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2023 SESSION

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SB 931 Unrestorably incompetent defendant; disposition procedures, acts of violence.

Introduced by: Ghazala F. Hashmi | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Disposition of unrestorably incompetent defendant; acts of violence. Provides that the same disposition procedures currently in place for an unrestorably incompetent defendant charged with aggravated murder shall also apply to an unrestorably incompetent defendant charged with an act of violence, which include procedures providing that such charge shall not be dismissed and that the court may order that the defendant receive continued treatment to restore competency, provided that (i) 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; (ii) the defendant remains incompetent; (iii) the court finds continued treatment to be medically appropriate; and (iv) the defendant presents a danger to himself or others. Under current law, if a defendant charged with an act of violence is found to be unrestorably incompetent, the court shall order that he be (a) released, (b) involuntarily committed, (c) certified as eligible for admission to a training center, or if applicable (d) screened for civil commitment of sexually violent predators.


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