Senate Bill No. 1089 revises the laws concerning the determination of competency for individuals in criminal proceedings. It clarifies the definition of "competency" to mean a person's ability to understand the charges against them and assist in their defense. The bill establishes procedures for courts to conduct competency proceedings, ensuring that if a person is found competent, criminal proceedings will resume. If an individual is deemed incompetent but can achieve competency with treatment, the court is required to order the Department of Mental Health and Substance Abuse Services to provide necessary treatment. Additionally, the bill introduces provisions for civil commitment if a person is found incompetent and unable to achieve competency within a reasonable timeframe. Key insertions include stipulations that any refusal of prescribed medication will not count towards the reasonable period for competency restoration and mandates a hearing within thirty days after the expiration of that period.

Furthermore, the bill amends laws related to the treatment and discharge of individuals with mental health issues, particularly those with intellectual disabilities or other specified conditions. It introduces new definitions and clarifications, such as defining individuals with intellectual disabilities according to existing statutes and outlining criteria for discharging individuals from facilities, which emphasizes the need for a discharge plan. The Department of Mental Health and Substance Abuse Services is given new responsibilities, including evaluating competency for individuals committed after criminal charges are dismissed and notifying relevant parties before discharge. The bill also allows for objections to discharge from the prosecuting agency, which must be resolved through a court hearing. Other amendments clarify terms related to treatment and the responsibilities of law enforcement in managing individuals in facilities. The act is set to take effect on November 1, 2025.

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