Hundreds of Minnesotans deemed incompetent to stand trial on criminal charges are instead living in society with minimal support — a gap that a bipartisan group of legislators is trying to close.
Incompetent to stand trial, yet living in Minnesota with little supervision
State legislators try to address "competency restoration" gaps for hundreds of Minnesotans.
March 12, 2022 at 8:00PM
Two pending bills would create a "competency restoration" process for those unable to fully understand charges filed against them, often because they have a mental illness or cognitive impairment.
"Of all of the many public safety threats facing our state, this is a huge loophole," said state Sen. Jim Abeler, R-Anoka, in a statement last week. "My question is, who oversees these individuals and their competency restoration? This must be resolved for families to feel safe in their communities."
The bills follow recommendations by a task force designed to study the issue, as well as years of work by the Minnesota County Attorneys Association. The legislation would set up procedures to assess competency for trial and supervision for those found incompetent. It would also create forensic navigator positions to serve as bridges between the mental health and legal systems in each judicial district.
The National Alliance on Mental Illness in Minnesota supports the legislation, adding that the state's existing gaps are costing "money, justice and safety."
The bills received their first Senate hearings last week. Hearings on bipartisan companion bills are also expected in the House.
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