2025 Session Last amended: 2023 session

§ 611.40 — Applicability

Plain-Language Summary

Sections 611.40 through 611.59 set the rules for deciding whether an adult defendant is mentally competent to stand trial in criminal court. These sections replace the older court rules on competency. They do not apply to juvenile courts. Any competency examination ordered under the Rules of Criminal Procedure must follow the procedures in section 611.43.

611.40 APPLICABILITY.

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.

History:

2022 c 99 art 1 s 26; 2023 c 52 art 1 s 14

History: History: 2022 c 99 art 1 s 26; 2023 c 52 art 1 s 14

Practical Notes

If there is a question about whether a defendant can understand their criminal case and help their lawyer, these sections control the process. This is a significant area of law that affects defendants with mental illness or cognitive impairments. The competency procedures apply only to adults; juvenile courts have separate rules.

Source: Minnesota Office of the Revisor of Statutes