SB 198

Abstract

Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that in cases where the defendant has been charged with a misdemeanor larceny-related offense or a misdemeanor offense for trespassing, destruction of property, intoxication in public, disorderly conduct, or failure to appear and is found to be incompetent following a competency evaluation, the competency report may recommend that the court direct the community services board or behavioral health authority to (i) conduct an evaluation to determine whether the defendant meets the criteria for temporary detention and (ii) upon determining that the defendant does meet the criteria for temporary detention, file a petition for issuance of an order for temporary detention of the defendant. Similarly, the bill provides that, in cases in which a defendant has been charged with one of the listed misdemeanors, is found to be incompetent, and the competency report recommends that the defendant be temporarily detained, the court may dismiss the charges without prejudice and, in lieu of ordering that the defendant receive treatment to restore his competency, order the community services board or behavioral health authority to conduct an evaluation of the defendant and if the board or authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention. The bill provides that the court shall not dismiss such charges and enter such order if the attorney for the Commonwealth is involved in the prosecution of the case and does not concur in the motion. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant. The bill has an expiration date of July 1, 2023.

Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that upon motion from the attorney for the Commonwealth or counsel for the defendant, the court may order a preadmission screening report to be completed pursuant and after the preadmission screening report has been completed, without objection by counsel for the defendant as to the defendant's competency to stand trial and upon motion of the attorney for the Commonwealth or its own motion, permit the community services board or behavioral health authority to petition for involuntary admission of the defendant and enter an order of nolle prosequi or dismissal without prejudice for the criminal charge. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant.

Disposition when defendant found incompetent;involuntary admission of the defendant. Provides that when adefendant is found incompetent, the court may, after a preadmission screening report has been completed and the court has made a findingby clear and convincing evidence that a crime has occurred, withoutobjection by counsel for the defendant as to the defendant's competencyto stand trial and upon motion of the attorney for the Commonwealthor its own motion, permit the community services board or behavioralhealth authority to petition for involuntary admission of the defendantand enter an order of nolle prosequi or dismissal for the criminalcharge. Under current law, the court is required to order that thedefendant receive treatment to restore his competency. The bill alsoclarifies the process following the completion of the competencyevaluation of a defendant.