The Irynas Law establishes a new framework for evaluating defendants who may need involuntary commitment for mental health treatment instead of pretrial detention. Prosecutors are empowered to file motions for mental health assessments if there is reasonable cause to believe a defendant poses a danger to themselves or others due to mental illness. The law specifies criteria for referrals to screening services, particularly for defendants who have been involuntarily committed within the last three years. If a defendant is found to require treatment, they may be committed to a secure psychiatric facility, while those not needing inpatient care will be temporarily detained in county jail for a risk assessment.

Additionally, the bill amends existing laws to introduce a new aggravating factor for sentencing related to offenses committed in public accommodations or on public transportation, thereby increasing the seriousness of such crimes. This amendment aims to enhance accountability and deter future incidents, inspired by the tragic case of Iryna Zarutska, a victim of violent crime linked to an individual with a history of mental illness. Overall, the Irynas Law seeks to improve the legal processes surrounding mental health evaluations in criminal proceedings while ensuring public safety and honoring the memory of Iryna Zarutska.

Statutes affected:
Introduced: 2A:162-16, 2A:162-17, 30:4-24.3