MCAA PROPOSED LEGISLATION TREATING INCOMPETENT DEFENDANTS

MCAA RULE 20 WORK GROUP Assistant county attorneys- Statewide Prosecutors and Commitment attorneys Met monthly- 18 months

PROCESS Invited guest speakers Researched other states Reviewed best practices literature

COMPTENCE STANDARD Dusky v. U.S., 362 US 402 (1960) “The test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding- and whether he has a rational as well as factual understanding of the proceedings against him”

MN’S HISTORY TREATING INCOMPETENT DEFENDANTS STATUTORY- Minn Stat 631.18 AUTOMATIC PLACEMENT TO “state hospital for safe- keeping and treatment until he shall recover” REPEALED 1979 RATIONALE: no due process- no timelines- until he “shall recover”

AND ALONG CAME RULE 20… A Defendant is incompetent if he lacks the ability to: “rationally consult with counsel” or “Understand the proceedings or participate in the defense” (Adheres to Dusky standard)

IF INCOMPETENT REFERRED FOR CIVIL COMMITMENT Commitment Criteria vs. Competence Standard RESULT? Gap Cases (those who are incompetent but not committable) Misds dismissed; Tension between DHS and criminal court re: placement

HIGHLIGHTS OF PROPOSAL Automatic placement for treatment from criminal court DHS remains a partner if person cannot safely be treated in community Community-based options if lower risk Multidisciplinary team to assist judge with placement options

HIGHLIGHTS, CONT’D If competence is contested, hearing must be held within 14 days (right now, NO deadline) Individual is presumed competent Party that requests the hearing bears burden of persuasion and production Jarvis order may be sought

HIGHLIGHTS CONT’D 90 day Competence Re-evaluation Report If remains incompetent, re-evaluation every 6 months Civil commitment remains an option Information sharing authorized per statute