Location: SCR 352
BILL SUMMARY for Bill 1
COMMITTEE ON TREATMENT OF PERSONS WITH MENTAL HEALTH DISORDERS IN THE CRIMINAL JUSTICE SYSTEM
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09:40 AM -- Bill 1
Representative Singer explained Bill 1. The bill defines mental and developmental disabilities, competent to proceed, incompetent to proceed, and mental capacity in the children's code. Bill 1 also defines a restoration to competency hearing and specifies that the determination of a juvenile's competency must include an evaluation of developmental disabilities, mental disabilities, and mental capacity. The bill also states that age alone cannot be a determining factor of juvenile incompetency without a finding that the juvenile lacks relevant competence. Under current law, if the court orders a competency evaluation, the evaluation must be conducted in the least restrictive environment possible while taking public safety and the juvenile's best interests into account. Bill 1 specifies that the evaluation can occur in the home or in a community placement, if appropriate.
Jennifer Longtin, Sheri Danz, and Bill Martinez, representing the Task Force, answered committee members questions regarding definitions in Bill 1. Ms. Danz gave historical context, explaining that Bill 1 is a modified version of HB 15-1025.
Representative Benavidez asked questions about the bill's definition of developmental disability. Mr. Martinez distributed two handouts. (Attachment C and D).