The bill amends the Mental Health Code by modifying sections 1034 and 1044 to clarify the conditions under which orders related to defendants deemed incompetent to stand trial are effective. Specifically, it stipulates that such orders must only remain in effect for a maximum of 15 months after the defendant's admission for treatment or one-third of the maximum sentence for the charges, whichever is lesser. Additionally, the bill mandates that the court must notify relevant parties when charges are dismissed or when an order is voided before its stated time period has elapsed.

Furthermore, the bill outlines the circumstances under which charges against a defendant determined incompetent to stand trial must be dismissed. Charges must be dismissed if the prosecutor indicates an intention not to prosecute or after 15 months from the date of the defendant's incompetency determination or treatment admission. It also establishes that if charges are dismissed, they cannot be refiled unless specific conditions are met, including a determination of the defendant's competency to stand trial after a hearing. The amendments aim to streamline the legal process for defendants with mental health issues while ensuring their rights are protected.

Statutes affected:
House Introduced Bill: 330.2034, 330.2044