Committee advances bill requiring mental-health evaluations in sentencing for certain offenses

The House Judiciary Committee voted to send House Bill 10,089, as amended, to full judiciary after brief debate and a recorded vote of 6 ayes, 0 nays and 1 present not voting.

Sponsor Representative Hicks said the bill "aims to ensure that individuals convicted of certain criminal offenses undergo a mental health evaluation as part of the court sentencing process" to identify underlying issues and link defendants to appropriate care. He told the committee that, when appropriate, evaluations are to be performed on an outpatient basis to reduce the burden on corrections facilities.

The bill applies to several offenses cited by the sponsor, including child abuse, theft and cruelty to animals, and the sponsor argued the step would promote rehabilitation and public safety by providing treatment and reducing recidivism.

Funding and capacity questions: Representative Patrick Powell asked who will pay for the evaluations and whether the measure would worsen an already backlogged mental-health system. Representative Hicks replied that initially the defendant would be responsible for payment, but "if that defendant is found indigent, then those burdens could fall on the state," and he noted that the mental-health-and-substance-abuse department and the department of corrections "can also provide this mental health coverage." He added that providers reported increased compensation and capacity improvements but did not provide data.

Outcome: House Bill 10,089, with House Amendment 4,598 adopted in committee, passed to full judiciary on a roll call recorded as 6 ayes, 0 nays and 1 present not voting.