on a |
|---|
| 519 | + | 16.25disagreement with the medical practitioner's recommendation. |
|---|
| 520 | + | 16.26 (b) If the court determines that the defendant lacks capacity to make decisions regarding |
|---|
| 521 | + | 16.27the administration of neuroleptic medication, the court shall hear and determine whether |
|---|
| 522 | + | 16.28any of the following is true: |
|---|
| 523 | + | 16.29 (1) the defendant lacks capacity to make decisions regarding neuroleptic medication, as |
|---|
| 524 | + | 16.30defined in section 253B.092, subdivision 5, the defendant's mental illness requires medical |
|---|
| 525 | + | 16.31treatment with neuroleptic medication, and, if the defendant's mental illness is not treated |
|---|
| 526 | + | 16.32with neuroleptic medication, it is probable that serious harm to the physical or mental health |
|---|
| 527 | + | 16.33of the patient defendant will result. Probability of serious harm to the physical or mental |
|---|
| 526 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 17.1treatment with neuroleptic medication, and, if the defendant's mental illness is not treated |
|---|
| 527 | | - | 17.2with neuroleptic medication, it is probable that serious harm to the physical or mental health |
|---|
| 528 | | - | 17.3of the patient defendant will result. Probability of serious harm to the physical or mental |
|---|
| 529 | | - | 17.4health of the defendant requires evidence that the defendant is presently suffering adverse |
|---|
| 530 | | - | 17.5effects to the defendant's physical or mental health, or the defendant has previously suffered |
|---|
| 531 | | - | 17.6these effects as a result of a mental illness and the defendant's condition is substantially |
|---|
| 532 | | - | 17.7deteriorating or likely to deteriorate without administration of neuroleptic medication. The |
|---|
| 533 | | - | 17.8fact that a defendant has a diagnosis of a mental illness does not alone establish probability |
|---|
| 534 | | - | 17.9of serious harm to the physical or mental health of the defendant; |
|---|
| 535 | | - | 17.10 (2) the defendant lacks capacity to make decisions regarding neuroleptic medication, as |
|---|
| 536 | | - | 17.11defined in section 253B.092, subdivision 5, neuroleptic medication is medically necessary, |
|---|
| 537 | | - | 17.12and the defendant is a danger to others, in that the defendant has inflicted, attempted to |
|---|
| 538 | | - | 17.13inflict, or made a serious threat of inflicting substantial bodily harm on another while in |
|---|
| 539 | | - | 17.14custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of |
|---|
| 540 | | - | 17.15inflicting substantial bodily harm on another that resulted in being taken into custody, and |
|---|
| 541 | | - | 17.16the defendant presents, as a result of mental illness or cognitive impairment, a demonstrated |
|---|
| 542 | | - | 17.17danger of inflicting substantial bodily harm on others. Demonstrated danger may be based |
|---|
| 543 | | - | 17.18on an assessment of the defendant's present mental condition, including a consideration of |
|---|
| 544 | | - | 17.19past behavior of the defendant and other relevant information; or |
|---|
| 545 | | - | 17.20 (3) the defendant lacks capacity to make decisions regarding neuroleptic medication, as |
|---|
| 546 | | - | 17.21defined in section 253B.092, subdivision 5, and the defendant does not meet the criteria |
|---|
| 547 | | - | 17.22under clause (1) or (2), but the state has shown by clear and convincing evidence that: |
|---|
| 548 | | - | 17.23 (i) the state has charged the defendant with a serious crime against the person or property; |
|---|
| 549 | | - | 17.24 (ii) involuntary administration of neuroleptic medication is substantially likely to render |
|---|
| 550 | | - | 17.25the defendant competent to stand trial; |
|---|
| 551 | | - | 17.26 (iii) the medication is unlikely to have side effects that interfere with the defendant's |
|---|
| 552 | | - | 17.27ability to understand the nature of the criminal proceedings or to assist counsel in the conduct |
|---|
| 553 | | - | 17.28of a defense in a reasonable manner; |
|---|
| 554 | | - | 17.29 (iv) less intrusive treatments are unlikely to have substantially the same results and |
|---|
| 555 | | - | 17.30involuntary medication is necessary; and |
|---|
| 556 | | - | 17.31 (v) neuroleptic medication is in the patient's defendant's best medical interest in light of |
|---|
| 557 | | - | 17.32the patient's defendant's medical condition. |
|---|
| 529 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 17.1health of the defendant requires evidence that the defendant is presently suffering adverse |
|---|
| 530 | + | 17.2effects to the defendant's physical or mental health, or the defendant has previously suffered |
|---|
| 531 | + | 17.3these effects as a result of a mental illness and the defendant's condition is substantially |
|---|
| 532 | + | 17.4deteriorating or likely to deteriorate without administration of neuroleptic medication. The |
|---|
| 533 | + | 17.5fact that a defendant has a diagnosis of a mental illness does not alone establish probability |
|---|
| 534 | + | 17.6of serious harm to the physical or mental health of the defendant; |
|---|
| 535 | + | 17.7 (2) the defendant lacks capacity to make decisions regarding neuroleptic medication, as |
|---|
| 536 | + | 17.8defined in section 253B.092, subdivision 5, neuroleptic medication is medically necessary, |
|---|
| 537 | + | 17.9and the defendant is a danger to others, in that the defendant has inflicted, attempted to |
|---|
| 538 | + | 17.10inflict, or made a serious threat of inflicting substantial bodily harm on another while in |
|---|
| 539 | + | 17.11custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of |
|---|
| 540 | + | 17.12inflicting substantial bodily harm on another that resulted in being taken into custody, and |
|---|
| 541 | + | 17.13the defendant presents, as a result of mental illness or cognitive impairment, a demonstrated |
|---|
| 542 | + | 17.14danger of inflicting substantial bodily harm on others. Demonstrated danger may be based |
|---|
| 543 | + | 17.15on an assessment of the defendant's present mental condition, including a consideration of |
|---|
| 544 | + | 17.16past behavior of the defendant and other relevant information; or |
|---|
| 545 | + | 17.17 (3) the defendant lacks capacity to make decisions regarding neuroleptic medication, as |
|---|
| 546 | + | 17.18defined in section 253B.092, subdivision 5, and the defendant does not meet the criteria |
|---|
| 547 | + | 17.19under clause (1) or (2), but the state has shown by clear and convincing evidence that: |
|---|
| 548 | + | 17.20 (i) the state has charged the defendant with a serious crime against the person or property; |
|---|
| 549 | + | 17.21 (ii) involuntary administration of neuroleptic medication is substantially likely to render |
|---|
| 550 | + | 17.22the defendant competent to stand trial; |
|---|
| 551 | + | 17.23 (iii) the medication is unlikely to have side effects that interfere with the defendant's |
|---|
| 552 | + | 17.24ability to understand the nature of the criminal proceedings or to assist counsel in the conduct |
|---|
| 553 | + | 17.25of a defense in a reasonable manner; |
|---|
| 554 | + | 17.26 (iv) less intrusive treatments are unlikely to have substantially the same results and |
|---|
| 555 | + | 17.27involuntary medication is necessary; and |
|---|
| 556 | + | 17.28 (v) neuroleptic medication is in the patient's defendant's best medical interest in light of |
|---|
| 557 | + | 17.29the patient's defendant's medical condition. |
|---|
| 558 | + | 17.30 (c) In ruling on a petition under this section, the court shall also take into consideration |
|---|
| 559 | + | 17.31any evidence on If the conditions described in paragraph (b), clause (1), (2), or (3), exist, |
|---|
| 560 | + | 17.32the court shall determine whether the following factors weigh in favor of authorizing the |
|---|
| 561 | + | 17.33involuntary administration of neuroleptic medication: |
|---|
| 559 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 18.1 (c) In ruling on a petition under this section, the court shall also take into consideration |
|---|
| 560 | | - | 18.2any evidence on If the conditions described in paragraph (b), clause (1), (2), or (3), exist, |
|---|
| 561 | | - | 18.3the court shall determine whether the following factors weigh in favor of authorizing the |
|---|
| 562 | | - | 18.4involuntary administration of neuroleptic medication: |
|---|
| 563 | | - | 18.5 (1) what the patient defendant would choose to do in the situation if the patient defendant |
|---|
| 564 | | - | 18.6had capacity, including evidence such as a durable power of attorney for health care under |
|---|
| 565 | | - | 18.7chapter 145C; |
|---|
| 566 | | - | 18.8 (2) the defendant's family, community, moral, religious, and social values; |
|---|
| 567 | | - | 18.9 (3) the medical risks, benefits, and alternatives to the proposed treatment; |
|---|
| 568 | | - | 18.10 (4) past efficacy and any extenuating circumstances of past use of neuroleptic |
|---|
| 569 | | - | 18.11medications; and |
|---|
| 570 | | - | 18.12 (5) any other relevant factors. |
|---|
| 571 | | - | 18.13 (d) In determining whether the defendant possesses capacity to consent to neuroleptic |
|---|
| 572 | | - | 18.14medications, the court: |
|---|
| 573 | | - | 18.15 (1) must apply a rebuttable presumption that a defendant has the capacity to make |
|---|
| 574 | | - | 18.16decisions regarding administration of neuroleptic medication; |
|---|
| 575 | | - | 18.17 (2) must find that a defendant has the capacity to make decisions regarding the |
|---|
| 576 | | - | 18.18administration of neuroleptic medication if the defendant: |
|---|
| 577 | | - | 18.19 (i) has an awareness of the nature of the defendant's situation and the possible |
|---|
| 578 | | - | 18.20consequences of refusing treatment with neuroleptic medications; |
|---|
| 579 | | - | 18.21 (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits, |
|---|
| 580 | | - | 18.22and alternatives; and |
|---|
| 581 | | - | 18.23 (iii) communicates verbally or nonverbally a clear choice regarding treatment with |
|---|
| 582 | | - | 18.24neuroleptic medications that is a reasoned one not based on a symptom of the defendant's |
|---|
| 583 | | - | 18.25mental illness, even though it may not be in the defendant's best interests; and |
|---|
| 584 | | - | 18.26 (3) must not conclude that a defendant's decision is unreasonable based solely on a |
|---|
| 585 | | - | 18.27disagreement with the medical practitioner's recommendation. |
|---|
| 586 | | - | 18.28 (e) (d) If consideration of the evidence presented on the factors in paragraph (c) weighs |
|---|
| 587 | | - | 18.29weigh in favor of authorizing involuntary administration of neuroleptic medication, and the |
|---|
| 588 | | - | 18.30court finds any of the conditions described in paragraph (b) to be true, the court shall issue |
|---|
| 589 | | - | 18.31an order authorizing involuntary administration of neuroleptic medication to the defendant |
|---|
| 590 | | - | 18.32when and as prescribed by the defendant's medical practitioner, including administration |
|---|
| 563 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 18.1 (1) what the patient defendant would choose to do in the situation if the patient defendant |
|---|
| 564 | + | 18.2had capacity, including evidence such as a durable power of attorney for health care under |
|---|
| 565 | + | 18.3chapter 145C; |
|---|
| 566 | + | 18.4 (2) the defendant's family, community, moral, religious, and social values; |
|---|
| 567 | + | 18.5 (3) the medical risks, benefits, and alternatives to the proposed treatment; |
|---|
| 568 | + | 18.6 (4) past efficacy and any extenuating circumstances of past use of neuroleptic |
|---|
| 569 | + | 18.7medications; and |
|---|
| 570 | + | 18.8 (5) any other relevant factors. |
|---|
| 571 | + | 18.9 (d) In determining whether the defendant possesses capacity to consent to neuroleptic |
|---|
| 572 | + | 18.10medications, the court: |
|---|
| 573 | + | 18.11 (1) must apply a rebuttable presumption that a defendant has the capacity to make |
|---|
| 574 | + | 18.12decisions regarding administration of neuroleptic medication; |
|---|
| 575 | + | 18.13 (2) must find that a defendant has the capacity to make decisions regarding the |
|---|
| 576 | + | 18.14administration of neuroleptic medication if the defendant: |
|---|
| 577 | + | 18.15 (i) has an awareness of the nature of the defendant's situation and the possible |
