This bill amends the current law regarding the competency of defendants to stand trial, specifically addressing class B misdemeanor and violation-level offenses. It allows for the dismissal of charges when a defendant is found not competent to stand trial without the need for restoration, provided that the charges are solely for violations or class B misdemeanors, excluding those involving acts of violence or specific serious misdemeanors. The court may dismiss these charges at its discretion, considering the best interests of the defendant, the public, and any alleged victims. The bill also stipulates that if a defendant is deemed not competent and there is no reasonable likelihood of restoration within 12 months, the case must be dismissed without prejudice.

The bill introduces new legal language to RSA 135:17-a, allowing the court to dismiss cases under certain conditions and outlines the process for such dismissals. It specifies that a motion to dismiss can be initiated by the prosecution, the defendant, or the court, and includes provisions for evaluating the defendant's dangerousness if charges are dismissed. The effective date for this act is set for January 1, 2026. Overall, the bill aims to streamline the competency restoration process and reduce the burden on the judicial system for minor offenses.

Statutes affected:
Introduced: 135:17-a