The Mental Health and Community Wellness Act aims to amend current laws regarding the competency of defendants to stand trial and establish a pilot program for community-based correctional facilities that focus on mental health and substance abuse treatment. Key amendments include the requirement for prosecutors to file for civil confinement of defendants found incompetent to stand trial who are charged with felony or violent misdemeanor offenses. The bill introduces new definitions related to mental health, such as "person with a mental illness subject to court order," and modifies existing terminology by replacing "mental health and addiction services" with "behavioral health." It also outlines procedures for evaluating a defendant's competency, ensuring legal representation during hearings, and clarifying municipal court responsibilities.

Furthermore, the bill establishes a framework for regular evaluations of defendants' competency, mandates treatment for those deemed incompetent with a substantial probability of regaining competency, and specifies conditions for outpatient competency restoration treatment. It emphasizes public safety and the availability of supportive services when determining treatment settings. The bill also introduces significant changes regarding civil commitment, requiring affidavits for defendants charged with certain offenses and prohibiting discharge if such affidavits are filed. Overall, the amendments aim to balance the need for appropriate mental health treatment with public safety and legal accountability, while also streamlining the legal process related to competency determinations.

Statutes affected:
As Introduced: 2945.37, 2945.38, 2945.39, 2945.401