Subdivision 1. Availability and certification. The board must provide or contract for enough competency restoration services to meet the needs of adult defendants in each judicial district who are found incompetent to proceed and do not have access to competency restoration services as a part of any other programming in which they are ordered to participate. The board, in consultation with the Certification Advisory Committee, shall develop procedures to certify that the standards in this section are met, including procedures for regular recertification of competency restoration programs. The board shall maintain a list of certified competency restoration programs on the board's website to be updated at least once every year.
Subd. 2. Competency restoration provider standards. Except for jail-based programs, a competency restoration provider must:
(1) be able to provide the appropriate mental health or substance use disorder treatment ordered by the court, including but not limited to treatment in inpatient, residential, and home-based settings;
(2) ensure that competency restoration education certified by the board is provided to defendants and that regular assessments of defendants' progress in attaining competency are documented;
(3) designate a head of the program knowledgeable in the processes and requirements of the competency to stand trial procedures; and
(4) develop staff procedures or designate a person responsible to ensure timely communication with the court system.
Subd. 3. Jail-based competency restoration standards. Jail-based competency restoration programs must be housed in correctional facilities licensed by the Department of Corrections under section 241.021 and must:
(1) have a designated program director who meets minimum qualification standards set by the board, including understanding the requirements of competency to stand trial procedures;
(2) provide minimum mental health services including:
(i) multidisciplinary staff sufficient to monitor defendants and provide timely assessments, treatment, and referrals as needed, including at least one medical professional licensed to prescribe psychiatric medication;
(ii) prescribing, dispensing, and administering any medication deemed clinically appropriate by qualified medical professionals; and
(iii) policies and procedures for the administration of involuntary medication;
(3) ensure that competency restoration education certified by the board is provided to defendants and regular assessments of defendants' progress in attaining competency to stand trial are documented;
(4) develop staff procedures or designate a person responsible to ensure timely communication with the court system; and
(5) designate a space in the correctional facility for the program.
Subd. 4. Program evaluations. (a) The board shall collect the following data:
(1) the total number of competency examinations ordered in each judicial district separated by county;
(2) the age, race, and number of unique defendants and for whom at least one competency examination was ordered in each judicial district separated by county;
(3) the age, race, and number of unique defendants found incompetent at least once in each judicial district separated by county; and
(4) all available data on the level of charge and adjudication of cases with a defendant found incompetent and whether a forensic navigator was assigned to the case.
(b) By February 15 of each year, the board must report to the legislative committees and divisions with jurisdiction over human services, public safety, and the judiciary on the data collected under this subdivision and may include recommendations for statutory or funding changes related to competency restoration.
2022 c 99 art 1 s 42
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.