S.B. 2033 Summary

• Creates a new criminal justice diversion program for defendants charged with misdemeanors or petty misdemeanors not involving violence who are found unfit to proceed, allowing the court to suspend proceedings and order a 7-day evaluation instead of commitment.

• Establishes a three-step process for unfit defendants: (1) assessment for involuntary hospitalization eligibility, (2) assisted community treatment orders if appropriate, or (3) referral to outpatient mental health programs with discharge from custody.

• Requires courts in nonfelony cases to appoint a court-based certified examiner when available, with expedited fitness reports filed within 2 days and hearings held within 2 days, streamlining the examination process.

• Modifies examiner qualifications and appointment requirements for both felony and nonfelony cases, allowing psychiatrists, licensed psychologists, or qualified physicians to be appointed with at least one from the Department of Health.

• Removes time limits on commitment for misdemeanor and petty misdemeanor cases not involving violence, instead routing defendants through the diversion program; effective July 1, 2050.