This bill addresses the commitment of individuals in relation to civil, criminal, and juvenile proceedings.
This bill:
- defines terms;
- amends provisions relating to the rights and privileges to which an individual is entitled when under commitment to the custody or to the treatment services of a local mental health authority;
- provides when there is a conflict in the opinions of forensic evaluators, if a party seeks an additional competency evaluation then that party is responsible for selecting the evaluator and paying the cost of the evaluator;
- amends provisions and clarifies the process regarding the release from a secured setting of a defendant determined to be incompetent to proceed;
- clarifies when the Department of Health and Human Services is required to provide an updated juvenile competency evaluation after an attainment period; and
- makes technical and conforming changes.
Statutes affected: Introduced: 26B-5-301, 26B-5-310, 26B-5-322, 26B-5-362, 26B-5-371, 77-15-5, 77-15-6, 77-19-203, 77-29-3, 80-6-403