HB 5247 - Competency to Stand Trial

• Defendant is presumed competent and cannot be tried, convicted, or sentenced while incompetent, defined as inability to understand proceedings or assist in their own defense.

• Court may order examination by psychiatrists or clinical teams from the Department of Mental Health and Addiction Services to determine competency, with examination completed within 15 business days and report filed within 21 business days.

• If defendant is found incompetent but likely to regain competency within 18 months or the maximum sentence period (whichever is less), court orders placement for treatment on inpatient or outpatient basis.

• For certain serious crimes (Class A felonies, Class B felonies, sex offenses, and crimes causing death), if defendant cannot be rendered competent, court may order civil commitment to mental health facility instead of release.

• Court may order involuntary medication to restore competency if clear and convincing evidence shows it will work, less intrusive means are unavailable, and state's interest in prosecution outweighs defendant's liberty interests; health care guardian appointed to represent defendant's interests.