Restoration to competency of a defendant (suggested as remedial legislation by the Department of Health Services)

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, if a court has reason to doubt the competency of a defendant in a criminal case, the court may order the defendant to be examined to determine if the defendant is competent. If the examiner finds the defendant incompetent, the examiner's report must include the examiner's opinion as to the likelihood that the defendant will become competent, with treatment, within 12 months (or, if the maximum sentence for the most serious charged offense is shorter than 12 months, within the maximum sentence) and as to whether the defendant's treatment should occur in an inpatient facility, in a jail or locked part of a facility, or as a condition of bail or bond. If the court finds the defendant incompetent the proceedings are suspended. If the court also finds that the defendant will become competent, with treatment, in a certain time frame, the court must commit the defendant to the custody of the Department of Health Services (DHS). The statutes require DHS to determine whether the treatment should occur in a designated location or as a condition of bail or bond. This bill eliminates the option that treatment occur as a condition of bail or bond because, once proceedings are suspended when the person is committed for treatment, bail or bond is not an option. This bill also provides an alternative process for placing a person to an inpatient setting if the person is not appropriate for outpatient treatment.

For further information, see the Notes provided by the Law Revision Committee of the Joint Legislative Council.

Who's behind it

Law Revision Committee is its author⁠.