|---|
| 578 | + | 18.16consequences of refusing treatment with neuroleptic medications; |
|---|
| 579 | + | 18.17 (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits, |
|---|
| 580 | + | 18.18and alternatives; and |
|---|
| 581 | + | 18.19 (iii) communicates verbally or nonverbally a clear choice regarding treatment with |
|---|
| 582 | + | 18.20neuroleptic medications that is a reasoned one not based on a symptom of the defendant's |
|---|
| 583 | + | 18.21mental illness, even though it may not be in the defendant's best interests; and |
|---|
| 584 | + | 18.22 (3) must not conclude that a defendant's decision is unreasonable based solely on a |
|---|
| 585 | + | 18.23disagreement with the medical practitioner's recommendation. |
|---|
| 586 | + | 18.24 (e) (d) If consideration of the evidence presented on the factors in paragraph (c) weighs |
|---|
| 587 | + | 18.25weigh in favor of authorizing involuntary administration of neuroleptic medication, and the |
|---|
| 588 | + | 18.26court finds any of the conditions described in paragraph (b) to be true, the court shall issue |
|---|
| 589 | + | 18.27an order authorizing involuntary administration of neuroleptic medication to the defendant |
|---|
| 590 | + | 18.28when and as prescribed by the defendant's medical practitioner, including administration |
|---|
| 591 | + | 18.29by a treatment facility or correctional facility. The court order shall specify which medications |
|---|
| 592 | + | 18.30are authorized and may limit the maximum dosage of neuroleptic medication that may be |
|---|
| 593 | + | 18.31administered. The order shall be valid for no more than one year. An order may be renewed |
|---|
| 594 | + | 18.32by filing another petition under this section and following the process in this section. The |
|---|
| 592 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 19.1by a treatment facility or correctional facility. The court order shall specify which medications |
|---|
| 593 | | - | 19.2are authorized and may limit the maximum dosage of neuroleptic medication that may be |
|---|
| 594 | | - | 19.3administered. The order shall be valid for no more than one year. An order may be renewed |
|---|
| 595 | | - | 19.4by filing another petition under this section and following the process in this section. The |
|---|
| 596 | | - | 19.5order shall terminate no later than the closure of the criminal case in which it is issued. The |
|---|
| 597 | | - | 19.6court shall not order involuntary administration of neuroleptic medication under paragraph |
|---|
| 598 | | - | 19.7(b), clause (3), unless the court has first found that the defendant does not meet the criteria |
|---|
| 599 | | - | 19.8for involuntary administration of neuroleptic medication under paragraph (b), clause (1), |
|---|
| 600 | | - | 19.9and does not meet the criteria under paragraph (b), clause (2). |
|---|
| 601 | | - | 19.10 (f) A copy of the order must be given to the defendant, the defendant's attorney, the |
|---|
| 602 | | - | 19.11county attorney, and the treatment facility or correctional facility where the defendant is |
|---|
| 603 | | - | 19.12being served. The treatment facility, correctional facility, or treating medical practitioner |
|---|
| 604 | | - | 19.13may not begin administration of the neuroleptic medication until it notifies the patient |
|---|
| 605 | | - | 19.14defendant of the court's order authorizing the treatment. |
|---|
| 606 | | - | 19.15 Subd. 4.Emergency administration.A treating medical practitioner may administer |
|---|
| 607 | | - | 19.16neuroleptic medication to a defendant who does not have capacity to make a decision |
|---|
| 608 | | - | 19.17regarding administration of the medication if the defendant is in an emergency situation. |
|---|
| 609 | | - | 19.18Medication may be administered for so long as the emergency continues to exist, up to 14 |
|---|
| 610 | | - | 19.19days, if the treating medical practitioner determines that the medication is necessary to |
|---|
| 611 | | - | 19.20prevent serious, immediate physical harm to the patient defendant or to others. If a request |
|---|
| 612 | | - | 19.21for authorization to administer medication is made to the court within the 14 days, the |
|---|
| 613 | | - | 19.22treating medical practitioner may continue the medication through the date of the first court |
|---|
| 614 | | - | 19.23hearing, if the emergency continues to exist. The treating medical practitioner shall document |
|---|
| 615 | | - | 19.24the emergency in the defendant's medical record in specific behavioral terms. |
|---|
| 616 | | - | 19.25 Subd. 5.Administration without judicial review.Neuroleptic medications may be |
|---|
| 617 | | - | 19.26administered without judicial review under this subdivision if: |
|---|
| 618 | | - | 19.27 (1) the defendant has been prescribed neuroleptic medication prior to admission to a |
|---|
| 619 | | - | 19.28facility or program, but lacks the present capacity to consent to the administration of that |
|---|
| 620 | | - | 19.29neuroleptic medication; continued administration of the medication is in the patient's |
|---|
| 621 | | - | 19.30defendant's best interest; and the defendant does not refuse administration of the medication. |
|---|
| 622 | | - | 19.31In this situation, the previously prescribed neuroleptic medication may be continued for up |
|---|
| 623 | | - | 19.32to 14 days while the treating medical practitioner is requesting a court order authorizing |
|---|
| 624 | | - | 19.33administering neuroleptic medication or an amendment to a current court order authorizing |
|---|
| 625 | | - | 19.34administration of neuroleptic medication. If the treating medical practitioner requests a court |
|---|
| 626 | | - | 19.35order under this section within 14 days, the treating medical practitioner may continue |
|---|
| 596 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 19.1order shall terminate no later than the closure of the criminal case in which it is issued. The |
|---|
| 597 | + | 19.2court shall not order involuntary administration of neuroleptic medication under paragraph |
|---|
| 598 | + | 19.3(b), clause (3), unless the court has first found that the defendant does not meet the criteria |
|---|
| 599 | + | 19.4for involuntary administration of neuroleptic medication under paragraph (b), clause (1), |
|---|
| 600 | + | 19.5and does not meet the criteria under paragraph (b), clause (2). |
|---|
| 601 | + | 19.6 (f) A copy of the order must be given to the defendant, the defendant's attorney, the |
|---|
| 602 | + | 19.7county attorney, and the treatment facility or correctional facility where the defendant is |
|---|
| 603 | + | 19.8being served. The treatment facility, correctional facility, or treating medical practitioner |
|---|
| 604 | + | 19.9may not begin administration of the neuroleptic medication until it notifies the patient |
|---|
| 605 | + | 19.10defendant of the court's order authorizing the treatment. |
|---|
| 606 | + | 19.11 Subd. 4.Emergency administration.A treating medical practitioner may administer |
|---|
| 607 | + | 19.12neuroleptic medication to a defendant who does not have capacity to make a decision |
|---|
| 608 | + | 19.13regarding administration of the medication if the defendant is in an emergency situation. |
|---|
| 609 | + | 19.14Medication may be administered for so long as the emergency continues to exist, up to 14 |
|---|
| 610 | + | 19.15days, if the treating medical practitioner determines that the medication is necessary to |
|---|
| 611 | + | 19.16prevent serious, immediate physical harm to the patient defendant or to others. If a request |
|---|
| 612 | + | 19.17for authorization to administer medication is made to the court within the 14 days, the |
|---|
| 613 | + | 19.18treating medical practitioner may continue the medication through the date of the first court |
|---|
| 614 | + | 19.19hearing, if the emergency continues to exist. The treating medical practitioner shall document |
|---|
| 615 | + | 19.20the emergency in the defendant's medical record in specific behavioral terms. |
|---|
| 616 | + | 19.21 Subd. 5.Administration without judicial review.Neuroleptic medications may be |
|---|
| 617 | + | 19.22administered without judicial review under this subdivision if: |
|---|
| 618 | + | 19.23 (1) the defendant has been prescribed neuroleptic medication prior to admission to a |
|---|
| 619 | + | 19.24facility or program, but lacks the present capacity to consent to the administration of that |
|---|
| 620 | + | 19.25neuroleptic medication; continued administration of the medication is in the patient's |
|---|
| 621 | + | 19.26defendant's best interest; and the defendant does not refuse administration of the medication. |
|---|
| 622 | + | 19.27In this situation, the previously prescribed neuroleptic medication may be continued for up |
|---|
| 623 | + | 19.28to 14 days while the treating medical practitioner is requesting a court order authorizing |
|---|
| 624 | + | 19.29administering neuroleptic medication or an amendment to a current court order authorizing |
|---|
| 625 | + | 19.30administration of neuroleptic medication. If the treating medical practitioner requests a court |
|---|
| 626 | + | 19.31order under this section within 14 days, the treating medical practitioner may continue |
|---|
| 627 | + | 19.32administering the medication to the patient defendant through the hearing date or until the |
|---|
| 628 | + | 19.33court otherwise issues an order; or |
|---|
| 628 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 20.1administering the medication to the patient defendant through the hearing date or until the |
|---|
| 629 | | - | 20.2court otherwise issues an order; or |
|---|
| 630 | | - | 20.3 (2) the defendant does not have the present capacity to consent to the administration of |
|---|
| 631 | | - | 20.4neuroleptic medication, but prepared a health care power of attorney or a health care directive |
|---|
| 632 | | - | 20.5under chapter 145C requesting treatment or authorizing an agent or proxy to request |
|---|
| 633 | | - | 20.6treatment, and the agent or proxy has requested the treatment. |
|---|
| 634 | | - | 20.7 Subd. 6.Defendants with capacity to make informed decision.If the court finds that |
|---|
| 635 | | - | 20.8the defendant has the capacity to decide whether to take neuroleptic medication, a facility |
|---|
| 636 | | - | 20.9or program may not administer medication without the patient's defendant's informed written |
|---|
| 637 | | - | 20.10consent or without the declaration of an emergency, or until further review by the court. |
|---|
| 638 | | - | 20.11 Subd. 7.Procedure when patient defendant refuses medication.If physical force is |
|---|
| 639 | | - | 20.12required to administer the neuroleptic medication, the facility or program may only use |
|---|
| 640 | | - | 20.13injectable medications. If physical force is needed to administer the medication, medication |
|---|
| 641 | | - | 20.14may only be administered in a setting where the person's defendant's condition can be |
|---|
| 642 | | - | 20.15reassessed and medical personnel qualified to administer medication are available, including |
|---|
| 643 | | - | 20.16in the community or a correctional facility. The facility or program may not use a nasogastric |
|---|
| 644 | | - | 20.17tube to administer neuroleptic medication involuntarily. |
|---|
| 645 | | - | 20.18Sec. 28. Minnesota Statutes 2022, section 611.48, is amended to read: |
|---|
| 646 | | - | 20.19 611.48 REVIEW HEARINGS. |
|---|
| 647 | | - | 20.20 The prosecutor or defense counsel may apply to the court for a hearing to review the |
|---|
| 648 | | - | 20.21defendant's competency restoration attainment programming. All parties are entitled to |
|---|
| 649 | | - | 20.22notice before the hearing. The hearing shall be held no later than 30 days after the date of |
|---|
| 650 | | - | 20.23the request, unless extended upon agreement of the prosecutor and defense counsel or by |
|---|
| 651 | | - | 20.24the court for good cause. |
|---|
| 652 | | - | 20.25Sec. 29. Minnesota Statutes 2022, section 611.49, is amended to read: |
|---|
| 653 | | - | 20.26 611.49 LIKELIHOOD TO ATTAIN COMPETENCY . |
|---|
| 654 | | - | 20.27 Subdivision 1.Applicability.(a) The court may hold a hearing on its own initiative or |
|---|
| 655 | | - | 20.28upon request of either party to determine whether the defendant is likely to attain competency |
|---|
