Medical cannabis; administration to terminally ill patients; report. Directs the Department of Health to promulgate regulations specifying that hospital staff may store, dispense, and administer cannabis oil when a patient has valid certification and exempts such staff from criminal penalties for possession of cannabis oil. The bill directs the Department of Health to convene a work group to discuss the implementation process for providing cannabis products to patients in medical care facilities and report on its discussion to the Chairs of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2026. This bill incorporates HB 486. This bill is identical to SB 332.
Payment of costs when proceedings deferred and defendant placed on probation. Provides that for any deferral entered into on or after July 1, 2026, pursuant to relevant law, the court shall not require the defendant to pay such costs or other fees imposed pursuant to relevant law as a term or condition of his deferral. The bill states that upon fulfillment of all other terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case. The bill specifies that such costs and other fees shall remain due until paid, and all methods of payment and collection already available at law to satisfy or collect any outstanding costs or other fees shall remain available to such court after the underlying case against the defendant has been adjudicated or dismissed.
Jurisdiction of district courts in felony cases; specialty dockets; Behavioral Health Docket Act. Authorizes a general district court and a juvenile and domestic relations district court to retain jurisdiction over a felony offense for the purpose of allowing the accused to complete a specialty docket or behavioral health docket established pursuant to relevant law. Current law only explicitly provides such courts with the ability to certify felony charges to the circuit court or dismiss such charges after a preliminary hearing to determine if probable cause exists for such charges.
Reporting requirements of state, regional, and local correctional facilities; pregnant and postpartum inmates. Requires the warden or other official in charge of a state correctional facility that houses women prisoners to compile a monthly summary and the sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, to compile a quarterly summary of all of the following and submit such summary to the Director of the Department of Corrections or State Board of Local and Regional Jails, as applicable: (i) the number of prisoners known to be pregnant in the facility, (ii) the number of prisoners in postpartum recovery in the facility, (iii) the number of women prisoners in the facility, (iv) the total number of prisoners in the facility, (v) the number of deaths of prisoners known to be pregnant in the facility, and (vi) the number of deaths of prisoners in postpartum recovery in the facility. The bill also requires such summary to be submitted to the Maternal Mortality Review Team and the Chairs of the House and Senate Committees for Courts of Justice. Lastly, the bill requires the sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, to compile a quarterly summary of all written reports received pursuant to relevant law regarding use of restraints on any prisoner known to be pregnant or any prisoner who is in postpartum recovery and any body cavity search of a pregnant prisoner and submit such summary to the Board each quarter.
Comprehensive crisis system; Marcus alert system; Department of Behavioral Health and Developmental Services; comprehensive mental health, substance abuse, and developmental disability crisis services; written plan. Allows the Department of Behavioral Health and Developmental Services, in collaboration with the Department of Criminal Justice Services, to amend the written plan created pursuant to relevant law after the publication of such written plan, provided that (i) the stakeholders listed in relevant law are consulted during the development of any new language to be added to such written plan and (ii) a public comment period of no less than 30 days is held prior to the finalization of such written plan. The bill also provides that the written plan shall serve as the operational framework for relevant components of the comprehensive crisis system and the Marcus alert system and that state agencies and local implementing partners shall align their policies, procedures, and operations on an ongoing basis with the requirements and guidance set forth in the written plan, as amended. As introduced, this bill was a recommendation of the Behavioral Health Commission. This bill is identical to HB 453.
Victims of sex trafficking; minors; immunity to prosecution for prostitution. Provides that no minor shall be subject to arrest or prosecution for a qualifying offense, defined in relevant law, if at the time of the offense leading to such charge, such minor was a victim of sex trafficking, defined in relevant law. The bill also provides that such minor shall be referred to the local department of social services for a human trafficking or other assessment pursuant to relevant law and a law-enforcement officer or the local department of social services may take custody of such minor. Lastly, the bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the minor arrested was immune from prosecution.
Department of Juvenile Justice; limiting room or cell confinement for minors committed to a juvenile correctional facility; report. Directs the Department of Juvenile Justice, in collaboration with relevant stakeholders, to establish clear standards to maximize the amount of time that a minor committed to a juvenile correctional facility spends out of the confinement of his room or cell. The bill directs the Department to study and consider the benefits to minors of limiting such confinement and the impact of such benefits on factors such as the safety of the facility and successful reentry into the community, and, in considering and studying such benefits, to develop a minimum number of hours per day that minors committed to a juvenile correctional facility shall spend out of the confinement of their rooms or cells. The bill directs the Department to report on certain data collected after developing and implementing such standards and other related training and programming to the Commission on Youth and the Chairs of the Senate Committee on Rehabilitation and Social Services and the House Committees on Health and Human Services and Public Safety by November 1, 2026. As introduced, this bill was a recommendation of the Commission on Youth.
Comprehensive crisis system; Marcus alert system; Department of Behavioral Health and Developmental Services; comprehensive mental health, substance abuse, and developmental disability crisis services; written plan. Allows the Department of Behavioral Health and Developmental Services, in collaboration with the Department of Criminal Justice Services, to amend the written plan created pursuant to relevant law after the publication of such written plan, provided that (i) the stakeholders listed in relevant law are consulted during the development of any new language to be added to such written plan and (ii) a public comment period of no less than 30 days is held prior to the finalization of such written plan. The bill also provides that the written plan shall serve as the operational framework for relevant components of the comprehensive crisis system and the Marcus alert system and that state agencies and local implementing partners shall align their policies, procedures, and operations on an ongoing basis with the requirements and guidance set forth in the written plan, as amended. As introduced, this bill was a recommendation of the Behavioral Health Commission. This bill is identical to SB 513.
Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to SB 335.
Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to SB 416.