1. MCAA PROPOSED LEGISLATION
TREATING INCOMPETENT DEFENDANTS

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

3. PROCESS Invited guest speakers Researched other states
Reviewed best practices literature

4. 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”

5. MN’S HISTORY TREATING INCOMPETENT DEFENDANTS
STATUTORY- Minn Stat
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REPEALED 1979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”

6. 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)

7. 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

8. 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

9. 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

10. 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