HF5085

Purpose

• Clarify the Minnesota Competency Attainment Board’s (MCAB) role as a public employer.
• Make policy changes to MCAB processes and governance.
• Create protections and procedures around MCAB records and activities.
• Expand and formalize the availability of forensic navigator services for defendants deemed incompetent to stand trial.
• Align MCAB operations with state statutes related to competency attainment and public records.

Key definitions and scope (who is affected)

• Public employer: The state of Minnesota, University of Minnesota, state court system, public defense, Hennepin Healthcare System, and the Minnesota Competency Attainment Board, for their employees. Also applies to governing bodies with final budget authority for their employees, with some limits.
• Public employer for MCAB purposes includes MCAB’s own staff and the organizations listed above; charitable hospitals are generally not public employers, except for specific sections noted in the bill.
• Forensic navigator: A key role within the MCAB program that helps prevent and divert people with mental illness or cognitive impairments from entering or remaining in the criminal justice system.

Main provisions

• Public employer status and labor relations (Sec. 1–2)

  • MCAB is designated as a public employer for its employees.
  • MCAB employees must be included in labor relations processes and may be part of employee negotiations.
  • When multiple government units work together on a project or form a new agency, the governing board of the created agency leads, and the agreement governs employment terms.

• MCAB employee units and negotiations (Sec. 2–3)

  • MCAB must meet and negotiate with the exclusive representative of the forensic navigator unit.
  • The program administrator (or designee) must represent MCAB in all negotiations with exclusive representatives.
  • MCAB is authorized to enter into labor agreements with exclusive representatives.

• Forensic navigator services (Sec. 4)

  • The MCAB must provide or contract enough forensic navigator services to meet the needs of adult defendants in each judicial district who are found incompetent to proceed, within available resources.

• Board establishment, composition, and governance (Sec. 5)

  • The MCAB is established in the judicial branch, but not subject to the judiciary’s administrative control.
  • The board has seven members: three appointed by the supreme court (one defense attorney, one county attorney, one public member) and four appointed by the governor (one of whom must be a mental health professional with competency attainment experience).
  • Active judges cannot be board members (retired judges may be appointed).
  • Members must show commitment to a high-quality, independent forensic navigator program and to rigorous certification processes.
  • At least three members should come from outside the First, Second, Fourth, and Tenth Judicial Districts.
  • Terms, compensation, and removal follow existing statutes; the board elects a chair for a two-year term.

• Duties and responsibilities of the board (Sec. 6)

  • Create and run a statewide, independent competency attainment system that certifies competency attainment programs and uses forensic navigators to promote prevention and diversion of people with mental illness or cognitive impairments from entering the legal system.
  • Approve and recommend a budget for the MCAB and the forensic navigator program; determine how funding is distributed; set standards, policies, procedures, and rules for the navigator program consistent with law and court rules.
  • Establish certification requirements for competency attainment programs.
  • Carry out the programs under related sections (611.57–611.59) and adopt rules for operation, administration, and access to records.
  • May adopt further standards, policies, or procedures to ensure quality assistance; may establish district navigator offices and propose statutory or rule changes to improve program effectiveness.

• Access to records and immunity (Sec. 7)

  • Access to MCAB records is governed by the Rules of Public Access for Records of the Judicial Branch.
  • The board and its employees are immune from civil liability for actions related to providing access to records, except in cases of willful or malicious conduct.

Significant changes to existing law

• Public employer status expanded to include MCAB employees, creating a formal relationship with labor and employment processes.
• Formal recognition of the MCAB as a standalone, statewide board within the judicial branch, with specified governance structure and independence from judiciary administration.
• Introduction of a dedicated, statewide forensic navigator system with defined duties, certification standards, and budgeting responsibilities.
• Labor negotiation changes requiring MCAB to engage with an exclusive representative for the forensic navigator unit and clarifying representation roles for MCAB negotiators.
• Clear requirement to ensure access to forensic navigator services throughout all judicial districts, subject to resources.
• Explicit immunity for the board and its staff related to record access, balancing transparency with protection against civil liability.

Implications and potential impacts

• For defendants and the system: More consistent and potentially expanded availability of forensic navigator services across districts; a formal framework for competency attainment and diversion.
• For MCAB operations: A defined, formal labor relations structure; a governance model that includes a broader mix of appointees and outside-the-district representation; standardized certification and program rules.
• For public records and accountability: Clear public access requirements with protective immunity for routine record access activities.

Relevant terms

• Minnesota Competency Attainment Board (MCAB)
• public employer
• forensic navigator
• competency attainment
• competency to stand trial
• exclusive representative
• defender attorney
• county attorney
• mental health professional
• district (Judicial Districts)
• certification requirements
• statewide independent system
• budget and funding
• district forensic navigator offices
• access to records
• immunity
• charitable hospital (except for specific sections)

Relevant Terms - Minnesota Competency Attainment Board - forensic navigator - public employer - competency attainment - competency to stand trial - exclusive representative - district - budget - certification - access to records - immunity - judicial branch