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ID H0140

Bill

Status

Passed

4/5/2011

Primary Sponsor

Unknown

Origin

House of Representatives

2011 Regular Session

AI Summary

House Bill 140 Summary

  • Establishes procedures for competency examinations of juveniles in delinquency proceedings, including appointment of psychiatrists, psychologists, or evaluation committees within 2 business days of court order.

  • Defines juvenile competency as having sufficient ability to consult with counsel, rational understanding of proceedings, and capacity to assist in defense preparation.

  • Requires written competency reports within 30 days addressing cognitive functioning, adaptive functioning, clinical functioning, forensic comprehension, and effort; if incompetent, must include prognosis and restoration recommendations.

  • Mandates court hearing within 30 days of examiner report; if juvenile is incompetent but restorable within 6 months, court orders treatment plan with restoration review hearings every 90 days; if not restorable within 6 months, court dismisses charges and convenes screening team for alternative services.

  • Protects statements made during competency examination or restoration treatment from admission in delinquency or criminal proceedings, except for impeachment purposes or issues of ability to assist counsel and specific intent.

Legislative Description

Adds to existing law relating to the Juvenile Corrections Act to provide for a certain examination to determine competency to proceed, to provide for the appointment of psychiatrists, psychologists and evaluation committees, to provide for hospitalization and to require certain reports; to provide for a hearing to determine whether a juvenile is competent to proceed, to provide for the suspension of proceedings, to provide for certain court orders and to provide a process to restore competency to proceed; to require that certain reports be filed within specified time frames and to require a certain review hearing be held within a specified time frame; to provide that certain statements are not admissible in certain proceedings and to provide an exception.

JUVENILE CORRECTIONS ACT

Last Action

Governor signed Session Law Chapter 178 Effective: 07/01/11

4/5/2011

Committee Referrals

Judiciary, Rules and Administration2/11/2011

Full Bill Text

No bill text available