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DE HB344

Bill

Status

Enrolled

6/26/2014

Primary Sponsor

Michael Barbieri

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Origin

House of Representatives

147th General Assembly

AI Summary

  • Allows patients committed under "not guilty by reason of insanity" verdicts to petition for discharge or increased privileges at any time, eliminating the previous 1-year minimum waiting period.

  • Establishes detailed competency evaluation procedures for accused persons, requiring assessments of their ability to understand proceedings and instruct counsel, and allowing dismissal if competency restoration is deemed unachievable after 2 years.

  • Permits discharged patients subject to Superior Court oversight for 2 years to petition to terminate court supervision.

  • Streamlines petition procedures by clarifying that both patients and the Delaware Psychiatric Center Director can file petitions for discharge or program participation, with required judicial hearings and Attorney General notification.

  • Allows termination of competency restoration efforts by the Delaware Psychiatric Center after a minimum of 2 years if the court determines competency restoration is unlikely to succeed, resulting in dismissal of criminal charges.

Legislative Description

An Act To Amend Titles 11 And 16 Of The Delaware Code Relating To Crimes, Mental Health, And Criminal And Civil Procedure.

Last Action

Passed by Senate. Votes: Passed 17 YES 3 NO 1 NOT VOTING 0 ABSENT 0 VACANT

6/26/2014

Committee Referrals

Judiciary6/19/2014
Health & Human Development5/15/2014

Full Bill Text

No bill text available