HB 1005 Summary

• Jails must screen all defendants booked on misdemeanor charges within 24 hours using a validated mental health screening instrument to identify mental health disorders

• If screening indicates potential Baker Act criteria eligibility, an authorized professional must evaluate the defendant and issue a professional certificate; the judge must then sign a transport order requiring transport to a designated receiving facility within 48 hours

• Defendants meeting Baker Act criteria may be committed civilly for involuntary inpatient or outpatient mental health treatment instead of criminal prosecution for nonviolent misdemeanors

• Defendants with qualifying mental health diagnoses (schizophrenia spectrum, bipolar disorder, major depression, PTSD, and others) may participate voluntarily in mental health diversion programs; successful completion may result in charge dismissal or referral to mental health court

• At any stage of proceedings, if competency concerns arise due to mental illness, judges must order assessment and may toll speedy trial; defendants must complete a full mental health assessment at a treatment center within 48 hours