SCS/SB 387 - Currently, a judge may order a pretrial examination of an accused person whom the judge has reasonable cause to believe lacks mental fitness to proceed. The psychiatrist, psychologist, or physician performing the examination shall submit a report with findings, opinions, and recommendations on treatment in suitable hospitals. This act requires the examination report to contain recommendations as to whether the accused, if found to lack mental fitness to proceed, should be committed to a suitable hospital for treatment or if the treatment can be provided in a county jail or other detention facility approved by the Director of the Department of Mental Health. Additionally, the report shall contain a recommendation as to whether the accused, if found to lack mental fitness to proceed and if not charged with a dangerous felony, murder in the first degree, or rape in the second degree, should be committed to a suitable hospital facility or may be appropriately treated in the community, and whether the accused can comply with bond conditions and treatment conditions. This provision is substantially similar to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023) and the truly agreed to and finally passed SS/SCS/SBs 189, 36, & 37 (2023).
Under this act, no notarization requirement shall be required for an application for civil detention for evaluation and treatment or for any affidavits, declarations, or other documents supporting an application. However, such application, affidavits, declarations, or other documents shall be made under penalty of perjury.
This provision is identical to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), the truly agreed to and finally passed SS/HB 402 (2023), and SB 564 (2023).
SARAH HASKINS