| 656 | | - | 20.29in the foreseeable future when the most recent court examiner's report states that the defendant |
|---|
| 657 | | - | 20.30is unlikely to attain competency in the foreseeable future, and either: |
|---|
| 630 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 20.1 (2) the defendant does not have the present capacity to consent to the administration of |
|---|
| 631 | + | 20.2neuroleptic medication, but prepared a health care power of attorney or a health care directive |
|---|
| 632 | + | 20.3under chapter 145C requesting treatment or authorizing an agent or proxy to request |
|---|
| 633 | + | 20.4treatment, and the agent or proxy has requested the treatment. |
|---|
| 634 | + | 20.5 Subd. 6.Defendants with capacity to make informed decision.If the court finds that |
|---|
| 635 | + | 20.6the defendant has the capacity to decide whether to take neuroleptic medication, a facility |
|---|
| 636 | + | 20.7or program may not administer medication without the patient's defendant's informed written |
|---|
| 637 | + | 20.8consent or without the declaration of an emergency, or until further review by the court. |
|---|
| 638 | + | 20.9 Subd. 7.Procedure when patient defendant refuses medication.If physical force is |
|---|
| 639 | + | 20.10required to administer the neuroleptic medication, the facility or program may only use |
|---|
| 640 | + | 20.11injectable medications. If physical force is needed to administer the medication, medication |
|---|
| 641 | + | 20.12may only be administered in a setting where the person's defendant's condition can be |
|---|
| 642 | + | 20.13reassessed and medical personnel qualified to administer medication are available, including |
|---|
| 643 | + | 20.14in the community or a correctional facility. The facility or program may not use a nasogastric |
|---|
| 644 | + | 20.15tube to administer neuroleptic medication involuntarily. |
|---|
| 645 | + | 20.16Sec. 28. Minnesota Statutes 2022, section 611.48, is amended to read: |
|---|
| 646 | + | 20.17 611.48 REVIEW HEARINGS. |
|---|
| 647 | + | 20.18 The prosecutor or defense counsel may apply to the court for a hearing to review the |
|---|
| 648 | + | 20.19defendant's competency restoration attainment programming. All parties are entitled to |
|---|
| 649 | + | 20.20notice before the hearing. The hearing shall be held no later than 30 days after the date of |
|---|
| 650 | + | 20.21the request, unless extended upon agreement of the prosecutor and defense counsel or by |
|---|
| 651 | + | 20.22the court for good cause. |
|---|
| 652 | + | 20.23Sec. 29. Minnesota Statutes 2022, section 611.49, is amended to read: |
|---|
| 653 | + | 20.24 611.49 LIKELIHOOD TO ATTAIN COMPETENCY . |
|---|
| 654 | + | 20.25 Subdivision 1.Applicability.(a) The court may hold a hearing on its own initiative or |
|---|
| 655 | + | 20.26upon request of either party to determine whether the defendant is likely to attain competency |
|---|
| 656 | + | 20.27in the foreseeable future when the most recent court examiner's report states that the defendant |
|---|
| 657 | + | 20.28is unlikely to attain competency in the foreseeable future, and either: |
|---|
| 658 | + | 20.29 (1) the defendant has not been restored to competence attained competency after |
|---|
| 659 | + | 20.30participating and cooperating with court-ordered competency restoration attainment |
|---|
| 660 | + | 20.31programming for at least one year; or |
|---|
| 659 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 21.1 (1) the defendant has not been restored to competence attained competency after |
|---|
| 660 | | - | 21.2participating and cooperating with court-ordered competency restoration attainment |
|---|
| 661 | | - | 21.3programming for at least one year; or |
|---|
| 662 | | - | 21.4 (2) the defendant has not received timely competency restoration attainment services |
|---|
| 663 | | - | 21.5under section 611.46 after one year. |
|---|
| 664 | | - | 21.6 (b) The court cannot find a defendant unlikely to attain competency based upon a |
|---|
| 665 | | - | 21.7defendant's refusal to cooperate with or remain at a certified competency program or |
|---|
| 666 | | - | 21.8cooperate with an examination. |
|---|
| 667 | | - | 21.9 (c) The parties are entitled to 30 days of notice prior to the hearing and, unless the parties |
|---|
| 668 | | - | 21.10agree to a longer time period, the court must determine within 30 days after the hearing |
|---|
| 669 | | - | 21.11whether there is a substantial probability that the defendant will attain competency within |
|---|
| 670 | | - | 21.12the foreseeable future. |
|---|
| 671 | | - | 21.13 (d) A party attempting to demonstrate that there is a substantial probability that the |
|---|
| 672 | | - | 21.14defendant will attain competency within the foreseeable future must prove that probability |
|---|
| 673 | | - | 21.15by a preponderance of the evidence. |
|---|
| 674 | | - | 21.16 Subd. 2.Procedure.(a) If the court finds that there is a substantial probability that the |
|---|
| 675 | | - | 21.17defendant will attain competency within the reasonably foreseeable future, the court shall |
|---|
| 676 | | - | 21.18find the defendant incompetent and proceed under section 611.46. |
|---|
| 677 | | - | 21.19 (b) If the court finds that there is not a substantial probability the defendant will attain |
|---|
| 678 | | - | 21.20competency within the reasonably foreseeable future, the court may not order the defendant |
|---|
| 679 | | - | 21.21to participate in or continue to participate in a competency restoration attainment program |
|---|
| 680 | | - | 21.22in a locked treatment facility. The court must release the defendant from any custody holds |
|---|
| 681 | | - | 21.23pertaining to the underlying criminal case and require the forensic navigator to develop a |
|---|
| 682 | | - | 21.24bridge plan. |
|---|
| 683 | | - | 21.25 (c) If the court finds that there is not a substantial probability the defendant will attain |
|---|
| 684 | | - | 21.26competency within the foreseeable future, the court may issue an order to the designated |
|---|
| 685 | | - | 21.27agency in the county of financial responsibility or the county where the defendant is present |
|---|
| 686 | | - | 21.28to conduct a prepetition screening pursuant to section 253B.07. |
|---|
| 687 | | - | 21.29 (d) If a hearing is held under this subdivision and the criteria pursuant to subdivision 1, |
|---|
| 688 | | - | 21.30paragraphs (a) and (b) are satisfied, a party attempting to demonstrate that there is a |
|---|
| 689 | | - | 21.31substantial probability that the defendant will attain competency within the foreseeable |
|---|
| 690 | | - | 21.32future must prove by a preponderance of the evidence. |
|---|
| 662 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 21.1 (2) the defendant has not received timely competency restoration attainment services |
|---|
| 663 | + | 21.2under section 611.46 after one year. |
|---|
| 664 | + | 21.3 (b) The court cannot find a defendant unlikely to attain competency based upon a |
|---|
| 665 | + | 21.4defendant's refusal to cooperate with or remain at a certified competency program or |
|---|
| 666 | + | 21.5cooperate with an examination. |
|---|
| 667 | + | 21.6 (c) The parties are entitled to 30 days of notice prior to the hearing and, unless the parties |
|---|
| 668 | + | 21.7agree to a longer time period, the court must determine within 30 days after the hearing |
|---|
| 669 | + | 21.8whether there is a substantial probability that the defendant will attain competency within |
|---|
| 670 | + | 21.9the foreseeable future. |
|---|
| 671 | + | 21.10 (d) A party attempting to demonstrate that there is a substantial probability that the |
|---|
| 672 | + | 21.11defendant will attain competency within the foreseeable future must prove that probability |
|---|
| 673 | + | 21.12by a preponderance of the evidence. |
|---|
| 674 | + | 21.13 Subd. 2.Procedure.(a) If the court finds that there is a substantial probability that the |
|---|
| 675 | + | 21.14defendant will attain competency within the reasonably foreseeable future, the court shall |
|---|
| 676 | + | 21.15find the defendant incompetent and proceed under section 611.46. |
|---|
| 677 | + | 21.16 (b) If the court finds that there is not a substantial probability the defendant will attain |
|---|
| 678 | + | 21.17competency within the reasonably foreseeable future, the court may not order the defendant |
|---|
| 679 | + | 21.18to participate in or continue to participate in a competency restoration attainment program |
|---|
| 680 | + | 21.19in a locked treatment facility. The court must release the defendant from any custody holds |
|---|
| 681 | + | 21.20pertaining to the underlying criminal case and require the forensic navigator to develop a |
|---|
| 682 | + | 21.21bridge plan. |
|---|
| 683 | + | 21.22 (c) If the court finds that there is not a substantial probability the defendant will attain |
|---|
| 684 | + | 21.23competency within the foreseeable future, the court may issue an order to the designated |
|---|
| 685 | + | 21.24agency in the county of financial responsibility or the county where the defendant is present |
|---|
| 686 | + | 21.25to conduct a prepetition screening pursuant to section 253B.07. |
|---|
| 687 | + | 21.26 (d) If a hearing is held under this subdivision and the criteria pursuant to subdivision 1, |
|---|
| 688 | + | 21.27paragraphs (a) and (b) are satisfied, a party attempting to demonstrate that there is a |
|---|
| 689 | + | 21.28substantial probability that the defendant will attain competency within the foreseeable |
|---|
| 690 | + | 21.29future must prove by a preponderance of the evidence. |
|---|
| 691 | + | 21.30 (e) (d) If the court finds that there is not a substantial probability that the defendant will |
|---|
| 692 | + | 21.31attain competency within the foreseeable future, the court must dismiss the case unless: |
|---|
| 693 | + | 21.32 (1) the person is charged with a violation of section 609.185 (murder in the first degree); |
|---|
| 694 | + | 21.33609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 |
|---|
| 692 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 22.1 (e) (d) If the court finds that there is not a substantial probability that the defendant will |
|---|
| 693 | | - | 22.2attain competency within the foreseeable future, the court must dismiss the case unless: |
|---|
| 694 | | - | 22.3 (1) the person is charged with a violation of section 609.185 (murder in the first degree); |
|---|
| 695 | | - | 22.4609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 |
|---|
| 696 | | - | 22.5(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112 |
|---|
| 697 | | - | 22.6(criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death |
|---|
| 698 | | - | 22.7to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662 |
|---|
| 699 | | - | 22.8(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in |
|---|
| 700 | | - | 22.9the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 |
|---|
| 701 | | - | 22.10(manslaughter of an unborn child in the second degree); or a crime of violence as defined |
|---|
| 702 | | - | 22.11in section 624.712, subdivision 5, except for a violation of chapter 152; or |
|---|
| 703 | | - | 22.12 (2) there is a showing of a danger to public safety if the matter is dismissed. |
|---|
| 704 | | - | 22.13 (f) (e) If the court does not dismiss the charges, the court must order continued supervision |
|---|
| 705 | | - | 22.14under subdivision 3. |
|---|
| 706 | | - | 22.15 Subd. 3.Continued supervision.(a) If the court orders the continued supervision of a |
|---|
| 707 | | - | 22.16defendant, any party may request a hearing on the issue of continued supervision by filing |
|---|
| 708 | | - | 22.17a notice no more than ten days after the order for continued supervision. |
|---|
| 709 | | - | 22.18 (b) When continued supervision is ordered, the court must identify the supervisory |
|---|
| 710 | | - | 22.19agency responsible for the supervision of the defendant, including but not limited to directing |
|---|
| 711 | | - | 22.20and may identify a forensic navigator as the responsible entity. |
|---|
| 712 | | - | 22.21 (c) Notwithstanding the reporting requirements of section 611.46, subdivision 6, the |
|---|
| 713 | | - | 22.22court examiner must provide an updated report to the court one year after the initial order |
|---|
| 714 | | - | 22.23for continued supervision as to the defendant's competency and a description of the efforts |
|---|
