The proposed bill seeks to improve the legal processes surrounding the assessment of a defendant's competency to stand trial, introducing several key amendments to existing laws. It requires competency evaluation reports to include a qualified professional's opinion on the defendant's understanding of legal proceedings and their ability to assist in their defense. The bill also mandates community-based competency restoration for non-dangerous defendants and expands the criteria for involuntary commitment. Courts are empowered to advise district attorneys to consider involuntary commitment or assisted outpatient treatment upon the dismissal of a criminal case. Additionally, the bill establishes timelines for competency hearings and outlines the responsibilities of the Department of Health regarding the treatment of defendants deemed incompetent.

Further amendments clarify the procedures for handling cases involving defendants found not competent to stand trial. The bill stipulates that if there is not a substantial probability of restoring competency within nine months, the court may hold a criminal commitment hearing or dismiss the case. It also mandates that significant changes in a defendant's condition must be reported to the court, with hearings occurring at least every two years. The bill allows for involuntary commitment proceedings to be initiated by the Department of Health or district attorneys at any time, even post-dismissal, and expands the list of individuals eligible to file petitions for assisted outpatient treatment. Overall, these changes aim to ensure appropriate treatment for defendants while maintaining public safety and adhering to legal standards.

Statutes affected:
introduced version: 31-9-1.2, 31-9-1.3, 31-9-1.4, 31-9-1.5, 31-9-1.6, 31-9-2, 43-1B-4