The bill amends existing laws concerning criminal competency procedures, emphasizing community-based competency restoration for non-dangerous defendants. It allows courts to recommend involuntary commitment or assisted outpatient treatment after a criminal case dismissal and expands the list of crimes eligible for commitment. A new crime of unlawful possession of a weapon conversion device is established, along with increased penalties for offenses such as automobile theft and making shooting threats. The bill also modifies warrant requirements for blood testing in suspected DUI cases and permits certain medical professionals to conduct blood draws for chemical tests. Key amendments include provisions for competency evaluations by qualified professionals and the establishment of community-based competency restoration programs, allowing defendants found incompetent but not dangerous to participate in these programs for up to ninety days.

Additionally, the bill outlines procedures for defendants deemed not competent to stand trial, specifying that if there is no substantial probability of restoration within nine months, the court may hold a commitment hearing or dismiss the case. It introduces new requirements for assessments and reports related to competency restoration, including an initial assessment, treatment plan, and evaluations of the defendant's progress. The bill also enhances penalties for trafficking fentanyl and revises laws regarding chemical blood tests, expanding the list of qualified individuals who can perform these tests and clarifying liability protections for them. Overall, the amendments aim to streamline the competency evaluation process while ensuring appropriate treatment for defendants and addressing public safety concerns.

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
JC substitute: 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, 30-16D-2, 30-16D-3, 30-20-16, 30-28-2, 66-8-104, 66-8-111, 66-8-111.1, 66-13-6, 66-13-7