HB 330: Improvements to Competency Proceedings

This bill passed both chambers of the legislature unanimously. Review our tracker for more information.

Individuals who lack the ability to rationally understand the crime they are accused of and possible punishments or who lack the mental capacity to consult with counsel or assist in their own defense are immune from prosecution. While this is generally accepted as good policy, it can be hard to accurately draw the line between “competent” and “incompetent.”

Getting it wrong could mean that a person who fully understands what’s going on isn’t held accountable for a serious crime or, alternatively, that a person with diminished abilities is held to the same standard as a fully capable adult.

Given what’s at stake, accuracy in determining competence is imperative. That’s why Libertas supports HB 330, sponsored by Representative Ryan Wilcox.

Currently, someone can only be found incompetent if they have an underlying mental illness or intellectual disability. If passed, the bill would also allow someone to be found incompetent based on a brain injury. This patches a significant hole for people who may have significant impairments but don’t meet diagnostic criteria for a mental illness and can’t be classified as having an intellectual disability because their problems materialized during adulthood.

The bill also tightens the requirements for who can conduct a forensic evaluation, requiring evaluators to demonstrate knowledge, experience, and training in intellectual functioning and a defendant’s legal rights. It also requires evaluators to include additional information in their report including the defendant’s history of mental health treatment and how much time the evaluator spent with the defendant to conduct their evaluation. Given that judges do not have a mental health background and must rely heavily on evaluators, these changes go a long way toward making sure judges have the information necessary to make an informed decision. 

If a defendant is found restorable and a judge orders restoration proceedings, the Department of Health and Human Services has a limited amount of time in which to restore the defendant to competency. This bill allows for an extension of that period if the evaluator believes the defendant can be restored in the foreseeable future. 

Sometimes a defendant is found to be not only incompetent but also not restorable. In that case, the person cannot be found guilty or incarcerated, but may nevertheless pose a public safety risk. The only option is to civilly commit the person. Currently, the Department of Health and Human Services is only required to give prosecutors ten days notice before discharging the person. This is often inadequate to complete civil commitment proceedings and can leave the public at risk. The bill lengthens that notice period to sixty days so that prosecutors have plenty of time to complete civil commitment proceedings.

The intersection of mental illness and criminal justice is fraught with moral peril. This bill is a significant step toward ensuring that these weighty decisions are made as accurately as possible and that the interests of both defendants and public safety are served.