Subdivision 1. Findings. (a) The court must rule on the defendant's competency to stand trial no more than 14 days after the examiner's report is submitted to the court. If there is a contested hearing, the court must rule no more than 30 days after the date of the hearing.
(b) If the court finds the defendant competent, the court shall enter an order and the criminal proceedings shall resume.
(c) If the court finds the defendant incompetent, the court shall enter a written order and suspend the criminal proceedings. The matter shall proceed under section 611.46.
Subd. 2. Appeal. Appeals under this chapter are governed by Minnesota Rules of Criminal Procedure, rule 28. A verbatim record shall be made in all competency proceedings.
Subd. 3. Dismissal of criminal charge. (a) If the court finds the defendant incompetent, and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be dismissed.
(b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed 30 days after the date of the finding of incompetence, unless the prosecutor, before the expiration of the 30-day period, files a written notice of intent to prosecute when the defendant regains competency. If a notice has been filed and the charge is a targeted misdemeanor, charges must be dismissed within one year after the finding of incompetency. If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed within two years after the finding of incompetency.
(c) In felony cases, except as provided in paragraph (d), the charges must be dismissed three years after the date of the finding of incompetency, unless the prosecutor, before the expiration of the three-year period, files a written notice of intent to prosecute when the defendant regains competency. If a notice has been filed, charges must be dismissed within five years after the finding of incompetency or ten years if the maximum sentence for the crime with which the defendant is charged is ten years or more.
(d) The requirement that felony charges be dismissed under paragraph (c) does not apply if:
(1) the court orders continuing supervision pursuant to section 611.49, subdivision 3; or
(2) the defendant is charged with a violation of sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a violation of chapter 152.
History: 2022 c 99 art 1 s 31
NOTE: This section, as added by Laws 2022, chapter 99, article 1, section 31, is effective July 1, 2023, and applies to competency determinations initiated on or after that date. Laws 2022, chapter 99, article 1, section 50.
Structure Minnesota Statutes
Chapters 609 - 624 — Crimes; Expungement; Victims
Chapter 611 — Rights Of Accused
Section 611.01 — Ground Of Arrest, Knowledge.
Section 611.02 — Presumption Of Innocence; Conviction Of Lowest Degree, When.
Section 611.025 — Presumption Of Responsibility.
Section 611.026 — Criminal Responsibility Of Persons With A Mental Illness Or Cognitive Impairment.
Section 611.027 — Disposition Of Child Of Parent Arrested.
Section 611.033 — Copy Of Confession Or Admission.
Section 611.05 — Continuance; Effect; Bail.
Section 611.06 — Defendant Entitled To Blank Subpoenas.
Section 611.11 — No Presumption From Failure To Testify.
Section 611.14 — Right To Representation By Public Defender.
Section 611.15 — Notification Of Right To Representation.
Section 611.16 — Request For Appointment Of Public Defender.
Section 611.18 — Appointment Of Public Defender.
Section 611.19 — Waiver Of Appointment Of Counsel.
Section 611.20 — Subsequent Ability To Pay Counsel.
Section 611.21 — Services Other Than Counsel.
Section 611.215 — State Board Of Public Defense Created.
Section 611.216 — Criminal And Juvenile Defense Grants.
Section 611.23 — Office Of State Public Defender; Appointment; Salary.
Section 611.24 — Chief Appellate Public Defender; Organization Of Office; Assistants.
Section 611.25 — Powers; Duties; Limitations.
Section 611.26 — District Public Defenders.
Section 611.262 — Representation Before Appointment.
Section 611.263 — Employer; Ramsey, Hennepin Defenders.
Section 611.27 — Offices Of District Public Defender; Financing; Representation.
Section 611.271 — Copies Of Documents; Fees.
Section 611.272 — Access To Government Data.
Section 611.273 — Surplus Property.
Section 611.30 — Right To Interpreter, State Policy.
Section 611.31 — Disabled Person.
Section 611.32 — Proceedings Where Interpreter Appointed.
Section 611.33 — Qualified Interpreter.
Section 611.34 — Applicability To All Courts.
Section 611.35 — Reimbursement Of Appointed Counsel.
Section 611.362 — Claim For Compensation Based On Exoneration.
Section 611.363 — Compensation Panel.
Section 611.364 — Prehearing Settlements And Hearing.
Section 611.366 — Judicial Review.
Section 611.367 — Compensating Exonerated Persons; Appropriations Process.
Section 611.368 — Short Title.
Section 611.40 — Applicability.
Section 611.42 — Competency Motion Procedures.
Section 611.43 — Competency Examination And Report.
Section 611.44 — Contested Hearing Procedures.
Section 611.45 — Competency Findings.
Section 611.46 — Incompetent To Stand Trial And Continuing Supervision.
Section 611.47 — Administration Of Medication.
Section 611.48 — Review Hearings.
Section 611.49 — Likelihood To Attain Competency.
Section 611.50 — Defendant's Participation And Conduct Of Hearings.
Section 611.51 — Credit For Confinement.
Section 611.55 — Forensic Navigator Services.
Section 611.56 — State Competency Restoration Board.
Section 611.57 — Certification Advisory Committee.
Section 611.58 — Competency Restoration Curriculum And Certification.