When a defendant is found mentally competent to stand trial after treatment, the facility director must file a certificate with the court and discharge the defendant, who then becomes subject to outpatient supervision laws. The court must hold a hearing to confirm the competency finding, and if confirmed by a preponderance of the evidence, must immediately discharge the defendant from the facility and set a trial date. This bill clarifies the discharge process and ensures defendants have a court hearing to verify restored competency before trial proceeds.
This bill does not directly amend codified state law.
Signed by the Governor S.J. 472
Delivered to the Governor S.J. 409
Signed by the Speaker H.J. 446
Signed by the President S.J. 372
House of Representatives Do Pass Passed, YEAS 67, NAYS 2.
Judiciary Certified uncontested, placed on consent H.J. 9
Judiciary Do Pass Passed, YEAS 13, NAYS 0. H.J. 9
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 180
Senate Do Pass Passed, YEAS 34, NAYS 0. S.J. 137
Judiciary Certified uncontested, placed on consent
Judiciary Do Pass Passed, YEAS 6, NAYS 0.
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 67
David Wheeler
Prime sponsor · Sen.
R
Mike Stevens
Prime sponsor · Rep.
R
Cosponsors
Judiciary — Do Pass
Judiciary — Do Pass