1.1 A bill for an act
1.2 relating to competency attainment; making certain technical changes; appropriating
1.3 money; amending Minnesota Statutes 2022, sections 611.41, subdivisions 2, 5, 6,
1.4 7, 8, 9, 10, 13, 14, 16, by adding a subdivision; 611.42, subdivisions 2, 3, 4; 611.43,
1.5 subdivisions 1, 2, 3; 611.44, subdivisions 1, 2; 611.45, subdivision 3; 611.46,
1.6 subdivisions 1, 2, 3, 4, 5, 6; 611.47; 611.48; 611.49; 611.51; 611.55; 611.56;
1.7 611.57; 611.58; 611.59; Laws 2022, chapter 99, article 3, section 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2022, section 611.41, subdivision 2, is amended to read:
1.10 Subd. 2.Alternative program."Alternative program" means any mental health or
1.11substance use disorder treatment or program that is not a certified competency restoration
1.12attainment program but may assist a defendant in attaining competency.
1.13 Sec. 2. Minnesota Statutes 2022, section 611.41, is amended by adding a subdivision to
1.14read:
1.15 Subd. 4a.Competency."Competency" means the ability to understand criminal
1.16proceedings, consult with counsel, and participate in the defense.
1.17 Sec. 3. Minnesota Statutes 2022, section 611.41, subdivision 5, is amended to read:
1.18 Subd. 5.Competency restoration attainment program."Competency restoration
1.19attainment program" means a structured program of clinical and educational services that
1.20is certified and designed to identify and address barriers to a defendant's ability to understand
1.21the criminal proceedings, consult with counsel, and participate in the defense.
1Sec. 3.
S0255-1 1st EngrossmentSF255 REVISOR DTT
SENATE
STATE OF MINNESOTA
S.F. No. 255NINETY-THIRD SESSION
(SENATE AUTHORS: DRAHEIM and Latz)
OFFICIAL STATUSD-PGDATE
Introduction and first reading17501/12/2023
Referred to Judiciary and Public Safety
Comm report: To pass as amended and re-refer to Finance02/01/2023 2.1 Sec. 4. Minnesota Statutes 2022, section 611.41, subdivision 6, is amended to read:
2.2 Subd. 6.Competency restoration attainment services."Competency restoration
2.3attainment services" means education provided by certified individuals to for defendants
2.4found incompetent to proceed provided by certified individuals using the approved curriculum
2.5to address barriers to a defendant's ability to understand the criminal proceedings, consult
2.6with counsel, and participate in the defense. Educational services must use the curriculum
2.7certified by the State Competency Restoration Board as the foundation for delivering
2.8competency restoration education. Competency restoration attainment services does not
2.9include housing assistance or programs, social services, or treatment that must be provided
2.10by a licensed professional including mental health treatment, substance use disorder
2.11treatment, or co-occurring disorders treatment.
2.12 Sec. 5. Minnesota Statutes 2022, section 611.41, subdivision 7, is amended to read:
2.13 Subd. 7.Court examiner."Court examiner" means a person appointed to serve the
2.14court, by examining a defendant whose competency is at issue and who is a physician or
2.15licensed psychologist who has a doctoral degree in psychology.
2.16 Sec. 6. Minnesota Statutes 2022, section 611.41, subdivision 8, is amended to read:
2.17 Subd. 8.Forensic navigator."Forensic navigator" means a person who meets the
2.18certification and continuing education requirements under section 611.56, subdivision 2,
2.19paragraph (b), clause (3), hired or contracted to facilitate competency attainment services,
2.20supervise certain defendants found to be incompetent, prepare bridge plans, and provides
2.21provide the other services under section 611.55, subdivision 3.
2.22 Sec. 7. Minnesota Statutes 2022, section 611.41, subdivision 9, is amended to read:
2.23 Subd. 9.Head of the program."Head of the program" means the head of the competency
2.24restoration attainment program or the head of the facility or program where the defendant
2.25is being served.
2.26 Sec. 8. Minnesota Statutes 2022, section 611.41, subdivision 10, is amended to read:
2.27 Subd. 10.Jail-based program."Jail-based program" means a competency restoration
2.28attainment program that operates within a correctional facility licensed by the commissioner
2.29of corrections under section 241.021 that meets the capacity standards governing jail facilities.
2.30A jail-based program may not be granted a variance to exceed its operational capacity.
2Sec. 8.
S0255-1 1st EngrossmentSF255 REVISOR DTT 3.1 Sec. 9. Minnesota Statutes 2022, section 611.41, subdivision 13, is amended to read:
3.2 Subd. 13.State-operated treatment program."State-operated treatment program"
3.3means any state-operated program, including community behavioral health hospitals hospital,
3.4crisis centers center, residential facilities facility, outpatient services service, and or other
3.5community-based services developed and program operated by the state and under the
3.6control of the commissioner of human services, for a person who has mental illness,
3.7developmental disability, or substance use disorder.
3.8 Sec. 10. Minnesota Statutes 2022, section 611.41, subdivision 14, is amended to read:
3.9 Subd. 14.Suspend the criminal proceedings."Suspend the criminal proceedings"
3.10means nothing can be heard or decided on to cease all hearings and decisions regarding the
3.11merits of the criminal charges except that but not terminate the jurisdiction of the court
3.12retains jurisdiction in all or prevent hearings or decisions in any other matters, including
3.13but not limited to establishing or modifying bail, conditions of release, probation conditions,
3.14no contact orders, and appointment of counsel.
3.15 Sec. 11. Minnesota Statutes 2022, section 611.41, subdivision 16, is amended to read:
3.16 Subd. 16.Treatment facility."Treatment facility" means a non-state-operated hospital,
3.17residential treatment provider, crisis residential withdrawal management center, or corporate
3.18foster care home that is not operated by the state and is qualified to provide care and treatment
3.19for persons who have mental illness, developmental disability, or substance use disorder.
3.20 Sec. 12. Minnesota Statutes 2022, section 611.42, subdivision 2, is amended to read:
3.21 Subd. 2.Waiver of counsel in competency proceedings.(a) A defendant must not be
3.22allowed to waive counsel if the defendant lacks ability to:
3.23 (1) knowingly, voluntarily, and intelligently waive the right to counsel;
3.24 (2) appreciate the consequences of proceeding without counsel;
3.25 (3) comprehend the nature of the charge;
3.26 (4) comprehend the nature of the proceedings;
3.27 (5) comprehend the possible punishment; or
3.28 (6) comprehend any other matters essential to understanding the case.
3.29 (b) The court must not proceed under this law section before a lawyer consults with the
3.30defendant and has an opportunity to be heard.
3Sec. 12.
S0255-1 1st EngrossmentSF255 REVISOR DTT 4.1 Sec. 13. Minnesota Statutes 2022, section 611.42, subdivision 3, is amended to read:
4.2 Subd. 3.Competency motion.(a) At any time, the prosecutor or defense counsel may
4.3make a motion challenging the defendant's competency, or the court on its initiative may
4.4raise the issue. The defendant's consent is not required to bring a competency motion. The
4.5motion shall be supported by specific facts but shall not include communications between
4.6the defendant and defense counsel if disclosure would violate attorney-client privilege. By
4.7bringing the motion, the defendant does not waive attorney-client privilege.
4.8 (b) If competency is at issue, the court shall appoint a forensic navigator to provide the
4.9forensic navigator services described in section 611.55 for the defendant, including
4.10development of a specific bridge plan to identify appropriate housing and services if the
4.11defendant is released from custody or any charges are dismissed.
4.12 (c) In felony, gross misdemeanor, and targeted misdemeanor cases, if the court determines
4.13there is a reasonable basis to doubt the defendant's competence competency and there is
4.14probable cause for the charge, the court must suspend the criminal proceedings and order
4.15an examination of the defendant under section 611.43.
4.16 (d) In misdemeanor cases, other than cases involving a targeted misdemeanor, if the
4.17court determines there is a reasonable basis to doubt the defendant's competence competency
4.18and there is probable cause for the charge, the court must suspend the criminal proceedings.
4.19The court may order an examination of the defendant under section 611.43 if the examination
4.20is in the public interest. For purposes of this paragraph, an examination is in the public
4.21interest when it is necessary to assess whether the defendant has a cognitive impairment or
4.22mental illness; determine whether a defendant has the ability to access housing, food, income,
4.23disability verification, medications, and treatment for medical conditions; or whether a
4.24defendant has the ability to otherwise address any basic needs. The court shall order the
4.25forensic navigator to complete a bridge plan as described in section 611.55, subdivision 4,
4.26and submit it to the court. The court may dismiss the charge upon receipt of the bridge plan
4.27without holding a hearing unless either party objects.
