(at the request of Chief Justice Martha L. Walters for Judicial Department for Senate Bill 24 Implementation Work Group)
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Bill Title:
Relating to fitness to proceed; declaring an emergency.
Catchline/Summary:
Defines terms related to fitness to proceed. Defines terms related to fitness to proceed. Reorganizes and restructures statutes related to fitness to proceed.
Modifies procedures and criteria for committing defendant charged with felony to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires court to find that defendant requires hospital level of care due to public safety concerns or acuity of symptoms of defendant's mental disorder, and that appropriate community restoration services are not provided.
Modifies procedures and criteria for committing defendant charged with misdemeanor to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires either recommendation from certified evaluator that defendant requires hospital level of care and statement from community mental health program director concerning available community restoration services, or for court to make certain findings concerning severity of defendant's symptoms, present] public safety concerns and whether appropriate community restoration services are provided.
Modifies procedures when circumstances authorizing commitment of defendant no longer exist. Provides that if defendant is charged with felony, superintendent of state mental hospital or director of facility to which defendant is committed may notify court when hospital level of care is no longer necessary. Authorizes community mental health program director to notify court if community restoration services become available for committed defendant charged with felony or misdemeanor.
Declares emergency, effective on passage.
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