Senate Bill 1089 Summary

• Establishes procedures for courts to conduct competency proceedings for defendants found incompetent due to mental illness, including suspension of criminal proceedings and ordering competency restoration services by the Department of Mental Health and Substance Abuse Services.

• Defines "reasonable period of time" for competency restoration as the lesser of the maximum sentence for the most serious charge or 2 years, with time excluded when a defendant refuses prescribed medication designed to restore competency.

• Requires the Department to make periodic competency reports to the court and conduct a hearing within 30 days after expiration of the reasonable period to determine if competency has been restored or if additional restoration services or civil commitment proceedings are needed.

• For persons committed civilly after criminal charges are dismissed due to incompetency, requires the Department to provide annual competency evaluations and notify the prosecuting agency 60 days before any discharge or transfer, allowing the prosecutor to object in court.

• Toll statute of limitations on dismissed criminal charges until the person is discharged from the Department pursuant to civil commitment, with appeals of discharge decisions reviewed on an expedited basis.