Senate Bill 19-223 Summary

• Establishes comprehensive procedures for competency evaluations in criminal proceedings, defining key terms like "competent to proceed," "collateral materials," "in-custody," "inpatient," and "outpatient," and creating tiered defendant classifications (Tier 1 and Tier 2).

• Prioritizes outpatient, out-of-custody competency evaluations with specific timeframes (21 days for in-custody, 42 days for out-of-custody evaluations) and requires courts to transmit collateral materials within 24 hours of ordering evaluations.

• Limits confinement duration for incompetent defendants to the maximum sentence for the single most serious offense minus 50 percent, with mandatory court reviews every 91 days initially, then every 63 days after the fourth review, and automatic case dismissal if restoration is unlikely.

• Requires automatic dismissal of charges after 6 months (misdemeanors), 1 year (Class 5-6 felonies), or 2 years (other felonies) if defendant remains incompetent, with provisions for civil commitment proceedings as alternatives.

• Appropriates $8.1 million for fiscal year 2019-20 to support competency evaluation infrastructure, forensic evaluator training, placement guidelines, and court liaison positions to coordinate restoration services.