Streamlining competency evaluation and competency restoration procedures.
Summary
Provides that one expert or professional person (rather than two) be appointed to evaluate the competency or insanity of a criminal defendant, unless the defendant is charged with aggravated murder.
Requires the court to order that a competency or insanity evaluation take place in the community or in a jail or detention facility and permits a defendant to be evaluated at a state hospital facility upon a determination of the evaluator.
Removes the requirement that a competency report include an opinion regarding future dangerousness, and provides that for a felony defendant, the competency report after the first 90-day restoration period must include an evidence-based assessment of the defendant's future dangerousness.
Delays the effective date of some provisions of 2010 legislation that expanded the factors that may be considered for detaining and committing persons under the Involuntary Treatment Act.
From the Substitute House Bill Analysis 2011 (SSB 5114), written by the Legislature's nonpartisan staff. Read the full report ↗
Did not passDid not pass · passed Senate, stalled in House