ST. PAUL – Legislation Rep. Jordan Rasmusson, R-Fergus Falls, co-authored to improve public safety and advance mental health outcomes in our state by reforming competency laws recently passed the Minnesota House.
Rasmusson said the bill (H.F. 2725) aims to reduce “gap cases” in the state’s criminal justice system that have been the subject of numerous investigative reports. A person charged with a crime may be deemed not competent to stand trial, but also may not meet civil commitment standards. Rasmusson said this can result in perpetrators being released back into communities with little treatment or supervision, posing risks to the public. At least two such cases in recent years have resulted in local victims, he said.
Rasmusson said the House proposal would improve state law related to competency restoration to better ensure people deemed incompetent to stand trial receive treatment they need.
“The bill we passed ensures defendants who are found incompetent to stand trial receive treatment that is necessary for them to be restored to competency,” Rasmusson said. “We cannot let any more people slip through the cracks and pose danger to others. This subject hits close to home in our district and I worked with Otter Tail County Attorney Michelle Eldien on this issue.”
Specifically, the bill codifies and expands Minnesota Court Rule 20. It outlines the court process for a competency determination which involves a competency motion and an appointment of a forensic navigator followed by a competency hearing. Then a court examiner conducts an examination and submits a report to the court. The prosecutor or defense counsel may object to the report and finally the court will rule on the defendant’s competency.
When there is a finding of incompetency and the defendant is entitled to release, the court must determine if the defendant requires pretrial supervision. Rasmusson said the court must weigh public safety risks versus the defendant’s presumption of innocence and remaining free while awaiting criminal proceedings.
The language was the culmination of comprehensive work conducted by a 25-member task force encompassing a wide variety of public and private stakeholders the Legislature established in 2019.
The bill passed the House 102-31and now awaits action in the Senate.
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