HI SB2538

Courts may appoint either one or three qualified examiners to evaluate a defendant's fitness to proceed in felony cases, replacing the previous requirement to appoint three examiners.

Courts must base their decision to appoint one or three examiners on the severity and complexity of the defendant's physical or mental condition and whether multiple examinations are necessary.

For three-examiner panels in felony cases, at least one must be a psychiatrist and one a licensed psychologist, with one designated by the director of health.

For single-examiner appointments in felony or nonfelony cases, courts may appoint either a psychiatrist or licensed psychologist from the department of health's certified examiner list.

The Act becomes effective January 1, 2017, and consolidates examiner qualification provisions previously spread across multiple statutes.