Actions Related To Competency To Proceed

Competency to proceed - timing - services - reports - tracking system - placement guidelines - training - immunity - appropriations. When a defendant's competency to proceed is raised, the act:

• Changes the timing of various matters;
• Clarifies where restoration services are to be provided;
• Expands the requirements for a competency evaluation report; and
• Clarifies when defendants are to be released following an evaluation or restoration services.

The act requires the department of human services to:

• Develop an electronic system to track the status of defendants for whom competency to proceed has been raised;
• Convene a group of experts to create a placement guideline for use in determining where restoration services should be provided; and
• Partner with an institution of higher education to develop and provide training in competency evaluations.

On and after January 1, 2020, except for certain certified or certification-eligible evaluators, competency evaluators are required to have attended training. District attorneys, public defenders, and alternate defense counsel are also to receive training on competency to proceed.

The act also provides that a competency evaluator is not liable for damages in any civil action for failure to warn or protect a specific person or persons against the violent behavior of a defendant being evaluated.

The act appropriates $10,983,000 from the general fund to pay for fines, liquidated damages, costs, attorney fees, and special master compensation due to a consent decree agreed to by the state. It also appropriates additional money from the general fund and from reappropriated funds to the department of human services and the judicial department to implement the act.

(Note: This summary applies to this bill as enacted.)