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A bill for an act
relating to crime; clarifying the Minnesota Competency Attainment Board's role
as a public employer; making certain policy changes to Minnesota Competency
Attainment Board processes; providing immunity from civil liability; amending
Minnesota Statutes 2024, sections 179A.03, subdivision 15; 611.55, subdivision
2; 611.56, subdivisions 2, 7; Minnesota Statutes 2025 Supplement, section 611.56,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 179A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 179A.03, subdivision 15, is amended to read:
Subd. 15.
Public employer or employer.
(a) "Public employer" or "employer" means:
(1) the state of Minnesota for employees of the state not otherwise provided for in this
subdivision or section
179A.10
for executive branch employees;
(2) the Board of Regents of the University of Minnesota for its employees;
(3) the state court administrator for court employees;
(4) the state Board of Public Defense for its employees;
(5) Hennepin Healthcare System, Inc.;
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and
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(6) the Minnesota Competency Attainment Board for its employees; and
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(6)
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(7)
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notwithstanding any other law to the contrary, the governing body of a political
subdivision or its agency or instrumentality which has final budgetary approval authority
for its employees. However, the views of elected appointing authorities who have standing
to initiate interest arbitration, and who are responsible for the selection, direction, discipline,
and discharge of individual employees shall be considered by the employer in the course
of the discharge of rights and duties under sections
179A.01
to
179A.25
.
(b) When two or more units of government subject to sections
179A.01
to
179A.25
undertake a project or form a new agency under law authorizing common or joint action,
the employer is the governing person or board of the created agency. The governing official
or body of the cooperating governmental units shall be bound by an agreement entered into
by the created agency according to sections
179A.01
to
179A.25
.
(c) "Public employer" or "employer" does not include a "charitable hospital" as defined
in section
179.35, subdivision 2
, except that a charitable hospital as defined by section
179.35, subdivision 2
, is a public employer for purposes of sections
179A.051
,
179A.052
,
and
179A.13
.
(d) Nothing in this subdivision diminishes the authority granted pursuant to law to an
appointing authority with respect to the selection, direction, discipline, or discharge of an
individual employee if this action is consistent with general procedures and standards relating
to selection, direction, discipline, or discharge which are the subject of an agreement entered
into under sections
179A.01
to
179A.25
.
Sec. 2.
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[179A.105] MINNESOTA COMPETENCY ATTAINMENT BOARD.
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Subdivision 1.
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Employee units.
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The Minnesota Competency Attainment Board must
meet and negotiate with the exclusive representative of the forensic navigator unit.
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Subd. 2.
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Exclusions.
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The following employees are excluded from the appropriate
statewide unit under subdivision 1:
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(1) the position of program administrator;
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(2) positions of all confidential, managerial, and supervisory employees; and
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(3) positions of all employees in the administrative office.
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Sec. 3.
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[179A.227] MINNESOTA COMPETENCY ATTAINMENT BOARD
EMPLOYEES; NEGOTIATIONS.
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Subdivision 1.
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Program administrator; duties.
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In all negotiations between the
Minnesota Competency Attainment Board and exclusive representatives, the board must
be represented by the program administrator or the program administrator's designee or
designees.
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Subd. 2.
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Agreements.
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The Minnesota Competency Attainment Board is authorized to
enter into agreements with exclusive representatives.
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Sec. 4.
Minnesota Statutes 2024, section 611.55, subdivision 2, is amended to read:
Subd. 2.
Availability of forensic navigator services.
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Within available resources,
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the
board must provide
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or contract for
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enough forensic navigator services to meet the needs of
adult defendants in each judicial district who are found incompetent to proceed.
Sec. 5.
Minnesota Statutes 2025 Supplement, section 611.56, subdivision 1, is amended
to read:
Subdivision 1.
Establishment; membership.
(a) The Minnesota Competency Attainment
Board is established in the judicial branch. The board is not subject to the administrative
control of the judiciary. The board shall consist of seven members, including:
(1) three members appointed by the supreme court, at least one of whom must be a
defense attorney, one a county attorney, and one public member; and
(2) four members appointed by the governor, at least one of whom must be a mental
health professional with experience in competency attainment.
(b) The appointing authorities may not appoint an active judge to be a member of the
board, but may appoint a retired judge.
(c) All members must demonstrate an interest in maintaining a high quality, independent
forensic navigator program and a thorough process for certification of competency attainment
programs. Members shall be familiar with the Minnesota Rules of Criminal Procedure,
particularly rule
20
; chapter 253B; and sections
611.40
to
611.59
.
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At least three members
of
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The board
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shall
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should include members who
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live outside the
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First, Second, Fourth, and
Tenth Judicial Districts
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metropolitan counties as defined in section 473.121, subdivision 4
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.
The terms, compensation, and removal of members shall be as provided in section
15.0575
.
The members shall elect the chair from among the membership for a term of two years.
Sec. 6.
Minnesota Statutes 2024, section 611.56, subdivision 2, is amended to read:
Subd. 2.
Duties and responsibilities.
(a) The board shall create and administer a
statewide, independent competency attainment system that certifies competency attainment
programs and uses forensic navigators to promote prevention and diversion of people with
mental illnesses and cognitive impairments from entering the legal system, support defendants
with mental illness and cognitive impairments, support defendants in the competency process,
and assist courts and partners in coordinating competency attainment services.
(b) The board shall:
(1) approve and recommend to the legislature a budget for the board and the forensic
navigator program;
(2) establish procedures for distribution of funding under this section to the forensic
navigator program;
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and
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(3) establish forensic navigator standards, administrative policies, procedures, and rules
consistent with statute, rules of court, and laws that affect a forensic navigator's work;
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(4) establish certification requirements for competency attainment programs; and
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(5) carry out the programs under sections
611.57
,
611.58
, and
611.59
.
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(3) adopt standards, policies, procedures, and rules that determine the operation and
administration of the Minnesota Competency Attainment Board, including:
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(i) section 611.55, forensic navigator services;
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(ii) sections 611.57, certification advisory committee; 611.58, competency attainment
curriculum and certification; and 611.59, competency attainment programs; and
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(iii) access to records.
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(c) The board may:
(1) adopt standards, policies, or procedures necessary to ensure quality assistance for
defendants found incompetent to stand trial and charged with a felony, gross misdemeanor,
or targeted misdemeanor, or for defendants found incompetent to stand trial who have
recurring incidents;
(2) establish district forensic navigator offices as provided in subdivision 4; and
(3) propose statutory changes to the legislature
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and rule changes to the supreme court
that would facilitate the effective operation of the forensic navigator program
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.
Sec. 7.
Minnesota Statutes 2024, section 611.56, subdivision 7, is amended to read:
Subd. 7.
Access to records
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; immunity
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.
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Access to records of the board is subject to the
Rules of Public Access for Records of the Judicial Branch. The board may propose
amendments for supreme court consideration
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Absent willful or malicious conduct, the board
and its employees are immune from civil liability for conduct related to providing access
under this section
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.