Senate Bill No. 1089 amends existing laws related to the determination of competency in criminal proceedings, refining the definitions of "competent" and "incompetent" to clarify the criteria for assessing an individual's understanding of legal charges and their ability to assist in their defense. The bill establishes procedures for courts to conduct competency proceedings, ensuring that criminal proceedings resume once competency is determined. It mandates the provision of competency restoration services and outlines civil commitment processes for individuals who cannot achieve competency within a reasonable timeframe. Importantly, the bill specifies that any time a defendant refuses prescribed medication for competency restoration will not count towards the reasonable period for such restoration.

Additionally, the bill addresses the treatment and discharge of individuals with mental health issues, particularly those with intellectual disabilities, seizure disorders, traumatic brain injuries, and homelessness. It introduces new definitions, clarifies discharge criteria, and emphasizes the necessity of a discharge plan for individuals transitioning from mental health facilities. The bill mandates ongoing competency restoration efforts for individuals committed after the dismissal of criminal charges and establishes notification processes for relevant parties prior to discharge, allowing for objections from prosecuting agencies. The effective date for these changes is set for November 1, 2025, and the amendments aim to enhance clarity and streamline the legal framework surrounding competency determinations and mental health treatment.

Statutes affected:
Committee Substitute: 22-1175.1
Floor (House): 22-1175.1
Floor (Senate): 22-1175.1
Engrossed: 22-1175.1
Enrolled (final version): 22-1175.1