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Legislative Year: 2023 Change
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Bill Detail: HB23-1012

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Title Juvenile Competency To Proceed
Status Introduced In Senate - Assigned to Judiciary (03/22/2023)
Bill Subjects
  • Courts & Judicial
House Sponsors J. Amabile (D)
Senate Sponsors R. Rodriguez (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/09/2023
Summary

Legislative Oversight Committee Concerning the Treatment
of Persons with Behavioral Health Disorders in the Criminal and
Juvenile Justice Systems.
The bill addresses issues related to a
determination of juvenile competency to proceed (competency) and
restoration of competency (restoration). The bill allows:
  • The district attorney, defense attorney, guardian ad litem,
department of human services, a competency evaluator, a
restoration treatment provider, and the court, without
written consent of the juvenile or further order of the court,
to access competency evaluations and restoration
evaluations, including all second evaluations; information
and documents related to competency evaluations; the
competency evaluator, for the purpose of discussing the
competency evaluation; and the providers of court-ordered
restoration services for the purpose of discussing such
services;
  • Parties to exchange names, addresses, reports, and
statements of physicians or psychologists who examined or
treated the juvenile for competency;
  • The court or any party to raise, at any time, the issue of a
need for a restoration evaluation of the juvenile's
competency; and
  • A juvenile to be examined by a competency evaluator of
the juvenile's own choice and to request a second
evaluation in response to a court-ordered competency
evaluation or a court-ordered restoration evaluation.
If the court determines that the juvenile is incompetent to proceed
and unlikely to be restored to competency in the reasonably foreseeable
future, a time frame is set forth for the dismissal of charges based on the
severity and type of charge.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (03/27/2023) (most recent)  
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