Legislative committee reviews S.193 amendment on forensic facility, medical director role and Dale commitments

A legislative Judiciary committee on May 5 reviewed proposed changes to S.193 (draft 4.1) that would set procedures for placing people found incompetent to stand trial into a new forensic facility and, in some cases, later committing them to programs run or supervised by Dale.

Eric Fitzpatrick of the Office of Legislative Council led the committee through the draft and said the amendment keeps the existing placement criteria (serious offense, held without bail or a qualifying condition creating substantial risk, and not currently receiving treatment) but changes when people who fit Act 248‑style definitions would be diverted to Dale. "Rather than excluding that population completely," Fitzpatrick said, individuals would enter the restorability process and only be referred to Dale if a court later finds them nonrestorable.

Why that timing matters: under the draft, an initial placement at the forensic facility triggers a six‑month review measured from admission and then subsequent reviews tied to court orders; a restorability finding can be requested at any time. If a person is found nonrestorable, a 60‑day hearing would focus on whether the person is dangerous. Fitzpatrick said if the state demonstrates someone…