HB3572: UNFIT MISDEMEANANT DIVERSION

Legislative Summary

Reinserts the provisions of the introduced bill with changes. Provides that defendants charged with petty offenses or infraction of a municipal ordinance are not eligible for fitness restoration services. Provides that no defendant may be ordered to inpatient restoration unless at least one licensed physician, clinical psychologist, or psychiatrist who has examined the defendant testifies in person at the hearing. The defendant may waive the requirement of the testimony subject to the approval of the court. Creates the Fitness to Stand Trial Task Force. Provides that the Task Force shall conduct a thorough review of the statutory and regulatory rules governing the procedures by which individuals facing criminal charges may be unfit to stand trial. Provides that this review includes, but is not limited to, the determination of fitness, the housing and custodial status of persons undergoing fitness restoration, the rights of individuals found unfit, and the obligations of the Department of Human Services. Provides that the Department of Human Services shall provide administrative and technical support for the Task Force and is responsible for ensuring that the requirements of the Task Force are met. Provides that appointments to the Task Force shall be made within 90 days after the effective date of the amendatory Act. Provides that the Task Force shall submit a report containing its findings and any recommendations to the Supreme Court and the General Assembly on or before November 1, 2026. Some provisions effective immediately.