Rule 20.01 - Competency ProceedingsSubd. 1.Repealed September 20, 2024, eff. November 1, 2024Subd. 2.Repealed September 20, 2024, eff. November 1, 2024Subd. 3.Competency Issue Raised.(a) If the prosecutor, defense counsel, or the court, at any time before or after conviction, doubts the defendant's competency to proceed, the prosecutor or defense counsel must make a competency motion under Minn. Stat. § 611.42, or the court on its initiative must raise the issue. The defendant's consent is not required. If the defendant is without counsel, the court must appoint counsel for the defendant.(b) If the court determines that there is a reasonable basis to doubt the defendant's competency and there is probable cause for the charge(s), the court must suspend the criminal proceedings and proceed as provided in Minn. Stat. ch. 611 governing Competency Proceedings.(c) 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, including Minn. R. Crim. P. 6.02.(d) 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.(e) If the court finds by a preponderance of the evidence that a defendant is presently incompetent in proceedings occurring after conviction, including but not limited to probation violation proceedings, the court must suspend the proceedings and proceed under the provisions of Minn. Stat. ch. 611 governing Competency Proceedings, except that the conviction is not required to be vacated and the case is not required to be dismissed based on the finding of present incompetency.Subd. 4.Examination and Report.(a) Competency Examination.(1) If a competency examination cannot be done on an outpatient basis, the court may order the defendant confined in a state hospital or other suitable facility for up to 60 days to complete the examination.(2) If the prosecutor or defense counsel has retained a qualified examiner, the court, on request, must allow the qualified examiner to observe the examination and examine the defendant.(3) Upon appointment of an examiner and without need of a court order, the court must provide the examiner a copy of the filed report of any prior competency, Rule 20.02, or civil commitment examination of the defendant. The court shall order known providers of care to the defendant to release records to the examiner via the method used in the providers' jurisdiction for records sharing. Examiners may request additional records as needed to complete the examination.(4) If a defendant is entitled to release, the court must order the defendant to appear for an examination. If the defendant fails to appear for an examination, the court may amend the conditions of release and bail in accordance with Minn. R. Crim. P. 6.02 to require the defendant to appear for an examination, or order the defendant held for purposes of conducting the examination in accordance with the standard applied under Minn. Stat. § 253B.07, subd. 2b(a)(2).(5) The court may order that a defendant participate in a jail-based competency attainment program only after considering the requirements set forth in Minn. Stat. § 611.46, subds. 1 and 4.(b) Report of Examination.(1) If an examiner is unable to complete the written report by the due date, the examiner must file a written request for an extension. The court must provide a copy of the request to the parties.(2) The report must include the criteria found in Minn. Stat. § 611.43, subd. 2, and must state the factual basis for the diagnosis and opinions.(3) The court must promptly provide a copy of the report to the forensic navigator, prosecutor, and defense counsel. The court may order release of the report to other persons to assist in the defendant's treatment including but not limited to the defendant's mental health case managers, treatment providers, and supervising probation agents. The report must not be otherwise disclosed until the competency hearing. Once a competency finding is made, upon the request of a prosecutor or defense counsel, or on the court's own initiative, the court may order release of the competency report to jurisdictions where the defendant has criminal competency cases pending.Subd. 5.Competency Hearing Procedures.(a) Access to records. If competency is contested, upon the request of either party, the court may order the examiner to furnish to the parties all records reviewed by the examiner(s).(b) Hearing order. The party that requested the competency hearing must present evidence first.(c) Burden of Proof. The burden of proving competency by a preponderance of the evidence is on the party asserting that the defendant is competent.(d) Examiner testimony. Examiners may testify by remote means unless the court determines in-person testimony is necessary based on the facts and circumstances of the particular case.Subd. 6.Procedure After a Finding of Incompetency.If the defendant is found incompetent by a preponderance of the evidence, the court should comply with the procedures set forth in Minn Stat. § 611.46. If the defendant is not under civil commitment, the court may issue an order directing the designated agency in the county where the criminal case is filed to conduct prepetition screening pursuant to the Minnesota Commitment and Treatment Act to make a recommendation on whether the defendant should be civilly committed under the Act. The prepetition screening team must prepare and send a written report to the county attorney and social services agency for that county within five days. The county attorney must determine whether a commitment petition should be filed and may file the petition in the district court on behalf of the county attorney, the designated agency, or another interested person. By agreement between county attorneys, the prepetition screening and county attorney's functions described in this paragraph may be handled in the county of financial responsibility or the county where the defendant is present.
Amended June 28, 2018, effective 9/1/2018; amended effective 11/1/2024.