4.28 Sec. 14. Minnesota Statutes 2022, section 611.42, subdivision 4, is amended to read:
4.29 Subd. 4.Dismissal, referrals for services, and collaboration.(a) Except as provided
4.30in this subdivision, when the court determines there is a reasonable basis to doubt the a
4.31defendant's competence competency and orders an examination of the defendant, a forensic
4.32navigator must complete a bridge plan with the defendant as described in section 611.55,
4.33subdivision 4, submit the bridge plan to the court, and provide a written copy to the defendant
4.34before the court or prosecutor dismisses any charges based on a belief or finding that the
4Sec. 14.
S0255-1 1st EngrossmentSF255 REVISOR DTT 5.1defendant is incompetent. The court may dismiss a case where the most serious charge is
5.2a misdemeanor, other than a targeted misdemeanor, without holding a hearing unless either
5.3party objects.
5.4 (b) If for any reason a forensic navigator has not been appointed, the court must make
5.5every reasonable effort to coordinate with any resources available to the court and refer the
5.6defendant for possible assessment and social services, including but not limited to services
5.7for engagement under section 253B.041, before dismissing any charges based on a finding
5.8that the defendant is incompetent.
5.9 (c) If working with the forensic navigator or coordinating a referral to services would
5.10cause an unreasonable delay in the release of a defendant being held in custody, the court
5.11may release the defendant. If a defendant has not been engaged for assessment and referral
5.12before release, the court may coordinate with the forensic navigator or any resources available
5.13to the court to engage the defendant for up to 90 days after release.
5.14 (d) Courts may partner and collaborate with county social services, community-based
5.15programs, jails, and any other available resource available to the court to provide referrals
5.16to services when a defendant's competency is at issue or a defendant has been found
5.17incompetent to proceed.
5.18 (e) Counsel for the defendant may bring a motion to dismiss the proceedings in the
5.19interest of justice at any stage of the proceedings.
5.20 Sec. 15. Minnesota Statutes 2022, section 611.43, subdivision 1, is amended to read:
5.21 Subdivision 1.Competency examination.(a) If the court orders an examination pursuant
5.22to section 611.42, subdivision 3, the court shall appoint a court examiner to examine the
5.23defendant and report to the court on the defendant's competency to proceed. A court examiner
5.24may obtain from court administration and review the report of any prior or subsequent
5.25examination under this section or under Minnesota Rules of Criminal Procedure, rule 20.
5.26 (b) If the defendant is not entitled to release, the court shall order the defendant to
5.27participate in an examination where the defendant is being held, or the court may order that
5.28the defendant be confined in a treatment facility, locked treatment facility, or a state-operated
5.29treatment facility until the examination is completed.
5.30 (c) If the defendant is entitled to release, the court shall order the defendant to appear
5.31for an examination. If the defendant fails to appear at an examination, the court may amend
5.32the conditions of release and bail pursuant to Minnesota Rules of Criminal Procedure, rule
5.336.
5Sec. 15.
S0255-1 1st EngrossmentSF255 REVISOR DTT 6.1 (d) A competency examination ordered under Minnesota Rules of Criminal Procedure,
6.2rule 20.04, shall proceed under subdivision 2 this section.
6.3 Sec. 16. Minnesota Statutes 2022, section 611.43, subdivision 2, is amended to read:
6.4 Subd. 2.Report of examination.(a) The court-appointed court examiner's written report
6.5shall be filed with the court and served on provided to the prosecutor and defense counsel
6.6by the court. The report shall be filed no more than 30 days after the order for examination
6.7of a defendant in custody unless extended by the court for good cause. If the defendant is
6.8out of custody or confined in a noncorrectional state-operated treatment program or treatment
6.9facility, the report shall be filed no more than 60 days after the order for examination, unless
6.10extended by the court for good cause. The report shall not include opinions concerning the
6.11defendant's mental condition at the time of the alleged offense or any statements made by
6.12the defendant regarding the alleged criminal conduct, unless necessary to support the
6.13examiner's opinion regarding competence or incompetence.
6.14 (b) The report shall include an evaluation of the defendant's mental health, cognition,
6.15and the factual basis for opinions about:
6.16 (1) any diagnoses made, and the results of any testing conducted with the defendant;
6.17 (2) the defendant's competency to stand trial;
6.18 (3) the level of care and education required for the defendant to attain, be restored to,
6.19or maintain competency;
6.20 (4) a recommendation of the least restrictive setting appropriate to meet the defendant's
6.21needs for restoration attaining competency and immediate safety;
6.22 (5) the impact of any substance use disorder on the defendant, including the defendant's
6.23competency, and any recommendations for treatment;
6.24 (6) the likelihood the defendant will attain competency in the reasonably foreseeable
6.25future;
6.26 (7) whether the defendant poses a substantial likelihood of physical harm to self or
6.27others; and
6.28 (8) if the court examiner's opinion is that the defendant is incompetent to proceed, the
6.29report must include an opinion as to whether the defendant possesses capacity to make
6.30decisions regarding neuroleptic medication unless the examiner is unable to render an
6.31opinion on capacity. If the examiner is unable to render an opinion on capacity, the report
6.32must document the reasons why the examiner is unable to render that opinion.
6Sec. 16.
S0255-1 1st EngrossmentSF255 REVISOR DTT 7.1 (c) If the court examiner determines that the defendant presents an imminent risk of
7.2serious danger to another, is imminently suicidal, or otherwise needs emergency intervention,
7.3the examiner must promptly notify the court, prosecutor, defense counsel, and those
7.4responsible for the care and custody of the defendant.
7.5 (d) If the defendant appears for the examination but does not participate, the court
7.6examiner shall submit a report and, if sufficient information is available, may render an
7.7opinion on competency and an opinion as to whether the unwillingness to participate resulted
7.8from a mental illness, cognitive impairment, or other factors.
7.9 (e) If the court examiner determines the defendant would benefit from services for
7.10engagement in mental health treatment under section 253B.041 or any other referral to
7.11social services, the court examiner may recommend referral of the defendant to services
7.12where available.
7.13 Sec. 17. Minnesota Statutes 2022, section 611.43, subdivision 3, is amended to read:
7.14 Subd. 3.Additional examination.If either the prosecutor or defense counsel intends
7.15to retain an independent examiner, the party shall provide notice to the court and opposing
7.16counsel no later than ten days after the date of receipt of the court-appointed court examiner's
7.17report. If an independent examiner is retained, the independent examiner's report shall be
7.18filed no more than 30 days after the date a party files notice of intent to retain an independent
7.19examiner, unless extended by the court for good cause.
7.20 Sec. 18. Minnesota Statutes 2022, section 611.44, subdivision 1, is amended to read:
7.21 Subdivision 1.Request for hearing.(a) The prosecutor or defense counsel may request
7.22a hearing on the court-appointed court examiner's competency report by filing a written
7.23objection no later than ten days after the report is filed.
7.24 (b) A hearing shall be held as soon as possible but no longer than 30 days after the
7.25request, unless extended by agreement of the prosecutor and defense counsel, or by the
7.26court for good cause.
7.27 (c) If an independent court examiner is retained, the hearing may be continued up to 14
7.28days after the date the independent court examiner's report is filed. The court may continue
7.29the hearing for good cause.
7Sec. 18.
S0255-1 1st EngrossmentSF255 REVISOR DTT 8.1 Sec. 19. Minnesota Statutes 2022, section 611.44, subdivision 2, is amended to read:
8.2 Subd. 2.Competency hearing.(a) The court may admit all relevant and reliable evidence
8.3at the competency hearing. The court-appointed court examiner is considered the court's
8.4witness and may be called and questioned by the court, prosecutor, or defense counsel. The
8.5report of the court-appointed court examiner shall be admitted into evidence without further
8.6foundation.
8.7 (b) Defense counsel may testify, subject to the prosecutor's cross-examination, but shall
8.8not violate attorney-client privilege. Testifying does not automatically disqualify defense
8.9counsel from continuing to represent the defendant. The court may inquire of defense counsel
8.10regarding the attorney-client relationship and the defendant's ability to communicate with
8.11counsel. The court shall not require counsel to divulge communications protected by
8.12attorney-client privilege, and the prosecutor shall not cross-examine defense counsel
8.13concerning responses to the court's inquiry.
8.14 Sec. 20. Minnesota Statutes 2022, section 611.45, subdivision 3, is amended to read:
8.15 Subd. 3.Dismissal of criminal charge.(a) If the court finds the defendant incompetent,
8.16and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be
8.17dismissed.
