Loading chat...
IN HB1389
Bill
Status
1/14/2015
Primary Sponsor
Wendy McNamara
Click for details
AI Summary
HB 1389 Summary
-
Defines "intellectual disability" as a disability characterized by significant limitations in intellectual functioning and adaptive behavior that originated before age 18.
-
Permits adults with intellectual disabilities to participate in pre-conviction and post-conviction forensic diversion programs for non-violent offenses, with program participation lasting up to 2-3 years depending on offense level.
-
Authorizes prosecuting attorneys to require mental health and addiction treatment as conditions of pretrial diversion programs and permits diversion and deferral fees to fund evidence-based mental health and addiction forensic treatment services to reduce recidivism.
-
Allows criminal courts to appoint community volunteer court appointed special advocates (CASAs) to assist persons with intellectual disabilities charged with criminal offenses, with CASAs receiving immunity from civil liability for good faith performance of duties.
-
Takes effect July 1, 2015.
Legislative Description
Crimes and persons with intellectual disabilities. Defines "intellectual disability" and permits a person with an intellectual disability to participate in a forensic diversion program. Authorizes a prosecuting attorney to require a person participating in a prosecutorial diversion program to receive mental health treatment to reduce recidivism, and permits diversion and deferral fees to be used to fund mental health treatment programs to reduce recidivism. Permits a criminal court to appoint a court appointed special advocate to assist a person with an intellectual disability who is charged with a criminal offense.
Last Action
First Reading: referred to Committee on Courts and Criminal Code
1/14/2015