HB 2581 Summary

• Establishes new procedures for committing defendants found incompetent to stand trial and unlikely to regain competency within 21 months to secure state mental health facilities if they are determined to be dangerous.

• Adds "dangerous" as a defined term (likely to commit homicide, sexually violent offense, or cause serious physical injury due to mental illness) and creates a new commitment process requiring clear and convincing evidence before commitment.

• Creates Title 36, Chapter 40 establishing the legal framework for treatment, conditional release to less restrictive alternatives, and discharge procedures for committed incompetent persons, including biannual examinations and court reviews.

• Allows committed incompetent persons to petition annually for conditional release to less restrictive alternatives or discharge without facility approval, with the state bearing the burden of proving continued dangerousness by clear and convincing evidence.

• Provides time credit against prison sentences for persons found competent to stand trial after commitment to secure mental health facilities for the time spent under facility jurisdiction.