Regards the timeline for restoring competency in criminal cases
What changed between versions
Establishes specific competency restoration timeframes based on offense severity: 3 years for aggravated murder/murder, 1 year for first/second degree felonies, 6 months for other felonies, 60 days for first/second degree misdemeanors, and 30 days for minor misdemeanors.
Adds provisions for tolling the treatment clock when defendants refuse medication or lack capacity to consent, preventing time periods from expiring while defendants cannot participate in treatment.
Requires courts to consider the least restrictive alternative placement that balances public safety with treatment needs when committing defendants for competency restoration.
Mandates written reports from treatment providers to courts at specific intervals and when defendants show signs of regaining competency.
Requires prosecutors to be notified of defendant discharges, absences, or status changes, and gives prosecutors authority to re-indict if defendants are granted unsupervised movement.
Clarifies procedures for involuntary medication when defendants lack capacity to consent, including specific hearing timelines (5 days for misdemeanors, 10 days for felonies).
Clarifies that time spent in competency restoration counts toward criminal sentences when defendants are later convicted.