Judicial system ‘forensic navigators’ law clarified, receives extra funding

A new law establishes the State Competency Attainment Board and makes technical changes to the program it oversees – established in the 2021-22 legislative session – to protect the rights of someone charged with crime but found incompetent to stand trial.

In 2022, the Legislature established a statutory process for addressing situations where a person charged with a crime is found incompetent to proceed because the person lacks the ability to understand the criminal proceedings, the ability to consult with an attorney, or the ability to participate in the person’s defense.

The 2022 law appropriated $22.3 million beginning in the 2024-25 biennium to hire and oversee “forensic navigators” in the judicial branch whose duties are to include coordinating mental health services to criminal defendants deemed incompetent to stand trial.

This new law makes technical changes to the 2022 law to add clarity and consistency to the statutory language, including replacing the phrase competency “restoration” with competency “attainment” throughout the statutory language because some individuals found incompetent may not have had a prior period of competency, and therefore the term “attainment” is more accurate.

The new law also appropriates an additional $250,000 in fiscal year 2023 from the General Fund to the board.

Sponsored by Rep. Heather Edelson (DFL-Edina) and Sen. Rich Draheim (R-Madison Lake), the law took effect March 17, 2023.

HF121*/SF255/CH14

HF0121* / SF0255 / CH14