2024 -- S 2669

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LC005273

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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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

GUITLY BY REASON OF INSANITY

     Introduced By: Senator Matthew L. LaMountain

     Date Introduced: March 01, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 40.1-5.3-3 and 40.1-5.3-6 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:

     40.1-5.3-3. Competency to stand trial.

     (a) Definitions. As used in this section:

     (1) “Attorney for the state” means the attorney general, an authorized assistant attorney

general, or other person as may be authorized by law to act as a representative of the state in a

criminal proceeding.

     (2) “Competent” or “competency” means mental ability to stand trial. A person is mentally

competent to stand trial if he or she is able to understand the character and consequences of the

proceedings against him or her and is able properly to assist in his or her defense.

     (3) “Department” means the state department of behavioral healthcare, developmental

disabilities and hospitals.

     (4) “Director” means the director of the state department of behavioral healthcare,

developmental disabilities and hospitals.

     (5) “Incompetent” or “incompetency” means mentally incompetent to stand trial. A person

is mentally incompetent to stand trial if he or she is unable to understand the character and

consequences of the proceedings against him or her or is unable properly to assist in his or her

defense.

     (b) Presumption of competency. A defendant is presumed competent. The burden of

proving that the defendant is not competent shall be by a preponderance of the evidence, and the

burden of going forward with the evidence shall be on the party raising the issue. The burden of

going forward shall be on the state if the court raises the issue.

     (c) Request for examination. If at any time during a criminal proceeding, prior to the

imposition of sentence, it appears that the defendant is not competent, counsel for the defendant or

the state, or the court, on its own motion, may request an examination to determine the defendant’s

competency.

     (d) Examination of defendant.

     (1) If the court finds that the request for examination is justified, the court shall order an

examination of the defendant. The scope of the examination shall be limited to the question of

whether the defendant is competent.

     (2) The examination shall take place on an outpatient basis if the defendant is to be released

on bail or recognizance. If the defendant is ordered confined at the adult correctional institutions,

the examination shall take place at that facility. The department shall appoint or designate the

physician(s) who will conduct the examinations.

     The examination may take place on an outpatient basis, or, at the place where the person

is confined, unless the court, for good cause shown, determines that the defendant should be

confined in the facility established pursuant to § 40.1-5.3-1 or any portion of the institute of mental

health that the department designates as appropriate.

     (3) If the defendant is ordered confined to the adult correctional institutions a facility, the

physician shall complete the examination within five (5) days. If the physician determines that the

defendant is incompetent to stand trial, the defendant shall be immediately transferred for

admission to the Rhode Island state psychiatric hospital or the Eleanor Slater hospital, pending the

hearing provided for in subsection (g). At the discretion of the director, pending the hearing

provided for in subsection (g), the defendant may be discharged from one state-operated hospital

for the purpose of contemporaneously admitting the defendant to the other state-operated hospital

pursuant to the procedures enumerated in § 40.1-5.3-2.

     (e) Bail or recognizance during examination.

     (1) A defendant for whom a competency examination has been ordered shall be entitled to

release on bail or recognizance to the same extent and on the same terms and conditions as if the

issue of competency had not been raised.

     (2) The court may order the defendant to appear at a designated time and place for

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outpatient examination, and such an appearance may be made a condition of pretrial release.

     (f) Reports of examining physicians. Each examining physician shall prepare a report, in

writing, in which the physician shall state the physician’s findings concerning the defendant’s

competency, together with the medical and other data upon which the physician’s findings are

based. The report shall be filed with the court within ten (10) five (5) business days if the defendant

was ordered confined at the adult correctional institutions a facility, and as soon as practicable if

the defendant was released on bail or recognizance, and copies given to the attorney for the state

and to the defendant or the defendant’s counsel.

     (g) Hearing. Upon receipt of the report and appropriate notice to the parties, the court shall

hold a hearing unless the report concludes that the defendant is competent and the defendant and

the attorney for the state in open court state their assent to the findings on the record. At the hearing,

the report shall be introduced; other evidence bearing on the defendant’s competence may be

introduced by the parties; and the defendant may testify, confront witnesses, and present evidence

on the issue of the defendant’s competency. On the basis of the evidence introduced at the hearing,

the court shall decide if the defendant is competent.

     (h) Commitment of the defendant.

     (1) If the court finds, after the hearing, that a defendant is competent, it shall proceed with

the criminal case.

     (2) If the court finds that a defendant is incompetent, it shall commit him or her to the

custody of the director for the purpose of determining whether or not the defendant is likely to

imperil the peace and safety of the people of the state or the safety of himself or herself and whether

the defendant will regain competency within the maximum period of any placement under this

chapter.

     (3) Not later than fifteen (15) days from the date of the order of commitment, the director

shall prepare and file with the court a written report in which the director shall state the director’s

opinion regarding the defendant’s dangerousness; the likelihood of the defendant becoming

competent to stand trial within the maximum period of any placement order; and the

recommendations of the department regarding appropriate care and treatment of the defendant.

     (4) In the event the director is unable to complete the examination of the person in time to

render the director’s report within the fifteen-day (15) period, the director shall report that fact, in

writing, to the court with a statement of the reasons why the examination and report could not be

completed within the prescribed period. A copy of the director’s statement shall be given to the

attorney general and to the defendant, or the defendant’s counsel, any of whom may respond in

writing, or if the court deems it appropriate, orally, to the director’s statement. The court may

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thereupon enter an order extending for an additional twenty (20) days the time in which the director

is to file the director’s report.

     (i) Hearing.