| 715 | | - | 22.24made to restore assist the defendant to in attaining competency. The court shall hold a review |
|---|
| 716 | | - | 22.25hearing within 30 days of receipt of the report. |
|---|
| 717 | | - | 22.26 (d) If continued supervision is ordered at the review hearing under paragraph (c), the |
|---|
| 718 | | - | 22.27court must set a date for a review hearing no later than two years after the most recent order |
|---|
| 719 | | - | 22.28for continuing supervision. The court must order review of the defendant's status, including |
|---|
| 720 | | - | 22.29an updated competency examination and report by the court examiner. The court examiner |
|---|
| 721 | | - | 22.30must submit the updated report to the court. At the review hearing, the court must determine |
|---|
| 722 | | - | 22.31if the defendant has attained competency, whether there is a substantial probability that the |
|---|
| 723 | | - | 22.32defendant will attain competency within the foreseeable future, and whether the absence of |
|---|
| 724 | | - | 22.33continuing supervision of the defendant is a danger to public safety. Notwithstanding |
|---|
| 696 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 22.1(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112 |
|---|
| 697 | + | 22.2(criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death |
|---|
| 698 | + | 22.3to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662 |
|---|
| 699 | + | 22.4(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in |
|---|
| 700 | + | 22.5the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 |
|---|
| 701 | + | 22.6(manslaughter of an unborn child in the second degree); or a crime of violence as defined |
|---|
| 702 | + | 22.7in section 624.712, subdivision 5, except for a violation of chapter 152; or |
|---|
| 703 | + | 22.8 (2) there is a showing of a danger to public safety if the matter is dismissed. |
|---|
| 704 | + | 22.9 (f) (e) If the court does not dismiss the charges, the court must order continued supervision |
|---|
| 705 | + | 22.10under subdivision 3. |
|---|
| 706 | + | 22.11 Subd. 3.Continued supervision.(a) If the court orders the continued supervision of a |
|---|
| 707 | + | 22.12defendant, any party may request a hearing on the issue of continued supervision by filing |
|---|
| 708 | + | 22.13a notice no more than ten days after the order for continued supervision. |
|---|
| 709 | + | 22.14 (b) When continued supervision is ordered, the court must identify the supervisory |
|---|
| 710 | + | 22.15agency responsible for the supervision of the defendant, including but not limited to directing |
|---|
| 711 | + | 22.16and may identify a forensic navigator as the responsible entity. |
|---|
| 712 | + | 22.17 (c) Notwithstanding the reporting requirements of section 611.46, subdivision 6, the |
|---|
| 713 | + | 22.18court examiner must provide an updated report to the court one year after the initial order |
|---|
| 714 | + | 22.19for continued supervision as to the defendant's competency and a description of the efforts |
|---|
| 715 | + | 22.20made to restore assist the defendant to in attaining competency. The court shall hold a review |
|---|
| 716 | + | 22.21hearing within 30 days of receipt of the report. |
|---|
| 717 | + | 22.22 (d) If continued supervision is ordered at the review hearing under paragraph (c), the |
|---|
| 718 | + | 22.23court must set a date for a review hearing no later than two years after the most recent order |
|---|
| 719 | + | 22.24for continuing supervision. The court must order review of the defendant's status, including |
|---|
| 720 | + | 22.25an updated competency examination and report by the court examiner. The court examiner |
|---|
| 721 | + | 22.26must submit the updated report to the court. At the review hearing, the court must determine |
|---|
| 722 | + | 22.27if the defendant has attained competency, whether there is a substantial probability that the |
|---|
| 723 | + | 22.28defendant will attain competency within the foreseeable future, and whether the absence of |
|---|
| 724 | + | 22.29continuing supervision of the defendant is a danger to public safety. Notwithstanding |
|---|
| 725 | + | 22.30subdivision 2, paragraph (e) (d), the court may hear any motions to dismiss pursuant to the |
|---|
| 726 | + | 22.31interest of justice at the review hearing. |
|---|
| 727 | + | 22.32 (e) Continued supervision of a defendant in cases where the most serious charge is a |
|---|
| 728 | + | 22.33targeted misdemeanor or gross misdemeanor is subject to the limitations established in |
|---|
| 729 | + | 22.34section 611.45, subdivision 3, paragraph (b). |
|---|
| 726 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 23.1subdivision 2, paragraph (e) (d), the court may hear any motions to dismiss pursuant to the |
|---|
| 727 | | - | 23.2interest of justice at the review hearing. |
|---|
| 728 | | - | 23.3 (e) Continued supervision of a defendant in cases where the most serious charge is a |
|---|
| 729 | | - | 23.4targeted misdemeanor or gross misdemeanor is subject to the limitations established in |
|---|
| 730 | | - | 23.5section 611.45, subdivision 3, paragraph (b). |
|---|
| 731 | | - | 23.6 (e) (f) The court may not order continued supervision of a defendant charged with a |
|---|
| 732 | | - | 23.7felony for more than ten years unless the defendant is charged with a violation of section |
|---|
| 733 | | - | 23.8609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder |
|---|
| 734 | | - | 23.9in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in |
|---|
| 735 | | - | 23.10the second degree); 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 |
|---|
| 736 | | - | 23.11(criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn |
|---|
| 737 | | - | 23.12child in the first degree); 609.2662 (murder of an unborn child in the second degree); |
|---|
| 738 | | - | 23.13609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an |
|---|
| 739 | | - | 23.14unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second |
|---|
| 740 | | - | 23.15degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a |
|---|
| 741 | | - | 23.16violation of chapter 152. |
|---|
| 742 | | - | 23.17 (f) (g) At any time, the head of the program may discharge the defendant from the |
|---|
| 743 | | - | 23.18program or facility. The head of the program must notify the court, prosecutor, defense |
|---|
| 744 | | - | 23.19counsel, forensic navigator, and any entity responsible for the supervision of the defendant |
|---|
| 745 | | - | 23.20prior to any planned discharge. Absent emergency circumstances, this notification shall be |
|---|
| 746 | | - | 23.21made five days prior to the discharge. If the defendant is discharged from the program or |
|---|
| 747 | | - | 23.22facility under emergency circumstances, notification of emergency discharge shall include |
|---|
| 748 | | - | 23.23a description of the emergency circumstances and may include a request for emergency |
|---|
| 749 | | - | 23.24transportation. The court shall make a determination on a request for emergency |
|---|
| 750 | | - | 23.25transportation within 24 hours. Nothing in this section prohibits a law enforcement agency |
|---|
| 751 | | - | 23.26from transporting a defendant pursuant to any other authority. |
|---|
| 752 | | - | 23.27 (g) (h) The court may provide, partner, or contract for pretrial supervision services or |
|---|
| 753 | | - | 23.28continued supervision if the defendant is found incompetent and unlikely to attain competency |
|---|
| 754 | | - | 23.29in the foreseeable future. |
|---|
| 755 | | - | 23Sec. 29. |
|---|
| 756 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 24.1 Sec. 30. Minnesota Statutes 2022, section 611.51, is amended to read: |
|---|
| 757 | | - | 24.2 611.51 CREDIT FOR CONFINEMENT . |
|---|
| 758 | | - | 24.3 If the defendant is convicted, any time spent confined in a secured secure setting while |
|---|
| 759 | | - | 24.4being assessed and restored to or receiving competency attainment services must be credited |
|---|
| 760 | | - | 24.5as time served. |
|---|
| 761 | | - | 24.6 Sec. 31. Minnesota Statutes 2022, section 611.55, is amended to read: |
|---|
| 762 | | - | 24.7 611.55 FORENSIC NAVIGATOR SERVICES. |
|---|
| 763 | | - | 24.8 Subdivision 1.Definition.As used in this section, "board" means the State Competency |
|---|
| 764 | | - | 24.9Restoration Attainment Board established in section 611.56. |
|---|
| 765 | | - | 24.10 Subd. 2.Availability of forensic navigator services.The board must provide or contract |
|---|
| 766 | | - | 24.11for enough forensic navigator services to meet the needs of adult defendants in each judicial |
|---|
| 767 | | - | 24.12district who are found incompetent to proceed. |
|---|
| 768 | | - | 24.13 Subd. 3.Duties.(a) Forensic navigators shall assist and supervise defendants when |
|---|
| 769 | | - | 24.14appointed to do so by a court. Forensic navigators shall be impartial in all legal matters |
|---|
| 770 | | - | 24.15relating to the criminal case. Nothing shall be construed to permit the forensic navigator to |
|---|
| 771 | | - | 24.16provide legal counsel as a representative of the court, prosecutor, or defense counsel. Forensic |
|---|
| 772 | | - | 24.17navigators shall be required to report compliance and noncompliance with pretrial supervision |
|---|
| 773 | | - | 24.18and any orders of the court. |
|---|
| 774 | | - | 24.19 (b) Forensic navigators shall provide services to assist defendants with mental illnesses |
|---|
| 775 | | - | 24.20and cognitive impairments. Services may include, but are not limited to: |
|---|
| 776 | | - | 24.21 (1) developing bridge plans; |
|---|
| 777 | | - | 24.22 (2) assisting defendants in participating in court-ordered examinations and hearings; |
|---|
| 778 | | - | 24.23 (3) coordinating timely placement in court-ordered competency restoration attainment |
|---|
| 779 | | - | 24.24programs; |
|---|
| 780 | | - | 24.25 (4) providing competency restoration attainment education; |
|---|
| 781 | | - | 24.26 (5) reporting to the court on the progress of defendants found incompetent to stand trial; |
|---|
| 782 | | - | 24.27 (6) providing coordinating services to help defendants access needed mental health |
|---|
| 783 | | - | 24.28services, medical care, stable housing and housing assistance, financial assistance, social |
|---|
| 784 | | - | 24.29services, transportation, precharge and pretrial diversion, and other necessary services |
|---|
| 785 | | - | 24.30provided by other programs and community service providers; |
|---|
| 731 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 23.1 (e) (f) The court may not order continued supervision of a defendant charged with a |
|---|
| 732 | + | 23.2felony for more than ten years unless the defendant is charged with a violation of section |
|---|
| 733 | + | 23.3609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder |
|---|
| 734 | + | 23.4in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in |
|---|
| 735 | + | 23.5the second degree); 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 |
|---|
| 736 | + | 23.6(criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn |
|---|
| 737 | + | 23.7child in the first degree); 609.2662 (murder of an unborn child in the second degree); |
|---|
| 738 | + | 23.8609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an |
|---|
| 739 | + | 23.9unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second |
|---|
| 740 | + | 23.10degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a |
|---|
| 741 | + | 23.11violation of chapter 152. |
|---|
| 742 | + | 23.12 (f) (g) At any time, the head of the program may discharge the defendant from the |
|---|
| 743 | + | 23.13program or facility. The head of the program must notify the court, prosecutor, defense |
|---|
| 744 | + | 23.14counsel, forensic navigator, and any entity responsible for the supervision of the defendant |
|---|
| 745 | + | 23.15prior to any planned discharge. Absent emergency circumstances, this notification shall be |
|---|
| 746 | + | 23.16made five days prior to the discharge. If the defendant is discharged from the program or |
|---|
| 747 | + | 23.17facility under emergency circumstances, notification of emergency discharge shall include |
|---|
| 748 | + | 23.18a description of the emergency circumstances and may include a request for emergency |
|---|
| 749 | + | 23.19transportation. The court shall make a determination on a request for emergency |
|---|
| 750 | + | 23.20transportation within 24 hours. Nothing in this section prohibits a law enforcement agency |
