HF3070 (Legislative Session 94 (2025-2026))

Forensic navigator monitoring provided, Minnesota Competency Attainment Board provisions modified, and money appropriated.

AI Generated Summary

Purpose of the Bill

The bill aims to reform the procedures and systems used when dealing with defendants who are found to be incompetent to stand trial in Minnesota. It introduces methods for monitoring these individuals and updating the relevant legal processes to ensure both public safety and the rights of the defendants.

Main Provisions

  • Forensic Navigator Monitoring: The bill introduces the role of forensic navigators who will monitor defendants found incompetent to stand trial. They will assist with pretrial supervision when necessary and help connect defendants to services that aid them in attaining competency.

  • Competency Attainment Board Adjustments: Changes have been made to the composition and responsibilities of the Minnesota Competency Attainment Board, including membership requirements and reporting duties.

  • Dismissal of Charges: The bill outlines specific timeframes for the dismissal of charges based on the type of misdemeanor or felony if a defendant is found incompetent and no progress in attaining competency is observed.

  • Supervision and Monitoring: It delineates between continuing supervision, pretrial supervision, and monitoring by forensic navigators, providing clarity on how these should be conducted and the circumstances under which they apply.

  • Appropriations: The bill appropriates funds to the Minnesota Competency Attainment Board for the maintenance and expansion of competency attainment services.

Significant Changes to Existing Law

  • The bill modifies existing statutes to ensure that if a defendant is found incompetent, and it is unlikely they will attain competency, the charges can still be managed through supervision and monitoring rather than immediate dismissal.

  • It allows more structured and extended durations for monitoring defendants who pose significant public safety risks, even when they are found incompetent.

  • New provisions are added for the forensic navigators who are assigned to monitor and support the defendants through the legal process, with limitations on their authority such as a prohibition on searches and seizures.

Relevant Terms

  • Forensic Navigator
  • Competency Attainment
  • Criminal Incompetency
  • Judicial Monitoring
  • Public Safety
  • Competency Attainment Board
  • Criminal Charges Dismissal
  • Pretrial Supervision

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
April 01, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarification of dismissal timelines for targeted misdemeanors and gross misdemeanors."
      ],
      "removed": [
        "Specific municipal requirements for dismissal timelines."
      ],
      "summary": "This bill modifies the process for dismissal of criminal charges under section 611.45.",
      "modified": [
        "Timelines for dismissal in felony cases extended under certain conditions."
      ]
    },
    "citation": "611.45",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Implementation of forensic navigator monitoring."
      ],
      "removed": [
        "Previous provisions regarding monitoring limitations."
      ],
      "summary": "This bill modifies supervision requirements under section 611.46.",
      "modified": [
        "Clarification on supervisory roles and limitations."
      ]
    },
    "citation": "611.46",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "Inclusion of bridge plan development upon competency failure."
      ],
      "removed": [],
      "summary": "This section updates procedural requirements for competency determination under section 611.49.",
      "modified": [
        "Changes to the dismissal process based on probability assessments."
      ]
    },
    "citation": "611.49",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "Expanded timeframe for review hearings and competency exams."
      ],
      "removed": [],
      "summary": "Adjustments to continued supervision and monitoring processes under section 611.49.",
      "modified": [
        "Conditions under which monitoring may be extended or concluded."
      ]
    },
    "citation": "611.49",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "More detailed responsibilities for forensic navigators."
      ],
      "removed": [],
      "summary": "This bill refines the duties of forensic navigators under section 611.55.",
      "modified": [
        "Clarification on reporting duties and limits on authority."
      ]
    },
    "citation": "611.55",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "New member qualifications specified."
      ],
      "removed": [],
      "summary": "This amendment addresses the establishment and membership requirements of the Minnesota Competency Attainment Board under section 611.56.",
      "modified": [
        "Clarification of board member roles and term requirements."
      ]
    },
    "citation": "611.56",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "More detailed certification procedures developed in consultation with advisory committee."
      ],
      "removed": [],
      "summary": "Updates to the availability and certification process for competency attainment services under section 611.59.",
      "modified": [
        "Ongoing service provision and resource allocation specified."
      ]
    },
    "citation": "611.59",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill implicitly references definitions used for crimes of violence in section 624.712.",
      "modified": [
        "Retains existing definitions without modification."
      ]
    },
    "citation": "624.712",
    "subdivision": "subdivision 5"
  }
]