H1048 - Incapacity to Proceed Amendments

• Amends procedures for determining defendant capacity to proceed by requiring courts to obtain written reports within specified timeframes: 10-20 days for misdemeanors and 30 days for felonies, with allowable extensions up to 120 days total.

• Establishes that courts must dismiss charges when defendants lack capacity if they will not gain capacity, have served time equal to maximum sentence for the offense, or after 5 years (misdemeanor) or 10 years (felony) from incapacity determination.

• Requires defendants released from civil commitment to be examined for capacity to proceed before discharge and requires district attorney to calendar supplemental hearings within 30 days of notification that defendant has regained capacity.

• Mandates courts order release of confidential information to examiners including warrants, arrest records, criminal history, medical records, and school records after providing defendant notice and opportunity to be heard.

• Requires Commission for Mental Health to adopt rules by December 1, 2012, establishing training and continuing education requirements for forensic evaluators and guidelines for treatment plans designed to restore capacity to proceed.