8.18 (b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed
8.1930 days after the date of the finding of incompetence, unless the prosecutor, before the
8.20expiration of the 30-day period, files a written notice of intent to prosecute when the
8.21defendant regains attains competency. If a notice has been filed and the charge is a targeted
8.22misdemeanor, charges must be dismissed within one year after the finding of incompetency.
8.23If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed
8.24within two years after the finding of incompetency.
8.25 (c) In felony cases, except as provided in paragraph (d), the charges must be dismissed
8.26three years after the date of the finding of incompetency, unless the prosecutor, before the
8.27expiration of the three-year period, files a written notice of intent to prosecute when the
8.28defendant regains attains competency. If a notice has been filed, charges must be dismissed
8.29within five years after the finding of incompetency or ten years if the maximum sentence
8.30for the crime with which the defendant is charged is ten years or more.
8.31 (d) The requirement that felony charges be dismissed under paragraph (c) does not apply
8.32if:
8Sec. 20.
S0255-1 1st EngrossmentSF255 REVISOR DTT 9.1 (1) the court orders continuing supervision pursuant to section 611.49, subdivision 3;
9.2or
9.3 (2) the defendant is charged with a violation of sections 609.185 (murder in the first
9.4degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
9.5(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112
9.6(criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death
9.7to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662
9.8(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in
9.9the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665
9.10(manslaughter of an unborn child in the second degree); or a crime of violence as defined
9.11in section 624.712, subdivision 5, except for a violation of chapter 152.
9.12 (e) Nothing in this subdivision requires dismissal of any charge if the court finds the
9.13defendant competent and enters an order directing that the criminal proceedings shall resume.
9.14 Sec. 21. Minnesota Statutes 2022, section 611.46, subdivision 1, is amended to read:
9.15 Subdivision 1.Order to competency restoration attainment program.(a) If the court
9.16finds the defendant incompetent and the charges have not been dismissed, the court shall
9.17order the defendant to participate in a competency restoration program to restore assist the
9.18defendant's competence defendant in attaining competency. The court may order participation
9.19in a competency restoration attainment program provided outside of a jail, a jail-based
9.20competency restoration attainment program, or an alternative program. The court must
9.21determine the least-restrictive program appropriate to meet the defendant's needs and public
9.22safety. In making this determination, the court must consult with the forensic navigator and
9.23consider any recommendations of the court examiner. The court shall not order a defendant
9.24to participate in a jail-based program or a state-operated treatment program if the highest
9.25criminal charge is a misdemeanor or targeted misdemeanor.
9.26 (b) If the court orders the defendant to a locked treatment facility or jail-based program,
9.27the court must calculate the defendant's custody credit and cannot order the defendant to a
9.28locked treatment facility or jail-based program for a period that would cause the defendant's
9.29custody credit to exceed the maximum sentence for the underlying charge.
9.30 (b) (c) The court may only order the defendant to participate in competency restoration
9.31at an inpatient or residential treatment program under this section if the head of the treatment
9.32program determines that admission to the program is clinically appropriate and consents to
9.33the defendant's admission. The court may only order the defendant to participate in
9.34competency restoration at a state-operated treatment facility under this section if the
9Sec. 21.
S0255-1 1st EngrossmentSF255 REVISOR DTT 10.1commissioner of human services or a designee determines that admission of the defendant
10.2is clinically appropriate and consents to the defendant's admission. The court may require
10.3a certified competency program that qualifies as a locked facility or a state-operated treatment
10.4program to notify the court in writing of the basis for refusing consent for admission of the
10.5defendant in order to ensure transparency and maintain an accurate record. The court may
10.6not require personal appearance of any representative of a certified competency program.
10.7The court shall send a written request for notification to the locked facility or state-operated
10.8treatment program and the locked facility or state-operated treatment program shall provide
10.9a written response to the court within ten days of receipt of the court's request.
10.10 (c) (d) If the defendant is confined in jail and has not received competency restoration
10.11attainment services within 30 days of the finding of incompetency, the court shall review
10.12the case with input from the prosecutor and defense counsel and may:
10.13 (1) order the defendant to participate in an appropriate competency restoration attainment
10.14program that takes place outside of a jail;
10.15 (2) conditionally order a conditional release of the defendant, including with conditions
10.16that include but are not limited to conditions a requirement that the defendant participate
10.17in a competency restoration attainment program when one becomes available and accessible;
10.18 (3) make a determination as to whether the defendant is likely to attain competency in
10.19the reasonably foreseeable future and proceed under section 611.49; or
10.20 (4) upon a motion, dismiss the charges in the interest of justice.
10.21 (d) Upon the order to a competency restoration program or alternative program, (e) The
10.22court may order any hospital, treatment facility, or correctional facility that has provided
10.23care or supervision to the a defendant in the previous two years to provide copies of the
10.24defendant's medical records to the competency restoration attainment program or alternative
10.25program in which the defendant was ordered to participate. This information shall be provided
10.26in a consistent and timely manner and pursuant to all applicable laws.
10.27 (e) (f) If at any time the defendant refuses to participate in a competency restoration
10.28attainment program or an alternative program, the head of the program shall notify the court
10.29and any entity responsible for supervision of the defendant.
10.30 (f) (g) At any time, the head of the program may discharge the defendant from the
10.31program or facility. The head of the program must notify the court, prosecutor, defense
10.32counsel, and any entity responsible for the supervision of the defendant prior to any planned
10.33discharge. Absent emergency circumstances, this notification shall be made five days prior
10Sec. 21.
S0255-1 1st EngrossmentSF255 REVISOR DTT 11.1to the discharge if the defendant is not being discharged to jail or a correctional facility.
11.2Upon the receipt of notification of discharge or upon the request of either party in response
11.3to notification of discharge, the court may order that a defendant who is subject to bail or
11.4unmet conditions of release be returned to jail upon being discharged from the program or
11.5facility. If the court orders a defendant returned to jail, the court shall notify the parties and
11.6head of the program at least one day before the defendant's planned discharge, except in
11.7the event of an emergency discharge where one day notice is not possible. The court must
11.8hold a review hearing within seven days of the defendant's return to jail. The forensic
11.9navigator must be given notice of the hearing and be allowed to participate.
11.10 (g) (h) If the defendant is discharged from the program or facility under emergency
11.11circumstances, notification of emergency discharge shall include a description of the
11.12emergency circumstances and may include a request for emergency transportation. The
11.13court shall make a determination on a request for emergency transportation within 24 hours.
11.14Nothing in this section prohibits a law enforcement agency from transporting a defendant
11.15pursuant to any other authority.
11.16Sec. 22. Minnesota Statutes 2022, section 611.46, subdivision 2, is amended to read:
11.17 Subd. 2.Supervision.(a) Upon a finding of incompetency, if the defendant is entitled
11.18to release, the court must determine whether the defendant requires pretrial supervision.
11.19The court must weigh public safety risks against the defendant's interests in remaining free
11.20from supervision while presumed innocent in the criminal proceedings. The court may use
11.21a validated and equitable risk assessment tool to determine whether supervision is necessary.
11.22 (b) If the court determines that the defendant requires pretrial supervision, the court shall
11.23direct the forensic navigator to conduct pretrial supervision and report violations to the
11.24court. The forensic navigator shall be responsible for the supervision of the defendant until
11.25ordered otherwise by the court.
11.26 (c) Upon application by the prosecutor, the forensic navigator, other entity or its designee
11.27assigned to supervise the defendant, or court services alleging that the defendant violated
11.28a condition of release and is a risk to public safety, the court shall follow the procedures
11.29under Rules of Criminal Procedure, rule 6. Any hearing on the alleged violation of release
11.30conditions shall be held no more than 15 days after the date of issuance of a summons or
11.31within 72 hours if the defendant is apprehended on a warrant.
11.32 (d) If the court finds a violation, the court may revise the conditions of release and bail
11.33as appropriate pursuant to Minnesota Rules of Criminal Procedure, including but not limited
11Sec. 22.
S0255-1 1st EngrossmentSF255 REVISOR DTT 12.1to consideration of and must consider the defendant's need for ongoing access to a
12.2competency restoration attainment program or alternative program under this section.
12.3 (e) The court must review conditions of release and bail on request of any party and may
12.4amend the conditions of release or make any other reasonable order upon receipt of
12.5information that the pretrial detention of a defendant has interfered with the defendant
12.6attaining competency.
