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2019 SESSION

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SB 1231 Defendants; disposition of unrestorably incompetent, capital murder.

Introduced by: Adam P. Ebbin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Incompetent defendants; capital murder. Provides that when a defendant charged with capital murder is determined to be unrestorably incompetent, the court may order that the defendant receive continued treatment to restore competency provided that hearings be held at yearly intervals for five years and at biennial intervals thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court that the defendant's competency has been restored. Under current law, hearings are held every six months for an incompetent defendant receiving treatment to restore competency. The bill also provides that no unrestorably incompetent defendant charged with capital murder shall be released except pursuant to a court order.

SUMMARY AS INTRODUCED:

Incompetent defendants; capital murder. Provides that when a defendant charged with capital murder is determined to be unrestorably incompetent, the court may order that the defendant receive medically appropriate treatment rather than treatment designed to restore competency. The bill requires that hearings be held upon the request of such defendant or his counsel at yearly intervals for five years and no more than biennially thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court that the defendant's competency has been restored. Under current law, hearings are held every six months for an incompetent defendant receiving treatment to restore competency. The bill also provides that no unrestorably incompetent defendant charged with capital murder shall be released except pursuant to a court order.