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Judiciary committee reviews S.193 draft to create secured forensic treatment facility for certain defendants
Summary
On Feb. 17 committee counsel walked members through a draft amendment to S.193 to establish a secured forensic treatment facility for people found incompetent to stand trial or found not guilty by reason of insanity for certain life-maximum offenses. Debate focused on admission criteria, procedural timing (40-day hearing; six‑month reviews), burden for release, involuntary medication, DOC vs. DMH oversight, record access, and whether older misdemeanor incompetency findings should be dismissed with or without prejudice.
Legislative counsel led a line-by-line walkthrough on Feb. 17 of a proposed committee "strike-all" amendment to S.193 that would require the state to establish a locked, secure forensic facility to provide "evaluation, treatment and care" to two classes of criminal defendants: those found incompetent to stand trial and those found not guilty by reason of insanity (NGRI) for offenses carrying life‑maximum penalties.
"The idea is that the person can't just be housed indefinitely without some treatment of the underlying condition," counsel said while explaining edits that reorder the draft to emphasize treatment and clinical evaluation. Counsel directed members to the definition of "forensic facility" (page 9) and said several passages were reorganized to foreground therapeutic obligations.
Under the draft, people admitted under the incompetency track would be evaluated initially and then at least every six months or sooner if the clinical services director deems the person likely competent. At the request of a party or as part of a periodic review, the court may order a forensic risk assessment to inform decisions about competency and public safety.
For NGRI acquittees the draft requires the court to hold an…
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