PA 10-28—sHB 5247

Judiciary Committee

AN ACT CONCERNING COMPETENCY TO STAND TRIAL

SUMMARY: Among other actions, the law permits a court to place a criminal defendant it finds incompetent to stand trial in the custody of the Department of Mental Health and Addiction Services (DMHAS) commissioner with instructions that DMHAS apply for civil commitment. This act expands courts' authority to order periodic re-examinations of incompetent defendants who it either (1) releases or (2) places in the commissioner's custody.

The expansion covers defendants charged with serious sex offenses and specified crimes that resulted in physical injury. The law already allows for periodic re-examinations of defendants charged with crimes that resulted in death or serious physical injury but does not state the frequency of re-examinations. The act specifies that all examinations under these circumstances must be made at least every six months.

The act requires DMHAS to notify the court if it releases the defendant before the statute of limitations for prosecuting him or her has expired, if the court's commitment order indicates when this occurs.

EFFECTIVE DATE: October 1, 2010

PERIODIC EXAMINATIONS

The act adds defendants charged with the following crimes:

1. risk of injury involving sexual contact with a child under age 16;

2. 2nd degree assault with a deadly or dangerous instrument, other than a firearm, that causes physical injury;

3. 2nd degree assault with a firearm;

4. 1st degree sexual assault (rape);

5. aggravated 1st degree sexual assault;

6. spousal rape;

7. 2nd degree sexual assault;

8. 3rd degree sexual assault; and

9. 3rd degree sexual assault with a firearm.

OLR Tracking: SP: SS: PF: ts