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Committee advances bill requiring courts to hold post-restoration pretrial hearings within 14 days to curb competency backlogs

May 20, 2025 | Committee on Criminal Justice, Senate, Legislative, Texas


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Committee advances bill requiring courts to hold post-restoration pretrial hearings within 14 days to curb competency backlogs
The Senate Committee on Criminal Justice advanced House Bill 305, which would require courts to schedule the next pretrial hearing within 14 days after a defendant is restored to competency, aiming to reduce repeated placements on the forensic wait list.

Senator Charles Perry (presenting the bill on behalf of Representative Hayes) and Senator Rodney Cook explained that Texas’ forensic wait list has grown sharply; a state-auditor report cited in testimony found 341 individuals were placed on the wait list multiple times between 2018 and 2023. Senator Cook said HB 305 would “prevent unnecessary decompensation of defendants while awaiting trial, reduce strain on the forensic wait list, conserve law enforcement resources, and promote efficiency in public safety.”

Lisette Galvan of NAMI Texas testified in support, urging the change to “reduce the time individuals with mental illness spend in county jails after competency restoration” and citing the 2024 auditor report showing multiple re‑entries to the wait list.

Why it matters: Witnesses described a cycle in which defendants are restored at state hospitals but returned to county jails and, because of court delays, decompensate again and rejoin the wait list, multiplying costs and harming patients and public safety.

Committee action: The committee reported HB 305 favorably to the full Senate (recorded in committee roll call) and left the bill pending.

Next steps: With the committee’s favorable recommendation, the bill moves to the full Senate. Advocates urged that courts and jail systems prioritize timely scheduling to realize the intended benefits.

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