Juvenile Competency To Proceed

The act addresses issues related to a determination of juvenile competency to proceed (competency) and restoration of competency (restoration). The act allows:

• The district attorney, defense attorney, guardian ad litem, department of human services, a competency evaluator, a restoration treatment provider, and the court, without written consent of the juvenile or further order of the court, to access competency evaluations and restoration evaluations, including all second evaluations; information and documents related to competency evaluations; the competency evaluator, for the purpose of discussing the competency evaluation; and the providers of court-ordered restoration services for the purpose of discussing such services;
• Parties to exchange names, addresses, reports, and statements of physicians or psychologists who examined or treated the juvenile for competency;
• The court or any party to raise, at any time, the issue of a need for a restoration evaluation of the juvenile's competency; and
• A juvenile to be examined by a competency evaluator of the juvenile's own choice and to request a second evaluation in response to a court-ordered competency evaluation or a court-ordered restoration evaluation.

If the court determines that the juvenile is incompetent to proceed and unlikely to be restored to competency in the reasonably foreseeable future, a time frame is set forth for the dismissal of charges based on the severity and type of charge.

For the 2023-24 state fiscal year, $120,000 is appropriated to the judicial department from the general fund. The judicial department may use this appropriation for mandated costs for the office of the state public offender and the office of the alternate defense counsel.

APPROVED by Governor June 5, 2023

EFFECTIVE August 7, 2023
(Note: This summary applies to this bill as enacted.)