HB 1620 Summary

• Creates a criminal justice diversion program for defendants charged with petty misdemeanors not involving violence, requiring courts to divert them from prosecution if they lack fitness to proceed rather than maintaining criminal proceedings.

• Establishes expedited fitness determination procedures for petty misdemeanor cases, requiring court-appointed examiners to file reports within two days and hearings to be held within two days of report filing.

• Authorizes courts to enter into agreements with prosecutors and defendants at any stage of proceedings to divert cases into mental health treatment, evaluation, or specialized courts when a defendant's physical or mental condition becomes a case issue.

• Modifies examiner appointment requirements for felony cases to allow flexibility in appointing psychiatrists, licensed psychologists, or qualified physicians rather than mandating specific professional composition.

• Removes the 30-day time limit for ordering penal responsibility evaluations in felony cases and requires the judiciary to report to the legislature on the Act's effectiveness in 2021, 2022, and 2023.