Key Information

Relevant Statutes and Rules

Minn. Stat. Ann. § 611.026

Minn. R. Crim. Proc. 20.01 et seq.

What proceedings can occur while the defendant is incompetent

"While the proceedings are suspended, the court must cease all hearings and decisions regarding the merits of the criminal charges but retains authority over other matters, including but not limited to establishing or modifying bail, conditions of release, probation conditions, and no contact orders, and appointing counsel in accordance with the relevant rules of criminal procedure." Minn. R. Crim. P. 20.01(3)(c)

Number of examiners required

1

 Rule 20.01(4)(a)(3)

Qualifications of examiners

“Court examiner” means a person appointed to serve the court, and who is a physician or psychologist who has a doctoral degree in psychology, and is either licensed in Minnesota or who holds current authority to practice in Minnesota under an approved interstate compact.

Minn. Stat. Ann. § 611.43(1) (West)

What must the evaluation report contain

The report shall include an evaluation of the defendant's mental health, cognition, and the factual basis for opinions about:
(1) any diagnoses made, and the results of any testing conducted with the defendant;
(2) the defendant's competency to stand trial;
(3) the level of care and education required for the defendant to attain, be restored to, or maintain competency;
(4) a recommendation of the least restrictive setting appropriate to meet the defendant's needs for attaining competency and immediate safety;
(5) the impact of any substance use disorder on the defendant, including the defendant's competency, and any recommendations for treatment;
(6) the likelihood the defendant will attain competency in the reasonably foreseeable future;
(7) whether the defendant poses a substantial likelihood of physical harm to self or others; and
(8) if the court examiner's opinion is that the defendant is incompetent to proceed, whether the defendant possesses capacity to make decisions regarding neuroleptic medication unless the examiner is unable to render an opinion on capacity. If the examiner is unable to render an opinion on capacity, the report must document the reasons why the examiner is unable to render that opinion.

Minn. Stat. Ann. § 611.43 (West)

Are low-level offenses excluded from restoration

"If there is a reasonable basis to doubt the defendant's competency, the most serious charge is a misdemeanor other than a targeted misdemeanor, and the court determines that ordering an examination of the defendant is not in the public interest, the court must dismiss the case." Minn. R. Cr. P. 20.01(3)(d). Note: this addresses dismissal at evaluation stage, even before restoration stage.

"For purposes of this paragraph, an examination is in the public interest when it is necessary to assess whether the defendant has a cognitive impairment or mental illness; determine whether a defendant has the ability to access housing, food, income, disability verification, medications, and treatment for medical conditions; or whether a defendant has the ability to otherwise address any basic needs."

Minn. Stat. Ann. § 611.42 (West)

"If the court finds the defendant incompetent, and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be dismissed." Note: This dismissal is required at the finding of incompetence.

Minn. Stat. Ann. § 611.45 (West)

Is there a pathway for diversion following a finding of incompetence to stand trial

(a) A defendant is eligible to participate in an alternative program if the defendant has been found incompetent, the defendant is entitled to release, and a certified competency restoration program outside of a jail is not available.
(b) As soon as the forensic navigator has reason to believe that no certified competency restoration program outside of a jail will be available within a reasonable time, the forensic navigator shall determine if there are available alternative programs that are likely to assist the defendant in attaining competency. Upon notification by the forensic navigator, the court may order the defendant to participate in an appropriate alternative program and notify the prosecutor and the defense counsel.

Minn. Stat. Ann. § 611.46(5) (West)

What are the locations for restoration services

Targeted misdemeanor: Outpatient, community-based
Otherwise: Least restrictive alternative. Can only be inpatient if head of program determines that admission is clinically appropriate and consents to admission.

(a) If the court finds the defendant incompetent and the charges have not been dismissed, the court shall order the defendant to participate in a program to assist the defendant in attaining competency. The court may order participation in a competency attainment program provided outside of a jail, a jail-based competency attainment program, or an alternative program. The court must determine the least-restrictive program appropriate to meet the defendant's needs and public safety. In making this determination, the court must consult with the forensic navigator and consider any recommendations of the court examiner. The court shall not order a defendant to participate in a jail-based program or a state-operated treatment program if the highest criminal charge is a targeted misdemeanor.

Minn. Stat. Ann. § 611.46(a)

"The court may only order the defendant to participate in competency attainment at an inpatient or residential treatment program under this section if the head of the treatment program determines that admission to the program is clinically appropriate and consents to the defendant's admission. The court may only order the defendant to participate in competency attainment at a state-operated treatment facility under this section if the commissioner of human services or a designee determines that admission of the defendant is clinically appropriate and consents to the defendant's admission."

Minn. Stat. Ann. § 611.46 (West)

What is the test for restorability

"substantial probability that the defendant will attain competency within the reasonably foreseeable future" M.S.A. § 611.49

What is the procedure after restoration

(a) The court must determine whether the defendant is competent based on the updated report from the court examiner no more than 14 days after receiving the report.
(b) If the court finds the defendant competent, the court must enter an order and the criminal proceedings shall resume.

Minn. Stat. Ann. § 611.46(8) (West)

What is the procedure if there is a finding of unrestorability

"If the court finds that there is not a substantial probability the defendant will attain competency within the reasonably foreseeable future, the court may not order the defendant to participate in or continue to participate in a competency restoration program in a locked treatment facility. The court must release the defendant from any custody holds pertaining to the underlying criminal case and require the forensic navigator to develop a bridge plan."

"If the court finds that there is not a substantial probability that the defendant will attain competency within the foreseeable future, the court must dismiss the case unless" charged with certain violations OR danger to public safety

M.S.A. § 611.49  

What are the time limits on initial transfer to restoration services

30 days.

"If the defendant is confined in jail and has not received competency attainment services within 30 days of the finding of incompetency" the court may, among other things, "dismiss the charges in the interest of justice" § 611.46(1)(d)

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

None stated.

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

(b) If the court orders the defendant to a locked treatment facility or jail-based program, the court must calculate the defendant's custody credit and cannot order the defendant to a locked treatment facility or jail-based program for a period that would cause the defendant's custody credit to exceed the maximum sentence for the underlying charge.

Minn. Stat. Ann. § 611.46 (West)