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HB22-1061

Modifications To Not Guilty By Reason Of Insanity

Concerning modifications to not guilty by reason of insanity, and, in connection therewith, making an appropriation.
Session:
2022 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill requires the court to order an evaluation of a defendant found not guilty by reason of insanity to determine whether the defendant meets the criteria for inpatient hospitalization or if the defendant is eligible for conditional release in the community.No later than 10 days after receiving the evaluation, the court shall hold a hearing to determine whether to order inpatient hospitalization or to authorize release of the defendant for community placement or conditional release on the grounds that the defendant does not have an abnormal mental condition that is likely to cause the defendant to be dangerous to the defendant's self, others, or the community in the reasonably foreseeable future; is capable of distinguishing right from wrong; and the defendant has substantial capacity to conform the defendant's conduct to the requirement of law.The bill prohibits a defendant found not guilty by reason of insanity from remaining confined in inpatient hospitalization for a period in excess of the maximum term of confinement that could be imposed for only the single most serious offense with which the defendant is found not guilty by reason of insanity, less 30% for a misdemeanor offense and less 50% for a felony offense. This prohibition does not apply to defendants found not guilty by reason of insanity for a class 1 or class 2 felony.Upon conclusion of the maximum period of confinement, the court may stay the termination for 21 days to identify whether the defendant meets the requirements for certification or the provision of services. Beginning January 1, 2024, if, after hearing all relevant evidence, the court finds the requirements for certification have been established by clear and convincing evidence, the court shall make an order of commitment to the office of behavioral health in the department of human services. The office of behavioral health has the right to delegate physical custody of the defendant to an appropriate, approved treatment facility on an outpatient or inpatient basis.Current law requires the court to order a release examination of the defendant when a current examination has not already been furnished or when either the prosecution or defense moves for an examination of the defendant at a different institution or by different experts. The bill specifies what information the release examination must include.The bill requires the medical professional treating the defendant to develop a report certifying whether the defendant continues to meet the criteria for ongoing inpatient hospitalization. The chief executive officer of the facility in which the defendant is confined shall submit the report to the court on an annual basis.If the trier of fact finds a defendant not guilty by reason of insanity (NGRI), the bill authorizes the court, at the request of the defendant, to allow the defendant to remain at liberty or set a hearing to modify the bond and delay final disposition, delay formal entry of the finding of NGRI, and stay the commitment of the defendant to the custody of the department of human services (state department) until the conclusion of the initial release hearing. If the defendant is on bond, the bill requires the court to order the state department to conduct a release examination on an outpatient basis.The bill does not apply if the court finds that the crime for which the defendant is found NGRI is a class 1 or class 2 felony, resulted in another person suffering serious bodily injury or death, involved the defendant using a deadly weapon, or involved felony unlawful sexual behavior.Upon an initial commitment following a finding of NGRI, or upon delaying the final entry of the finding of NGRI, the bill requires the court to schedule an initial release hearing no later than 120 days after the initial commitment. The bill requires the court to order the state department to complete a release examination no later than 30 days prior to the initial release hearing. The bill authorizes the court to continue the hearing beyond 120 days upon a finding of good cause or if necessary to conduct a second evaluation of the defendant.The bill requires the court to conduct the initial release hearing.Beginning September 1, 2022, the bill requires the chief officer of the institution at which the defendant is committed to annually submit a release examination report to the court certifying whether the defendant continues to meet the criteria for ongoing inpatient hospitalization or meets the applicable test for release. The bill describes what must be included in the release examination report.The bill appropriates $868,271 to the department of human services from the general fund for use by the office of behavioral health.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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