SB 457 Summary

• Establishes comprehensive procedures for determining whether children in delinquency proceedings are competent to understand charges and assist in their own defense, considering developmental disability, developmental immaturity, intellectual disability, or mental illness.

• Creates a rebuttable presumption that children age 13 and older without identified mental or developmental conditions are competent, with burden of proof on the moving party to challenge competency.

• Requires credentialed forensic evaluators (licensed psychologists, psychiatrists, or physicians with specialized training) to conduct competency evaluations within 30 days, with court-ordered evaluations conducted in the least-restrictive environment.

• Establishes time limits for competency attainment services: 6 months maximum for misdemeanor-level charges and 12 months maximum for felony-level charges, with the court dismissing charges without prejudice if competency cannot be achieved within these periods.

• Prohibits statements made during competency evaluations from being used against the child on guilt or responsibility issues in subsequent proceedings, and allows civil actions to proceed based on the same conduct even if delinquency charges are dismissed.

• Effective January 1, 2016.