SB 492

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.