|---|
| 751 | + | 23.21from transporting a defendant pursuant to any other authority. |
|---|
| 752 | + | 23.22 (g) (h) The court may provide, partner, or contract for pretrial supervision services or |
|---|
| 753 | + | 23.23continued supervision if the defendant is found incompetent and unlikely to attain competency |
|---|
| 754 | + | 23.24in the foreseeable future. |
|---|
| 755 | + | 23.25Sec. 30. Minnesota Statutes 2022, section 611.51, is amended to read: |
|---|
| 756 | + | 23.26 611.51 CREDIT FOR CONFINEMENT . |
|---|
| 757 | + | 23.27 If the defendant is convicted, any time spent confined in a secured secure setting while |
|---|
| 758 | + | 23.28being assessed and restored to or receiving competency attainment services must be credited |
|---|
| 759 | + | 23.29as time served. |
|---|
| 760 | + | 23.30Sec. 31. Minnesota Statutes 2022, section 611.55, is amended to read: |
|---|
| 761 | + | 23.31 611.55 FORENSIC NAVIGATOR SERVICES. |
|---|
| 762 | + | 23.32 Subdivision 1.Definition.As used in this section, "board" means the State Competency |
|---|
| 763 | + | 23.33Restoration Attainment Board established in section 611.56. |
|---|
| 764 | + | 23Sec. 31. |
|---|
| 765 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 24.1 Subd. 2.Availability of forensic navigator services.The board must provide or contract |
|---|
| 766 | + | 24.2for enough forensic navigator services to meet the needs of adult defendants in each judicial |
|---|
| 767 | + | 24.3district who are found incompetent to proceed. |
|---|
| 768 | + | 24.4 Subd. 3.Duties.(a) Forensic navigators shall assist and supervise defendants when |
|---|
| 769 | + | 24.5appointed to do so by a court. Forensic navigators shall be impartial in all legal matters |
|---|
| 770 | + | 24.6relating to the criminal case. Nothing shall be construed to permit the forensic navigator to |
|---|
| 771 | + | 24.7provide legal counsel as a representative of the court, prosecutor, or defense counsel. Forensic |
|---|
| 772 | + | 24.8navigators shall be required to report compliance and noncompliance with pretrial supervision |
|---|
| 773 | + | 24.9and any orders of the court. |
|---|
| 774 | + | 24.10 (b) Forensic navigators shall provide services to assist defendants with mental illnesses |
|---|
| 775 | + | 24.11and cognitive impairments. Services may include, but are not limited to: |
|---|
| 776 | + | 24.12 (1) developing bridge plans; |
|---|
| 777 | + | 24.13 (2) assisting defendants in participating in court-ordered examinations and hearings; |
|---|
| 778 | + | 24.14 (3) coordinating timely placement in court-ordered competency restoration attainment |
|---|
| 779 | + | 24.15programs; |
|---|
| 780 | + | 24.16 (4) providing competency restoration attainment education; |
|---|
| 781 | + | 24.17 (5) reporting to the court on the progress of defendants found incompetent to stand trial; |
|---|
| 782 | + | 24.18 (6) providing coordinating services to help defendants access needed mental health |
|---|
| 783 | + | 24.19services, medical care, stable housing and housing assistance, financial assistance, social |
|---|
| 784 | + | 24.20services, transportation, precharge and pretrial diversion, and other necessary services |
|---|
| 785 | + | 24.21provided by other programs and community service providers; |
|---|
| 786 | + | 24.22 (7) communicating with and offering supportive resources to defendants and family |
|---|
| 787 | + | 24.23members of defendants; and |
|---|
| 788 | + | 24.24 (8) providing consultation and education to court officials on emerging issues and |
|---|
| 789 | + | 24.25innovations in serving defendants with mental illnesses in the court system. |
|---|
| 790 | + | 24.26 (c) When ordered to supervise a defendant, a forensic navigator shall report to the court |
|---|
| 791 | + | 24.27on a defendant's compliance or noncompliance with conditions of pretrial supervision and |
|---|
| 792 | + | 24.28any order of the court. |
|---|
| 793 | + | 24.29 (c) (d) If a defendant's charges are dismissed, the appointed forensic navigator may |
|---|
| 794 | + | 24.30continue assertive outreach with the individual for up to 90 days to assist in attaining stability |
|---|
| 795 | + | 24.31in the community. |
|---|
| 787 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 25.1 (7) communicating with and offering supportive resources to defendants and family |
|---|
| 788 | | - | 25.2members of defendants; and |
|---|
| 789 | | - | 25.3 (8) providing consultation and education to court officials on emerging issues and |
|---|
| 790 | | - | 25.4innovations in serving defendants with mental illnesses in the court system. |
|---|
| 791 | | - | 25.5 (c) When ordered to supervise a defendant, a forensic navigator shall report to the court |
|---|
| 792 | | - | 25.6on a defendant's compliance or noncompliance with conditions of pretrial supervision and |
|---|
| 793 | | - | 25.7any order of the court. |
|---|
| 794 | | - | 25.8 (c) (d) If a defendant's charges are dismissed, the appointed forensic navigator may |
|---|
| 795 | | - | 25.9continue assertive outreach with the individual for up to 90 days to assist in attaining stability |
|---|
| 796 | | - | 25.10in the community. |
|---|
| 797 | | - | 25.11 Subd. 4.Bridge plans.(a) The forensic navigator must prepare bridge plans A forensic |
|---|
| 798 | | - | 25.12navigator must prepare a bridge plan with the defendant and submit them the bridge plan |
|---|
| 799 | | - | 25.13to the court. Bridge plans must be submitted before the time the court makes a competency |
|---|
| 800 | | - | 25.14finding pursuant to section 611.45. The A bridge plan must include: |
|---|
| 801 | | - | 25.15 (1) a confirmed housing address the defendant will use upon release, including but not |
|---|
| 802 | | - | 25.16limited to emergency shelters; |
|---|
| 803 | | - | 25.17 (2) if possible, the dates, times, locations, and contact information for any appointments |
|---|
| 804 | | - | 25.18made to further coordinate support and assistance for the defendant in the community, |
|---|
| 805 | | - | 25.19including but not limited to mental health and substance use disorder treatment, or a list of |
|---|
| 806 | | - | 25.20referrals to services; and |
|---|
| 807 | | - | 25.21 (3) any other referrals, resources, or recommendations the forensic navigator or court |
|---|
| 808 | | - | 25.22deems necessary. |
|---|
| 809 | | - | 25.23 (b) Bridge plans and any supporting records or other data submitted with those plans |
|---|
| 810 | | - | 25.24are not accessible to the public. |
|---|
| 811 | | - | 25.25Sec. 32. Minnesota Statutes 2022, section 611.56, is amended to read: |
|---|
| 812 | | - | 25.26 611.56 STATE COMPETENCY RESTORATION ATTAINMENT BOARD. |
|---|
| 813 | | - | 25.27 Subdivision 1.Establishment; membership.(a) The State Competency Restoration |
|---|
| 814 | | - | 25.28Attainment Board is established in the judicial branch. The board is not subject to the |
|---|
| 815 | | - | 25.29administrative control of the judiciary. The board shall consist of seven members, including: |
|---|
| 816 | | - | 25.30 (1) three members appointed by the supreme court, at least one of whom must be a |
|---|
| 817 | | - | 25.31defense attorney, one a county attorney, and one public member; and |
|---|
| 797 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 25.1 Subd. 4.Bridge plans.(a) The Forensic navigator navigators must prepare bridge plans |
|---|
| 798 | + | 25.2to assist with a stable transition back into the community. A forensic navigator must prepare |
|---|
| 799 | + | 25.3a bridge plan with the defendant and submit them the bridge plan to the court. Bridge plans |
|---|
| 800 | + | 25.4must be submitted before the time the court makes a competency finding pursuant to section |
|---|
| 801 | + | 25.5611.45. The A bridge plan must include: |
|---|
| 802 | + | 25.6 (1) a confirmed housing address the defendant will use upon release, including but not |
|---|
| 803 | + | 25.7limited to emergency shelters; |
|---|
| 804 | + | 25.8 (2) if possible, the dates, times, locations, and contact information for any appointments |
|---|
| 805 | + | 25.9made to further coordinate support and assistance for the defendant in the community, |
|---|
| 806 | + | 25.10including but not limited to mental health and substance use disorder treatment, or a list of |
|---|
| 807 | + | 25.11referrals to services; and |
|---|
| 808 | + | 25.12 (3) any other referrals, resources, or recommendations the forensic navigator or court |
|---|
| 809 | + | 25.13deems necessary. |
|---|
| 810 | + | 25.14 (b) Bridge plans and any supporting records or other data submitted with those plans |
|---|
| 811 | + | 25.15are not accessible to the public. |
|---|
| 812 | + | 25.16Sec. 32. Minnesota Statutes 2022, section 611.56, is amended to read: |
|---|
| 813 | + | 25.17 611.56 STATE COMPETENCY RESTORATION ATTAINMENT BOARD. |
|---|
| 814 | + | 25.18 Subdivision 1.Establishment; membership.(a) The State Competency Restoration |
|---|
| 815 | + | 25.19Attainment Board is established in the judicial branch. The board is not subject to the |
|---|
| 816 | + | 25.20administrative control of the judiciary. The board shall consist of seven members, including: |
|---|
| 817 | + | 25.21 (1) three members appointed by the supreme court, at least one of whom must be a |
|---|
| 818 | + | 25.22defense attorney, one a county attorney, and one public member; and |
|---|
| 819 | + | 25.23 (2) four members appointed by the governor, at least one of whom must be a mental |
|---|
| 820 | + | 25.24health professional with experience in competency restoration attainment. |
|---|
| 821 | + | 25.25 (b) The appointing authorities may not appoint an active judge to be a member of the |
|---|
| 822 | + | 25.26board, but may appoint a retired judge. |
|---|
| 823 | + | 25.27 (c) All members must demonstrate an interest in maintaining a high quality, independent |
|---|
| 824 | + | 25.28forensic navigator program and a thorough process for certification of competency restoration |
|---|
| 825 | + | 25.29attainment programs. Members shall be familiar with the Minnesota Rules of Criminal |
|---|
| 826 | + | 25.30Procedure, particularly rule 20; chapter 253B; and sections 611.40 to 611.59. Following |
|---|
| 827 | + | 25.31the initial terms of appointment, at least one member appointed by the supreme court must |
|---|
| 828 | + | 25.32have previous experience working as a forensic navigator. At least three members of the |
|---|
| 819 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 26.1 (2) four members appointed by the governor, at least one of whom must be a mental |
|---|
| 820 | | - | 26.2health professional with experience in competency restoration attainment. |
|---|
| 821 | | - | 26.3 (b) The appointing authorities may not appoint an active judge to be a member of the |
|---|
| 822 | | - | 26.4board, but may appoint a retired judge. |
|---|
| 823 | | - | 26.5 (c) All members must demonstrate an interest in maintaining a high quality, independent |
|---|
| 824 | | - | 26.6forensic navigator program and a thorough process for certification of competency restoration |
|---|
| 825 | | - | 26.7attainment programs. Members shall be familiar with the Minnesota Rules of Criminal |
|---|
| 826 | | - | 26.8Procedure, particularly rule 20; chapter 253B; and sections 611.40 to 611.59. Following |
|---|
| 827 | | - | 26.9the initial terms of appointment, at least one member appointed by the supreme court must |
|---|
| 828 | | - | 26.10have previous experience working as a forensic navigator. At least three members of the |
|---|
| 829 | | - | 26.11board shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms, |
|---|
| 830 | | - | 26.12compensation, and removal of members shall be as provided in section 15.0575. The members |
|---|
| 831 | | - | 26.13shall elect the chair from among the membership for a term of two years. |
|---|
| 832 | | - | 26.14 Subd. 2.Duties and responsibilities.(a) The board shall create and administer a |
|---|
| 833 | | - | 26.15statewide, independent competency restoration attainment system that certifies competency |
|---|
| 834 | | - | 26.16restoration attainment programs and uses forensic navigators to promote prevention and |
|---|
| 835 | | - | 26.17diversion of people with mental illnesses and cognitive impairments from entering the legal |
|---|
| 836 | | - | 26.18system, support defendants with mental illness and cognitive impairments, support defendants |
|---|
| 837 | | - | 26.19in the competency process, and assist courts and partners in coordinating competency |
