The bill mandates the establishment of a locked secure forensic facility by July 1, 2029, under the Secretary of Human Services, aimed at evaluating, treating, and restoring competency for individuals found not competent to stand trial or not guilty by reason of insanity for serious crimes. The Department of Corrections will not operate or staff this facility, although its employees may provide security if the facility is located on correctional grounds. The bill outlines specific criteria for placing individuals in the facility, including those charged with life-sentence offenses and those deemed a substantial risk to others. It also details procedures for competency evaluations, treatment, and potential release, emphasizing ongoing monitoring and compliance with treatment plans.

Additionally, the bill introduces significant amendments to the legal framework surrounding competency restoration, requiring the Agency of Human Services Medical Director to obtain prior court approval for any competency restoration plan involving involuntary medication. The court can only approve such medication if it is deemed medically appropriate and necessary. The bill also allows for independent evaluations of competency and includes provisions for the dismissal of misdemeanor charges if an individual remains incompetent for a specified period. Furthermore, it establishes a framework for the treatment and release of individuals found not guilty by reason of insanity, ensuring public safety while balancing the rights of individuals with mental health conditions. The Secretary of Human Services is tasked with submitting a feasibility plan for the facility's development by January 15, 2027, ensuring it operates independently from correctional facilities.

Statutes affected:
As Introduced: 13-4817
As Passed By the Senate -- Official: 13-4817, 13-4826
As Passed By the Senate -- Unofficial: 13-4817, 13-4826
As Passed by Both House and Senate -- Official: 13-4817, 13-4826, 18-7257
As Passed by Both House and Senate -- Unofficial: 13-4817, 18-7257
As Enacted: 13-4817, 18-7257