Loading chat...
ID H0030
Bill
Status
4/4/2019
Primary Sponsor
Judiciary, Rules and Administration Committee
Click for details
AI Summary
-
Requires courts to appoint or designate a qualified psychiatrist or licensed psychologist to examine defendants when their fitness to proceed is in doubt, and to evaluate whether the defendant lacks capacity to make informed decisions about treatment.
-
Mandates the examiner determine the best examination location within three days and conduct the examination locally on an outpatient basis if practical.
-
Allows courts to order confinement to a jail, hospital, or suitable facility for up to thirty days if the examiner determines confinement is necessary for examination purposes.
-
Requires examiners to immediately notify the court if they suspect the defendant's alleged incompetency may result from developmental disability, triggering court appointment of an evaluation committee within two business days.
-
Defines "lack of capacity to make informed decisions about treatment" as the defendant's inability to achieve rudimentary understanding of treatment's purpose, nature, and significant risks and benefits after conscientious explanation efforts.
Legislative Description
Amends existing law to provide for the appointment or designation of an evaluation committee when a criminal defendant's alleged incompetency may be the result of a developmental disability.
CRIMES
Last Action
Reported Signed by Governor on April 4, 2019 Session Law Chapter 299 Effective: 07/01/2019
4/4/2019