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Competency Restoration Services And Education

Concerning competency restoration services for defendants deemed incompetent to proceed, and, in connection therewith, making an appropriation.
2017 Regular Session
Crimes, Corrections, & Enforcement
Human Services
Bill Summary

Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill addresses various issues relating to the restoration of competency for juveniles and adults in the juvenile and criminal justice systems, including:

  • Requiring the court to consider whether restoration to competency services should occur on an outpatient basis if the defendant is on bond or summons;
  • Requiring that, in addition to providing competency restoration services in the least restrictive environment, the provision of such services and a juvenile's participation in those services occur and are reviewed by the court in a timely manner;
  • Establishing the office of behavioral health (office), as the entity responsible for the oversight of restoration education and the coordination services necessary to competency restoration; and
  • Setting forth the duties of the office related to competency restoration services and education, including the development of a standardized juvenile and adult curricula for the educational component of competency restoration services. The curricula, to be developed on or before December 1, 2017, must have a content and delivery mechanism that allows it to be tailored to meet individual needs, including those of persons with intellectual and developmental disabilities.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details