Minnesota Legislature
Competency hearings could be combined into one
A group of court assessments may be able to be done jointly.
Sponsored by Rep. Debra Hilstrom (DFL-Brooklyn Center) and Sen. Julianne Ortman (R-Chanhassen), HF1557/SF685* would require that when a court orders competency, mental illness or deficiency, and civil commitment examinations they could be combined when recommended by an examiner.
It was passed 130-0 Wednesday by the House. Passed 58-0 by the Senate last year, the bill now awaits gubernatorial action.
“Currently, someone needs to go through a competency exam to find out if they’re competent to stand trial, and then after there would be an exam to find out if they were criminally responsible. This bill would allow that process to happen at the same time,” Hilstrom said. “That does two things. One, it speeds up the process, and, two, it makes the person who currently is not entitled to a lawyer during the competency period eligible for a lawyer during that time.”
Hilstrom emphasized the only time this dual tracking would occur is when the prosecutor and defense attorney believe it is in the best interest of the person.
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