SC H4642

Creates new judicial procedures for defendants charged with serious offenses (Section 16-1-60) who are found incompetent to stand trial, allowing courts to retain jurisdiction if the defendant has mental illness, intellectual disability, or neurocognitive disorder and poses a likelihood of serious harm

Requires courts to find by clear and convincing evidence that the defendant committed the charged offense and poses a risk of serious harm before retaining jurisdiction over an incompetent defendant

Mandates commitment of mentally ill defendants to state hospitals under the Office of Mental Health for up to 120 days for examination, with subsequent hearings to determine continued hospitalization needs

Limits court jurisdiction retention to the maximum sentence for the crime committed, after which standard civil commitment proceedings may be initiated

Requires annual reports from treating professionals to the court on committed defendants' condition and continued need for treatment or supervision