Bill H.544 proposes to enhance the rights of crime victims in the context of discharge proceedings for individuals found incompetent to stand trial due to mental illness. The bill mandates that at least 10 days prior to the proposed discharge of such individuals, the Commissioner of Mental Health must notify the committing court and the State's Attorney. Notably, the bill introduces provisions allowing victims to request a court hearing to assess the appropriateness of the pending discharge. This hearing must occur within 10 days of the request, and the discharge will be stayed until the hearing concludes.
Additionally, the bill amends existing laws to ensure that victims are informed of any pending discharges and have the opportunity to submit a victim impact statement. The new legal language inserted into the law clarifies the process for notifying victims and the conditions under which they can request a hearing regarding the discharge. The bill is set to take effect upon passage, reinforcing the importance of victim involvement in mental health discharge proceedings.
Statutes affected: As Introduced: 13-4822, 18-8847