Chapter 279

2013 -- H 5851 SUBSTITUTE A

Enacted 07/15/13

A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS - INCOMPETENCY TO STAND TRIAL AND PERSONS ADJUDGED NOT GUILTY BY REASON OF INSANITY

Introduced By: Representatives Keable, Blazejewski, and Marcello

Date Introduced: March 06, 2013

It is enacted by the General Assembly as follows:

SECTION 1. Sections 40.1-5.3-6, 40.1-5.3-7 and 40.1-5.3-9 of the General Laws in

Chapter 40.1-5.3 entitled "Incompetency to Stand Trial and Persons Adjudged Not Guilty by

Reason of Insanity" are hereby amended to read as follows:

40.1-5.3-6. Examination of persons awaiting trial or convicted and imprisoned for

crime. -- On a petition of the director of the department of mental health, retardation behavioral

healthcare, developmental disabilities, and hospitals, or on the petition of the director of the

department of corrections, setting forth that any person awaiting trial or convicted of a crime and

imprisoned for the crime in the adult correctional institutions is mentally ill and requires

specialized mental health care and psychiatric in-patient services which cannot be provided in a

correctional facility, a justice judge of the district court or justice of the superior court may order

the examination of the person as in his or her discretion he or she shall deem appropriate.

40.1-5.3-7. Hearing on petition. -- (a) Upon receipt of the petition and appropriate

notice to the director, the attorney general and the person or his or her counsel, the court having

jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing

on the mental condition of the person. The person who is the subject of the petition may testify,

confront witnesses, and present evidence.

      (b) If the court having jurisdiction over the case finds by clear and convincing evidence

that the person is mentally ill and requires specialized mental health care and psychiatric inpatient

services which cannot be provided in a correctional facility, the court may order the transfer of

the prisoner from the adult correctional institutions, to be detained in the facility provided for in

section 40.1-5.3-1.

40.1-5.3-9. Return to confinement. -- When any person transferred pursuant to section

40.1-5.3-7 has sufficiently recovered his or her mental health, he or she may, upon petition of the

director and by order of a justice judge of the district court or justice of the superior court in his or

her discretion, be transferred to the place of his or her original confinement, to serve out the

remainder of his or her term of sentence.

SECTION 2. Chapter 40.1-5.3 of the General Laws entitled "Incompetency to Stand Trial

and Persons Adjudged Not Guilty by Reason of Insanity" is hereby amended by adding thereto

the following section:

40.1-5.3-9.1. Hearing on petition. -- (a) Upon receipt of the petition and appropriate

notice to the attorney general and the person or his or her counsel, the court having jurisdiction

over the case shall hold a hearing at which the parties may introduce evidence bearing on the

mental condition of the person. The person who is the subject of the petition may testify, confront

witnesses, and present evidence.

(b) If the court having jurisdiction over the case finds by a preponderance of the evidence

that the person has sufficiently recovered his or her mental health, he or she shall, by order of the

court having jurisdiction over the case in the court's discretion, be transferred from the facility as

provided for in section 40.1-5.3-1 to the place of his or her original confinement, to serve out the

remainder of his or her term of sentence.

SECTION 3. This act shall take effect upon passage.

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LC01950/SUB A/2

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