Legislation
New or proposed laws and statutes.
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California law expands judges' discretion in competency diversion cases Statewide
Source: Becker's Behavioral Health, by Ella Ruder
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New York lawmakers pass bills to speed up competency rulings and study restoration reform Statewide
Source: Queens Daily Eagle, by Noah Powelson
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Vermont bill would create a prison-based forensic facility for people found unfit for trial or legally insane Statewide
Source: Seven Days, by Colin Flanders
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Ohio extends maximum competency-restoration commitment to five years Statewide
Source: Cleveland 19 News, by Julia Thyret and Brian Koster
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AP: Vermont is the only state without a locked facility for defendants found incompetent, and lawmakers consider building one Statewide
Source: Associated Press / VTDigger (via Boston.com), by Charlotte Oliver/VTDigger, Associated Press
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Massachusetts nurses and SEIU press for separate hospital units as forensic patients fill state psychiatric beds Statewide
Source: WBUR, by Deborah Becker
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Hawaii's law diverting minor offenders to the state hospital after fitness checks is producing repeat admissions Statewide
Source: Honolulu Civil Beat, by Caitlin Thompson
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New Mexico launches its first competency-diversion program Statewide
Source: KUNM, by Ted Alcorn, New Mexico In Depth
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Iowa launches statewide outpatient competency restoration program Statewide
Source: Iowa Public Radio, by Meghan McKinney
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New Mexico legislators review draft competency statute and outpatient alternatives Statewide
Source: New Mexico Political Report, by Nicole Maxwell
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Kansas county launches outpatient competency restoration as inmates wait a year or more for Larned or Osawatomie
Source: KCUR, by Dylan Lysen
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Maine bill would make permanent the option to move violent incompetent defendants from Riverview to prison unit Statewide
Source: Sun Journal, by John Terhune
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Colorado further reforms competency evaluation and certification rules Statewide
Source: Colorado General Assembly
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Washington adds jail-based specialists and new diversion options Statewide
Source: Washington State Governor's Office (Medium), by Governor Jay Inslee
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Vermont House weighs bills on care and oversight for defendants found incompetent, after a Bennington killing Statewide
Source: VTDigger, by Kristen Fountain
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Texas psychiatric hospital staffing gaps keep over 2,500 defendants waiting in jail Statewide
Source: The Texas Tribune, by Stephen Simpson
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Illinois law lengthens the jail-transfer deadline for defendants found unfit from 20 to 60 days after officials concede the old limit was routinely missed Statewide
Source: NPR Illinois (Capitol News Illinois), by Peter Hancock
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Texas waitlist for state hospital beds tops 2,500 as lawmakers weigh a deadline Statewide
Source: USC Annenberg Center for Health Journalism (originally published by KXAN), by David Barer, CHJ Fellow
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Colorado overhauls competency process, funds new hospital beds Statewide
Source: Colorado General Assembly
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Minnesota creates statewide 'forensic navigator' system for competency cases Statewide
Source: Minnesota Office of the Revisor of Statutes, by Minnesota Legislature (Office of the Revisor of Statutes)
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South Carolina law lets the mental health department provide competency restoration in jails and outpatient settings Statewide
Source: South Carolina Legislature Online, by South Carolina General Assembly
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Virginia lets courts divert incompetent misdemeanor defendants to civil evaluation instead of restoration Statewide
Source: Virginia Legislative Information System, by Virginia General Assembly (introduced by Sen. T. Montgomery "Monty" Mason)
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Nebraska committee advances bill giving incompetent defendants priority at the regional center Statewide
Source: Nebraska Examiner, by Paul Hammel
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Washington enacts law to speed transfers from outpatient restoration and tighten competency service deadlines Statewide
Source: Washington State Legislature, by Washington State Senate (Office of Senate Bill Reports)
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Utah updates juvenile competency law Statewide
Source: Utah Legislature
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Nebraska inmates wait an average of 128 days for Lincoln Regional Center beds Statewide
Source: Nebraska Examiner, by Paul Hammel
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Kansas House committee hears bill to open new competency evaluation and restoration pathways beyond Larned Statewide
Source: Kansas Legislature, by Kansas House Judiciary Committee
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Florida House committee backs allowing restoration treatment in county jails as 548 defendants wait for state beds Statewide
Source: The Florida Bar News, by Jim Ash
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Vermont state working group recommends forensic facility and restoration program for defendants found incompetent Statewide
Source: Vermont Department of Mental Health (posted by the Vermont General Assembly), by Vermont Department of Mental Health
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Oklahoma senator files bill to allow jail-based restoration when forensic beds are not available Statewide
Source: Oklahoma State Senate
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Vermont enacts Act 57 revising competency and insanity procedures and creating a forensic care working group Statewide
Source: Vermont General Assembly
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Vermont Senate passes bill adding prosecutor notice and reevaluation rights in competency and insanity cases Statewide
Source: Bennington Banner, by Tiffany Tan
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Ohio governor signs Senate Bill 2, allowing outpatient competency restoration for nonviolent misdemeanor cases Statewide
Source: Ohio Senate (Office of Sen. Theresa Gavarone), by Theresa Gavarone
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West Virginia enacts competency law with 90-day restoration check and 180/240-day caps Statewide