12.7 Sec. 23. Minnesota Statutes 2022, section 611.46, subdivision 3, is amended to read:
12.8 Subd. 3.Certified Competency restoration attainment programs; procedure.(a) If
12.9the court orders a defendant to participate in a competency restoration attainment program
12.10that takes place outside of a jail, or an alternative program that the court has determined is
12.11providing appropriate competency restoration attainment services to the defendant, the court
12.12shall specify whether the program is a community-based treatment program or provided in
12.13a locked treatment facility.
12.14 (b) If the court finds that the defendant continues to be incompetent at a review hearing
12.15held after the initial determination of competency, the court must hold a review hearing
12.16pursuant to section 611.49 and consider any changes to the defendant's conditions of release
12.17or competency restoration attainment programming to restore the defendant's competency
12.18in the least restrictive program appropriate.
12.19 (c) If the court orders the defendant to a locked treatment facility or jail-based program,
12.20the court must calculate the defendant's custody credit and cannot order the defendant to a
12.21locked treatment facility or jail-based program for a period that would cause the defendant's
12.22custody credit to exceed the maximum sentence for the underlying charge.
12.23Sec. 24. Minnesota Statutes 2022, section 611.46, subdivision 4, is amended to read:
12.24 Subd. 4.Jail-based competency restoration attainment programs; procedure.(a)
12.25A defendant is eligible to participate in a jail-based competency restoration attainment
12.26program when the underlying charge is a gross misdemeanor or felony and either:
12.27 (1) the defendant has been found incompetent, the defendant has not met the conditions
12.28of release ordered pursuant to rule 6.02 of Minnesota Rules of Criminal Procedure, including
12.29posting bail, and either a court-appointed court examiner has recommended jail-based
12.30competency restoration attainment as the least restrictive setting to meet the person's needs,
12.31or the court finds that after a reasonable effort by the forensic navigator, there has not been
12.32consent by another secure setting to the defendant's placement; or
12Sec. 24.
S0255-1 1st EngrossmentSF255 REVISOR DTT 13.1 (2) the defendant is in custody and is ordered to a certified competency restoration
13.2attainment program that takes place outside of a jail, a jail-based competency restoration
13.3attainment program is available within a reasonable distance to the county where the
13.4defendant is being held, and the court ordered a time-limited placement in a jail-based
13.5program until transfer to a certified competency restoration attainment program that takes
13.6place outside of a jail.
13.7 (b) A defendant may not be ordered to participate in a jail-based competency restoration
13.8attainment program for more than 90 days without a review hearing. If after 90 days of the
13.9order to a jail-based program the defendant has not attained competency, the court must
13.10review the case with input from the prosecutor and defense counsel and may:
13.11 (1) order the defendant to participate in an appropriate certified competency restoration
13.12attainment program that takes place outside of a locked facility; or
13.13 (2) determine whether, after a reasonable effort by the forensic navigator, there is consent
13.14to the defendant's placement by another locked facility. If court determines that a locked
13.15facility is the least restrictive program appropriate and no appropriate locked facility is
13.16available, it may order the defendant to the jail-based program for an additional 90 days.
13.17 (c) Nothing in this section prohibits the court from ordering the defendant transferred
13.18to a certified competency restoration attainment program that takes place outside of a jail
13.19if the court determines that transition is appropriate, or the defendant satisfies the conditions
13.20of release or bail. Before the defendant is transitioned transferred to a certified competency
13.21restoration attainment program that takes place outside of a jail or an alternative program,
13.22the court shall notify the prosecutor and the defense counsel, and the provisions of subdivision
13.232 shall apply.
13.24 (d) The court may require a certified competency program that qualifies as a locked
13.25facility to notify the court in writing of the basis for refusing consent of the defendant in
13.26order to ensure transparency and maintain an accurate record. The court may not require
13.27personal appearance of any representative of a certified competency program.
13.28Sec. 25. Minnesota Statutes 2022, section 611.46, subdivision 5, is amended to read:
13.29 Subd. 5.Alternative programs; procedure.(a) A defendant is eligible to participate
13.30in an alternative program if the defendant has been found incompetent, the defendant is
13.31entitled to release, and a certified competency restoration attainment program outside of a
13.32jail is not available.
13Sec. 25.
S0255-1 1st EngrossmentSF255 REVISOR DTT 14.1 (b) As soon as the forensic navigator has reason to believe that no certified competency
14.2restoration attainment program outside of a jail will be available within a reasonable time,
14.3the forensic navigator shall determine if there are available alternative programs that are
14.4likely to assist the defendant in attaining competency. Upon notification by the forensic
14.5navigator, The court may order the defendant to participate in an appropriate alternative
14.6program identified by the forensic navigator and must notify the prosecutor and the defense
14.7counsel of the order.
14.8 (c) If at any time while the defendant is participating in an alternative program, an
14.9appropriate certified competency restoration attainment program that takes place outside
14.10of a jail becomes available, the forensic navigator must notify the court. The court must
14.11notify the prosecutor and the defense counsel and must order the defendant to participate
14.12in an appropriate certified competency restoration attainment program, unless the court
14.13determines that the defendant is receiving appropriate competency restoration attainment
14.14services in the alternative program. If appropriate and in the public interest, the court may
14.15order the defendant to participate in the certified competency restoration attainment program
14.16and an alternative program.
14.17 (d) At any time, the head of the alternative program or the forensic navigator may notify
14.18the court that the defendant is receiving appropriate competency restoration attainment
14.19services in the alternative program, and recommend that remaining in the alternative program
14.20is in the best interest of the defendant and the defendant's progress in attaining competency.
14.21The court may order the defendant to continue programming in the alternative program and
14.22proceed under subdivision 3.
14.23 (e) If after 90 days of the order to an alternative program the defendant has not attained
14.24competency and the defendant is not participating in a certified competency restoration
14.25attainment program, the court must hold a review hearing pursuant to section 611.49.
14.26Sec. 26. Minnesota Statutes 2022, section 611.46, subdivision 6, is amended to read:
14.27 Subd. 6.Reporting to the court.(a) The court examiner must provide an updated report
14.28to the court at least once every six months, unless the court and the parties agree to a longer
14.29period that is not more than 12 months, as to the defendant's competency and a description
14.30of the efforts made to restore the defendant to competency.
14.31 (b) At any time, the head of the program may notify the court and recommend that a
14.32court examiner provide an updated competency examination and report.
14Sec. 26.
S0255-1 1st EngrossmentSF255 REVISOR DTT 15.1 (c) The court shall furnish provide copies of the report to the prosecutor, defense counsel,
15.2and the facility or program where the defendant is being served.
15.3 (d) The report may make recommendations for continued services to ensure continued
15.4competency. If the defendant is found guilty, these recommendations may be considered
15.5by the court in imposing a sentence, including any conditions of probation.
15.6 Sec. 27. Minnesota Statutes 2022, section 611.47, is amended to read:
15.7 611.47 ADMINISTRATION OF MEDICATION.
15.8 Subdivision 1.Motion.When a court finds that a defendant is incompetent or any time
15.9thereafter, upon the motion of the prosecutor or treating medical provider, the court shall
15.10hear and determine whether the defendant lacks capacity to make decisions regarding the
15.11administration of neuroleptic medication and, if so, whether the conditions and factors weigh
15.12in favor of authorizing involuntary administration of neuroleptic medication.
15.13 Subd. 2.Certification report Reports.(a) In making a determination under this section,
15.14the court shall consider the report of the court examiner completed pursuant to section
15.15611.43 and any certification report filed by the treating medical practitioner in support of
15.16a motion under this section. The court may request a certification report from the defendant's
15.17treating medical practitioner.
15.18 (a) (b) If the defendant's treating medical practitioner is of the opinion that the defendant
15.19lacks capacity to make decisions regarding neuroleptic medication, the treating medical
15.20practitioner shall may certify in a report that the lack of capacity exists and which conditions
15.21under subdivision 3 are applicable. The A certification report shall must contain an
15.22assessment of the current mental status of the defendant and the opinion of the treating
15.23medical practitioner that as to whether involuntary neuroleptic medication has become
15.24medically necessary and appropriate under subdivision 3, paragraph (b), clause (1) or (2),
15.25or in the patient's defendant's best medical interest under subdivision 3, paragraph (b), clause
15.26(3). The certification report shall be filed with the court when a motion for a hearing is made
15.27under this section.
15.28 (b) (c) A certification report made pursuant to this section shall include a description of
15.29the neuroleptic medication proposed to be administered to the defendant, if any, and its
15.30likely effects and side effects, including effects on the defendant's condition or behavior
15.31that would affect the defendant's ability to understand the nature of the criminal proceedings
15.32or to assist counsel in the conduct of a defense in a reasonable manner.
15Sec. 27.
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
16.2may request review of that order.
