Wyoming health department proposes statute changes to speed court-ordered competency and sanity evaluations

In materials prepared for a legislative subcommittee in August 2016, the Wyoming Department of Health's policy unit examined delays in court-ordered fitness-to-proceed and criminal-responsibility evaluations at Wyoming State Hospital. It pointed to prosecution and defense case materials arriving late or not at all, defendants missing outpatient evaluation appointments, and a heavy share of minor misdemeanor referrals, many of which ended in competency findings that did not require commitment.

It also flagged that existing law allowed commitments longer than a defendant might serve if convicted, tying up beds that evaluations need. The brief proposed statutory language for mandatory exchange of collateral records on a deadline, consequences for defendants who do not cooperate, commitment limits tied to potential sentence length, and fees that would encourage private evaluators. It cited statutes from Colorado, Oregon, Wisconsin, Michigan, Minnesota and Montana as models.

The document predates the jail-waiting-for-a-forensic-bed coverage Wyoming has seen in later years, and shows the state's evaluation bottleneck was already on the legislature's radar in 2016. It is an agency proposal, not enacted law.

Source: TITLE 7: POLICY OPTIONS AND POTENTIAL STATUTE CHANGES — Wyoming Legislature (interim committee materials), by Wyoming Department of Health, Director's Unit for Policy, Research, and Evaluation

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