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Legislative Year: 2024 Change

Bill Detail: SB24-006

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Title Pretrial Diversion Programs
Status Governor Signed (03/22/2024)
Bill Subjects
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
  • Human Services
House Sponsors M. Bradfield (R)
R. English (D)
Senate Sponsors R. Fields (D)
R. Rodriguez (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/10/2024

Legislative Oversight Committee Concerning the Treatment
of Persons with Behavioral Health Disorders in the Criminal and
Juvenile Justice Systems.
The bill requires a district attorney's office, or
the office's designee, to consider the use of a juvenile diversion program
(program) to prevent a juvenile who demonstrates behaviors or symptoms
consistent with an intellectual and developmental disability, a mental or
behavioral health issue, or a lack of mental capacity from further
involvement in formal delinquency proceedings.
Current law allows programs to use the results of an approved and
validated assessment tool to identify the appropriate diversion services a
juvenile may need and the professionals who may provide the services.
The bill adds behavioral health services and services for juveniles with
developmental disabilities to the types of services a juvenile may need
and adds behavioral health treatment providers and providers who offer
services to juveniles with developmental disabilities to the list of
professionals who may provide the appropriate diversion services.
If a defendant's competency is raised or a defendant is found
incompetent to proceed, the bill allows the defendant to enter into a
diversion agreement if the court finds that the defendant has the ability to
participate and is advised of the potential consequences of failure to
comply. The defendant's entrance into the diversion agreement does not
waive the issue of competency to stand trial if there is a violation of the
diversion agreement and proceedings on the charges resume. The
diversion agreement alone is not evidence of competency.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (05/15/2024) (most recent)  
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