Committee advances bill to expand court-ordered outpatient treatment as an alternative to incarceration

Vice Chair Galahari told the Senate Judiciary Committee that House Bill 3,587 "improves the processes, procedures, and protection for the implementation of court ordered outpatient treatment," and that the measure is intended to create a "stronger alternative to incarceration." Galahari said the bill would help judges require outpatient treatment in appropriate criminal cases and better coordinate with certified community mental health providers.

Senator Brooks pressed the sponsor in a series of follow-up questions about whether the bill applies only in criminal proceedings and what would happen if a person failed to follow a court-ordered treatment plan. Brooks asked whether failing to participate could result in contempt or jail; the sponsor replied, "That's not anticipated in this bill that they'd be put into jail or held in contempt," and described the provision as a diversion tool that would be used consistently and reliably to try to get people help.

The sponsor also said the bill anticipates coordination between district attorneys and certified community mental health or substance-abuse providers to work on competency restoration and treatment plans. Committee members discussed whether the bill covers only defendants who have a criminal case component; the sponsor confirmed it is targeted at people going through the criminal process and at times may involve competency restoration measures.

After questions and brief discussion, the committee voted to advance the bill. The chair announced the recorded tally as seven ayes and zero nays. The committee did not adopt amendments on the floor record. The measure will now proceed toward the chamber calendar for potential floor consideration.