     (1) Upon receipt of the report and appropriate notice to the director, the attorney general,

and the defendant, or the defendant’s counsel, the court shall hold a hearing at which the report

shall be introduced, other evidence bearing on the question of the mental condition of the person

may be introduced by the parties, and the person may testify, confront witnesses, and present

evidence.

     (2) If the court finds that a defendant who is incompetent may be placed on outpatient status

without imperiling the peace or safety of the public or the safety of himself or herself, it may

commit the defendant to an appropriate outpatient facility that agrees to provide treatment to the

defendant and to adhere to the requirements of this section, in order that the defendant may receive

treatment to restore or establish his or her competency.

     (3) If the court finds that a defendant who is incompetent is likely to imperil the peace or

safety of the people of the state or the peace and safety of himself or herself, it may order the

defendant to the Rhode Island state psychiatric hospital or the Eleanor Slater hospital, pursuant to

§ 40.1-5.3-1. A person who is ordered to be treated on inpatient status shall not be paroled,

furloughed, placed on outpatient status or removed from a locked facility, or otherwise released

from the institution where the person is being treated except upon petition to the court by the

director, on notice to the attorney general and the defendant, or the defendant’s counsel, and after

hearing thereon and entry of an order by a judge of the court authorizing release. The commitment

ordered pursuant to this section shall terminate upon the occurrence of any of the following:

     (i) The defendant is determined by the court to be competent; or

     (ii) The charges against the defendant are dismissed pursuant to subsection (j); or

     (iii) The charges against the defendant are dismissed or a nolle prosequi is entered; or

     (iv) The defendant is civilly committed pursuant to § 40.1-5-8; or

     (v) The court finds there is no reasonable likelihood that in the foreseeable future the

defendant will become competent and the defendant’s condition is such that the defendant cannot

properly be committed under § 40.1-5-8.

     (j) Period of commitment. When a court commits a defendant pursuant to subsection (i)(2)

or (i)(3), it shall compute, counting from the date of entry to the order of commitment, the date of

the expiration of the period of time equal to two thirds (⅔) of the maximum term of imprisonment

for the most serious offense with which the defendant is charged. If the maximum term for the most

serious offense charged is life imprisonment or death, the court shall, for the purpose of

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computation, deem the offense to be punishable by a maximum term of thirty (30) years. In the

order of commitment, the court shall provide that if, on the date so computed, the defendant is still

committed under the order, the charges against the defendant shall be dismissed.

     (k) Periodic review. The director shall petition the court to review the state of competency

of a defendant committed pursuant to subsection (i)(2) or (i)(3) not later than six (6) months from

the date of the order of commitment and every six (6) months thereafter, or when the director

believes the defendant is no longer incompetent, whichever occurs first. Outpatient facilities that

are providing treatment to defendants in accordance with subsection (i)(2) shall prepare reports to

be submitted to the director in accordance with the requirements of this section. The director shall

attach to the petition a report on the condition of the defendant. If the report indicates that the

defendant remains incompetent, it shall include a prognosis regarding the likelihood that the

defendant will become competent prior to the dismissal of the charges pursuant to subsection (j).

Copies of the report shall be given to the attorney for the state and to the defendant or the

defendant’s counsel.

     (l) Defendant’s right to petition. A defendant committed pursuant to subsection (i)(2) or

(i)(3) may at any time petition the court to review the state of the defendant’s competency.

     (m) Hearing on petition. Upon receipt of a petition pursuant to subsection (k) or (l) and

appropriate notice to the defendant, the state, and the director, the court shall hold a hearing at

which the parties may introduce evidence as to the defendant’s competency, including any reports

of the director, and the defendant may testify, confront witnesses, and present evidence as to the

defendant’s competency and prognosis. On the basis of the evidence, the court shall make a finding

as to the defendant’s competency and, if the defendant is found to be incompetent, whether a

reasonable likelihood exists that the defendant will become competent prior to the dismissal of the

charges pursuant to subsection (j). If the court finds that the defendant is competent, it shall enter

an order to that effect. If the court finds that the defendant is incompetent and that a reasonable

likelihood exists that the defendant will become competent prior to the dismissal of the charges

pursuant to subsection (j), it shall order continuation of the commitment of the defendant. If the

court finds that the defendant is incompetent and that a reasonable likelihood does not exist that the

defendant will become competent prior to the dismissal of the charges pursuant to subsection (j), it

shall order that thirty (30) days thereafter the defendant be discharged from detention under the

order of commitment. Upon entry of the order, the state may commence proceedings seeking to

commit the defendant pursuant to § 40.1-5-8.

     (n) Statements inadmissible. No statements made by a defendant in the course of an

examination conducted pursuant to subsection (d) or during a hearing conducted pursuant to

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subsection (i) or (m) shall be admissible in evidence against the defendant in any criminal action

on any issue other than the defendant’s mental condition. The statements shall be admissible on the

issue of the defendant’s mental condition even though they might otherwise be deemed to be

privileged communications.

     (o) Disposition of charges. The court may, at any time, proceed to a disposition of the

charges pending against a defendant who has been committed pursuant to subsection (i)(2) or (i)(3)

if the factual and legal issues involved can be resolved without regard to the competency of the

defendant.

     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 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 or detained at any other facility is mentally ill and requires specialized

mental health care and psychiatric in-patient services that cannot be provided in a correctional

facility, a 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.

     SECTION 2. This act shall take effect upon passage.

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LC005273

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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

GUITLY BY REASON OF INSANITY

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     This act would require any competency examinations of criminal defendants take place on

an outpatient basis or at the facility in which they are detained.

     This act would take effect upon passage.

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LC005273

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