16.3 (d) (e) In addition to the court examiner appointed to report to the court on the defendant's
16.4competency to proceed, the court may appoint a court examiner to examine the defendant
16.5and report to the court and parties as to whether the defendant lacks capacity to make
16.6decisions regarding the administration of neuroleptic medication. If the patient defendant
16.7refuses to participate in an examination, the court examiner may rely on the patient's
16.8defendant's clinically relevant medical records in reaching an opinion.
16.9 (e) (f) The defendant is entitled to a second court examiner under this section, if requested
16.10by the defendant.
16.11 Subd. 3.Determination.(a) The court shall consider opinions in the reports prepared
16.12under subdivision 2 as applicable to the issue of first determine whether the defendant lacks
16.13capacity to make decisions regarding the administration of neuroleptic medication and shall
16.14proceed under paragraph (b). In making this determination, the court:
16.15 (1) must apply a rebuttable presumption that a defendant has the capacity to make
16.16decisions regarding administration of neuroleptic medication;
16.17 (2) must find that a defendant has the capacity to make decisions regarding the
16.18administration of neuroleptic medication if the defendant:
16.19 (i) has an awareness of the nature of the defendant's situation and the possible
16.20consequences of refusing treatment with neuroleptic medications;
16.21 (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits,
16.22and alternatives; and
16.23 (iii) communicates verbally or nonverbally a clear choice regarding treatment with
16.24neuroleptic medications that is a reasoned one not based on a symptom of the defendant's
16.25mental illness, even though it may not be in the defendant's best interests; and
16.26 (3) must not conclude that a defendant's decision is unreasonable based solely on a
16.27disagreement with the medical practitioner's recommendation.
16.28 (b) If the court determines that the defendant lacks capacity to make decisions regarding
16.29the administration of neuroleptic medication, the court shall hear and determine whether
16.30any of the following is true:
16.31 (1) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
16.32defined in section 253B.092, subdivision 5, the defendant's mental illness requires medical
16Sec. 27.
S0255-1 1st EngrossmentSF255 REVISOR DTT 17.1treatment with neuroleptic medication, and, if the defendant's mental illness is not treated
17.2with neuroleptic medication, it is probable that serious harm to the physical or mental health
17.3of the patient defendant will result. Probability of serious harm to the physical or mental
17.4health of the defendant requires evidence that the defendant is presently suffering adverse
17.5effects to the defendant's physical or mental health, or the defendant has previously suffered
17.6these effects as a result of a mental illness and the defendant's condition is substantially
17.7deteriorating or likely to deteriorate without administration of neuroleptic medication. The
17.8fact that a defendant has a diagnosis of a mental illness does not alone establish probability
17.9of serious harm to the physical or mental health of the defendant;
17.10 (2) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
17.11defined in section 253B.092, subdivision 5, neuroleptic medication is medically necessary,
17.12and the defendant is a danger to others, in that the defendant has inflicted, attempted to
17.13inflict, or made a serious threat of inflicting substantial bodily harm on another while in
17.14custody, or the defendant had inflicted, attempted to inflict, or made a serious threat of
17.15inflicting substantial bodily harm on another that resulted in being taken into custody, and
17.16the defendant presents, as a result of mental illness or cognitive impairment, a demonstrated
17.17danger of inflicting substantial bodily harm on others. Demonstrated danger may be based
17.18on an assessment of the defendant's present mental condition, including a consideration of
17.19past behavior of the defendant and other relevant information; or
17.20 (3) the defendant lacks capacity to make decisions regarding neuroleptic medication, as
17.21defined in section 253B.092, subdivision 5, and the defendant does not meet the criteria
17.22under clause (1) or (2), but the state has shown by clear and convincing evidence that:
17.23 (i) the state has charged the defendant with a serious crime against the person or property;
17.24 (ii) involuntary administration of neuroleptic medication is substantially likely to render
17.25the defendant competent to stand trial;
17.26 (iii) the medication is unlikely to have side effects that interfere with the defendant's
17.27ability to understand the nature of the criminal proceedings or to assist counsel in the conduct
17.28of a defense in a reasonable manner;
17.29 (iv) less intrusive treatments are unlikely to have substantially the same results and
17.30involuntary medication is necessary; and
17.31 (v) neuroleptic medication is in the patient's defendant's best medical interest in light of
17.32the patient's defendant's medical condition.
17Sec. 27.
S0255-1 1st EngrossmentSF255 REVISOR DTT 18.1 (c) In ruling on a petition under this section, the court shall also take into consideration
18.2any evidence on If the conditions described in paragraph (b), clause (1), (2), or (3), exist,
18.3the court shall determine whether the following factors weigh in favor of authorizing the
18.4involuntary administration of neuroleptic medication:
18.5 (1) what the patient defendant would choose to do in the situation if the patient defendant
18.6had capacity, including evidence such as a durable power of attorney for health care under
18.7chapter 145C;
18.8 (2) the defendant's family, community, moral, religious, and social values;
18.9 (3) the medical risks, benefits, and alternatives to the proposed treatment;
18.10 (4) past efficacy and any extenuating circumstances of past use of neuroleptic
18.11medications; and
18.12 (5) any other relevant factors.
18.13 (d) In determining whether the defendant possesses capacity to consent to neuroleptic
18.14medications, the court:
18.15 (1) must apply a rebuttable presumption that a defendant has the capacity to make
18.16decisions regarding administration of neuroleptic medication;
18.17 (2) must find that a defendant has the capacity to make decisions regarding the
18.18administration of neuroleptic medication if the defendant:
18.19 (i) has an awareness of the nature of the defendant's situation and the possible
18.20consequences of refusing treatment with neuroleptic medications;
18.21 (ii) has an understanding of treatment with neuroleptic medications and the risks, benefits,
18.22and alternatives; and
18.23 (iii) communicates verbally or nonverbally a clear choice regarding treatment with
18.24neuroleptic medications that is a reasoned one not based on a symptom of the defendant's
18.25mental illness, even though it may not be in the defendant's best interests; and
18.26 (3) must not conclude that a defendant's decision is unreasonable based solely on a
18.27disagreement with the medical practitioner's recommendation.
18.28 (e) (d) If consideration of the evidence presented on the factors in paragraph (c) weighs
18.29weigh in favor of authorizing involuntary administration of neuroleptic medication, and the
18.30court finds any of the conditions described in paragraph (b) to be true, the court shall issue
18.31an order authorizing involuntary administration of neuroleptic medication to the defendant
18.32when and as prescribed by the defendant's medical practitioner, including administration
18Sec. 27.
S0255-1 1st EngrossmentSF255 REVISOR DTT 19.1by a treatment facility or correctional facility. The court order shall specify which medications
19.2are authorized and may limit the maximum dosage of neuroleptic medication that may be
19.3administered. The order shall be valid for no more than one year. An order may be renewed
19.4by filing another petition under this section and following the process in this section. The
19.5order shall terminate no later than the closure of the criminal case in which it is issued. The
19.6court shall not order involuntary administration of neuroleptic medication under paragraph
19.7(b), clause (3), unless the court has first found that the defendant does not meet the criteria
19.8for involuntary administration of neuroleptic medication under paragraph (b), clause (1),
19.9and does not meet the criteria under paragraph (b), clause (2).
19.10 (f) A copy of the order must be given to the defendant, the defendant's attorney, the
19.11county attorney, and the treatment facility or correctional facility where the defendant is
19.12being served. The treatment facility, correctional facility, or treating medical practitioner
19.13may not begin administration of the neuroleptic medication until it notifies the patient
19.14defendant of the court's order authorizing the treatment.
19.15 Subd. 4.Emergency administration.A treating medical practitioner may administer
19.16neuroleptic medication to a defendant who does not have capacity to make a decision
19.17regarding administration of the medication if the defendant is in an emergency situation.
19.18Medication may be administered for so long as the emergency continues to exist, up to 14
19.19days, if the treating medical practitioner determines that the medication is necessary to
19.20prevent serious, immediate physical harm to the patient defendant or to others. If a request
19.21for authorization to administer medication is made to the court within the 14 days, the
19.22treating medical practitioner may continue the medication through the date of the first court
19.23hearing, if the emergency continues to exist. The treating medical practitioner shall document
19.24the emergency in the defendant's medical record in specific behavioral terms.
19.25 Subd. 5.Administration without judicial review.Neuroleptic medications may be
19.26administered without judicial review under this subdivision if:
19.27 (1) the defendant has been prescribed neuroleptic medication prior to admission to a
19.28facility or program, but lacks the present capacity to consent to the administration of that
19.29neuroleptic medication; continued administration of the medication is in the patient's
19.30defendant's best interest; and the defendant does not refuse administration of the medication.
