Subdivision 1. Place of hearing. Upon request of the prosecutor, defense counsel, or head of the treatment facility and approval by the court and the treatment facility, a hearing may be held at a treatment facility. A hearing may be conducted by interactive video conference consistent with the Minnesota Rules of Criminal Procedure.
Subd. 2. Absence permitted. When a medical professional treating the defendant submits a written report stating that participating in a hearing under this statute is not in the best interest of the defendant and would be detrimental to the defendant's mental or physical health, the court shall notify the defense counsel and the defendant and allow the hearing to proceed without the defendant's participation.
Subd. 3. Disruption of hearing. At any hearing required under this section, the court, on its motion or on the motion of any party, may exclude or excuse a defendant who is seriously disruptive, refuses to participate, or who is incapable of comprehending and participating in the proceedings. In such instances, the court shall, with specificity on the record, state the behavior of the defendant or other circumstances which justify proceeding in the absence of the defendant.
Subd. 4. Issues not requiring defendant's participation. The defendant's incompetence does not preclude the defense counsel from making an objection or defense before trial that can be fairly determined without the defendant's participation.
History: 2022 c 99 art 1 s 36
NOTE: This section, as added by Laws 2022, chapter 99, article 1, section 36, 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.