Present law provides that a person may be judicially committed to involuntary care and treatment in the custody of the commissioner of intellectual and developmental disabilities in proceedings conducted in conformity with judicial procedures for residential treatment if, and only if, the following criteria is met:
(1) The person has an intellectual disability;
(2) The person poses a substantial likelihood of serious harm because of the intellectual disability;
(3) The person needs care, training, or treatment because of the intellectual disability;
(4) All available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person; and
(5) The district attorney general files a complaint to require involuntary care and treatment
This bill adds to the present law by clarifying that the district attorney general is not required to file a complaint to require involuntary care and treatment for a person who is found incompetent to stand trial due to intellectual disability in order to commit the person pursuant to present law. If a person is declared incompetent to stand trial for a criminal offense based on intellectual disability, then the court must determine whether the person is subject to involuntary care and treatment at the hearing in which the person is declared incompetent.
ON APRIL 10, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1969, AS AMENDED.
AMENDMENT #1 adds to the provision requiring that if a person is declared incompetent to stand trial for a criminal offense based on intellectual disability, then the court must determine whether the person is subject to involuntary care and treatment at the hearing in which the person is declared incompetent by requiring two certificates of need have been submitted to the court. If no such certificates of need have been submitted prior to the hearing in which the person is declared incompetent, then the court must direct the department to conduct an evaluation to determine if the person meets the criteria for involuntary care and treatment. If the court subsequently receives two certificates of need, then the court must conduct a hearing to determine if the person must be committed to the custody of the department.

Statutes affected:
Introduced: 33-5-403