SB 838 - Currently, the court shall dismiss criminal charges without prejudice against certain individuals accused of committing an offense who have been committed to the Director of the Department of Mental Health for lack of mental fitness to proceed and for whom a court finds that there is no substantial probability that the accused will be mentally fit to proceed in the reasonably foreseeable future. Under this act, the Director shall submit to a committed person's guardian a discharge plan if: (1) the committed person has been declared incapacitated and approved for admission to a treatment facility by his or her guardian; (2) the Director concludes that the person should be released; and (3) the alleged offense "is not" a dangerous felony, murder in the first degree, sexual assault or rape in the second degree, or attempts of such offenses. The discharge plan shall include an opinion as to the conditions of release that are consistent with the needs of the accused and the interest of public safety, including: (1) location and degree of necessary supervision of housing; (2) location of and responsibilities for appropriate psychiatric, rehabilitation, and aftercare services; (3) medication follow-up; (4) at least monthly contact with the Department's forensic case monitor; and (5) any other conditions or supervision as may be warranted. The Department shall obtain the consent of the guardian prior to discharging the committed person. If the guardian does not consent to the discharge of the person from a facility operated by the Department, then the Department shall propose alternative placements until the guardian consents or the Department may seek review in accordance with current law governing discharge review panels.
Under this act, the Director shall submit to the probate division of the circuit court having jurisdiction over the committed person a discharge plan if: (1) the committed person has been declared incapacitated and approved for admission to a treatment facility by his or her guardian; (2) the Director concludes that the person should be released; and (3) the alleged offense "is" a dangerous felony, murder in the first degree, sexual assault or rape in the second degree, or attempts of such offenses.
The probate division shall hold a hearing after receiving the plan and notice of the hearing shall be provided to the committed person's guardian, the prosecutor of the original case, and other persons as the court may order. At the hearing, the court shall consider the following: (1) whether the committed person presently has a mental disease or defect; (2) the nature of the offense; (3) the person's behavior while confined in a mental health facility; (4) the elapsed time between the hearing and the last reported unlawful or dangerous act; (5) whether the person has had supervised community outings without incident; and (6) whether the determination that the person is not dangerous is dependent on the person taking drugs, medicine, or narcotics. No committed person shall be released under this provision unless the court finds that the person does not have and is not likely to have a mental disease or defect rendering the person dangerous.
If the Director concludes that a committed person should be released with supervision under this act, the guardian shall be given access to all risk assessments and patient files for the person maintained by the Department. The Department shall provide or arrange for follow-up care and monitoring and shall make or arrange for reviews and visits at least monthly and determine whether the client is receiving care, treatment, habilitation, or rehabilitation services as needed. The Department shall identify the facilities, programs, or specialized services operated or funded by the Department that shall provide the necessary levels of care and treatment to the client in the geographical areas where he or she is released.
SARAH HASKINS