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MN SF3395

Bill

Status

Introduced

2/24/2022

Primary Sponsor

Rich Draheim

Click for details

Origin

Senate

92nd Legislature 2021-2022

AI Summary

  • Establishes a new statutory procedure (Minnesota Statutes, chapter 611) for assessing defendant competency to stand trial in adult criminal cases, replacing existing Rules of Criminal Procedure for competency determinations initiated on or after July 1, 2023.

  • Creates the role of "forensic navigator" to provide services including developing dismissal plans, assisting with court examinations, coordinating placement in competency restoration programs, and connecting defendants with mental health, housing, and social services.

  • Requires courts to appoint "court examiners" (physicians or licensed psychologists) to evaluate defendants' competency and provide written reports within 30-60 days; allows contested hearings on examination findings with defendant presumed incompetent unless court finds competency by preponderance of evidence.

  • Establishes mandatory dismissal timelines: misdemeanor charges must be dismissed immediately upon incompetency finding; gross misdemeanor charges dismissed 30 days after finding unless prosecutor files notice to prosecute; felony charges dismissed three years after finding unless prosecutor files notice (except murder charges).

  • Appropriates unspecified amounts from the general fund to the supreme court for forensic navigator services and competency restoration programs in each of the ten judicial districts, based on population and local needs.

Legislative Description

Statutory procedure establishment and appropriation to assess the competency of a defendant to stand trial

Last Action

Author added Rosen

5/22/2022

Committee Referrals

Judiciary and Public Safety Finance and Policy3/10/2022
Human Services Reform Finance and Policy2/24/2022

Full Bill Text

No bill text available