|---|
| 838 | | - | 26.20restoration attainment services. |
|---|
| 839 | | - | 26.21 (b) The board shall: |
|---|
| 840 | | - | 26.22 (1) approve and recommend to the legislature a budget for the board and the forensic |
|---|
| 841 | | - | 26.23navigator program; |
|---|
| 842 | | - | 26.24 (2) establish procedures for distribution of funding under this section to the forensic |
|---|
| 843 | | - | 26.25navigator program; |
|---|
| 844 | | - | 26.26 (3) establish forensic navigator standards, administrative policies, procedures, and rules |
|---|
| 845 | | - | 26.27consistent with statute, rules of court, and laws that affect a forensic navigator's work; |
|---|
| 846 | | - | 26.28 (4) establish certification requirements for competency restoration attainment programs; |
|---|
| 847 | | - | 26.29and |
|---|
| 848 | | - | 26.30 (5) carry out the programs under sections 611.57, 611.58, and 611.59. |
|---|
| 849 | | - | 26.31 (c) The board may: |
|---|
| 830 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 26.1board shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms, |
|---|
| 831 | + | 26.2compensation, and removal of members shall be as provided in section 15.0575. The members |
|---|
| 832 | + | 26.3shall elect the chair from among the membership for a term of two years. |
|---|
| 833 | + | 26.4 Subd. 2.Duties and responsibilities.(a) The board shall create and administer a |
|---|
| 834 | + | 26.5statewide, independent competency restoration attainment system that certifies competency |
|---|
| 835 | + | 26.6restoration attainment programs and uses forensic navigators to promote prevention and |
|---|
| 836 | + | 26.7diversion of people with mental illnesses and cognitive impairments from entering the legal |
|---|
| 837 | + | 26.8system, support defendants with mental illness and cognitive impairments, support defendants |
|---|
| 838 | + | 26.9in the competency process, and assist courts and partners in coordinating competency |
|---|
| 839 | + | 26.10restoration attainment services. |
|---|
| 840 | + | 26.11 (b) The board shall: |
|---|
| 841 | + | 26.12 (1) approve and recommend to the legislature a budget for the board and the forensic |
|---|
| 842 | + | 26.13navigator program; |
|---|
| 843 | + | 26.14 (2) establish procedures for distribution of funding under this section to the forensic |
|---|
| 844 | + | 26.15navigator program; |
|---|
| 845 | + | 26.16 (3) establish forensic navigator standards, administrative policies, procedures, and rules |
|---|
| 846 | + | 26.17consistent with statute, rules of court, and laws that affect a forensic navigator's work; |
|---|
| 847 | + | 26.18 (4) establish certification requirements for competency restoration attainment programs; |
|---|
| 848 | + | 26.19and |
|---|
| 849 | + | 26.20 (5) carry out the programs under sections 611.57, 611.58, and 611.59. |
|---|
| 850 | + | 26.21 (c) The board may: |
|---|
| 851 | + | 26.22 (1) adopt standards, policies, or procedures necessary to ensure quality assistance for |
|---|
| 852 | + | 26.23defendants found incompetent to stand trial and charged with a felony, gross misdemeanor, |
|---|
| 853 | + | 26.24or targeted misdemeanor, or for defendants found incompetent to stand trial who have |
|---|
| 854 | + | 26.25recurring incidents; |
|---|
| 855 | + | 26.26 (2) establish district forensic navigator offices as provided in subdivision 4; and |
|---|
| 856 | + | 26.27 (3) propose statutory changes to the legislature and rule changes to the supreme court |
|---|
| 857 | + | 26.28that would facilitate the effective operation of the forensic navigator program. |
|---|
| 858 | + | 26.29 Subd. 3.Administrator.The board shall appoint a program administrator who serves |
|---|
| 859 | + | 26.30at the pleasure of the board. The program administrator shall attend all meetings of the board |
|---|
| 860 | + | 26.31and the Certification Advisory Committee, but may not vote, and shall: |
|---|
| 851 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 27.1 (1) adopt standards, policies, or procedures necessary to ensure quality assistance for |
|---|
| 852 | | - | 27.2defendants found incompetent to stand trial and charged with a felony, gross misdemeanor, |
|---|
| 853 | | - | 27.3or targeted misdemeanor, or for defendants found incompetent to stand trial who have |
|---|
| 854 | | - | 27.4recurring incidents; |
|---|
| 855 | | - | 27.5 (2) establish district forensic navigator offices as provided in subdivision 4; and |
|---|
| 856 | | - | 27.6 (3) propose statutory changes to the legislature and rule changes to the supreme court |
|---|
| 857 | | - | 27.7that would facilitate the effective operation of the forensic navigator program. |
|---|
| 858 | | - | 27.8 Subd. 3.Administrator.The board shall appoint a program administrator who serves |
|---|
| 859 | | - | 27.9at the pleasure of the board. The program administrator shall attend all meetings of the board |
|---|
| 860 | | - | 27.10and the Certification Advisory Committee, but may not vote, and shall: |
|---|
| 861 | | - | 27.11 (1) carry out all administrative functions necessary for the efficient and effective operation |
|---|
| 862 | | - | 27.12of the board and the program, including but not limited to hiring, supervising, and disciplining |
|---|
| 863 | | - | 27.13program staff and forensic navigators; |
|---|
| 864 | | - | 27.14 (2) implement, as necessary, resolutions, standards, rules, regulations, and policies of |
|---|
| 865 | | - | 27.15the board; |
|---|
| 866 | | - | 27.16 (3) keep the board fully advised as to its financial condition, and prepare and submit to |
|---|
| 867 | | - | 27.17the board the annual program and budget and other financial information as requested by |
|---|
| 868 | | - | 27.18the board; |
|---|
| 869 | | - | 27.19 (4) recommend to the board the adoption of rules and regulations necessary for the |
|---|
| 870 | | - | 27.20efficient operation of the board and the program; and |
|---|
| 871 | | - | 27.21 (5) perform other duties prescribed by the board. |
|---|
| 872 | | - | 27.22 Subd. 4.District offices.The board may establish district forensic navigator offices in |
|---|
| 873 | | - | 27.23counties, judicial districts, or other areas where the number of defendants receiving |
|---|
| 874 | | - | 27.24competency restoration attainment services requires more than one full-time forensic |
|---|
| 875 | | - | 27.25navigator and establishment of an office is fiscally responsible and in the best interest of |
|---|
| 876 | | - | 27.26defendants found to be incompetent. |
|---|
| 877 | | - | 27.27 Subd. 5.Administration.The board may contract with the Office of State Court |
|---|
| 878 | | - | 27.28Administrator for administrative support services for the fiscal years following fiscal year |
|---|
| 879 | | - | 27.292022. |
|---|
| 880 | | - | 27.30 Subd. 6.Fees and costs; civil actions on contested case.Sections 15.039 and 15.471 |
|---|
| 881 | | - | 27.31to 15.474 apply to the State Competency Restoration Attainment Board. |
|---|
| 882 | | - | 27Sec. 32. |
|---|
| 883 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 28.1 Subd. 7.Access to records.Access to records of the board is subject to the Rules of |
|---|
| 884 | | - | 28.2Public Access for Records of the Judicial Branch. The board may propose amendments for |
|---|
| 885 | | - | 28.3supreme court consideration. |
|---|
| 886 | | - | 28.4 Sec. 33. Minnesota Statutes 2022, section 611.57, is amended to read: |
|---|
| 887 | | - | 28.5 611.57 CERTIFICATION ADVISORY COMMITTEE. |
|---|
| 888 | | - | 28.6 Subdivision 1.Establishment.The Certification Advisory Committee is established to |
|---|
| 889 | | - | 28.7provide the State Competency Restoration Attainment Board with advice and expertise |
|---|
| 890 | | - | 28.8related to the certification of competency restoration attainment programs, including |
|---|
| 891 | | - | 28.9jail-based programs. |
|---|
| 892 | | - | 28.10 Subd. 2.Membership.(a) The Certification Advisory Committee consists of the |
|---|
| 893 | | - | 28.11following members: |
|---|
| 894 | | - | 28.12 (1) a mental health professional, as defined in section 245I.02, subdivision 27, with |
|---|
| 895 | | - | 28.13community behavioral health experience, appointed by the governor; |
|---|
| 896 | | - | 28.14 (2) a board-certified forensic psychiatrist with experience in competency evaluations, |
|---|
| 897 | | - | 28.15providing competency restoration attainment services, or both, appointed by the governor; |
|---|
| 898 | | - | 28.16 (3) a board-certified forensic psychologist with experience in competency evaluations, |
|---|
| 899 | | - | 28.17providing competency restoration attainment services, or both, appointed by the governor; |
|---|
| 900 | | - | 28.18 (4) the president of the Minnesota Corrections Association or a designee; |
|---|
| 901 | | - | 28.19 (5) the direct care and treatment deputy commissioner or a designee; |
|---|
| 902 | | - | 28.20 (6) the president of the Minnesota Association of County Social Service Administrators |
|---|
| 903 | | - | 28.21or a designee; |
|---|
| 904 | | - | 28.22 (7) the president of the Minnesota Association of Community Mental Health Providers |
|---|
| 905 | | - | 28.23or a designee; |
|---|
| 906 | | - | 28.24 (8) the president of the Minnesota Sheriffs' Association or a designee; and |
|---|
| 907 | | - | 28.25 (9) the executive director of the National Alliance on Mental Illness Minnesota or a |
|---|
| 908 | | - | 28.26designee. |
|---|
| 909 | | - | 28.27 (b) Members of the advisory committee serve without compensation and at the pleasure |
|---|
| 910 | | - | 28.28of the appointing authority. Vacancies shall be filled by the appointing authority consistent |
|---|
| 911 | | - | 28.29with the qualifications of the vacating member required by this subdivision. |
|---|
| 912 | | - | 28.30 Subd. 3.Meetings.At its first meeting, the advisory committee shall elect a chair and |
|---|
| 913 | | - | 28.31may elect a vice-chair. The advisory committee shall meet at least monthly or upon the call |
|---|
| 862 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 27.1 (1) carry out all administrative functions necessary for the efficient and effective operation |
|---|
| 863 | + | 27.2of the board and the program, including but not limited to hiring, supervising, and disciplining |
|---|
| 864 | + | 27.3program staff and forensic navigators; |
|---|
| 865 | + | 27.4 (2) implement, as necessary, resolutions, standards, rules, regulations, and policies of |
|---|
| 866 | + | 27.5the board; |
|---|
| 867 | + | 27.6 (3) keep the board fully advised as to its financial condition, and prepare and submit to |
|---|
| 868 | + | 27.7the board the annual program and budget and other financial information as requested by |
|---|
| 869 | + | 27.8the board; |
|---|
| 870 | + | 27.9 (4) recommend to the board the adoption of rules and regulations necessary for the |
|---|
| 871 | + | 27.10efficient operation of the board and the program; and |
|---|
| 872 | + | 27.11 (5) perform other duties prescribed by the board. |
|---|
| 873 | + | 27.12 Subd. 4.District offices.The board may establish district forensic navigator offices in |
|---|
| 874 | + | 27.13counties, judicial districts, or other areas where the number of defendants receiving |
|---|
| 875 | + | 27.14competency restoration attainment services requires more than one full-time forensic |
|---|
| 876 | + | 27.15navigator and establishment of an office is fiscally responsible and in the best interest of |
|---|
| 877 | + | 27.16defendants found to be incompetent. |
|---|
| 878 | + | 27.17 Subd. 5.Administration.The board may contract with the Office of State Court |
|---|
| 879 | + | 27.18Administrator for administrative support services for the fiscal years following fiscal year |
|---|
| 880 | + | 27.192022. |
|---|
| 881 | + | 27.20 Subd. 6.Fees and costs; civil actions on contested case.Sections 15.039 and 15.471 |
|---|
| 882 | + | 27.21to 15.474 apply to the State Competency Restoration Attainment Board. |
|---|
| 883 | + | 27.22 Subd. 7.Access to records.Access to records of the board is subject to the Rules of |
|---|
| 884 | + | 27.23Public Access for Records of the Judicial Branch. The board may propose amendments for |
|---|
| 885 | + | 27.24supreme court consideration. |
|---|
| 886 | + | 27.25Sec. 33. Minnesota Statutes 2022, section 611.57, is amended to read: |
|---|
| 887 | + | 27.26 611.57 CERTIFICATION ADVISORY COMMITTEE. |
|---|
