No. HB 1005
Filed under Criminal Justice.
Determination of Mental Conditions in Judicial Proceedings; Provides for petitions for involuntary admission to residential services of persons with neurocognitive disorders; provides that forensic clients with neurocognitive disorder have certain rights; authorizes appointment of certain clinical social workers or mental health counselors as experts to evaluate defendants for mental competence to proceed; limits such appointment to evaluations of mental competence to proceed; defines "neurocognitive disorder"; provides for appointment of experts to evaluate mental condition of defendants whose suspected mental condition is neurocognitive disorder; provides for determination of whether defendant whose suspected mental condition is neurocognitive disorder is mentally competent to proceed; provides for training of such defendant in certain circumstances; provides for involuntary commitment of certain defendants determined to be incompetent to proceed due to neurocognitive disorder; provides for retention of jurisdiction over certain defendants found incompetent to proceed & ordered into forensic facility for defendants who have intellectual disabilities, autism, or neurocognitive disorders; provides for dismissal of charges without prejudice when defendant is found incompetent to proceed due to neurocognitive disorder; provides for conditional release, in certain circumstances, of defendant who is incompetent to proceed due to neurocognitive disorder; requires certain juvenile delinquency procedures for children who are incompetent to proceed because of neurocognitive disorder.
Plain English Summary
AI-GENERATEDThe bill adds neurocognitive disorders to existing legal frameworks for intellectual disabilities and autism. This change applies to both civil and criminal proceedings. It subjects individuals with these conditions to new state interventions.
In criminal cases, defendants with neurocognitive disorders may be involuntarily committed for training. If they remain incompetent, their charges must be dismissed without prejudice. Courts may also order conditional release based on community training plans.
In civil cases, individuals with neurocognitive disorders may be involuntarily admitted to residential services. This expands the scope of forced placement beyond the previous categories of disabilities. The state may now intervene in these specific medical conditions.
For juvenile cases, courts must order state examinations to determine competency. Children found incompetent due to neurocognitive disorders may be committed to secure facilities. This ensures they receive treatment or training in the least restrictive setting.
AIExpands the scope of involuntary civil commitment to include individuals with neurocognitive disorders, subjecting them to the same forced residential placement procedures as those with intellectual disabilities or autism.
AILegally defines neurocognitive disorder as a decrease in mental function due to a medical condition other than mental illness, explicitly including traumatic brain injury, dementia, and Alzheimer's disease.
AIPermits the involuntary commitment of defendants found incompetent to proceed due to a neurocognitive disorder for training, provided the court finds a substantial likelihood of serious harm and that training will restore competency.
AICharges against a defendant found incompetent to proceed due to a neurocognitive disorder must be dismissed without prejudice if the defendant remains incompetent within a reasonable time not exceeding two years, unless the court specifies reasons for believing the defendant will become competent.
AIThe committing court may order a conditional release of a defendant found incompetent to proceed due to a neurocognitive disorder based on an approved plan for providing community-based training, expanding the release option beyond intellectual disability and autism.
AIFor incompetency evaluations related to a neurocognitive disorder, the court must order the Agency for Persons with Disabilities to examine the child to determine if the child meets the definition of neurocognitive disorder and whether the child is competent to proceed.
AIA child adjudicated incompetent to proceed due to a neurocognitive disorder who meets specific safety criteria must be committed to the Department of Children and Families for treatment or training in a secure facility or program that is the least restrictive.
AIAllows chief judges to appoint clinical social workers or mental health counselors as forensic experts to evaluate defendants' competence to proceed, provided they meet specific training and experience requirements.