Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The full Indiana House of Representatives on Monday will take a final vote on a bill dealing with the process of determining whether a defendant is competent to stand trial.
House Bill 1238’s goal is to reduce the wait times for a competency exam, the bill’s author explained in the House Ways and Means Committee on Wednesday, when it received a unanimous committee vote.
“Your average person who is awaiting trial, who’s trying to determine whether they’re competent … is spending more than six months in jail or a mental institution,” Rep. Wendy McNamara, R-Evansville, said.
McNamara also noted that the amount of time a person on average is waiting for a competency exam is longer than the sentence they may receive for the charged misdemeanor. She said she hopes HB 1238 will clear the backlog of individuals waiting.
The bill would require the Division of Mental Health and Addiction to establish a training program to certify a competency evaluator to assist a court in determining competency. It also provides that certain licensed individuals may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant’s defense.
Additionally, the bill would allow a court to dismiss criminal charges without prejudice if the defendant has a certain diagnosis and is charged with a misdemeanor or Level 6 felony.
McNamara explained in committee that if someone has a diagnosis of Alzheimer’s, dementia or traumatic brain injury, then either party can move to dismiss and that person can be released.
HB 1238 is on the House’s third reading calendar for Monday, which is the last day for third reading of House bills in the House.
Please enable JavaScript to view this content.