The bill proposes the establishment of procedures for evaluating defendants in detention centers or state prisons when mental health issues are a concern in criminal proceedings. It introduces new sections that allow for examinations to determine a defendant's fitness to proceed, which can be conducted in detention centers or state prisons that meet specific requirements. The Department of Public Health and Human Services is tasked with adopting rules to ensure these facilities can adequately conduct mental health evaluations, including considerations for segregation from the general population, transportation to behavioral health facilities, and the provision of necessary care and security during the examination process.

Additionally, the bill amends existing laws regarding the examination of defendants, clarifying the qualifications required for mental health professionals conducting these evaluations and allowing for examinations to take place in detention centers or state prisons that comply with the new regulations. It also outlines the financial responsibilities for the costs associated with these examinations, depending on who requests them. The bill is set to take effect on October 1, 2025.

Statutes affected:
LC Text: 7-32-2222, 46-14-202
HB0236_1(1): 7-32-2222, 46-14-202
HB0236_1(2): 7-32-2222, 46-14-202
HB0236_1(3): 7-32-2222, 46-14-202
HB0236_1(4): 7-32-2222, 46-14-202
HB0236_1: 7-32-2222, 46-14-202