19.31In this situation, the previously prescribed neuroleptic medication may be continued for up
19.32to 14 days while the treating medical practitioner is requesting a court order authorizing
19.33administering neuroleptic medication or an amendment to a current court order authorizing
19.34administration of neuroleptic medication. If the treating medical practitioner requests a court
19.35order under this section within 14 days, the treating medical practitioner may continue
19Sec. 27.
S0255-1 1st EngrossmentSF255 REVISOR DTT 20.1administering the medication to the patient defendant through the hearing date or until the
20.2court otherwise issues an order; or
20.3 (2) the defendant does not have the present capacity to consent to the administration of
20.4neuroleptic medication, but prepared a health care power of attorney or a health care directive
20.5under chapter 145C requesting treatment or authorizing an agent or proxy to request
20.6treatment, and the agent or proxy has requested the treatment.
20.7 Subd. 6.Defendants with capacity to make informed decision.If the court finds that
20.8the defendant has the capacity to decide whether to take neuroleptic medication, a facility
20.9or program may not administer medication without the patient's defendant's informed written
20.10consent or without the declaration of an emergency, or until further review by the court.
20.11 Subd. 7.Procedure when patient defendant refuses medication.If physical force is
20.12required to administer the neuroleptic medication, the facility or program may only use
20.13injectable medications. If physical force is needed to administer the medication, medication
20.14may only be administered in a setting where the person's defendant's condition can be
20.15reassessed and medical personnel qualified to administer medication are available, including
20.16in the community or a correctional facility. The facility or program may not use a nasogastric
20.17tube to administer neuroleptic medication involuntarily.
20.18Sec. 28. Minnesota Statutes 2022, section 611.48, is amended to read:
20.19 611.48 REVIEW HEARINGS.
20.20 The prosecutor or defense counsel may apply to the court for a hearing to review the
20.21defendant's competency restoration attainment programming. All parties are entitled to
20.22notice before the hearing. The hearing shall be held no later than 30 days after the date of
20.23the request, unless extended upon agreement of the prosecutor and defense counsel or by
20.24the court for good cause.
20.25Sec. 29. Minnesota Statutes 2022, section 611.49, is amended to read:
20.26 611.49 LIKELIHOOD TO ATTAIN COMPETENCY .
20.27 Subdivision 1.Applicability.(a) The court may hold a hearing on its own initiative or
20.28upon request of either party to determine whether the defendant is likely to attain competency
20.29in the foreseeable future when the most recent court examiner's report states that the defendant
20.30is unlikely to attain competency in the foreseeable future, and either:
20Sec. 29.
S0255-1 1st EngrossmentSF255 REVISOR DTT 21.1 (1) the defendant has not been restored to competence attained competency after
21.2participating and cooperating with court-ordered competency restoration attainment
21.3programming for at least one year; or
21.4 (2) the defendant has not received timely competency restoration attainment services
21.5under section 611.46 after one year.
21.6 (b) The court cannot find a defendant unlikely to attain competency based upon a
21.7defendant's refusal to cooperate with or remain at a certified competency program or
21.8cooperate with an examination.
21.9 (c) The parties are entitled to 30 days of notice prior to the hearing and, unless the parties
21.10agree to a longer time period, the court must determine within 30 days after the hearing
21.11whether there is a substantial probability that the defendant will attain competency within
21.12the foreseeable future.
21.13 (d) A party attempting to demonstrate that there is a substantial probability that the
21.14defendant will attain competency within the foreseeable future must prove that probability
21.15by a preponderance of the evidence.
21.16 Subd. 2.Procedure.(a) If the court finds that there is a substantial probability that the
21.17defendant will attain competency within the reasonably foreseeable future, the court shall
21.18find the defendant incompetent and proceed under section 611.46.
21.19 (b) If the court finds that there is not a substantial probability the defendant will attain
21.20competency within the reasonably foreseeable future, the court may not order the defendant
21.21to participate in or continue to participate in a competency restoration attainment program
21.22in a locked treatment facility. The court must release the defendant from any custody holds
21.23pertaining to the underlying criminal case and require the forensic navigator to develop a
21.24bridge plan.
21.25 (c) If the court finds that there is not a substantial probability the defendant will attain
21.26competency within the foreseeable future, the court may issue an order to the designated
21.27agency in the county of financial responsibility or the county where the defendant is present
21.28to conduct a prepetition screening pursuant to section 253B.07.
21.29 (d) If a hearing is held under this subdivision and the criteria pursuant to subdivision 1,
21.30paragraphs (a) and (b) are satisfied, a party attempting to demonstrate that there is a
21.31substantial probability that the defendant will attain competency within the foreseeable
21.32future must prove by a preponderance of the evidence.
21Sec. 29.
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
22.2attain competency within the foreseeable future, the court must dismiss the case unless:
22.3 (1) the person is charged with a violation of section 609.185 (murder in the first degree);
22.4609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
22.5(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112
22.6(criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death
22.7to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662
22.8(murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in
22.9the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665
22.10(manslaughter of an unborn child in the second degree); or a crime of violence as defined
22.11in section 624.712, subdivision 5, except for a violation of chapter 152; or
22.12 (2) there is a showing of a danger to public safety if the matter is dismissed.
22.13 (f) (e) If the court does not dismiss the charges, the court must order continued supervision
22.14under subdivision 3.
22.15 Subd. 3.Continued supervision.(a) If the court orders the continued supervision of a
22.16defendant, any party may request a hearing on the issue of continued supervision by filing
22.17a notice no more than ten days after the order for continued supervision.
22.18 (b) When continued supervision is ordered, the court must identify the supervisory
22.19agency responsible for the supervision of the defendant, including but not limited to directing
22.20and may identify a forensic navigator as the responsible entity.
22.21 (c) Notwithstanding the reporting requirements of section 611.46, subdivision 6, the
22.22court examiner must provide an updated report to the court one year after the initial order
22.23for continued supervision as to the defendant's competency and a description of the efforts
22.24made to restore assist the defendant to in attaining competency. The court shall hold a review
22.25hearing within 30 days of receipt of the report.
22.26 (d) If continued supervision is ordered at the review hearing under paragraph (c), the
22.27court must set a date for a review hearing no later than two years after the most recent order
22.28for continuing supervision. The court must order review of the defendant's status, including
22.29an updated competency examination and report by the court examiner. The court examiner
22.30must submit the updated report to the court. At the review hearing, the court must determine
22.31if the defendant has attained competency, whether there is a substantial probability that the
22.32defendant will attain competency within the foreseeable future, and whether the absence of
22.33continuing supervision of the defendant is a danger to public safety. Notwithstanding
22Sec. 29.
S0255-1 1st EngrossmentSF255 REVISOR DTT 23.1subdivision 2, paragraph (e) (d), the court may hear any motions to dismiss pursuant to the
23.2interest of justice at the review hearing.
23.3 (e) Continued supervision of a defendant in cases where the most serious charge is a
23.4targeted misdemeanor or gross misdemeanor is subject to the limitations established in
23.5section 611.45, subdivision 3, paragraph (b).
23.6 (e) (f) The court may not order continued supervision of a defendant charged with a
23.7felony for more than ten years unless the defendant is charged with a violation of section
23.8609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
23.9in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
23.10the second degree); 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1
23.11(criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn
23.12child in the first degree); 609.2662 (murder of an unborn child in the second degree);
23.13609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an
23.14unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second
23.15degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a
23.16violation of chapter 152.
23.17 (f) (g) At any time, the head of the program may discharge the defendant from the
23.18program or facility. The head of the program must notify the court, prosecutor, defense
23.19counsel, forensic navigator, and any entity responsible for the supervision of the defendant
23.20prior to any planned discharge. Absent emergency circumstances, this notification shall be
23.21made five days prior to the discharge. If the defendant is discharged from the program or
23.22facility under emergency circumstances, notification of emergency discharge shall include
23.23a description of the emergency circumstances and may include a request for emergency
23.24transportation. The court shall make a determination on a request for emergency
23.25transportation within 24 hours. Nothing in this section prohibits a law enforcement agency
23.26from transporting a defendant pursuant to any other authority.
23.27 (g) (h) The court may provide, partner, or contract for pretrial supervision services or
23.28continued supervision if the defendant is found incompetent and unlikely to attain competency
23.29in the foreseeable future.
23Sec. 29.
S0255-1 1st EngrossmentSF255 REVISOR DTT 24.1 Sec. 30. Minnesota Statutes 2022, section 611.51, is amended to read:
24.2 611.51 CREDIT FOR CONFINEMENT .
