2013 -- H 5851 SUBSTITUTE A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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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

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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confront witnesses, and present evidence.

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

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

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

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

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section 40.1-5.3-1.

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

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

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

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

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remainder of his or her term of sentence.

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

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

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the following section:

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

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

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

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

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witnesses, and present evidence.

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

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

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

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

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remainder of his or her term of sentence.

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     SECTION 3. This act shall take effect upon passage.

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LC01950/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

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

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     This act would grant jurisdiction to the district court to order an examination of a person

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who requires specialized mental healthcare services and would allow for additional procedural

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due process rights for those individuals who have sufficiently recovered their mental health and

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who are to be returned to their original place of confinement. It would further grant authority to

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the district court to conduct such hearings. The authority to order such examinations is already

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vested in the superior court.

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     This act would take effect upon passage.

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