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Psychological Services Communication Archive Detail
Examiner Updates and Reminders

Posted: Monday, April 1, 2024

Minnesota Statutes §§ 611.40 – 611.59
During the 2022 Legislative session, several statutes were passed and originally set to take effect on July 1, 2023. The Competency Attainment legislation was later given an effective date of April 1, 2024. Please direct your attention to Minnesota Statutes Sections 611.40 through 611.59. Competency Proceedings available here:  https://www.revisor.mn.gov/statutes/cite/611
 
As outlined in Minnesota Statutes § 611.40:
 
Notwithstanding Rules of Criminal Procedure, rule 20.01, sections 611.40 to 611.59 shall govern the proceedings for adults when competency to stand trial is at issue. This section does not apply to juvenile courts. A competency examination ordered under Rules of Criminal Procedure, rule 20.04, must follow the procedure in section 611.43.
 
Note, the new legislation purports to supersede Rule 20 of the Minnesota Rules of Criminal Procedure. The Supreme Court referred this to the Advisory Committee on Rules of Criminal Procedure which submitted its report on December 15, 2023. The Supreme Court issued an order establishing a public comment period which ends April 29, 2024, and orders a public hearing to be held on the committee’s report on June 13, 2024.

Supreme Court ADM10-8049 Order regarding Rule 20 
 
Please review Minnesota Statutes Sections 611.40 – 611.59 for changes, including but not limited to:
 
  • Examiner report due date
  • Contents of the examiner’s report
  • Administration of medication
  • Competency Attainment programming
  • Forensic Navigators
 
As a result of the new legislation, the Rule 20 Examiner Report templates are no longer adequate. The State Court Administrator’s Office (SCAO) will be revising report templates in the coming months and will be seeking examiner feedback prior to publishing the updated versions.
 
Minnesota Competency Attainment Board
The Minnesota Competency Attainment Board is a new agency that is charged with creating and administering a statewide, independent competency attainment system as required by Minn. Stat. 611.40 through 611.59, effective April 1, 2024. The Competency Attainment Board is responsible for certifying competency attainment programs and assigning Forensic Navigators, when appointed by the Court, to support individuals in the competency process.
 
The Competency Attainment Board is still in a development phase and planning for a “soft launch” in response their statutory duties and responsibilities. 

Fast Facts - Minnesota Competency Attainment Board
 
Extreme Risk Protection Order (ERPO)
Effective January 1, 2024, Minnesota law allows a family or household member, a chief law enforcement officer, a city or county attorney, or a guardian to request an Extreme Risk Protection Order (ERPO) from the court, which prohibits a respondent from purchasing or possessing a firearm. The new ERPO law includes the following:
 
When a mental health professional has a statutory duty to warn another of a client’s serious threat of physically violent behavior or determines that a client presents a significant risk of suicide by possessing a firearm, the mental health professional must communicate the threat or risk to the sheriff of the county where the client resides and make a recommendation to the sheriff regarding the client’s fitness to possess firearms. Minnesota Statutes Sections 624.7171, Subd., 5.
 
Please contact your licensing board if you have questions regarding your obligation as mental health professional. You can also find information regarding Extreme Risk Protection Orders on the Minnesota Judicial Branch website: https://www.mncourts.gov/Help-Topics/Firearms.aspx or on the Department of Public Safety website. 
 
Zoom Guidance
Our court practices, including the delivery of forensic examinations, have changed significantly in response to the COVID-19 pandemic. The Psychological Services Programs has identified several efficiencies that are the result of utilizing video conferencing technology for examinations.  As outlined in court appointment orders, all examinations shall be conducted using a video conferencing technology, unless it is determined by the court-appointed examiner that it would be detrimental to the defendant’s health, would interfere with the interview process, or use of remote technology is unnecessary.
 
As with any technology, there are best practices to ensure once a remote exam has concluded, the video conferencing platform cannot be used for other purposes. Update your meeting settings accordingly.

Best Practices - Remote Examiners and Zoom Outbound Calls
 
MCRO
Minnesota Court Records Online (MCRO) is an online application that provides public access to Minnesota state district court records and documents.  There are a number of Minnesota district court case types that are non-public, based on Minnesota court rules or statutes, and are not available in MCRO.  However, through MCRO, you can conduct broad or specific searches to access court case records and documents:
 
  • Case Search allows users to search for court cases by person name, business name, attorney name, case number, citation number, or attorney bar number.  It also provides access to the Case Details (Register of Actions) and the public documents available online in each case.
  • Document Search allows users to search by case number to find public documents in court cases available online. 
  • Hearing Search allows users to access information on hearings scheduled in a court case.
  • Judgment Search allows users to search by debtor name for judgment details, including any satisfactions for docketed money judgments.
 
There are limitations on what is returned in these search results, such as a name search limitation that only returns criminal cases if a conviction has been entered in the case. For more information, please see our website: https://publicaccess.courts.state.mn.us/.
 
Legislative Proposals
On January 17, 2024, Jeff Shorba, State Court Administrator, shared with rostered examiners the Judicial Branch’s supplemental budget request for the 2024 Legislative Session. As part of the Branch’s supplemental budget request, the Branch has asked the legislature to allocate $14.575 million in annual funding to meet the increased demand for psychological examinations in criminal and civil commitment cases, address the current deficit in the Psychological Services Program, and increase payment rates for contract examiners. We are requesting funding to support an increase of up to $100.00 per hour above the current policy rate, adjusted based on projected volume to ensure we stay within the Branch’s legislative appropriation.
 
Additionally, the Psychological Services Program is proposing changes to the statutory language defining a court examiner. Modifying the current statute would allow the Courts to utilize examiners authorized to practice telepsychology under the Psychology Interjurisdictional Compact (PSYPACT).
 
The Judicial Branch supplemental budget is contained in Senate File 4271 and House File 3872. The bill has been heard by funding committees in both the House and Senate and is currently awaiting possible inclusion in an omnibus spending bill. The House and Senate are expected to advance their supplemental budget bills by April 19, 2024.
 
FY24 Wrap Up
A reminder that we will begin communicating invoicing deadlines as we approach the fiscal year end on June 30, 2024. You will be required to complete your annual Certification by June 30, 2024, and submit your biannual continuing education requirements in your Examiner Resource Application (ERA) Profile to remain on the Roster.  Please be sure watch your email for additional information.
 
Psychological/Psychiatric Services Program
We are working to establish improvements in the delivery of mandated forensic examinations in the courts to ensure quality, timeliness, and cost predictability. ​Our current initiative is reviewing statewide policies and procedures that impact district courts and enable the Branch to meet the increasing need for psychological and psychiatric examinations. We plan to engage examiners in feedback groups, as we develop examiner performance measure and exam quality standards. We are also evaluating ways to more efficiently provide examiners with prior Rule 20 examinations when conducting a forensic evaluation. 
 
If you have questions, please feel free to reach out via the Psych Examiner Services email.
 
Thank you all for the important work you do in our judicial system.
 
Tanya Wenning
Psychological/Psychiatric Services Program Coordinator