24.3 If the defendant is convicted, any time spent confined in a secured secure setting while
24.4being assessed and restored to or receiving competency attainment services must be credited
24.5as time served.
24.6 Sec. 31. Minnesota Statutes 2022, section 611.55, is amended to read:
24.7 611.55 FORENSIC NAVIGATOR SERVICES.
24.8 Subdivision 1.Definition.As used in this section, "board" means the State Competency
24.9Restoration Attainment Board established in section 611.56.
24.10 Subd. 2.Availability of forensic navigator services.The board must provide or contract
24.11for enough forensic navigator services to meet the needs of adult defendants in each judicial
24.12district who are found incompetent to proceed.
24.13 Subd. 3.Duties.(a) Forensic navigators shall assist and supervise defendants when
24.14appointed to do so by a court. Forensic navigators shall be impartial in all legal matters
24.15relating to the criminal case. Nothing shall be construed to permit the forensic navigator to
24.16provide legal counsel as a representative of the court, prosecutor, or defense counsel. Forensic
24.17navigators shall be required to report compliance and noncompliance with pretrial supervision
24.18and any orders of the court.
24.19 (b) Forensic navigators shall provide services to assist defendants with mental illnesses
24.20and cognitive impairments. Services may include, but are not limited to:
24.21 (1) developing bridge plans;
24.22 (2) assisting defendants in participating in court-ordered examinations and hearings;
24.23 (3) coordinating timely placement in court-ordered competency restoration attainment
24.24programs;
24.25 (4) providing competency restoration attainment education;
24.26 (5) reporting to the court on the progress of defendants found incompetent to stand trial;
24.27 (6) providing coordinating services to help defendants access needed mental health
24.28services, medical care, stable housing and housing assistance, financial assistance, social
24.29services, transportation, precharge and pretrial diversion, and other necessary services
24.30provided by other programs and community service providers;
24Sec. 31.
S0255-1 1st EngrossmentSF255 REVISOR DTT 25.1 (7) communicating with and offering supportive resources to defendants and family
25.2members of defendants; and
25.3 (8) providing consultation and education to court officials on emerging issues and
25.4innovations in serving defendants with mental illnesses in the court system.
25.5 (c) When ordered to supervise a defendant, a forensic navigator shall report to the court
25.6on a defendant's compliance or noncompliance with conditions of pretrial supervision and
25.7any order of the court.
25.8 (c) (d) If a defendant's charges are dismissed, the appointed forensic navigator may
25.9continue assertive outreach with the individual for up to 90 days to assist in attaining stability
25.10in the community.
25.11 Subd. 4.Bridge plans.(a) The forensic navigator must prepare bridge plans A forensic
25.12navigator must prepare a bridge plan with the defendant and submit them the bridge plan
25.13to the court. Bridge plans must be submitted before the time the court makes a competency
25.14finding pursuant to section 611.45. The A bridge plan must include:
25.15 (1) a confirmed housing address the defendant will use upon release, including but not
25.16limited to emergency shelters;
25.17 (2) if possible, the dates, times, locations, and contact information for any appointments
25.18made to further coordinate support and assistance for the defendant in the community,
25.19including but not limited to mental health and substance use disorder treatment, or a list of
25.20referrals to services; and
25.21 (3) any other referrals, resources, or recommendations the forensic navigator or court
25.22deems necessary.
25.23 (b) Bridge plans and any supporting records or other data submitted with those plans
25.24are not accessible to the public.
25.25Sec. 32. Minnesota Statutes 2022, section 611.56, is amended to read:
25.26 611.56 STATE COMPETENCY RESTORATION ATTAINMENT BOARD.
25.27 Subdivision 1.Establishment; membership.(a) The State Competency Restoration
25.28Attainment Board is established in the judicial branch. The board is not subject to the
25.29administrative control of the judiciary. The board shall consist of seven members, including:
25.30 (1) three members appointed by the supreme court, at least one of whom must be a
25.31defense attorney, one a county attorney, and one public member; and
25Sec. 32.
S0255-1 1st EngrossmentSF255 REVISOR DTT 26.1 (2) four members appointed by the governor, at least one of whom must be a mental
26.2health professional with experience in competency restoration attainment.
26.3 (b) The appointing authorities may not appoint an active judge to be a member of the
26.4board, but may appoint a retired judge.
26.5 (c) All members must demonstrate an interest in maintaining a high quality, independent
26.6forensic navigator program and a thorough process for certification of competency restoration
26.7attainment programs. Members shall be familiar with the Minnesota Rules of Criminal
26.8Procedure, particularly rule 20; chapter 253B; and sections 611.40 to 611.59. Following
26.9the initial terms of appointment, at least one member appointed by the supreme court must
26.10have previous experience working as a forensic navigator. At least three members of the
26.11board shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms,
26.12compensation, and removal of members shall be as provided in section 15.0575. The members
26.13shall elect the chair from among the membership for a term of two years.
26.14 Subd. 2.Duties and responsibilities.(a) The board shall create and administer a
26.15statewide, independent competency restoration attainment system that certifies competency
26.16restoration attainment programs and uses forensic navigators to promote prevention and
26.17diversion of people with mental illnesses and cognitive impairments from entering the legal
26.18system, support defendants with mental illness and cognitive impairments, support defendants
26.19in the competency process, and assist courts and partners in coordinating competency
26.20restoration attainment services.
26.21 (b) The board shall:
26.22 (1) approve and recommend to the legislature a budget for the board and the forensic
26.23navigator program;
26.24 (2) establish procedures for distribution of funding under this section to the forensic
26.25navigator program;
26.26 (3) establish forensic navigator standards, administrative policies, procedures, and rules
26.27consistent with statute, rules of court, and laws that affect a forensic navigator's work;
26.28 (4) establish certification requirements for competency restoration attainment programs;
26.29and
26.30 (5) carry out the programs under sections 611.57, 611.58, and 611.59.
26.31 (c) The board may:
26Sec. 32.
S0255-1 1st EngrossmentSF255 REVISOR DTT 27.1 (1) adopt standards, policies, or procedures necessary to ensure quality assistance for
27.2defendants found incompetent to stand trial and charged with a felony, gross misdemeanor,
27.3or targeted misdemeanor, or for defendants found incompetent to stand trial who have
27.4recurring incidents;
27.5 (2) establish district forensic navigator offices as provided in subdivision 4; and
27.6 (3) propose statutory changes to the legislature and rule changes to the supreme court
27.7that would facilitate the effective operation of the forensic navigator program.
27.8 Subd. 3.Administrator.The board shall appoint a program administrator who serves
27.9at the pleasure of the board. The program administrator shall attend all meetings of the board
27.10and the Certification Advisory Committee, but may not vote, and shall:
27.11 (1) carry out all administrative functions necessary for the efficient and effective operation
27.12of the board and the program, including but not limited to hiring, supervising, and disciplining
27.13program staff and forensic navigators;
27.14 (2) implement, as necessary, resolutions, standards, rules, regulations, and policies of
27.15the board;
27.16 (3) keep the board fully advised as to its financial condition, and prepare and submit to
27.17the board the annual program and budget and other financial information as requested by
27.18the board;
27.19 (4) recommend to the board the adoption of rules and regulations necessary for the
27.20efficient operation of the board and the program; and
27.21 (5) perform other duties prescribed by the board.
27.22 Subd. 4.District offices.The board may establish district forensic navigator offices in
27.23counties, judicial districts, or other areas where the number of defendants receiving
27.24competency restoration attainment services requires more than one full-time forensic
27.25navigator and establishment of an office is fiscally responsible and in the best interest of
27.26defendants found to be incompetent.
27.27 Subd. 5.Administration.The board may contract with the Office of State Court
27.28Administrator for administrative support services for the fiscal years following fiscal year
27.292022.
27.30 Subd. 6.Fees and costs; civil actions on contested case.Sections 15.039 and 15.471
27.31to 15.474 apply to the State Competency Restoration Attainment Board.
27Sec. 32.
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
28.2Public Access for Records of the Judicial Branch. The board may propose amendments for
28.3supreme court consideration.
28.4 Sec. 33. Minnesota Statutes 2022, section 611.57, is amended to read:
28.5 611.57 CERTIFICATION ADVISORY COMMITTEE.
28.6 Subdivision 1.Establishment.The Certification Advisory Committee is established to
28.7provide the State Competency Restoration Attainment Board with advice and expertise
28.8related to the certification of competency restoration attainment programs, including
28.9jail-based programs.