| 888 | + | 27.27 Subdivision 1.Establishment.The Certification Advisory Committee is established to |
|---|
| 889 | + | 27.28provide the State Competency Restoration Attainment Board with advice and expertise |
|---|
| 890 | + | 27.29related to the certification of competency restoration attainment programs, including |
|---|
| 891 | + | 27.30jail-based programs. |
|---|
| 892 | + | 27.31 Subd. 2.Membership.(a) The Certification Advisory Committee consists of the |
|---|
| 893 | + | 27.32following members: |
|---|
| 894 | + | 27Sec. 33. |
|---|
| 895 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 28.1 (1) a mental health professional, as defined in section 245I.02, subdivision 27, with |
|---|
| 896 | + | 28.2community behavioral health experience, appointed by the governor; |
|---|
| 897 | + | 28.3 (2) a board-certified forensic psychiatrist with experience in competency evaluations, |
|---|
| 898 | + | 28.4providing competency restoration attainment services, or both, appointed by the governor; |
|---|
| 899 | + | 28.5 (3) a board-certified forensic psychologist with experience in competency evaluations, |
|---|
| 900 | + | 28.6providing competency restoration attainment services, or both, appointed by the governor; |
|---|
| 901 | + | 28.7 (4) the president of the Minnesota Corrections Association or a designee; |
|---|
| 902 | + | 28.8 (5) the direct care and treatment deputy commissioner or a designee; |
|---|
| 903 | + | 28.9 (6) the president of the Minnesota Association of County Social Service Administrators |
|---|
| 904 | + | 28.10or a designee; |
|---|
| 905 | + | 28.11 (7) the president of the Minnesota Association of Community Mental Health Providers |
|---|
| 906 | + | 28.12or a designee; |
|---|
| 907 | + | 28.13 (8) the president of the Minnesota Sheriffs' Association or a designee; and |
|---|
| 908 | + | 28.14 (9) the executive director of the National Alliance on Mental Illness Minnesota or a |
|---|
| 909 | + | 28.15designee. |
|---|
| 910 | + | 28.16 (b) Members of the advisory committee serve without compensation and at the pleasure |
|---|
| 911 | + | 28.17of the appointing authority. Vacancies shall be filled by the appointing authority consistent |
|---|
| 912 | + | 28.18with the qualifications of the vacating member required by this subdivision. |
|---|
| 913 | + | 28.19 Subd. 3.Meetings.At its first meeting, the advisory committee shall elect a chair and |
|---|
| 914 | + | 28.20may elect a vice-chair. The advisory committee shall meet at least monthly or upon the call |
|---|
| 915 | + | 28.21the chair. The advisory committee shall meet sufficiently enough to accomplish the tasks |
|---|
| 916 | + | 28.22identified in this section. |
|---|
| 917 | + | 28.23 Subd. 4.Duties.The Certification Advisory Committee shall consult with the Department |
|---|
| 918 | + | 28.24of Human Services, the Department of Health, and the Department of Corrections; make |
|---|
| 919 | + | 28.25recommendations to the State Competency Restoration Attainment Board regarding |
|---|
| 920 | + | 28.26competency restoration attainment curriculum, certification requirements for competency |
|---|
| 921 | + | 28.27restoration attainment programs including jail-based programs, and certification of individuals |
|---|
| 922 | + | 28.28to provide competency restoration attainment services; and provide information and |
|---|
| 923 | + | 28.29recommendations on other issues relevant to competency restoration attainment as requested |
|---|
| 924 | + | 28.30by the board. |
|---|
| 915 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 29.1the chair. The advisory committee shall meet sufficiently enough to accomplish the tasks |
|---|
| 916 | | - | 29.2identified in this section. |
|---|
| 917 | | - | 29.3 Subd. 4.Duties.The Certification Advisory Committee shall consult with the Department |
|---|
| 918 | | - | 29.4of Human Services, the Department of Health, and the Department of Corrections; make |
|---|
| 919 | | - | 29.5recommendations to the State Competency Restoration Attainment Board regarding |
|---|
| 920 | | - | 29.6competency restoration attainment curriculum, certification requirements for competency |
|---|
| 921 | | - | 29.7restoration attainment programs including jail-based programs, and certification of individuals |
|---|
| 922 | | - | 29.8to provide competency restoration attainment services; and provide information and |
|---|
| 923 | | - | 29.9recommendations on other issues relevant to competency restoration attainment as requested |
|---|
| 924 | | - | 29.10by the board. |
|---|
| 925 | | - | 29.11Sec. 34. Minnesota Statutes 2022, section 611.58, is amended to read: |
|---|
| 926 | | - | 29.12 611.58 COMPETENCY RESTORATION ATTAINMENT CURRICULUM AND |
|---|
| 927 | | - | 29.13CERTIFICATION. |
|---|
| 928 | | - | 29.14 Subdivision 1.Curriculum.(a) By January 1, 2023, the board must recommend a |
|---|
| 929 | | - | 29.15competency restoration attainment curriculum to educate and assist defendants found |
|---|
| 930 | | - | 29.16incompetent in attaining the ability to: |
|---|
| 931 | | - | 29.17 (1) rationally consult with counsel; |
|---|
| 932 | | - | 29.18 (2) understand the proceedings; and |
|---|
| 933 | | - | 29.19 (3) participate in the defense. |
|---|
| 934 | | - | 29.20 (b) The curriculum must be flexible enough to be delivered in community and correctional |
|---|
| 935 | | - | 29.21settings by individuals with various levels of education and qualifications, including but |
|---|
| 936 | | - | 29.22not limited to professionals in criminal justice, health care, mental health care, and social |
|---|
| 937 | | - | 29.23services. The board must review and update the curriculum as needed. |
|---|
| 938 | | - | 29.24 Subd. 2.Certification and distribution.By January 1, 2023, the board must develop |
|---|
| 939 | | - | 29.25a process for certifying individuals to deliver the competency restoration attainment |
|---|
| 940 | | - | 29.26curriculum and make the curriculum available to every certified competency restoration |
|---|
| 941 | | - | 29.27attainment program and forensic navigator in the state. Each competency restoration |
|---|
| 942 | | - | 29.28attainment program in the state must use the competency restoration attainment curriculum |
|---|
| 943 | | - | 29.29under this section as the foundation for delivering competency restoration attainment |
|---|
| 944 | | - | 29.30education and must not substantially alter the content. |
|---|
| 945 | | - | 29Sec. 34. |
|---|
| 946 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 30.1 Sec. 35. Minnesota Statutes 2022, section 611.59, is amended to read: |
|---|
| 947 | | - | 30.2 611.59 COMPETENCY RESTORATION ATTAINMENT PROGRAMS. |
|---|
| 948 | | - | 30.3 Subdivision 1.Availability and certification.The board must provide or contract for |
|---|
| 949 | | - | 30.4enough competency restoration attainment services to meet the needs of adult defendants |
|---|
| 950 | | - | 30.5in each judicial district who are found incompetent to proceed and do not have access to |
|---|
| 951 | | - | 30.6competency restoration attainment services as a part of any other programming in which |
|---|
| 952 | | - | 30.7they are ordered to participate. The board, in consultation with the Certification Advisory |
|---|
| 953 | | - | 30.8Committee, shall develop procedures to certify that the standards in this section are met, |
|---|
| 954 | | - | 30.9including procedures for regular recertification of competency restoration attainment |
|---|
| 955 | | - | 30.10programs. The board shall maintain a list of programs it has certified competency restoration |
|---|
| 956 | | - | 30.11programs on the board's website to be updated and shall update the list of competency |
|---|
| 957 | | - | 30.12attainment programs at least once every year. |
|---|
| 958 | | - | 30.13 Subd. 2.Competency restoration attainment provider standards.Except for jail-based |
|---|
| 959 | | - | 30.14programs, a competency restoration attainment provider must: |
|---|
| 960 | | - | 30.15 (1) be able to provide the appropriate mental health or substance use disorder treatment |
|---|
| 961 | | - | 30.16ordered by the court, including but not limited to treatment in inpatient, residential, and |
|---|
| 962 | | - | 30.17home-based settings; |
|---|
| 963 | | - | 30.18 (2) ensure that competency restoration attainment education certified by the board is |
|---|
| 964 | | - | 30.19provided to defendants and that regular assessments of defendants' progress in attaining |
|---|
| 965 | | - | 30.20competency are documented; |
|---|
| 966 | | - | 30.21 (3) designate a head of the program knowledgeable in the processes and requirements |
|---|
| 967 | | - | 30.22of the competency to stand trial procedures; and |
|---|
| 968 | | - | 30.23 (4) develop staff procedures or designate a person responsible to ensure timely |
|---|
| 969 | | - | 30.24communication with the court system. |
|---|
| 970 | | - | 30.25 Subd. 3.Jail-based competency restoration attainment standards.Jail-based |
|---|
| 971 | | - | 30.26competency restoration attainment programs must be housed in correctional facilities licensed |
|---|
| 972 | | - | 30.27by the Department of Corrections under section 241.021 and must: |
|---|
| 973 | | - | 30.28 (1) have a designated program director who meets minimum qualification standards set |
|---|
| 974 | | - | 30.29by the board, including understanding the requirements of competency to stand trial |
|---|
| 975 | | - | 30.30procedures; |
|---|
| 976 | | - | 30.31 (2) provide minimum mental health services including: |
|---|
| 926 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 29.1 Sec. 34. Minnesota Statutes 2022, section 611.58, is amended to read: |
|---|
| 927 | + | 29.2 611.58 COMPETENCY RESTORATION ATTAINMENT CURRICULUM AND |
|---|
| 928 | + | 29.3CERTIFICATION. |
|---|
| 929 | + | 29.4 Subdivision 1.Curriculum.(a) By January 1, 2023, the board must recommend a |
|---|
| 930 | + | 29.5competency restoration attainment curriculum to educate and assist defendants found |
|---|
| 931 | + | 29.6incompetent in attaining the ability to: |
|---|
| 932 | + | 29.7 (1) rationally consult with counsel; |
|---|
| 933 | + | 29.8 (2) understand the proceedings; and |
|---|
| 934 | + | 29.9 (3) participate in the defense. |
|---|
| 935 | + | 29.10 (b) The curriculum must be flexible enough to be delivered in community and correctional |
|---|
| 936 | + | 29.11settings by individuals with various levels of education and qualifications, including but |
|---|
| 937 | + | 29.12not limited to professionals in criminal justice, health care, mental health care, and social |
|---|
| 938 | + | 29.13services. The board must review and update the curriculum as needed. |
|---|
| 939 | + | 29.14 Subd. 2.Certification and distribution.By January 1, 2023, the board must develop |
|---|
| 940 | + | 29.15a process for certifying individuals to deliver the competency restoration attainment |
|---|
| 941 | + | 29.16curriculum and make the curriculum available to every certified competency restoration |
|---|
| 942 | + | 29.17attainment program and forensic navigator in the state. Each competency restoration |
|---|
| 943 | + | 29.18attainment program in the state must use the competency restoration attainment curriculum |
|---|
| 944 | + | 29.19under this section as the foundation for delivering competency restoration attainment |
|---|
| 945 | + | 29.20education and must not substantially alter the content. |
|---|
| 946 | + | 29.21Sec. 35. Minnesota Statutes 2022, section 611.59, is amended to read: |
|---|
| 947 | + | 29.22 611.59 COMPETENCY RESTORATION ATTAINMENT PROGRAMS. |
|---|
| 948 | + | 29.23 Subdivision 1.Availability and certification.The board must provide or contract for |
|---|
| 949 | + | 29.24enough competency restoration attainment services to meet the needs of adult defendants |
|---|
| 950 | + | 29.25in each judicial district who are found incompetent to proceed and do not have access to |
|---|
| 951 | + | 29.26competency restoration attainment services as a part of any other programming in which |
|---|
| 952 | + | 29.27they are ordered to participate. The board, in consultation with the Certification Advisory |
|---|
| 953 | + | 29.28Committee, shall develop procedures to certify that the standards in this section are met, |
|---|
| 954 | + | 29.29including procedures for regular recertification of competency restoration attainment |
|---|
| 955 | + | 29.30programs. The board shall maintain a list of programs it has certified competency restoration |
|---|
