HI SB2888

Separates forensic mental health examinations for fitness to proceed from examinations to determine penal responsibility in felony cases, unless the court orders a combined examination upon defendant request or showing of good cause.

Requires one qualified examiner for defendants charged with nonfelonies and three qualified examiners (at least one psychiatrist and one licensed psychologist) for felony defendants, except for murder, attempted murder, or class A felony cases which require three examiners.

Establishes procedures for reevaluating defendants found unfit to proceed, requiring one examiner for most cases and three examiners for murder, attempted murder, or class A felony charges.

Limits penal responsibility examination reports to include clinical diagnosis, capacity to appreciate wrongfulness of conduct, and risk assessment, while fitness to proceed reports focus only on defendant's capacity to understand proceedings and assist in defense.

Creates new section 704-406 procedures allowing courts to order reevaluation when defendant has reason to regain fitness, with examination timelines and specific report requirements for restoration cases.