The court may order a civil commitment examination under Minn. Stat. ch. 253B, or successor statute, a competency examination under Rule 20.01, and an examination under Rule 20.02 to all be conducted simultaneously.
Minn. R. Crim. P. 20.04
Rule 20.01, subd. 4(a), provides that the examiners may obtain and review any reports of prior examinations conducted under the rule. This includes prior reports conducted under both Rules 20.01 and 20.02. This express authorization, which was adopted in 2005, is intended merely to clarify the rule and not to change it.
No limitation exists for the time or number of hearings that may be held under Rule 20.01 to determine the defendant’s competency.
The definitions of mental illness and mental deficiency contained in Minn. Stat. ยง 611.026 and its judicial interpretations are not affected by these rules.
Rule 20.02, subd. 2, providing for the examination on a defense of mental illness or deficiency, is the same as Rule 20.01, subd. 4(a), governing the examination for competency to proceed.
Rule 20.02, subd. 8, addresses the constitutional requirements of equal protection and due process. No continuing supervision by the trial court exists in misdemeanor cases.
The prosecutor has the right to participate as a party in any civil proceedings being conducted under Minn. Stat. ch. 253B. The prosecutor could question and present witnesses and argue for the continued commitment of the defendant in the civil proceedings.
If the court orders simultaneous examinations under Rule 20.04, the examiner appointed must be qualified to provide a report for all necessary purposes.