28.10 Subd. 2.Membership.(a) The Certification Advisory Committee consists of the
28.11following members:
28.12 (1) a mental health professional, as defined in section 245I.02, subdivision 27, with
28.13community behavioral health experience, appointed by the governor;
28.14 (2) a board-certified forensic psychiatrist with experience in competency evaluations,
28.15providing competency restoration attainment services, or both, appointed by the governor;
28.16 (3) a board-certified forensic psychologist with experience in competency evaluations,
28.17providing competency restoration attainment services, or both, appointed by the governor;
28.18 (4) the president of the Minnesota Corrections Association or a designee;
28.19 (5) the direct care and treatment deputy commissioner or a designee;
28.20 (6) the president of the Minnesota Association of County Social Service Administrators
28.21or a designee;
28.22 (7) the president of the Minnesota Association of Community Mental Health Providers
28.23or a designee;
28.24 (8) the president of the Minnesota Sheriffs' Association or a designee; and
28.25 (9) the executive director of the National Alliance on Mental Illness Minnesota or a
28.26designee.
28.27 (b) Members of the advisory committee serve without compensation and at the pleasure
28.28of the appointing authority. Vacancies shall be filled by the appointing authority consistent
28.29with the qualifications of the vacating member required by this subdivision.
28.30 Subd. 3.Meetings.At its first meeting, the advisory committee shall elect a chair and
28.31may elect a vice-chair. The advisory committee shall meet at least monthly or upon the call
28Sec. 33.
S0255-1 1st EngrossmentSF255 REVISOR DTT 29.1the chair. The advisory committee shall meet sufficiently enough to accomplish the tasks
29.2identified in this section.
29.3 Subd. 4.Duties.The Certification Advisory Committee shall consult with the Department
29.4of Human Services, the Department of Health, and the Department of Corrections; make
29.5recommendations to the State Competency Restoration Attainment Board regarding
29.6competency restoration attainment curriculum, certification requirements for competency
29.7restoration attainment programs including jail-based programs, and certification of individuals
29.8to provide competency restoration attainment services; and provide information and
29.9recommendations on other issues relevant to competency restoration attainment as requested
29.10by the board.
29.11Sec. 34. Minnesota Statutes 2022, section 611.58, is amended to read:
29.12 611.58 COMPETENCY RESTORATION ATTAINMENT CURRICULUM AND
29.13CERTIFICATION.
29.14 Subdivision 1.Curriculum.(a) By January 1, 2023, the board must recommend a
29.15competency restoration attainment curriculum to educate and assist defendants found
29.16incompetent in attaining the ability to:
29.17 (1) rationally consult with counsel;
29.18 (2) understand the proceedings; and
29.19 (3) participate in the defense.
29.20 (b) The curriculum must be flexible enough to be delivered in community and correctional
29.21settings by individuals with various levels of education and qualifications, including but
29.22not limited to professionals in criminal justice, health care, mental health care, and social
29.23services. The board must review and update the curriculum as needed.
29.24 Subd. 2.Certification and distribution.By January 1, 2023, the board must develop
29.25a process for certifying individuals to deliver the competency restoration attainment
29.26curriculum and make the curriculum available to every certified competency restoration
29.27attainment program and forensic navigator in the state. Each competency restoration
29.28attainment program in the state must use the competency restoration attainment curriculum
29.29under this section as the foundation for delivering competency restoration attainment
29.30education and must not substantially alter the content.
29Sec. 34.
S0255-1 1st EngrossmentSF255 REVISOR DTT 30.1 Sec. 35. Minnesota Statutes 2022, section 611.59, is amended to read:
30.2 611.59 COMPETENCY RESTORATION ATTAINMENT PROGRAMS.
30.3 Subdivision 1.Availability and certification.The board must provide or contract for
30.4enough competency restoration attainment services to meet the needs of adult defendants
30.5in each judicial district who are found incompetent to proceed and do not have access to
30.6competency restoration attainment services as a part of any other programming in which
30.7they are ordered to participate. The board, in consultation with the Certification Advisory
30.8Committee, shall develop procedures to certify that the standards in this section are met,
30.9including procedures for regular recertification of competency restoration attainment
30.10programs. The board shall maintain a list of programs it has certified competency restoration
30.11programs on the board's website to be updated and shall update the list of competency
30.12attainment programs at least once every year.
30.13 Subd. 2.Competency restoration attainment provider standards.Except for jail-based
30.14programs, a competency restoration attainment provider must:
30.15 (1) be able to provide the appropriate mental health or substance use disorder treatment
30.16ordered by the court, including but not limited to treatment in inpatient, residential, and
30.17home-based settings;
30.18 (2) ensure that competency restoration attainment education certified by the board is
30.19provided to defendants and that regular assessments of defendants' progress in attaining
30.20competency are documented;
30.21 (3) designate a head of the program knowledgeable in the processes and requirements
30.22of the competency to stand trial procedures; and
30.23 (4) develop staff procedures or designate a person responsible to ensure timely
30.24communication with the court system.
30.25 Subd. 3.Jail-based competency restoration attainment standards.Jail-based
30.26competency restoration attainment programs must be housed in correctional facilities licensed
30.27by the Department of Corrections under section 241.021 and must:
30.28 (1) have a designated program director who meets minimum qualification standards set
30.29by the board, including understanding the requirements of competency to stand trial
30.30procedures;
30.31 (2) provide minimum mental health services including:
30Sec. 35.
S0255-1 1st EngrossmentSF255 REVISOR DTT 31.1 (i) having multidisciplinary staff sufficient to monitor defendants and provide timely
31.2assessments, treatment, and referrals as needed, including at least one medical professional
31.3licensed to prescribe psychiatric medication;
31.4 (ii) prescribing, dispensing, and administering any medication deemed clinically
31.5appropriate by qualified medical professionals; and
31.6 (iii) having policies and procedures for the administration of involuntary medication;
31.7 (3) ensure that competency restoration attainment education certified by the board is
31.8provided to defendants and regular assessments of defendants' progress in attaining
31.9competency to stand trial are documented;
31.10 (4) develop staff procedures or designate a person responsible to ensure timely
31.11communication with the court system; and
31.12 (5) designate a space in the correctional facility for the program.
31.13 Subd. 4.Program evaluations.(a) The board shall collect the following data:
31.14 (1) the total number of competency examinations ordered in each judicial district
31.15separated by county;
31.16 (2) the age, race, and number of unique defendants and for whom at least one competency
31.17examination was ordered in each judicial district separated by county;
31.18 (3) the age, race, and number of unique defendants found incompetent at least once in
31.19each judicial district separated by county; and
31.20 (4) all available data on the level of charge and adjudication of cases with a defendant
31.21found incompetent and whether a forensic navigator was assigned to the case.
31.22 (b) By February 15 of each year, the board must report to the legislative committees and
31.23divisions with jurisdiction over human services, public safety, and the judiciary on the data
31.24collected under this subdivision and may include recommendations for statutory or funding
31.25changes related to competency restoration attainment.
31Sec. 35.
S0255-1 1st EngrossmentSF255 REVISOR DTT 32.1 Sec. 36. Laws 2022, chapter 99, article 3, section 1, is amended to read:
32.2 Section 1. APPROPRIATION BASE ESTABLISHED; COMPETENCY
32.3RESTORATION ATTAINMENT.
32.4 Subdivision 1.Department of Corrections.The general fund appropriation base for
32.5the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year
32.62025 for correctional facilities inspectors.
32.7 Subd. 2.District courts.The general fund appropriation base for the district courts is
32.8$5,042,000 in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs associated with
32.9additional competency examination costs.
32.10 Subd. 3.State Competency Restoration Attainment Board.The general fund
32.11appropriation base for the State Competency Restoration Attainment Board is $11,350,000
32.12in fiscal year 2024 and $10,900,000 in fiscal year 2025 for staffing and other costs needed
32.13to establish and perform the duties of the State Competency Restoration Attainment Board,
32.14including providing educational services necessary to restore defendants to assist defendants
32.15in attaining competency, or contracting or partnering with other organizations to provide
32.16those services.
32.17Sec. 37. COMPETENCY ATTAINMENT BOARD; ESTABLISHMENT;
32.18APPROPRIATION.
32.19 $250,000 in fiscal year 2023 is appropriated from the general fund to the State
32.20Competency Attainment Board to establish the board, hire an administrator and any other
32.21necessary staff, establish appropriate standards and requirements for a forensic navigator
32.22program, and establish certifications requirements and procedures for competency attainment
32.23curriculum and programs.
32.24Sec. 38. EFFECTIVE DATE.
32.25 Sections 1 to 37 are effective the day following final enactment.
32Sec. 38.
S0255-1 1st EngrossmentSF255 REVISOR DTT