HB2434: Orders for involuntary outpatient evaluations & services; evidence of defendant's mental condition.

Legislative Summary

Orders for involuntary Orders for involuntary outpatient evaluations and services; evidence of defendant's mental condition. Allows the court, if a defendant is found not guilty of any offense after a trial at which evidence of his mental condition was admitted, to enter an order for an outpatient evaluation of the defendant if the court finds probable cause to believe the defendant meets the criteria for an outpatient evaluation set forth in the bill. The bill requires the court to subsequently enter an order for outpatient services if it finds, by clear and convincing evidence, that the defendant has a mental condition, defined in the bill; the defendant engaged in conduct that created a risk of harm to himself or others; the conduct was related to the defendant's mental condition; the defendant is in need of outpatient treatment to prevent a relapse or deterioration of his mental condition; and there is a reasonable likelihood that community-based services for the defendant's mental condition will reduce the risk of harm. The bill imposes a time limit of 180 days on orders for outpatient services and provides processes for rescinding and continuing the order. The bill requires that orders for outpatient services include an outpatient services plan prepared by the community services board or behavioral health authority. The bill also clarifies a defendant's ability to offer evidence regarding his mental condition at the time of the alleged offense in certain circumstances if such evidence tends to show that the defendant did not have the requisite intent required for the offense charged.