Bill No.: HB0004                  Drafter:  JHR

LSO No.:  10LSO-0055              Effective Date:  7/1/2010

Enrolled Act No.:  HEA0004

Chapter No.:       13

Prime Sponsor:     Select Committee on Mental Health and Substance Abuse Services

Catch Title:       Criminal procedure-time limits for competency evaluations.

Subject:  Amends the time period for completion of competency evaluations of nonadjudicated defendants as specified.

Summary/Major Elements:

· Under current law, a person accused of a crime, who may not be competent to stand trial, may be held for a mental evaluation for an indefinite time until the person is restored to competency.

· This bill:

o Requires the evaluator to provide a full report within 90 days, with an extension of another 90 days if the report is only a summary of progress to restoring competency;

o Specifies the information which must be provided in the reports;

o Requires the court to hold a hearing upon receipt of the full report to determine the accused's potential restoration with respect to fitness to proceed and specifies what actions the court may order, depending on its findings regarding fitness to proceed;

o Requires the prosecuting and defense attorneys to cooperate in providing relevant information to the designated examiner;

o Authorizes the court to order the release of records as necessary.