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DOC says proposed forensics bill would formalize competency restoration but not swell population
Summary
DOC told the Institutions Committee that the proposed forensics bill would direct DOC to provide competency-restoration treatment for people already in DOC custody (six people tied to recent serious cases); DOC said it does not expect a net increase in people held but would need to provide therapeutic and psychiatric services and may contract for specialized care.
DOC finance staff described how a proposed forensics bill would change treatment for a small subset of people in DOC custody who are not competent to stand trial. DOC said the bill envisions an attempt to restore competency that could require therapeutic and psychiatric services provided by DOC or by contract providers.
Why it matters: DOC told the committee that six individuals accused in several recent serious crimes meet the bill’s description and are already in DOC custody; the department does not expect the bill to create a new inflow of people but said providing restoration services would create a new set of care obligations. "What the forensics bill really envisions is a process by which that attempt at restoring competency is made," DOC said.
Operational impacts and uncertainty: DOC said, depending on clinical circumstances (for example, traumatic brain injuries or developmental disabilities), restoration might be indefinite in some cases. DOC emphasized courts retain the authority to determine competency, while DOC would provide services to support restoration. DOC does not currently plan specialized new facilities for this purpose; care would be provided in existing housing and through contracting if required.
Next steps: The committee flagged the item for further discussion in March/April work sessions; DOC said it will participate in follow-up hearings as statutory language and implementation details are developed.
