HB 3616

Abstract

Amends the Code of Criminal Procedure of 1963. Provides that in the case of an order of the court committing a defendant who has been found unfit to stand trial for treatment, the court shall order that the placement be on an outpatient basis unless the court determines that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis. Provides that if the court determines that placement on an outpatient basis is not appropriate, the court shall (rather than may) order the defendant placed for treatment in the custody of the Department of Human Services or the court may order him or her placed in the custody of any other appropriate public or private inpatient mental health facility (deletes treatment program) which has agreed to provide treatment to the defendant. Makes other changes. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following changes: In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a state operated facility under certain circumstances unless there are no beds available.