Minnesota task force's interim report finds incompetent defendants in state facilities have more than doubled since 2013
The Community Competency Restoration Task Force, convened by the Department of Human Services, filed an interim report with the Legislature in February 2020. It reported that from 2016 through 2018 courts found defendants incompetent in 1,471 felony, 487 gross misdemeanor and 1,256 misdemeanor charges, with the misdemeanors all dismissed under court rules. Hennepin County had the most cases in 2018 at 524, followed by Ramsey at 286, while Cass, Goodhue and Polk counties ranked high per capita.
The report said the number of people in state facilities who are incompetent to stand trial had more than doubled since 2013 with no increase in capacity, and that only about a third of those found incompetent end up civilly committed, leaving a group of gap cases. It also noted that examiners struggle to meet the 60-day Rule 20 exam deadline and that a prescreening pilot in the Sixth Judicial District cut Rule 20.01 orders by 25 percent between 2017 and 2018.
The task force listed five areas to study further, including prevention and diversion, clarifying state and county roles, process improvements, funding for community restoration and outcome measures, with final recommendations due in 2021.
Source: Community Competency Restoration Task Force Interim Legislative Report — Minnesota Department of Human Services, by Minnesota Department of Human Services, Behavioral Health Division and Direct Care and Treatment
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