Jillian's Law mandates institutional commitment for individuals found not competent to stand trial, specifically when they are deemed dangerous to themselves or others. The bill amends N.J.S.2C:4-6 by requiring the court to commit such defendants to the custody of the Commissioner of Human Services for placement in an appropriate institution, eliminating the previous options of outpatient placement or release in these cases. If a defendant is not found to be dangerous, the court retains the authority to consider outpatient treatment or release. Additionally, the bill stipulates that no commitment shall exceed the time necessary to determine if the defendant could regain competence in the foreseeable future.

The legislation is a response to the tragic case of Jillian Ludwig, who was killed by a gunman previously found incompetent to stand trial and released. The bill aims to ensure that individuals who pose a danger due to their mental state are appropriately institutionalized, thereby enhancing public safety. It also maintains provisions for reviewing the status of defendants who have not regained fitness to proceed, allowing for the possibility of dismissing charges if they remain incompetent for an extended period.