ON APRIL 22, 2025, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 1177, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:  Revises the provision generally requiring misdemeanor charges pending at the time of an incompetency determination to be retired no later than 11 months and 29 days after the date of arrest when the misdemeanor charge or charges have not otherwise been disposed of to instead, require such charges to be retired no later than two years after the date of arrest when they have not been disposed of.  Adds that when a defendant whose charges were so retired is released into the community, the chief officer must (i) notify the court of the defendant's discharge and (ii) provide the court and the sheriff with an outpatient treatment plan that accounts for the safety of the community.  Removes the provision requiring a reporting obligation under present law to cease at the point that misdemeanor charges are retired for defendants with no other charges and, instead, provides that if a defendant is charged with a misdemeanor offense and remains hospitalized two years after the date of arrest, then the reporting obligation must continue until the defendant is discharged. AMENDMENT #2 increases from 11 months and 29 days to two years from the date of arrest the time within which misdemeanor charges against a defendant who has been found incompetent must be retired unless the defendant is restored to competency. This amendment adds to present law that, when a defendant whose misdemeanor charges were retired due to a finding of incompetency is released into the community, the chief officer is required to: (1) Notify the court of the defendant's discharge; and (i2 Provide the court and the sheriff with an outpatient treatment plan that accounts for the safety of the community.

Statutes affected:
Introduced: 33-7-301(d), 33-7-301, 52-6-102(e)(2), 52-6-102