H.B. 2359 Summary

• Separates forensic mental health evaluations for fitness to proceed from evaluations for penal responsibility, unless the defendant requests a combined evaluation or good cause is shown.

• Requires fitness to proceed examinations to be conducted by three qualified examiners (including at least one psychiatrist and one psychologist) in felony cases and one examiner in nonfelony cases, with reports focusing only on the defendant's current capacity to understand proceedings and assist in defense.

• Establishes a new section 704-‐ for penal responsibility evaluations to be ordered separately within 30 days after a finding of fitness, requiring three examiners in felony cases and one in nonfelony cases.

• Modifies procedures for reevaluation of defendants found unfit to proceed after participating in fitness restoration services, requiring three-examiner panels for murder, attempted murder, and class A felony charges, with courts able to order continued detention for good cause.

• Effective July 1, 2070.