SB 715 Summary

• Courts shall set competency determination hearings as soon as practicable, but at least one (1) day after service of notice, and may examine applications and additional evidence to determine if facts raise doubt about defendant competency.

• Competency examinations may be performed by the Department of Mental Health and Substance Abuse Services or qualified forensic examiners designated by the Department, with outpatient examinations required prior to any inpatient evaluation.

• Courts shall order the Department of Mental Health and Substance Abuse Services to provide competency restoration services and may designate willing entities as alternatives, with persons remaining in county jail custody until a forensic bed becomes available unless the Department and jail agree otherwise.

• Courts may not commit incompetent persons to Department custody unless the person is requiring treatment as defined in Title 43A or is dangerous, and incompetent individuals may not be involuntarily committed to Department of Human Services legal custody.

• The Developmental Disabilities Services Division shall receive written notice and may have a psychologist or clinician participate in competency evaluations involving mental retardation or developmental disability.