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Defender general warns S.193 could recreate 'a jail' rather than a forensic hospital; prosecutors propose targeted edits
Summary
On Feb. 12, the Senate Judiciary reviewed S.193, a bill to create a forensic hospital and change competency-restoration rules. Defender General Matt Valery argued the draft risks constitutional violations by prioritizing public safety over treatment and placing detainees in jail-like settings; Deputy State Attorney Jared Bianchi proposed narrowing language (changing 'shall' to 'may') and said edits are coming.
The Senate Judiciary heard testimony Feb. 12 on S.193, a bill to create a forensic hospital and revise competency-restoration procedures. Defender General Matt Valery told the panel that while his office supports the creation of a forensic hospital in principle, the current draft reads like a detention statute rather than a treatment law and risks running afoul of constitutional limits.
"To be constitutional, it cannot be operated in a manner that is akin to incarceration," Valery said, adding later, "If it looks like a jail, acts like a jail, and . . . it's a jail." He cited past experience, saying an earlier facility (Woodside) was effectively treated as a jail and prompted lawsuits and liability that led to its closure.
Valery identified several provisions…
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