| 956 | + | 29.31programs on the board's website to be updated and shall update the list of competency |
|---|
| 957 | + | 29.32attainment programs at least once every year. |
|---|
| 958 | + | 29Sec. 35. |
|---|
| 959 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 30.1 Subd. 2.Competency restoration attainment provider standards.Except for jail-based |
|---|
| 960 | + | 30.2programs, a competency restoration attainment provider must: |
|---|
| 961 | + | 30.3 (1) be able to provide the appropriate mental health or substance use disorder treatment |
|---|
| 962 | + | 30.4ordered by the court, including but not limited to treatment in inpatient, residential, and |
|---|
| 963 | + | 30.5home-based settings; |
|---|
| 964 | + | 30.6 (2) ensure that competency restoration attainment education certified by the board is |
|---|
| 965 | + | 30.7provided to defendants and that regular assessments of defendants' progress in attaining |
|---|
| 966 | + | 30.8competency are documented; |
|---|
| 967 | + | 30.9 (3) designate a head of the program knowledgeable in the processes and requirements |
|---|
| 968 | + | 30.10of the competency to stand trial procedures; and |
|---|
| 969 | + | 30.11 (4) develop staff procedures or designate a person responsible to ensure timely |
|---|
| 970 | + | 30.12communication with the court system. |
|---|
| 971 | + | 30.13 Subd. 3.Jail-based competency restoration attainment standards.Jail-based |
|---|
| 972 | + | 30.14competency restoration attainment programs must be housed in correctional facilities licensed |
|---|
| 973 | + | 30.15by the Department of Corrections under section 241.021 and must: |
|---|
| 974 | + | 30.16 (1) have a designated program director who meets minimum qualification standards set |
|---|
| 975 | + | 30.17by the board, including understanding the requirements of competency to stand trial |
|---|
| 976 | + | 30.18procedures; |
|---|
| 977 | + | 30.19 (2) provide minimum mental health services including: |
|---|
| 978 | + | 30.20 (i) having multidisciplinary staff sufficient to monitor defendants and provide timely |
|---|
| 979 | + | 30.21assessments, treatment, and referrals as needed, including at least one medical professional |
|---|
| 980 | + | 30.22licensed to prescribe psychiatric medication; |
|---|
| 981 | + | 30.23 (ii) prescribing, dispensing, and administering any medication deemed clinically |
|---|
| 982 | + | 30.24appropriate by qualified medical professionals; and |
|---|
| 983 | + | 30.25 (iii) having policies and procedures for the administration of involuntary medication; |
|---|
| 984 | + | 30.26 (3) ensure that competency restoration attainment education certified by the board is |
|---|
| 985 | + | 30.27provided to defendants and regular assessments of defendants' progress in attaining |
|---|
| 986 | + | 30.28competency to stand trial are documented; |
|---|
| 987 | + | 30.29 (4) develop staff procedures or designate a person responsible to ensure timely |
|---|
| 988 | + | 30.30communication with the court system; and |
|---|
| 989 | + | 30.31 (5) designate a space in the correctional facility for the program. |
|---|
| 978 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 31.1 (i) having multidisciplinary staff sufficient to monitor defendants and provide timely |
|---|
| 979 | | - | 31.2assessments, treatment, and referrals as needed, including at least one medical professional |
|---|
| 980 | | - | 31.3licensed to prescribe psychiatric medication; |
|---|
| 981 | | - | 31.4 (ii) prescribing, dispensing, and administering any medication deemed clinically |
|---|
| 982 | | - | 31.5appropriate by qualified medical professionals; and |
|---|
| 983 | | - | 31.6 (iii) having policies and procedures for the administration of involuntary medication; |
|---|
| 984 | | - | 31.7 (3) ensure that competency restoration attainment education certified by the board is |
|---|
| 985 | | - | 31.8provided to defendants and regular assessments of defendants' progress in attaining |
|---|
| 986 | | - | 31.9competency to stand trial are documented; |
|---|
| 987 | | - | 31.10 (4) develop staff procedures or designate a person responsible to ensure timely |
|---|
| 988 | | - | 31.11communication with the court system; and |
|---|
| 989 | | - | 31.12 (5) designate a space in the correctional facility for the program. |
|---|
| 990 | | - | 31.13 Subd. 4.Program evaluations.(a) The board shall collect the following data: |
|---|
| 991 | | - | 31.14 (1) the total number of competency examinations ordered in each judicial district |
|---|
| 992 | | - | 31.15separated by county; |
|---|
| 993 | | - | 31.16 (2) the age, race, and number of unique defendants and for whom at least one competency |
|---|
| 994 | | - | 31.17examination was ordered in each judicial district separated by county; |
|---|
| 995 | | - | 31.18 (3) the age, race, and number of unique defendants found incompetent at least once in |
|---|
| 996 | | - | 31.19each judicial district separated by county; and |
|---|
| 997 | | - | 31.20 (4) all available data on the level of charge and adjudication of cases with a defendant |
|---|
| 998 | | - | 31.21found incompetent and whether a forensic navigator was assigned to the case. |
|---|
| 999 | | - | 31.22 (b) By February 15 of each year, the board must report to the legislative committees and |
|---|
| 1000 | | - | 31.23divisions with jurisdiction over human services, public safety, and the judiciary on the data |
|---|
| 1001 | | - | 31.24collected under this subdivision and may include recommendations for statutory or funding |
|---|
| 1002 | | - | 31.25changes related to competency restoration attainment. |
|---|
| 1003 | | - | 31Sec. 35. |
|---|
| 1004 | | - | S0255-1 1st EngrossmentSF255 REVISOR DTT 32.1 Sec. 36. Laws 2022, chapter 99, article 3, section 1, is amended to read: |
|---|
| 1005 | | - | 32.2 Section 1. APPROPRIATION BASE ESTABLISHED; COMPETENCY |
|---|
| 1006 | | - | 32.3RESTORATION ATTAINMENT. |
|---|
| 1007 | | - | 32.4 Subdivision 1.Department of Corrections.The general fund appropriation base for |
|---|
| 1008 | | - | 32.5the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year |
|---|
| 1009 | | - | 32.62025 for correctional facilities inspectors. |
|---|
| 1010 | | - | 32.7 Subd. 2.District courts.The general fund appropriation base for the district courts is |
|---|
| 1011 | | - | 32.8$5,042,000 in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs associated with |
|---|
| 1012 | | - | 32.9additional competency examination costs. |
|---|
| 1013 | | - | 32.10 Subd. 3.State Competency Restoration Attainment Board.The general fund |
|---|
| 1014 | | - | 32.11appropriation base for the State Competency Restoration Attainment Board is $11,350,000 |
|---|
| 1015 | | - | 32.12in fiscal year 2024 and $10,900,000 in fiscal year 2025 for staffing and other costs needed |
|---|
| 1016 | | - | 32.13to establish and perform the duties of the State Competency Restoration Attainment Board, |
|---|
| 1017 | | - | 32.14including providing educational services necessary to restore defendants to assist defendants |
|---|
| 1018 | | - | 32.15in attaining competency, or contracting or partnering with other organizations to provide |
|---|
| 1019 | | - | 32.16those services. |
|---|
| 1020 | | - | 32.17Sec. 37. COMPETENCY ATTAINMENT BOARD; ESTABLISHMENT; |
|---|
| 1021 | | - | 32.18APPROPRIATION. |
|---|
| 1022 | | - | 32.19 $250,000 in fiscal year 2023 is appropriated from the general fund to the State |
|---|
| 1023 | | - | 32.20Competency Attainment Board to establish the board, hire an administrator and any other |
|---|
| 1024 | | - | 32.21necessary staff, establish appropriate standards and requirements for a forensic navigator |
|---|
| 1025 | | - | 32.22program, and establish certifications requirements and procedures for competency attainment |
|---|
| 1026 | | - | 32.23curriculum and programs. |
|---|
| 1027 | | - | 32.24Sec. 38. EFFECTIVE DATE. |
|---|
| 1028 | | - | 32.25 Sections 1 to 37 are effective the day following final enactment. |
|---|
| 991 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 31.1 Subd. 4.Program evaluations.(a) The board shall collect the following data: |
|---|
| 992 | + | 31.2 (1) the total number of competency examinations ordered in each judicial district |
|---|
| 993 | + | 31.3separated by county; |
|---|
| 994 | + | 31.4 (2) the age, race, and number of unique defendants and for whom at least one competency |
|---|
| 995 | + | 31.5examination was ordered in each judicial district separated by county; |
|---|
| 996 | + | 31.6 (3) the age, race, and number of unique defendants found incompetent at least once in |
|---|
| 997 | + | 31.7each judicial district separated by county; and |
|---|
| 998 | + | 31.8 (4) all available data on the level of charge and adjudication of cases with a defendant |
|---|
| 999 | + | 31.9found incompetent and whether a forensic navigator was assigned to the case. |
|---|
| 1000 | + | 31.10 (b) By February 15 of each year, the board must report to the legislative committees and |
|---|
| 1001 | + | 31.11divisions with jurisdiction over human services, public safety, and the judiciary on the data |
|---|
| 1002 | + | 31.12collected under this subdivision and may include recommendations for statutory or funding |
|---|
| 1003 | + | 31.13changes related to competency restoration attainment. |
|---|
| 1004 | + | 31.14Sec. 36. Laws 2022, chapter 99, article 3, section 1, is amended to read: |
|---|
| 1005 | + | 31.15Section 1. APPROPRIATION BASE ESTABLISHED; COMPETENCY |
|---|
| 1006 | + | 31.16RESTORATION ATTAINMENT. |
|---|
| 1007 | + | 31.17 Subdivision 1.Department of Corrections.The general fund appropriation base for |
|---|
| 1008 | + | 31.18the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year |
|---|
| 1009 | + | 31.192025 for correctional facilities inspectors. |
|---|
| 1010 | + | 31.20 Subd. 2.District courts.The general fund appropriation base for the district courts is |
|---|
| 1011 | + | 31.21$5,042,000 in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs associated with |
|---|
| 1012 | + | 31.22additional competency examination costs. |
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| 1013 | + | 31.23 Subd. 3.State Competency Restoration Attainment Board.The general fund |
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| 1014 | + | 31.24appropriation base for the State Competency Restoration Attainment Board is $11,350,000 |
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| 1015 | + | 31.25in fiscal year 2024 and $10,900,000 in fiscal year 2025 for staffing and other costs needed |
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| 1016 | + | 31.26to establish and perform the duties of the State Competency Restoration Attainment Board, |
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| 1017 | + | 31.27including providing educational services necessary to restore defendants to assist defendants |
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| 1018 | + | 31.28in attaining competency, or contracting or partnering with other organizations to provide |
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| 1019 | + | 31.29those services. |
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| 1020 | + | 31Sec. 36. |
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| 1021 | + | 23-00794 as introduced12/16/22 REVISOR DTT/HL 32.1 Sec. 37. COMPETENCY ATTAINMENT BOARD; ESTABLISHMENT; |
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| 1022 | + | 32.2APPROPRIATION. |
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| 1023 | + | 32.3 $....... in fiscal year 2023 is appropriated from the general fund to the State Competency |
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| 1024 | + | 32.4Attainment Board to establish the board, hire an administrator and any other necessary staff, |
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| 1025 | + | 32.5establish appropriate standards and requirements for a forensic navigator program, and |
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| 1026 | + | 32.6establish certifications requirements and procedures for competency attainment curriculum |
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| 1027 | + | 32.7and programs. |
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| 1028 | + | 32.8 Sec. 38. EFFECTIVE DATE. |
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| 1029 | + | 32.9 Sections 1 to 37 are effective the day following final enactment. |
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