The proposed bill, SB1597, establishes specific eligibility criteria for individuals to enter mental health courts and outlines procedures for diverting criminal cases for those found mentally incompetent. Key eligibility requirements include being at least 18 years old, experiencing a severe mental illness as defined by the latest diagnostic manual, not being clinically stabilized in ongoing treatment, and demonstrating a need for supervision or support to prevent serious harm. The bill also allows for proceedings to be initiated in the county of residence, the county where the individual is found, or where criminal proceedings are taking place, with provisions for transferring cases if the individual consents.

Additionally, the bill mandates that if a defendant is found mentally incompetent, the trial or hearing on misdemeanor charges must be suspended, and a hearing to determine eligibility for diversion must occur within 30 days. If the defendant successfully completes the diversion program, the charges will be dismissed. The bill also emphasizes that defendants in mental health courts must receive treatment in a facility rather than jail, and it establishes a system for crediting time served during diversion. Overall, the bill aims to create a more structured and supportive approach for individuals with mental health issues within the criminal justice system.

Statutes affected:
Introduced Version: 22-603, 22-604