Committee gives "do pass" recommendation to bill allowing post-verdict transfers from state hospital to less-restrictive facilities

The House Judiciary Committee on Monday voted 12-0 to give a "do pass" recommendation to Senate Bill 2077, which would allow the superintendent or director of a treatment facility to petition the court to transfer an individual who was found not guilty by reason of lack of criminal responsibility to a less-restrictive setting for court-ordered examination.

Dr. Dan Kramer, clinical director with the Human Service Centers at the Department of Health and Human Services, testified in support of the engrossed bill, saying it responds to a limited set of cases in which a less-restrictive, structured treatment setting may be more appropriate than the North Dakota State Hospital for the statutorily prescribed examination period. "This amendment would allow option for the North Dakota State Hospital superintendent to collaborate with the Human Service Center partner on transfer of care when safe and appropriate to do so," Kramer said, describing the change as a refinement to the post-verdict placement process.

Kramer told the committee the bill targets infrequent circumstances following a verdict or finding of not guilty by reason of lack of criminal responsibility. Under current practice, Kramer said, people ordered for examination typically go to the state hospital; the bill would permit a transfer or assignment to another structured facility — for example, a transitional living facility — if the superintendent believes the least-restrictive setting is appropriate and the receiving facility's attending physician or director consents. Kramer said the change is meant to balance public safety, individual rights, and humane treatment of people with mental-health conditions.

During committee discussion members asked for clarification about what types of facilities might be used and whether placements could include faith-based or community treatment providers. Committee members were told the statute governs placement for an examination (up to 90 days) after a not-guilty-by-reason finding and that the receiving facility must be able to serve the clinical and public-safety needs of the individual. One member noted that a recent law session had already clarified that faith-based providers may participate in some treatment-service roles when appropriate.

Representative Schneider moved a due-pass recommendation; Representative Better seconded. The roll call recorded 12 yes votes and 0 no votes; two members were absent and not voting. The clerk read the roll call with the following yes votes: Chairman Clamine; Vice Chair Carls; Vice Chair Better; Representative Christiansen; Representative Johnston; Representative McLeod; Representative Olson; Representative Satrim; Representative Schneider; Representative Twyte; Representative Van Winkle; and Representative Wolf. The motion carried 12-0-0 (two absent, not voting). Johnston was assigned as the bill carrier.

The committee recessed until the afternoon floor session after concluding business on Senate Bill 2077.