This bill amends current law regarding the competency of defendants to stand trial for certain offenses, specifically class B misdemeanors and violations. It allows for the dismissal of charges without attempting restoration of competency if a defendant is found not competent to stand trial. The court may dismiss the case if it determines, by clear and convincing evidence, that there is no reasonable likelihood of restoring the defendant's competency within 12 months. Additionally, the bill introduces a new provision that permits the court to dismiss charges with prejudice for defendants charged solely with violation or class B misdemeanor offenses, excluding those involving acts of violence or specific serious misdemeanors.

The bill also outlines the process for dismissals, stating that motions can be made by the prosecution, the defendant, or the court, and that all dismissals will be at the court's discretion, considering the best interests of the defendant, the public, and any alleged victims. If charges are dismissed, the issue of the defendant's dangerousness may be raised, potentially leading to an evaluation for involuntary treatment. The act is set to take effect on January 1, 2026, and its fiscal impact on state and local governments is currently indeterminable, as it may affect judicial and correctional costs.

Statutes affected:
Introduced: 135:17-a