Source: West Virginia Legislature
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Kentucky enacts a commitment track for violent defendants who cannot be restored to competency Statewide
Source: Kentucky Legislative Research Commission, by Kentucky General Assembly
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Arizona House passes bill to commit defendants who are incompetent, unrestorable and dangerous; fiscal analysts flag large costs Statewide
Source: Arizona State Legislature, by Arizona State Senate Research
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Minnesota task force recommends a competency statute, certified forensic navigators and a three-tier restoration system Statewide
Source: Minnesota Department of Human Services, by Minnesota Department of Human Services, Behavioral Health Division and Direct Care and Treatment
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Ohio Senate bill would send low-level defendants to outpatient competency evaluation and free hospital beds Statewide
Source: Spectrum News 1 Ohio, by Josh Rultenberg
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South Dakota oversight council says competency evaluation waits fell from months to weeks after 2017 reforms Statewide
Source: South Dakota Oversight Council for Improving Criminal Justice Responses for Persons with Mental Illness, by Oversight Council for Improving Criminal Justice Responses for Persons with Mental Illness
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Kentucky senators file a bill to create an involuntary-commitment track for violent defendants found incompetent and unlikely to be restored Statewide
Source: Kentucky General Assembly (Legislative Research Commission), by Kentucky Legislative Research Commission
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Hawaii lawmakers weigh bills to divert people with mental illness from jail and speed fitness evaluations Statewide
Source: Honolulu Civil Beat, by Brittany Lyte
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Michigan House bills would rewrite competency-to-stand-trial procedures and let counties use outside examiners when the state center falls behind Statewide
Source: Michigan House Fiscal Agency
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Klamath County builds a local alternative as Oregon's SB 24 restricts state hospital referrals
Source: KOBI-TV NBC5 / KOTI-TV NBC2, by Newsroom Staff
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Reporting finds Oregon's 2019 aid-and-assist law is leaving some misdemeanor defendants without inpatient care Statewide
Source: NPR (reported by Oregon Public Broadcasting), by Conrad Wilson
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Federal judge closes Oregon hospital-delay case after state returns to compliance Statewide
Source: Oregon Public Broadcasting, by Conrad Wilson
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Ohio fiscal analysis: bill would bar inpatient competency evaluations at state hospitals for nonviolent misdemeanor defendants and fund limited guardians Statewide
Source: Ohio Legislative Service Commission
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Arizona court committee proposes standardized Rule 11 evaluator guidelines and a fix for dangerous, unrestorable defendants Statewide
Source: Arizona Supreme Court (Arizona Judicial Council), by Arizona Supreme Court Committee on Mental Health and the Justice System
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Minnesota convenes a statewide task force on community competency restoration under a 2019 law Statewide
Source: Minnesota Department of Human Services
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Washington creates 'forensic navigator' role to speed competency cases Statewide
Source: Disability Rights Washington
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Maryland law sets a 10-business-day deadline for hospital admission of incompetent defendants and lets courts sanction the state Statewide
Source: Maryland General Assembly
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Nebraska senator opens legislative study on missing mental health treatment for people in the criminal justice system Statewide
Source: Nebraska Legislature
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Michigan House votes for 45-day limits on competency exams; advocacy group cites an average six-month wait Statewide
Source: Safe & Just Michigan, by Kate McCracken
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Michigan House Fiscal Agency analyzes bills to cap competency exam delays at the state forensic center Statewide
Source: Michigan House Fiscal Agency
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Brown budget sets $117 million for California incompetent-defendant treatment as the population grows by a third Statewide
Source: Los Angeles Times, by Jazmine Ulloa
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Michigan lawmakers propose 45-day cap on competency examinations Statewide
Source: Michigan Legislature, by Michigan House of Representatives
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Illinois law sets 20-day deadline for state to place jail inmates found unfit for trial Statewide
Source: Cook County Sheriff's Office
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Texas Senate staff analysis: bill would steer misdemeanor defendants away from state hospital restoration to cut jail waits Statewide
Source: Texas Legislature Online, by Texas Senate Research Center
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Arkansas bill would split fitness and criminal-responsibility exams to cut jail time awaiting State Hospital evaluations Statewide
Source: Arkansas Times, by Leslie Newell Peacock
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South Carolina bill would make the mental health department reimburse counties for jailing people found unfit to stand trial Statewide
Source: South Carolina Legislature Online, by South Carolina General Assembly
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Wyoming health department proposes statute changes to speed court-ordered competency and sanity evaluations Statewide
Source: Wyoming Legislature (interim committee materials), by Wyoming Department of Health, Director's Unit for Policy, Research, and Evaluation
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Colorado passes law on where competency evaluations are performed Statewide
Source: Colorado General Assembly
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LePage administration revives plan to move dangerous forensic patients from Riverview to the state prison Statewide
Source: Portland Press Herald, by Kevin Miller
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Florida lawmakers say fixing mental-hospital violence will take money, and a DCF official ties the rise in forensic admissions to missing community services Statewide
Source: Tampa Bay Times, by Michael Auslen
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South Carolina audit finds the state hospital agency has too little time to restore defendants to competency Statewide
Source: South Carolina Legislative Audit Council